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The Chief of Police, upon receiving an application for an Encounter Studio permit, shall refer the application to the Bureau of Building Inspection, the Fire Department, and the City Planning Department which departments shall inspect the premises proposed to be operated as an Encounter Studio and shall make written recommendations to the Chief of Police concerning compliance with the codes that they administer.
(Added by Ord. 241-77, App. 6/17/77)
The Chief of Police shall issue a permit within 14 days following a hearing if all requirements for an Encounter Studio described in this Article are met and shall issue a permit to all persons who apply to perform Encounter Studio services unless he finds:
(1) That the operation as proposed by the applicant if permitted would not have complied with all applicable laws, including, but not limited to the Building, City Planning, Housing and Fire Code of the City and County of San Francisco or regulations by the Chief of Police.
(2) That the operation as proposed by the applicant if permitted would not result in a density of more than one Encounter Studios, Massage Establishments, Adult Theaters or Adult Bookstores within an area of 500 square feet of the premises for which a permit is sought.
(3) That the applicant and any other person who will be directly engaged in the management and operation of an Encounter Studio has been convicted of any of the following offenses or convicted of an offense within, or without the State of California that would have constituted any of the following offenses if committed within the State of California:
(a) An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code;
(b) An offense involving the use of force and violence upon the person of another.
(c) An offense involving sexual misconduct with children;
(d) An offense as defined in Sections 311, 647(a), 647a, 647(b), 315, 316, 318 or 266 through 267 inclusive of the Penal Code of the State of California;
(e) The applicant has had revoked his license or permit issued by either the Alcoholic Beverage Control Commission of the State of California or the San Francisco Police Department.
(4) That the applicant or any other person who will be directly engaged in the management and operation of the Encounter Studio has had a permit or license to engage in a business or occupation granted by the State of California or the City and County of San Francisco revoked by the granting authority.
The Chief of Police shall issue a permit to any person convicted of any of the crimes described in Subsections (3a), (3b), (3c), (3d), or (3e) of this Section or subjected to a license or permit revocation as described in Subsection (4) of this Section if he finds that the termination of any disability resulting from such conviction or revocation occurred at least three years to the date of the application and the applicant has had no subsequent felony convictions of any nature, no subsequent misdemeanor convictions for crimes mentioned in this Section and no permit or license revocations as mentioned in Subsection (4) of this Section.
(Added by Ord. 241-77, App. 6/17/77)
Whenever any application is filed for a permit under this Article and said application has been denied by the Chief of Police, or a permit issued under this Article has been revoked, and no appeal has been taken to the Board of Permit Appeals or when any appeal from such denial or revocation has been taken to the Board of Permit Appeals and said Board has concurred in the judgment or order of denial or revocation, said application for said permit, or for a like permit for the same location or by the same applicant shall not be heard by the Chief of Police until the expiration of one year from the date of the previous denial or revocation of said permit or application and there shall be no appeal to said Board of Permit Appeals for failure or refusal to hear any such application or appeal within said one-year period.
(Added by Ord. 241-77, App. 6/17/77)
The Chief of Police shall issue a permit within 14 days following a hearing unless he finds that the applicant has had a permit or license to engage in a business or occupation granted by the State of California or the City and County of San Francisco revoked by the granting authority or that the applicant has been convicted of any of the following offenses or if convicted of an offense within or without the State which would have constituted any of the following offenses if committed within the State of California:
(a) An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code.
(b) An offense involving the use of force and violence on the person of another.
(c) An offense involving sexual misconduct with children.
(d) An offense as defined in Sections 311, 647(a), 647a, 647(b), 315, 316, 318 or 266 through 267 inclusive of the Penal Code of the State of California.
(e) The applicant has had revoked his license or permit issued by either the Alcoholic Beverage Control Commission of the State of California or the San Francisco Police Department.
The Chief of Police shall issue a permit to any person subjected to a revocation as described in this Section or to any person convicted of any of the crimes enumerated in Subsections (a), (b), (c), (d), or (e) of this Section if he finds that the termination of any disability resulting from such conviction or revocation occurred at least three years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature, no subsequent misdemeanor convictions for crimes mentioned in this Section and no subsequent permit revocations mentioned in this Section.
(Added by Ord. 241-77, App. 6/17/77)
Any permit issued for an Encounter Studio or employee may be revoked or suspended by the Chief of Police after a hearing, in any case where any of the provisions of this Article or local or State law are violated or where any employee of the permittee has engaged in any conduct which violates any of the state or local laws or ordinances at permittee's place of business, or in any case where the permittee or licensee refuses to permit any duly authorized Police officer of the City and County of San Francisco to inspect the premises or the operations therein.
(Added by Ord. 241-77, App. 6/17/77)
Upon sale, transfer or relocation of an Encounter Studio, the permit and license therefor shall be null and void unless approved as provided in Section 1072.24 herein; provided, however, that upon the death or incapacity of the permittee the Encounter Studio may continue in business for a reasonable period of time to allow for an orderly transfer of the permit.
If the permittee is a corporation, a transfer of 25 percent of the stock ownership of the permittee will be deemed to be a sale or transfer and the permit and license therefor shall be null and void unless approved as provided in Section 1072.24 herein; provided, however, that the provision shall not apply to a permittee corporation, the stock of which is listed on a stock exchange in this state or in the City of New York, State of New York, or which is required by law to file periodic reports with the Securities and Exchange Commission unless approved as provided in Section 1072.19 herein.
(Added by Ord. 241-77, App. 6/17/77)
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