§ 22-317. Investigation and action on application.

(a)

The chief of police shall determine whether the application for the adult-oriented business license contains all of the information required by this division. If it is determined that the application is not complete, the applicant shall be notified in writing within ten business days of the date of receipt of the application that the application is not complete and the reasons therefor. The applicant shall have 30 calendar days from the date of the notice to submit additional information to render the application complete. The applicant's failure to submit the additional information within this time period renders the application null and void. Within five business days following the receipt of a supplemental or amended application, the chief of police shall again determine whether the application is complete. Evaluation and notification shall occur as provided in this subsection until such time as the application is found to be complete. Once the application is found to be complete, the applicant shall be notified within five business days of that fact. If an applicant submits two consecutive incomplete applications, the applicant shall be notified in writing that a new application must be filed with the chief of police as set forth in this division.

(b)

Upon determining that a complete application and the required nonrefundable application fee have been submitted, the chief of police shall issue a temporary license to the applicant, which shall be valid for 30 business days after the date of issuance.

(c)

Within five business days after receipt of a completed application and the required filing fee, the chief of police shall transmit copies of the application and its attachments to appropriate city departments.

(d)

Within 30 business days after receipt of a completed application and the required filing fee, the chief of police shall complete the investigation, shall grant or deny the application in accordance with this section, and shall notify the applicant as follows:

(1)

If the application is approved, the chief of police shall write or stamp "granted" on the application and date and sign such notation. The chief of police shall attach to the application a regular adult-oriented business license.

(2)

If the application is denied, the chief of police shall write or stamp "denied" on the application and date and sign such notation. The chief of police shall attach to the application a statement of the reasons for denial.

(3)

The documents specified in subsections (d)(1) and (2) of this section shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address specified in the application. All notices given under this subsection shall be deemed given upon the date they are deposited in the United States mail or the date upon which personal service is provided.

(e)

The chief of police shall approve the issuance of a regular license to an applicant, unless it is determined by a preponderance of the evidence that any of the following findings is true:

(1)

An applicant is under 18 years of age.

(2)

An applicant has failed to provide information reasonably necessary for issuance of the license or has knowingly answered a question or request for information falsely on the application form.

(3)

An applicant has been denied a license by the city to operate an adult-oriented business within the 12 months preceding the filing of the application or an applicant whose license to operate an adult-oriented business has been revoked within the 12 months.

(4)

The applicant has been convicted of a specified criminal activity, either within the state or in another jurisdiction.

(5)

The applicant has, within the past five years, been convicted in an administrative enforcement action or court action of violating an adult-oriented business ordinance.

(f)

The regular license, if granted, shall expire one year from the date of issuance and may only be renewed by the licensee's filing with the chief of police a written request for renewal on a form provided by the city, accompanied by a nonrefundable application, investigation and licensing fee set forth in the schedule of fees established from time to time by the city council, and a copy of the license to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the regular license. When a renewal request is made less than 30 days before the expiration date, the expiration shall not be stayed. The chief of police shall act upon applications for license renewal as provided for applications for licenses.

(g)

The regular license, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, the address of the adult-oriented business and the classification of adult-oriented business, as set forth in section 22-237, for which the license is issued.

(h)

All licenses shall be posted in a conspicuous place at or near the entrance to the adult-oriented business so that they may be easily read at any time by all persons entering the adult-oriented business.

(i)

Within 30 calendar days of any change in the information originally submitted with the license application, all licensees shall provide the chief of police with a written statement supplementing or amending the information required by this division. Failure to submit such changes shall be grounds for suspension of the adult-oriented business license.

(j)

Within 30 calendar days of any change in employee hiring or status, all licensees shall provide the chief of police with a written statement supplementing or amending the information required by this division. Failure to submit such changes shall be grounds for suspension of the adult-oriented business license.

(k)

If the chief of police neither grants nor denies a completed application for which the filing fees have been paid, within 30 business days after the city's receipt of the application, the applicant may begin operating the adult-oriented business for the single classification of adult-oriented business as set forth in section 22-237, for which the license was sought, subject to compliance with the development and performance standards and regulations of division 6 of this article.

(Ord. No. 99-06, § 6(4.34.305), 2-24-1999)