9.13.210 Investigation and action on sexually oriented business nonperformer license application.
A. Upon submission of a completed sexually oriented business nonperformer license application by an individual who wishes to work in a managerial position in a sexually oriented business, 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 provisions of CVMC 9.13.200 are satisfied.
B. Investigation shall not be grounds for the City to unilaterally delay in reviewing a completed application. The Chief of Police’s determination of any violation of CVMC 9.13.200 or the existence of any of the grounds set forth in subsection (F) of this section shall be made within 10 business days from the date the application is filed with the Chief of Police. In the event the Chief of Police is unable to complete the investigation within 10 business days, he/she shall promptly notify the applicant. In no case shall the investigation exceed 30 days.
C. The Chief of Police shall render a written decision to grant or deny the nonperformer license within the foregoing 10-day time period set forth in subsection (B) of this section. Said decision shall be mailed first class postage prepaid or hand delivered to the applicant, within the foregoing 10-day period, or 30-day period if extended pursuant to subsection (B) of this section, at the address provided by the applicant in the application. Notice of such decision shall also be mailed first class postage prepaid or hand delivered to the owner or management of the sexually oriented business(es) identified on the applicant’s application.
D. The Chief of Police shall grant the application for a nonperformer license unless one or more of the grounds set forth in subsection (E) of this section is satisfied.
E. The Chief of Police shall deny the application of a nonperformer for a license to work in a managerial capacity at a sexually oriented business, or suspend or revoke an existing license, based on any of the following grounds:
1. The applicant/license holder has made a false, misleading, or fraudulent statement of material fact in the application for a nonperformer license.
2. The applicant is under 18 years of age.
3. The sexually oriented business identified by the applicant is not authorized to operate as a business under the laws of the state or City and/or does not have a valid sexually oriented business regulatory license.
4. The applicant has pled guilty, or pled nolo contendere or been convicted of a specified criminal activity.
5. Failure to comply with the requirements of this chapter.
F. 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 for a nonperformer license 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 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 9.13.220.
G. Failure of the Chief of Police to render a decision on the application within the time frames established by this section shall be deemed to constitute an approval of the nonperformer license.
H. Each sexually oriented business nonperformer license 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 applicant having been convicted of any specified criminal activity, the Chief of Police shall renew the applicant’s nonperformer license for one year. The renewal application 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 an initial application for a nonperformer license. The Chief of Police’s denial of a renewal application is subject to the hearing provisions of CVMC 9.13.220.
I. A change of the name and address of the sexually oriented business where the applicant proposes to work as a nonperformer in a managerial capacity shall be allowed, upon approval of the Chief of Police and payment of the required fees as set forth in the master fee schedule in the City adopted by resolution of the City Council. (Ord. 3315 §§ 2(2), 2(23), 2(24), 2014; Ord. 3241 § 3, 2012).