9.13.150 Investigation and action on application for sexually oriented business performer license.
A. Upon submission of a completed application, payment of license fees, and issuance of a temporary sexually oriented business performer license pursuant to CVMC 9.13.140, the Chief of Police shall immediately stamp the application “Received” and in conjunction with City staff, including members of the Police Department, shall promptly investigate the information contained in the application to determine whether the license applicant should be issued a sexually oriented business performer license.
B. Investigation shall not be grounds for the City to unilaterally delay in reviewing a completed application. The Chief of Police’s decision to grant or deny the adult business performer license shall be made within 30 City business days from the date the temporary license was issued and in no case shall the decision to grant or deny the license application be made after the expiration of the temporary license. In the event the Chief of Police is unable to complete the investigation within 30 City business days, he/she shall promptly notify the license applicant and extend the temporary license for up to 10 additional City business days. In no case shall the investigation exceed 40 City business days, nor shall the decision to grant or deny the license application be made after the expiration of the temporary license.
C. The Chief of Police shall render a written decision to grant or deny the license within the foregoing 30-City-business-day time period set forth in subsection (B) of this section. Said decision shall be mailed first class postage prepaid, hand delivered to the applicant, or emailed to the applicant (if the applicant approved email notification in his/her application), within the foregoing 30-City-business-day period or 40-City-business-day period if extended pursuant to subsection (B) of this section, at the address provided by the applicant in the application.
D. The Chief of Police shall notify the applicant as follows:
1. The Chief of Police shall write or stamp “Granted” or “Denied” on the application and date and sign such notation.
2. If the application is denied, the Chief of Police shall attach to the application a statement of the reasons for the denial. Such notice shall also provide that the license applicant may appeal the denial to the City Manager. The City Manager or a designated hearing officer shall conduct a hearing as described in CVMC 9.13.160(B).
3. If the application is granted, the Chief of Police shall attach to the application a sexually oriented business performer license.
4. The application, as acted upon, and the license, if any, shall be placed in the United States mail, first class postage prepaid, or hand delivered, addressed to the license applicant at the residence address stated in the application in accordance with the time frames established herein.
E. The Chief of Police shall grant the application and issue the license unless the application is denied based on one of the grounds set forth in subsection (F) of this section.
F. The Chief of Police shall deny the application based on any of the following grounds:
1. The license applicant has made false, misleading, or fraudulent statement of material fact in the application for a sexually oriented business performer license.
3. The sexually oriented business performer license is to be used for performing in a business prohibited by laws of the state or City or a business that does not have a valid sexually oriented business regulatory license.
4. The license applicant has pled guilty, nolo contendere or been convicted of a specified criminal activities.
G. Failure of the Chief of Police to render a decision on the license within the time frames established by this section shall be deemed to constitute an approval.
H. Each sexually oriented business performer license, other than the temporary license described in CVMC 9.13.140, shall expire one year from the date of issuance and may be renewed only by filing with the Chief of Police a written request for renewal, accompanied by a nonrefundable license renewal fee and a copy of the license to be renewed. The amount of such fees shall be as set forth in the master fee schedule of the City adopted by resolution of the City Council. If said application conforms to the previously approved application and there has been no change with respect to the license holder being convicted of any crime classified by this or any other state as a sex-related offense, the Chief of Police shall renew the license for one year. Any plea to or conviction of a sex-related offense requires the renewal application to be set for hearing before the Chief of Police in accordance with the provisions of this section. The request for renewal shall be made at least 30 days before the expiration date of the license. Applications for renewal shall be acted upon as provided herein for action upon applications for license. The Chief of Police’s denial of a renewal application is subject to the hearing provisions of CVMC 9.13.160.
I. A change of the present and/or proposed business address(es) and telephone number(s) of the establishments at which the applicant intends to work shall be allowed, upon approval of the Chief of Police and payment of the required fees as set forth in the master fee schedule of the City adopted by resolution of the City Council. (Ord. 3315 §§ 2(2), 2(17) – 2(19), 2014; Ord. 3241 § 3, 2012).