Section 4.74.150 Permit application and renewal.

Chapter 4.74 ADULT ENTERTAINMENT BUSINESSES

1. Any person desiring to obtain a permit, or renew an existing permit, to act as an escort/model, shall make application to the city clerk. An escort/model permit, issued pursuant to the provisions of this chapter, which has not been suspended or revoked, may be renewed for a period of one year on written application in accordance with this section to the city clerk made at least sixty days prior to the expiration date of the current valid permit. Prior to submitting such application for a permit or renewal of a permit, a nonrefundable fee of twenty-five dollars for a single business permit or fifty dollars for a multi-business permit shall be paid to the city treasurer to defray, in part, the cost of the investigation and report required by this chapter. The city treasurer shall issue a receipt showing that such permit application or renewal fee has been paid. The receipt, or a copy thereof, shall be supplied to the city clerk at the time such application is filed. Permit fees required under this chapter shall be in addition to any license, permit or fee required under any other chapter of this code.

2. Neither the filing of an application for a permit, or renewal thereof, nor the payment of an application or renewal fee, shall authorize a person to act as an escort/model until such permit has been granted or renewed.

3. Each applicant for an escort/model permit, or renewal thereof, shall furnish the following information:

a. The present or proposed address of the applicant's employer who has an adult entertainment business license;

b. The full true name under which the business will be conducted;

c. The full true name and any other names used by the applicant, in the past three years;

d. The present residence addresses and telephone numbers of the applicant;

e. Each residence of the applicant for the three year period immediately preceding the date of filing of the application and the inclusive dates of each such address;

f. Social security number of the applicant;

g. Acceptable written proof that the applicant is at least eighteen years of age;

h. The applicant's height, weight, color of eyes and hair and date of birth;

i. The business, occupation or employment history of the applicant for the three year period immediately preceding the date of the filing of the application;

j. The permit history of the applicant, for the five year period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this or any other city, county, state, or territory, has ever had any similar license or permit issued by such agency revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reason or reasons therefor;

k. All criminal convictions suffered by the applicant, including ordinance violations but excepting minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature and sentence of each such conviction;

l. Satisfactory evidence that the applicant is employed, or has been offered employment, by an adult entertainment business holding a valid license issued by the city including the name and address of the employer or prospective employer and the fact that such employment or continued employment is contingent upon the issuance of said permit; and

m. Such other identification and information as the city clerk may require in order to discover the truth of the matters required to be set forth in the application.

4. The application shall be referred to the chief of police for investigation and recommendation.

5. The chief of police shall have a reasonable period of time in which to investigate the application and background of the applicant.

6. The chief of police, within thirty days after receiving the application, shall recommend granting the permit, or renewal thereof, only if he finds that all of the following requirements have been met:

a. The required fees have been paid;

b. The application conforms in all respects to the provisions of this chapter;

c. The applicant has not knowingly made a material misrepresentation of fact in the application;

d. The applicant has fully cooperated in the investigation of the application;

e. The applicant has not had an adult entertainment business or escort/model permit or other similar license or permit denied or suspended or revoked for cause by the city or any other city or county located in or out of this state within the past twelve months immediately preceding the date of the filing of the application;

f. The applicant is at least eighteen years of age;

g. The applicant has not in the past twenty-four months been convicted or pleaded guilty to a misdemeanor or felony crime of moral turpitude or a misdemeanor or felony crime involving sexual misconduct or any offenses involving pimping, pandering, prostitution or lewd conduct.

7. If the chief of police does not find that all of the requirements set forth in subsection 6. of this section have been met, he shall recommend denial of the application for the permit or renewal thereof. In the event the application for the permit, or renewal thereof, is denied by the city clerk, written notice of such denial shall be given to the applicant specifying the ground or grounds of such denial. Notice of denial of the application for the permit, or renewal thereof shall be deemed to have been served if it in fact is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her address as set forth in the application for the permit or renewal thereof. Any applicant whose application for an escort/model permit, or renewal thereof, has been denied by the city clerk may appeal such denial to the city manager within twenty days of such denial. The decision of the city manager shall be final.

8. When any change occurs regarding the written information required by subsection 3. of this section, the applicant or permit holder, as the case may be, shall give written notification of such change to the city clerk within twenty-four hours after such change. (Ord. 2001-0307; 85/T-3910)