§ 7.92.040. License approval—Standards.

A.

The business license commission shall hold a public hearing on every application for an adult business license required by this chapter, whether it is a new license or a renewal of an existing license, and shall give notice of such hearing as required by Sections 7.10.100, 7.10.110, 7.10.120 and 7.10.130. All hearings shall be held in accordance with the provisions of this title.

B.

The business license commission shall, within 90 days of the filing of a complete license application, approve the adult business license if the standards and requirements of this chapter have been met; otherwise, the license shall be denied. Written notice of the approval or denial of the license shall be given to the owner by registered or certified mail, postage prepaid, or in the manner required for the service of summons in civil actions, within three days of the date of such decision. The times set forth in this subsection shall not be extended except upon the written consent of the owner.

C.

Notwithstanding Section 7.92.030A, if the business license commission has not acted to approve or deny the adult business license within 90 days of the filing of a complete application, the applicant shall be permitted to begin operating the adult business for which the license is sought. The applicant shall be permitted to continue to operate that adult business unless and until the business license commission acts to deny the adult business license and written notification of that action, including the reasons therefor, is provided to the applicant, by registered or certified mail, postage prepaid, or in the manner required for service of summons in civil actions.

D.

The business license commission shall approve and issue an adult business license if the application and evidence submitted show that:

1.

The adult business complies with all applicable requirements of Chapter 22.62; and

2.

The adult business will meet all applicable building, fire, electrical, health and plumbing regulations; and

3.

The adult business will not be located, in whole or in part, within any portable structure; and

4.

The adult business will not conduct or sponsor any special events, promotions, festivals, concerts or similar activities which would increase the demand for parking spaces beyond the approved number of spaces for the business; and

5.

The adult business will not conduct any massage, acupuncture, figure modeling, tattooing, acupressure or escort services and will not allow such activities on the premises; and

6.

The applicant, or the applicant's representatives, have not knowingly made any false, misleading or fraudulent statement of material fact in the application or in any report or record required to be filed with the tax collector or commission.

E.

Notwithstanding any other provision of this title, no adult business license shall be issued which imposes any conditions in an attempt to eliminate any ground for denial.

F.

If the decision of the business license commission is appealed to the license appeals board, upon the complete filing of a notice of appeal pursuant to and in accordance with Chapter 7.12, the license appeals board shall render its decision on the appeal, in accordance with the standards prescribed in this chapter, not later than 60 days after the filing of the notice of appeal.

(Ord. 2003-0067 § 33, 2003: Ord. 94-0081 § 2 (part), 1994.)