A. An unrevoked adult use development permit for an adult business granted under this chapter shall be subject to review automatically after its issuance six months after issuance of the certificate of occupancy and every two years thereafter. The review shall be for the purpose of determining if the proposed use is being operated in compliance with the issued adult use development permit. The permit holder shall pay a fee of one-half the initial permit fee to cover the costs of investigation by the Police Department, Building Department and Fire Departments to inspect the premises to ensure that the business is being operated in compliance with the permit and to submit a review report to the Commission. The permit holder shall supply current information with respect to each category required in the initial application to enable the Commission to conduct its review for compliance.
The Commission shall place the item on its nonhearing agenda and provide the applicant with notice of the time and place for the hearing at which the review will be considered. If requested by a Commission member or by the permit holder, the review may be by public hearing, following the same procedure set forth in Section 7.95.080. If the Commission concludes that the business is not operating in compliance with its adult use development permit, it shall set a de novo public hearing to determine whether the permit should be revoked pursuant to the provisions of Section 7.95.120.
B. An adult use development permit for an adult business permit granted under this chapter shall become void if the adult business fails to operate within six months of the date of permit approval, unless prior to this time the permit holder demonstrates to the satisfaction of the Director of Development Services that it has a good faith intent to presently commence the proposed use. No more than two extensions of six months each for each failure to operate shall be permitted. (Ord. § 5 (part), 1996).