(A) Upon receipt of an application properly filed with the city and upon payment of the non-refundable application fee, the city or its designee, shall immediately stamp the application as received subject to the provisions of § 120.03(G). The person receiving the application shall immediately thereafter send photocopies of the application to the Chief of Police's Office and any other city agencies responsible for enforcement of health, fire and building codes and laws. Each department or agency shall promptly conduct an investigation of the applicant, application and the proposed sexually oriented business in accordance with its responsibilities under law and as set forth in this chapter. The investigation shall be completed within 20 days of receipt of the application by the city or its designee. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it, and, in the event it disapproves, state the reasons therefor. The Chief of Police's Office shall only be required to check local and state summary criminal history information, including NCIC, and certify whether disqualifying criminal history has been discovered. The Chief of Police's Office shall not be required to approve or disapprove applications. For this purpose, the Chief of Police is specifically authorized by the City Council pursuant to Cal. Penal Code §§ 11105 and 13300 to obtain such information as relates to disqualifying criminal convictions for licensing purposes, as specified in § 120.05(C)(1)(j) and to disclose so much of the information obtained to the city's designee as directly relates to such disqualifying criminal history, for such appropriate action as is required based upon such specified criminal conduct applicable to the subject applicant. No information shall be relayed relating to a criminal arrest not resulting in conviction, or to a criminal arrest for which pretrial or post-trial diversion has been ordered.
(B) A department or agency shall disapprove an application if it finds that the proposed sexually oriented business will be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the city. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the city or its designee.
(Ord. 1161, passed 8-17-94)