(A) Upon receipt of a license application, the city manager or designee shall determine whether it is complete and contains all information required by this section within two days of its receipt. If the application is incomplete, the city manager or designee shall deny the application and immediately inform the applicant in writing of the items needed to complete the application.
(B) The city manager, or designee thereof, shall issue or deny the issuance of a license to an applicant within ten days after receipt of a properly completed and executed application and the concurrently filed and completed application for an adult use planning permit--including an interim adult use planning permit--which shall be processed pursuant to §§ 17.41.050, 17.41.060, and 17.41.080 of this code. The city manager, or designee thereof, shall issue the license unless he/she finds one or more of the following to be true:
(1) An applicant is under 18 years of age;
(2) An applicant is overdue in payment to the city of fees owed by the applicant in relation to the adult business which is the subject of the application;
(3) An applicant has failed to completely fill out the application for the license or has provided materially false information on the application;
(4) The license fee required by this chapter has not been paid;
(5) The premises to be used for the adult business has not been approved by the city and the fire department, as being in compliance with applicable laws and ordinances, including the issuance of an adult use planning permit or interim adult use planning permit pursuant to §§ 17.41.050, 17.41.060, and 17.41.080 of this code;
(6) The applicant is operating the adult business without a license in violation of this code;
(7) That an applicant has been convicted of a specified criminal act for which:
(a) Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal acts;
(b) Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense or two or more misdemeanor offenses for the specified criminal acts;
(8) The premises to be operated do not comply with the location, design, and performance standards contained in § 17.41.140 of this code.
The city's decision to grant or deny a license shall not be based upon information authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600-900.
(C) Within ten days of the receipt of a completed application in accordance with the requirements of this section, the city manager or designee thereof shall refer the application to the chief of police to investigate and verify the information contained in the application. The chief of police may refer the application to any law enforcement body or authorized law enforcement contractor to assist in this determination. In the event the information requested pursuant to this section of this code is not available within the ten-day period, the chief of police shall--if the application otherwise meets the requirements of this code--issue a status report on the issuance of the adult business license, whereupon, the city manager, or designee thereof, shall issue the same within ten days of the receipt of the application. Should the information obtained from the chief of police vary in a material degree from that set forth by the applicant in the application, such variance shall be cause to deny, suspend or revoke the license in accordance with this code. Any license issued prior to the city receiving the background information required by this section shall state clearly on its face that the license is subject to suspension or revocation pursuant to this code.
(D) The license shall state on its face the name of the person or persons to whom it is issued, the expiration date, and the address of the adult business. The license shall be posted in a conspicuous place at or near the entrance to the adult business so that it may be easily read at any time.
(E) The City Clerk shall send to the applicant or licensee, by certified mail, return receipt requested, written notice of the action to issue or deny the license within ten days of the receipt of the completed application by the city manager. The decision of the city manager, or designee thereof, to issue or deny issuance of the license shall be subject to appeal in accordance with the following procedures:
(1) The appeal shall be submitted to and received by the City Clerk within ten days of the date of such action for which the appeal is made. The appeal must be in writing on forms provided by the city, together with an appeal fee established by resolution of the City Council, which may be amended from time to time. All appeals shall set forth the reason for asserting the appeal.
(2) When a timely appeal is filed, the City Council shall hear the matter or appoint a hearing officer to conduct a hearing on the matter. The hearing officer may be such person or body designated by the City Council to perform all or a portion of their duties, or may be another official or body from another city or agency, or other person qualified to conduct a review of the matter. The hearing for an appeal shall take place within ten business day of the receipt of the appeal. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, and may be represented by counsel. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness.
(3) The City Council or hearing officer shall render a written decision on the matter within five days of the close of the hearing on the appeal. In no event may the appeal hearing be continued for longer than thirty days, unless the applicant consents to a longer period of time.
(F) The decision of the City Council or hearing officer concerning the appeal of a denial of a permit shall be final. The applicant or permittee may seek prompt judicial review of such administrative action in a court of competent jurisdiction as provided by law, pursuant to California Code of Civil Procedure Section 1094.5 et seq. The city shall make all reasonable efforts to expedite judicial review in accordance with Code of Civil Procedure Section 1094.8.
(Ord. 2708 § 1, 2004.)