(A) Upon receipt of a completed application and payment of the application and license fees, the City Manager shall immediately write or stamp the application "Received" and, in conjunction with city staff, shall promptly investigate the information contained in the application to determine whether an adult business regulatory license shall be granted. Investigation shall not be grounds for the city to unilaterally delay in reviewing a completed application, nor is it grounds to extend the time period to conduct a hearing pursuant to this section.
(B) Within 21 days of receipt of the completed application, the investigation shall be completed and the City Manager shall notice and conduct a public hearing with notice of such hearing to be made pursuant to Cal. Government Code §§ 65091 and 65905.
(C) In reaching a decision on the application, the City Manager shall not be bound by the formal rules of evidence in the California Evidence Code.
(D) The City Manager shall render a written decision on the application for an adult business regulatory license within two city business days of the public hearing required by this section. The failure of the City Manager to render any decision within the time frames established in any part of this section shall be deemed to constitute an approval, subject to compliance with all operational standards of § 125.05 and all city zoning requirements, including those found in § 155.612, and shall be subject to appeal to the City Council, pursuant to § 125.08. The decision of the City Manager shall be hand delivered or mailed to the applicant at the address provided in the application, and shall be provided in accordance with the requirements of this code.
(E) Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the city of the pending application. Extensions of time sought by applicants shall not be considered delay on the part of the city or constitute failure by the city to provide for prompt decisions on applications.
(F) The City Manager shall grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows:
(1) The City Manager shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.
(2) If the application is denied, the City Manager shall attach to the application a statement of the reasons for the denial.
(3) If the application is granted, the City Manager shall attach to the application an adult business regulatory license.
(G) The City Manager shall grant the application and issue the adult business regulatory license upon findings that the proposed business meets, or will meet, all of the development and operational standards and requirements of this chapter, unless the application is denied based upon one or more of the criteria set forth in division (I) of this section.
(H) If the City Manager grants the application, the applicant may begin operating the adult business for which the license was sought, subject to strict compliance with the development and operational standards and requirements of this chapter. The license holder shall post the license conspicuously in the premises of the adult business.
(I) The City Manager shall deny the application if the applicant fails to establish any of the following:
(1) The adult business complies with the city's zoning requirements as to its underlying zoning designation and other locational requirements of § 155.612.
(2) The adult business complies with the development, operational or performance standards found in this chapter.
(3) The license applicant is at least 18 years of age.
(4) The required application fees have been paid.
(5) The application complies with § 125.03.
(J) A permittee, applicant or substantially related entity wherein the new application is made by an individual or previous entity exercising management or oversight or control of the adult facility, cannot re-apply for an adult business regulatory license for a particular location within one year from the date of prior denial.
(K) Any affected person may appeal the decision of the City Manager in writing within 10 days in accordance with the provisions of § 125.08.
(Ord. 976, passed 7-27-06; Am. Ord. 977, passed 8-10-06)