A. The city manager shall grant or deny an application for a permit within thirty (30) days from the date of its proper filing. Upon the expiration of the thirtieth day, the applicant may be permitted to begin operating the business for which the permit is sought, unless and until the city manager notifies the applicant of a denial of the application and states the reason(s) for that denial.
B. Grant of Application for Permit.
1. The city manager shall grant the application unless one or more of the criteria set forth in subsection C of this section is present.
2. The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually-oriented business. The permit shall also indicate that the sexually-oriented business whether permitted or not may be subject to prohibitions against public nudity in indecency pursuant to the United States Supreme Court decision in Barnes v. Glen Theatre, Inc., 501 4.5.560, III S.Ct. 2456, 59 USLW 4745 1991 and any applicable California statutes. The permit shall be posted in a conspicuous place at or near the entrance to the sexually-oriented business so that it can be easily read at any time.
C. Denial of Application for Permit.
1. The city manager shall deny the application for any of the following reasons:
a. An applicant is under eighteen (18) years of age.
b. An applicant or an applicant's spouse is overdue on his/her payment to the city of taxes, fees, fines, or penalties assessed against him/her or imposed upon him/her in relation to a sexually-oriented business.
c. An applicant is residing with a person who has been denied a permit by the city to operate a sexually-oriented business within the preceding twelve (12) months, or residing with a person whose permit to operate a sexually-oriented business has been revoked within the preceding twelve (12) months.
d. An applicant has failed to provide information reasonably necessary for the issuance of the permit or has falsely answered a question or request for information on the application form.
e. The premises to be used for the sexually-oriented business have not been approved as being in compliance with health, fire and building codes by the department or agency responsible under law for investigating the compliance.
f. The application or permit fees required by this chapter have not been paid.
g. An applicant of the proposed business is in violation of, or is not in compliance with, any of the provisions of this chapter including but not limited to the zoning location requirements for a sexually-oriented business.
h. The granting of the application would violate a statute, ordinance, or court order.
i. The applicant has a permit under this chapter which has been suspended or revoked.
j. An applicant has been convicted of a “specified criminal” act for which:
i. 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 which are crimes against children, sexual abuse, rape or crimes connected with another sexually-oriented business including but not limited to distribution of obscenity, harmful to minors violations, prostitution, pandering, or tax violations;
ii. 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; for the “specified criminal” acts which are crimes against children, sexual abuse, rape or crimes connected with another sexually-oriented business including but not limited to distribution of obscenity, harmful to minors violations, prostitution, pandering, or tax violations;
iii. 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 convictions are of two or more misdemeanors for the “specified criminal” acts which are crimes against children, sexual abuse, rape or crimes connected with another sexually-oriented business including but not limited to distribution of obscenity, harmful to minors violations, prostitution, pandering or tax violations; offenses occurring within any twenty-four-month period;
iv. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant;
v. An applicant who has been convicted of the above described “specified criminal acts” may qualify for a sexually-oriented business permit only when the time period required above has elapsed.
2. If the city manager denies the application, he/she shall notify the applicant of the denial and state the reason(s) for the denial.
3. If the person applies for a permit for a particular location within a period of twelve (12) months from the date of denial of a previous application for a permit at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied.
(Ord. 29 § 1 (part), 1991: Ord. 3 § 1 (part), 1991: prior code § 5.10.040)