§ 9-460. Investigation and action on application

(a) Within five (5) days after receipt of the properly completed application, the police chief shall grant or deny the application and so notify the applicant as follows:

(1) The police chief shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

(2) If the application is denied, the police chief shall attach to the application a statement of the reasons for denial.

(3) If the application is granted, the police chief shall attach to the application a sexually-oriented business performer license.

(4) The application as granted or denied and the license, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the residence address stated in the application.

(b) The police chief shall grant the application and issue the license unless the application is denied for one (1) or more of the reasons set forth in subsection (d) of this section.

(c) If the police chief neither grants nor denies the application within five (5) days after it is stamped as received (except as provided in section 9-459(g), the application shall be forwarded to the city council at its next regularly scheduled meeting for consideration in strict conformance with the provisions of this chapter.

(d) The police chief, or in the case of the police chief not acting within the time period under this section, the city council shall deny the application 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 a license or in any report or document required to be filed with the application;

(2) The applicant is under eighteen (18) years of age;

(3) The sexually-oriented business performer license is to be used for performing in a business prohibited by state or city law.

(4) The applicant has been registered in any state as a prostitute.

(5) The applicant has been convicted of any of the offenses enumerated in section 9-459(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. A license may be issued to any person convicted of the described crimes if the conviction occurred more than five (5) years prior to the date of the application.

(e) Each sexually-oriented business performer license shall expire one (1) year from the date of issuance and may be renewed only by filing with the police chief a written request for renewal, accompanied by the application fee and a copy of the license to be renewed. The request for renewal shall be made at least thirty (30) days before the expiration date of the license. When made less than thirty (30) days before the expiration date, the expiration of the license will not be stayed. Applications for renewal shall be acted on as provided herein for applications for licenses.

(Ord. No. 98-11, § 5, 4-20-98)