(a) Within fifteen (15) days after receipt of the properly completed application for adult or sexually oriented business employee permit, the city administrator, or his designee, shall grant or deny the application and so notify the applicant as follows:
(1) The city administrator, or his designee, shall write or stamp "Granted" or "Denied" on the application for adult or sexually oriented business employee permit and date and sign such notation.
(2) If the application for adult or sexually oriented business employee permit is denied, the city administrator, or his designee, shall attach to the application a statement of the reasons for denial.
(3) If the application for adult or sexually oriented business employee permit is granted, the city administrator, or his designee, shall attach to the application for adult or sexually oriented business employee permit an adult or sexually oriented business employee permit.
(4) The application for adult or sexually oriented business employee permit as granted or denied and the permit, if any, shall be placed in the U.S. mail, first class postage prepaid, addressed to the applicant at the residence address stated in the application. All notices given hereunder shall be deemed given upon the date they are deposited in the U.S. mail or the date upon which personal service is provided.
(b) The city administrator, or his designee, shall grant the application for adult or sexually oriented business employee permit and issue the permit unless the application is denied for one or more of the reasons set forth in subsection (c) of this section.
(c) The city administrator, or his designee, shall deny the application for adult or sexually oriented business employee permit for any of the following reasons:
(1) The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for adult or sexually oriented business employee permit or in any report or document required to be filed with the application or has omitted information reasonably necessary for issuance of the permit.
(2) The applicant is under 18 years of age.
(3) The adult or sexually oriented business employee permit is to be used for employment in a business prohibited by state or local laws, ordinances, or regulations.
(4) The applicant has been registered in any state as a prostitute.
(5) The applicant has been convicted of any criminal act enumerated in section
5.88, subsection (d)(5), or convicted of an offense outside the state of California that would have constituted any of the described offenses if committed within the State of California, for which:
a. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal act, or
b. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense for the specified criminal act, or
c. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two (2) or
more misdemeanors for the specified criminal acts occurring within any 24-month period.
(d) The adult or sexually oriented business employee permit, if granted, shall state on its face the name of the person to whom it is granted and the expiration date. The city administrator, or his designee, shall provide each person issued an adult or sexually oriented business employee permit with an identification card containing the name, address, photograph, and permit number of the permittee.
(e) Both the permit and identification card shall be available for inspection at all times during which the permittee is on the premises of the adult or sexually oriented business. The employee working on the premises pursuant to Section 5.89(f) shall possess a receipt showing the employee has paid the filing fees for the permit, in lieu of possessing the permit and identification card.
(f) If the city administrator, or his designee, neither grants nor denies a completed application for adult or sexually oriented business employee permit, for which the filing fees have been paid, within fifteen (15) business days after its receipt, the applicant may begin the employment for which the adult or sexually oriented business employee permit is sought, subject to strict compliance with the development and performance standards in section
5.92 and the regulations and other provisions of Article VI of
Chapter 26.
(Ord. No. 1094, Exh. B; Ord. No. 1126, § 3, Exh. B.)
