§ 22-347. Investigation and action on application.

(a)

Upon receipt of an application for an adult-oriented business employee license and the required nonrefundable application, investigation, and licensing fee, the chief of police shall issue a temporary license to the applicant.

(b)

The chief of police shall determine whether the application 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 five business days of the date of receipt of the application that the application is not complete and the reasons therefor. The applicant shall have ten 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 chief of police as set forth in this division.

(c)

Within 15 business days after the issuance of the temporary license, the chief of police shall grant or deny the application and so 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 an adult-oriented business employee 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 (c)(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.

(d)

The chief of police shall grant the application unless it is determined by a preponderance of the evidence that any of the following findings is true:

(1)

The 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;

(2)

The applicant is under the age of 18 years;

(3)

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

(4)

The adult-oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation or prohibited by a particular section of this article; and

(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.

(e)

The license, if granted shall expire one year from the date of issuance and may be renewed only by the licensee's filing with the chief of police a written request for renewal on a form provided by the city, accompanied by the required fee 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 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 initial licenses.

(f)

The license, if granted, shall state on its face the name of the person to whom it is granted and the expiration date. The chief of police shall provide each person issued an adult-oriented business employee license with an identification card containing the name, address, photograph, and license number of the licensee.

(g)

Both the license and identification card shall be available for inspection at all times during which the licensee is on the premises of the adult-oriented business.

(h)

If the chief of police neither grants nor denies a completed application for which the filing fees have been paid, within 15 business days after its receipt, the applicant may begin the employment for which the license is sought, subject to strict compliance with the development and performance standards and regulations of division 6 of this article.

(Ord. No. 99-06, § 6(4.34.405), 2-24-1999)