9.13.040 Issuance of license.
A. Upon the filing of a completed application for a sexually oriented business regulatory license, the Director shall immediately write or stamp the application “Received” and, in conjunction with City staff, shall promptly investigate the information contained in the application to determine whether a sexually oriented business regulatory license shall be granted. Investigation shall not be grounds for the City to unilaterally delay in reviewing a completed application, nor is it grounds to extend the time period to conduct a hearing pursuant to this section.
B. Within 21 days after the filing of a completed sexually oriented regulatory permit application, including payment of the required application fee, the investigation shall be completed. The Director shall promptly notice a public hearing with notice of such hearing to be made pursuant to California Government Code Sections 65091 and 65905. Said public hearing shall be conducted within 15 days of the expiration of the completed investigation period.
C. In reaching a decision on the application, the Director shall not be bound by the formal rules of evidence in the California Evidence Code.
D. The Director shall issue the written decision on the application for a sexually oriented business regulatory license within four City business days after the public hearing required by this section. The failure of the Director to render any decision within the time frames established in any part of this section shall be deemed to constitute an approval, subject to compliance with all operational standards of CVMC 9.13.100 and all City zoning requirements, including those found in CVMC 19.58.024, and shall be subject to appeal to the City Council, pursuant to CVMC 9.13.080. The decision of the Director shall be hand delivered or mailed to the applicant at the address provided in the application, and shall be provided in accordance with the requirements of this code.
E. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the City of the pending application. Extensions of time sought by applicants shall not be considered delay on the part of the City or constitute failure by the City to provide for prompt decisions on applications.
F. The Director shall grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows:
1. The Director shall write or stamp “Granted” or “Denied” on the application and date and sign such notation.
2. If the application is denied, the Director shall attach to the application a statement of the reasons for the denial.
3. If the application is granted, the Director shall attach to the application a sexually oriented business regulatory license.
G. The Director shall grant the application and issue the sexually oriented business regulatory license upon findings that the proposed business meets, or will meet, all of the development and operational standards and requirements of this chapter, unless the application is denied based upon one or more of the criteria set forth in subsection (I) of this section.
H. If the Director grants the application, the applicant may begin operating the sexually oriented business for which the license was sought, subject to strict compliance with the development and operational standards and requirements of this chapter. The licensee shall post the license conspicuously in the premises of the sexually oriented business.
I. The Director shall deny the application if the applicant fails to establish any of the following:
1. The sexually oriented business complies with the City’s zoning requirements as to its underlying zoning designation and other locational requirements.
2. The sexually oriented business complies with the development, operational or performance standards found in this chapter.
4. The required application fees have been paid.
5. The applicant, each nonperformer working in a managerial capacity and each performer have not pled guilty or pled nolo contendere or been convicted of a specified criminal activity.
6. The application complies with CVMC 9.13.030.
J. A permittee, applicant or substantially related entity wherein the new application is made by an individual or previous entity exercising management or oversight or control of the sexually oriented business cannot reapply for a sexually oriented business regulatory license for a particular location within one year from the date of prior denial.
K. Any affected person may appeal the decision of the Director in writing within 10 days in accordance with the provisions of CVMC 9.13.080. (Ord. 3315 §§ 2(5), 2(6), 2014; Ord. 3241 § 2, 2012).