(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) Upon receipt of a completed application, the city manager, or designee thereof, shall refer the adult live entertainer license 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 no event shall the investigation or the decision to grant or deny a license include information authorized or required to be kept confidential in accordance with Welfare and Institutions Code Sections 600 to 900. After the investigation, including obtaining the information pursuant to § 5.08.180 of this chapter, the chief of police shall, within ten days of the receipt of the complete application, issue a report on the issuance of the adult live entertainer license to the city manager, or designee thereof, and the city manager or designee shall issue such license within the same ten-day period unless one or more of the following is true:
(1) The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license, permit or in any report or record required to be filed with the city or county;
(2) An applicant is under 18 years of age;
(3) 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 misdemeanors for the specified criminal acts;
(4) The adult live entertainer will be performing in a building, structure, and location which does not comply with the requirements or meet the standards of the health, zoning, fire, and safety laws of the state of California and ordinances of the city applicable thereto;
(5) The applicant has had an adult live entertainer license revoked by the city within two years of the date of the current application;
(6) The adult live entertainer license is for a business prohibited by a local or state law, statute, rule or regulation, or prohibited in the particular location by the provisions of this code; or
(7) The applicant has been refused a license or had a license revoked by this city or any other county or municipality within two years of the date of the current application.
(C) In the event the information requested pursuant to § 5.08.190(B) of this chapter is not available within said ten-day period, the chief of police shall--if the application otherwise meets the requirements of this code--issue a report on the issuance of the adult live entertainer license; whereupon the city manager, or designee thereof, shall issue the same. Should the information obtained pursuant to § 5.08.190(B) of this chapter materially vary from that on the application, such variance shall be cause to suspend or revoke the license. Any license issued prior to the city receiving the information required by § 5.08.190(B) of this chapter shall state clearly on its face that the license is subject to suspension on revocation pursuant to this chapter.
(D) 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 a completed application. 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 days 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.
(E) The decision of the City Council or hearing officer concerning the appeal of a denial of a license 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.)