(a) Business Activities Involving Constitutionally Protected Expressive Activities. The city council or director shall approve a business permit application for business activities involving constitutionally protected expressive activities, or applications to manage such activities, unless any of the following findings are made:
(1) The building, structure, premises, or the equipment used to conduct the business activity, fails to comply with all applicable health, zoning, fire, building and safety laws of the state of California or the city;
(2) The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for the business permit or in any report or statement required to be filed with the director or the city; or
(3) The business is prohibited by any law, statute, rule or regulation, or prohibited in the particular location or zone by any law, statute, rule, or regulation.
(b) Business Activities Not Involving Constitutionally Protected Expressive Activities. The city council or director shall approve a business permit application for business activities not involving first amendment activities, or applications to manage such activities, unless any of the following findings are made:
(1) The building, structure, premises, or the equipment used to conduct the business activity, fails to comply with all applicable health, zoning, fire, building and safety laws of the state of California or the city;
(2) The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for the business permit or in any report or statement required to be filed with the director or the city;
(3) The business is prohibited by any law, statute, rule or regulation, or prohibited in the particular location or zone by any law, statute, rule, or regulation;
(4) The applicant is found to have committed a crime involving moral turpitude which is substantially related to the business activity for which the permit is being sought;
(5) The applicant, his or her agent or employee, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager, has committed, assisted in, or incited the commission of any act, or act of omission, which would be grounds for disciplinary action under this chapter if committed by a permittee;
(6) The applicant has been subject to enforcement actions by another governmental agency in connection with his or her operation of a similar business activity for which the permit is being sought; or
(7) The establishment of the business will be detrimental to the public health, safety or welfare of the community.
(Ord. 786 § 2 (part), 1999)