It is unlawful for any person to engage in, conduct, or carry on, in or upon any premises within the city the operation of an adult entertainment establishment without the license obtained from the chief of police as required by this chapter. An adult entertainment license shall be issued to any person who has complied with the requirements of Sections 4.55.050, 4.55.070 and all other applicable provisions of this code, unless grounds for denial of such license are found to exist. In addition to those set forth in Section 4.04.140, grounds for denial include:
(a) The applicant made a material misstatement in the application for a license;
(b) The applicant has, within five years immediately preceding the date of the filing of the application, been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code Section 290, or any violation of Sections 311 through 311.7, 313.1, 314, 315, 316, 318 or 647(b), 647(d), or 647(h) of the California Penal Code, or of any offense involving theft of property or violence. The basis for denial stated in this subsection (b) shall not apply to adult theaters, adult bookstores, adult arcades or adult video stores. Prior to denying a license under this chapter for either of said activities by reason of such conviction, the chief of police shall make a finding that by reason of the nature of the conviction or underlying facts, or by reason of the anticipated nature of the activities to be carried out under the license applied for, or by reason of any other relevant factors, the issuance of such license would be inconsistent with the general health, safety and welfare;
(c) That the operation of an adult entertainment establishment, as proposed by the applicant, if permitted, would not comply with all applicable laws including, but not limited to, all city ordinances and regulations;
(d) That the applicant has violated any provision of this chapter, or of any similar ordinance, law, rule or regulation of another public agency which regulates the operation of adult entertainment establishments.
(Ord. 3947 § 2, 1990: Ord. 3113 § 8, 1979: Ord. 2946 § 4 (part), 1976)