The Chief of Police shall issue or renew a permit for a period not to exceed 12 months based upon his or her investigation, only if the Chief of Police finds and determines that:
(A) The operation, as proposed by the applicant, if permitted, would comply with ail applicable federal, state and local laws, rules and regulations, including, but not limited to, the city’s building, fire, zoning and health requirements;
(B) The applicant, each person who has a financial interest in the business or the entertainment venue or restaurant where the entertainment will be conducted and each person who will be directly engaged in the management or operation of the business or the entertainment venue or restaurant where the entertainment will be conducted:
(1) Has not been convicted in a court of competent jurisdiction within the past five years of any of the following: fraudulent business practices, selling or trafficking in stolen goods, illegal drug activity, illegal gambling, prostitution, assault, battery, rape or other criminal sexual assault or lewd conduct. If the entertainment venue or restaurant where the entertainment will be conducted will be patronized by minors, the above listed persons shall also not have been convicted in a court of competent jurisdiction within the past five years of any of the following: child abuse, sexual misconduct with a minor or the illegal serving, providing or selling of alcoholic beverages to underage persons; and
(2) Is not required to register under Penal Code § 290 or Health & Safety Code § 11590; and
(3) The applicant has not knowingly made any false, misleading or fraudulent statement of fact in the permit application process or on any document required by the city in conjunction with the application; and
(C) The applicant, each individual having a financial interest in the business or the entertainment venue or restaurant where the entertainment will be conducted and any person who will be directly engaged in the management or operation of the business or the entertainment venue or restaurant where the entertainment will be conducted has not or is not operating the same or similar businesses, entertainment venues or restaurants with an entertainment permit which have had 12 or more citations issued to, or arrests made of, any of its employees, patrons or performers in any 12 month period for any of the following activities: disturbance of the peace, public drunkenness, drinking in public, public urination, selling or trafficking in stolen goods, theft, acts of vandalism, littering, graffiti, illegal drug activity, illegal gambling, prostitution, assault, battery, rape or other criminal sexual assault, lewd conduct, curfew violations, child abuse, sexual misconduct with a minor or the illegal serving, providing or selling of alcoholic beverages to underage persons.
(`78 Code, § 5.06.060.) (Ord. 2420 § 2, 1999.)