§ 9-458. Denial of application for sexually-oriented business license

The police chief, or, in the case of the police chief not acting within the time period under section 9-457(d), the city council shall deny the application for any of the following reasons:

(a) That the building, structure, equipment and location used by the business for which a license is required herein do not comply with the requirements and standards of the health, zoning, fire and safety laws of the State of California and of the City of Costa Mesa.

(b) That the applicant, his or her employee, agent, partner, director, officer, stockholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license or in any report or record required to be filed with the police department or other department of the city.

(c) That the applicant has had any type of sexually-oriented business license revoked by any public entity within two (2) years of the date of the application.

(d) Within five (5) years immediately preceding the date of the filing of the application for a license under this chapter, the applicant has been convicted of a felony or misdemeanor which offense is classified by the state as an offense involving sexual crimes against children, sexual abuse, rape, kidnapping, distribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to, the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Sections 243.4, 261, 261.5, 264.1, 266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316, or 647.

(e) That on the date that the business for which a license is required herein commences, and thereafter, there will be no responsible adult on the premises to act as manager at all times during which the business is open.

(f) That an applicant is under eighteen (18) years of age.

(g) That an applicant, manager, or any agent or employee of the applicant or manager has been convicted in a court of competent jurisdiction of any crime in conjunction with or as a result of the operation of a sexually-oriented business prior to the filing of the application. The fact that a conviction is being appealed will have no effect on disqualification of the applicant.

(h) The required application fees have not been paid.

(Ord. No. 98-11, § 5, 4-20-98)