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A. The city manager shall act on an escort application within 90 days of the filing thereof, and shall issue the permit if all requirements for such permit are met, unless the city manager finds:
1. That the applicant has been convicted of any of the following offenses or convicted of an offense without the State of California that would have constituted any of the following offenses if committed within the State of California: sections 243.4, 261, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 266i, 266j, 267, 288, 314.1, 314.2, 315, 316, 318, 653.22 or subdivisions (a), (b), and (d) of section 647 of the California Penal Code; any offense requiring registration under provisions of either section 290 of the California Penal Code or section 11590 of the California Health and Safety Code; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing, giving away, of a controlled substance specified in section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code, or as those sections may hereafter be amended or renumbered.
The city manager shall issue a permit to any person convicted of any of the crimes described in subsection A of this section if (a) the person is otherwise qualified; and (b) the longer of the following time periods has passed:
i. Five years from date of the conviction;
ii. Five years from release from confinement;
iii. Five years from formal release from probation period; or
iv. Five years from formal release from parole.
2. That the applicant has knowingly made a material misrepresentation in the application.
3. That the applicant has had an escort permit denied or revoked for cause by this city or any other city or county within the last five years.
4. That the applicant is not at least 18 years of age.
5. That the applicant has not paid the required fee to the department of finance.
B. Notice of Decision. Such decision shall be in writing and mailed to the applicant, postage prepaid, within five days of the city manager's decision. (Ord. 2021-0016 § 7; Ord. 2001-040 § 7; prior code § 28.06.068)
A. The city manager shall act on an escort or figure model application within 90 days of the filing thereof, and shall issue the permit if all requirements for such permit are met, unless the city manager finds:
1. That the applicant has been convicted of any of the following offenses or convicted of an offense without the state of California that would have constituted any of the following offenses if committed within the state of California: sections 243.4, 261, 266a, 266b, 266d, 266e, 266f, 266g, 266h, 266i, 266j, 267, 315, 316, 318 or subdivision (b) of section 647 of the California Penal Code; any offense requiring registration under provisions of either section 290 of the California Penal Code or section 11590 of the California Health and Safety Code; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing, giving away, of a controlled substance specified in section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code, or as those sections may hereafter be amended or renumbered.
The city manager shall issue a permit to any person convicted of any of the crimes described in subsection A of this section if (i) the person is otherwise qualified; and (ii) the longer of the following time periods has passed:
a. Five years from date of the conviction;
b. Five years from release from confinement;
c. Five years from formal release from probation period; or
d. Five years from formal release from parole.
2. That the applicant has knowingly made a material misrepresentation in their application.
3. That the applicant has had an escort or figure model permit denied or revoked for cause by this city or any other city within the last five years.
4. That the applicant is not at least 18 years of age.
5. That the applicant has not paid the required fee to the department of finance.
B. Notice of Decision. Such decision shall be in writing and mailed to the applicant, postage prepaid, within five days of the city manager's decision. (Ord. 2021-0016 § 8; prior code § 28.06.069)
A. Adult-related Establishment Permits. Any applicant aggrieved by the decision of the city manager relating to the issuance or denial of a permit for an adult-related establishment may within ten (10) days after the date of mailing of the decision to the applicant, appeal to the city council by the filing of a written notice thereof with the city clerk. If such appeal is not filed within ten (10) days, the decision of the city manager shall be final.
Such appeal shall be set for hearing by the council at a date not later than thirty (30) days after the filing of the notice of appeal. The notice of hearing shall be mailed to the applicant at least ten (10) days prior to the date set for the hearing. The council may continue its hearing on such appeal from time to time. It shall hear all relevant evidence from competent persons relating to the granting or denial of the permit. It may return the matter to the city manager or chief of police for further information or further investigation. The council may affirm, reject or modify the decision of the city manager in regard to the granting or denial of an application.
B. Escort Permits. Any applicant aggrieved by the decision of the city manager relating to the issuance or denial of any escort permit may, within 10 days after the date of mailing of the decision to the applicant, appeal such decision to the city council by the filing of a written notice thereof with the city clerk. If such appeal is not filed within 10 days, the decision of the city manager shall be final.
Such appeal shall be set for hearing by the council at a date not later than 30 days after the filing of the notice of appeal. The notice of hearing shall be mailed to the applicant at least 10 days prior to the date set for hearing. The council may continue its hearing on such appeal from time to time. It shall hear all relevant evidence from competent persons relating to the granting or denial of the permit. It may return the matter to the city manager or chief of police for further information or further investigation. The council may affirm, reject or modify the decision of the city manager in regard to the granting or denial of an application.
C. Appointment of Hearing Examiner. The city council may employ the procedure specified in Section 1.24.050 et seq. of this code for the appointment of a hearing officer to hear and decide the appeal. The hearing officer's decision shall have the effect specified in Section 1.24.090 of this code, and judicial review shall be governed by Section 1.24.110 of this code. (Ord. 2021-0016 § 9; Ord. 2001-040 § 8; prior code § 28.06.070)
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