(A) The planning director shall refer the completed permit 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.
(B) After the investigation, including obtaining the information contained in the application, the chief of police shall issue a report to the planning director, the planning commission or City Council as appropriate, and the planning director, the planning commission or City Council as appropriate, shall approve the adult use planning permit unless one or more of the following findings are true:
(1) That the applicant, his or her employee, agent, partner, director, officer, controlling stock holder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit or in any report or record required to be filed with any city or county agency or department;
(2) That on the date that the business for which a permit is required herein commences or thereafter, there will be no responsible person on the premises to act as manager at all times during which the adult business is open;
(3) That an applicant is less than 18 years of age;
(4) That an applicant has been convicted of a specific 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;
(c) The fact that a conviction is being appealed shall have no effect on disqualification of the applicant,
(d) An applicant who has been convicted of any of the above described specified criminal acts may qualify to own, operate or manage an adult business only when the required time period has elapsed.
(5) That the application is incomplete.
(C) In the event the information requested pursuant to this section is not immediately available, the chief of police shall-- if the application otherwise meets the requirements of this code and the investigation conducted reveals none of the factors set forth in division (A) of this section--report thereon. Whereupon, the city manager, or designee thereof, shall issue an Interim Adult Use Planning Permit within ten days of the receipt of the application. Should the background information obtained by the chief of police materially vary from that on the application, such variance shall be cause to revoke the Interim Adult Use Permit and any other permit or licenses upon which such information is necessary. Any permit issued prior to the city receiving the background information required shall state clearly on its face that the permit is subject to suspension or revocation pursuant to this code.
(D) The city's decision to grant or deny the permit shall not include information authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600 to 900.
(Ord. 2708 § 4, 2004.)