(a) Upon submission of a completed adult business non-performer license application by an individual who wishes to work in a managerial position in an adult business, 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 provisions of § 41.2903 are satisfied.
(b) Investigation shall not be grounds for the County to unilaterally delay in reviewing a completed application. The responsible department’s determination of any violation of § 41.2903 or the existence of any of the grounds set forth in Subdivision (f) below shall be made within ten business days from the date the application is filed with the responsible department. In the event the responsible department is unable to complete the investigation within ten business days, responsible department shall promptly notify the applicant. In no case shall the investigation exceed 30 days.
(c) The responsible department shall render a written decision to grant or deny the non-performer license within the foregoing ten-day 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 ten-day period, or 30-day period if extended pursuant to Subdivision (b) of this Section, at the address provided by the applicant in the application. Notice of such decision shall also be mailed first class postage prepaid or hand delivered to the owner or management of the adult business(es) identified on the applicant’s application.
(d) The responsible department shall grant the application for a non-performer license unless the application is denied based on one or more of the grounds set forth in Subdivision (e) of this Section.
(e) The responsible department shall deny the application of a non-performer for a license to work in a managerial capacity at an adult business, or suspend or revoke an existing license, based on any of the following grounds:
(1) The applicant/license holder has made a false, misleading, or fraudulent statement of material fact in the application for a non-performer license.
(2) The applicant is under 18 years of age.
(3) The adult business identified by the applicant is not authorized to operate as a business under the laws of the State or County and/or does not have a valid adult business regulatory permit.
(4) The non-performer work applicant has pled guilty, or pled 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).
(5) Failure to comply with the requirements of this Chapter.
(f) 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 for a non-performer license 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 applicant may appeal the denial to a designated hearing officer. The designated hearing officer shall conduct a hearing as described in § 41.2905.
(g) Failure of the responsible department to render a decision on the application within the time frames established by this Section shall be deemed to constitute an approval of the non-performer license.
(h) Each license holder must annually renew his or her license with the responsible department designee by a written application for a license renewal. If said application conforms to the previously approved application and there has been no change with respect to the applicant having been convicted of any crime classified by this or any other state as a sex related offense, the responsible department shall renew the applicant’s availability for work in an adult business during regular business hours for one year. The renewal application 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 an initial application for a non-performer license. The responsible department’s denial of a renewal application is subject to the provisions of § 41.2905.
(Ord. 4239, passed - -2014; Am. Ord. 4379, passed - -2020)