§ 7.92.030. License prerequisite—Application process.  


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  • A.

    It shall be unlawful for any person or entity to operate, engage in, conduct or carry on any adult business within the county of Los Angeles unless the owner of said business first obtains, and continues to maintain in full force and effect, an adult business license.

    A valid license other than the receipt described in Section 7.06.050 must be in the possession of the owner in advance of the operation of an adult business.

    B.

    Only the owner of the proposed adult business shall be eligible to obtain an adult business license.

    C.

    In addition to the information required by Chapter 7.06, the owner shall submit the following information and items to the tax collector at the time of applying for either a new adult business license or a renewal of an adult business license:

    1.

    A completed adult business license application form signed by the owner of the proposed adult business, and either the record owner of the property, his or her agent or, if the business premises are subleased to the applicant business, the sublessor of the premises;

    2.

    A site plan designating the building and/or unit proposed for the adult business and a dimensional interior floor plan depicting how the business will comply with all applicable requirements of this chapter;

    3.

    The information specified in Section 7.92.060 hereof if the adult business is an adult motion picture arcade;

    4.

    The information specified in Section 7.92.070 hereof if the adult business is an adult cabaret or adult theater;

    5.

    Documentation evidencing successful completion of the processes and receipt of the approvals required under Chapter 22.62 of this code. In cases where such documentation is unavailable at the time the application is filed with the tax collector, any action by the business license commission granting an adult business license shall be conditioned upon the applicant providing to the tax collector the documentation required by this subsection, and no adult business license shall be valid unless and until such documentation has been provided to the tax collector.

    6.

    A statement signed by the owner under penalty of perjury attesting to the truth and accuracy of the application and the information submitted therewith.

    D.

    The tax collector shall determine whether the application contains all the information required by the provisions of this chapter. If it is determined that the application is not complete, the applicant shall be notified in writing within ten days of the date of receipt of the application that the application is not complete and the reasons therefor, including any additional information necessary to render the application complete. The applicant shall have 30 calendar days to submit additional information to render the application complete. Failure to do so within the 30-day period shall render the application void. Within five days following the receipt of an amended application or supplemental information, the tax collector shall again determine whether the application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. The applicant shall be notified in writing within five days of the date the application is found to be complete or is rendered void. All notices required by this section shall be given by registered or certified mail, postage prepaid, or in the manner required for the service of summons in civil actions.

    E.

    Upon receipt of a complete application, including the payment of a license fee which may be established for an adult business pursuant to Section 7.14.010, the tax collector shall refer copies of the application to those officers and departments deemed appropriate by the tax collector. Every officer and department to which an application is referred shall advise the tax collector in writing of all material facts regarding the application, pursuant to Sections 7.06.120 and 7.06.130. At least five days before the public hearing required by section 7.92.040, the tax collector shall notify the applicant in writing if an officer in any department to which his application was referred recommends that the license be denied. Such written notice shall advise the applicant of the times and place where he may review all written materials related to any recommendation to deny the license. The written notice shall be given by registered or certified mail, postage prepaid, or in the manner required for the service of summons in civil actions, and may be, but need not be, included with the notice of public hearing required by Section 7.92.040A.

    F.

    Notwithstanding the above or any other provision of this chapter, no application for an adult business license shall be accepted or processed for any business that has had an adult business license revoked pursuant to Section 7.92.120 hereof within the preceding three-year period.

(Ord. 2003-0067 § 32, 2003: Ord. 94-0081 § 2 (part), 1994.)