(a) Upon submission of a completed application, payment of license fees, and issuance of a temporary adult business performer license pursuant to § 41.2803, the responsible department shall immediately stamp the application “Received” and in conjunction with County staff, including members of the Sheriff’s Department, shall promptly investigate the information contained in the application to determine whether the license applicant should be issued an adult business performer license.
(b) Investigation shall not be grounds for the County to unilaterally delay in reviewing a completed application. The responsible department’s decision to grant or deny the adult business performer license shall be made within 20 business days from the date the temporary license was issued and in no case shall the decision to grant or deny the license application be made after the expiration of the temporary license. In the event the responsible department is unable to complete the investigation within 20 business days, the responsible department shall promptly notify the license applicant and extend the temporary license for up to 20 additional days. In no case shall the investigation exceed 40 days to allow sufficient time for the LiveScan result, nor shall the decision to grant or deny the license application be made after the expiration of the temporary license.
(c) The responsible department shall render a written decision to grant or deny the license within the time period set forth in Subdivision (b) of this section. Said decision shall be mailed first class postage prepaid or hand delivered to the applicant within the foregoing 20-day period, or 40-day period if extended pursuant to Subdivision (b) of this Section, at the address provided by the applicant in the application.
(d) The responsible department shall notify the applicant as follows:
(1) The responsible department shall write or stamp “Granted” or “Denied” on the application and date and sign such notation.
(2) If the application is denied, the responsible department shall attach to the application a statement of the reasons for the denial. Such notice shall also provide that the license applicant may appeal the denial pursuant to § 41.2805.
(3) If the application is granted, the responsible department shall attach to the application an adult business performer license.
(4) The application, as acted upon, and the license, if any, shall be placed in the United States mail, first class postage prepaid, or hand delivered, addressed to the license applicant at the residence address stated in the application in accordance with the time frames established herein.
(e) The responsible department shall grant the application and issue the license unless the application is denied based on one of the grounds set forth in Subdivision (f) of this section.
(f) The responsible department shall deny the application based on any of the following grounds:
(1) The license applicant has made false, misleading, or fraudulent statement of material fact in the application for an adult business performer license.
(2) The license applicant is under 18 years of age.
(3) The adult business performer license is to be used for performing in a business prohibited by laws of the State or County or a business that does not have a valid adult business regulatory permit.
(4) The license applicant, has pled guilty, nolo contendere or been convicted of an offense classified by this or any other state as a sex related offense including crimes involving moral turpitude, prostitution, or obscenity subject to the time periods established in § 85.21.020(c)(4)(A), (B), and (C).
(g) Failure of the responsible department to render a decision on the license within the time frames established by this Section shall be deemed to constitute an approval.
(h) Each adult business performer license, other than the temporary license described in § 41.2803, shall expire one year from the date of issuance and may be renewed only by filing with the responsible department a written request for renewal, accompanied by the annual license fee and a copy of the license to be renewed. If said application conforms to the previously approved application and there has been no change with respect to the license holder being convicted of any crime classified by this or any other state as a sex-related offense and no other grounds exist under Subdivision (f) of this Section, the responsible department or his or her designee shall renew the license for one year. If any ground set forth in Subdivision (f) of this section exists, then the license shall not be automatically renewed and the notice, including notice of right to appeal, shall be provided as set forth in Subdivision (d)(2) of this Section. The request for renewal shall be made at least 30 days before the expiration date of the license. Applications for renewal shall be acted upon as provided herein for action upon applications for license. The responsible department’s denial of a renewal application is subject to the provisions of § 41.2805.
(Ord. 4239, passed - -2020; Am. Ord. 4379, passed - -2020)