A. The chief of police shall act on the adult performer permit or figure model application within sixty (60) days after the filing of a complete application. Pending the decision on the application, the applicant who has filed a complete application shall be entitled to perform as an adult performer or figure model, and the chief of police shall issue a temporary permit for this purpose; provided that no temporary permit shall be issued to a person who has applied for, and had denied within the past one year, an adult performer permit or figure model permit.
B. The chief of police shall issue the permit if all requirements for the permit are met, unless the chief of police 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) or (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; provided, however, that the chief of police shall issue a permit to any person convicted of any of the crimes described above if (a) the person is otherwise qualified for a permit; and (b) the longer of the following time periods has passed:
i. Five years from date of the conviction; or
ii. Five years from release from confinement; or
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 adult performer permit or figure model 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 eighteen (18) years of age.
5. That the applicant has not paid the required fee to the department of finance.
B. Notice of Decision. The decision shall be in writing and mailed to the applicant postage prepaid, within five days after the chief of police's decision. If the permit is denied, the applicant shall cease activities as an adult performer or figure model within ten (10) days unless the applicant timely appeals the decision denying the permit pursuant to Section 5.06.120. If a timely notice of appeal is filed, the applicant may continue acting as an adult performer or figure model while the appeal is pending. (Ord. 2001-040 § 2)