Appendix 3918. ISSUANCE OF PERMIT/CONDITIONAL GRANT

(a)

The Community Development Director shall grant, grant upon condition, or deny an application for a permit within thirty (30) days from the date the application is deemed complete. The applicant shall be notified by the Community Development Director of such grant, conditional grant or denial of the application and shall state the reasons for denial. A permit may be conditionally granted only when the City has not timely received fingerprint information to verify that the applicant has not been convicted of specified criminal acts within the timeframes described in subsection (c)(1)(i). Such conditional grant shall not constitute a vested right to operate under this permit.

If the Community Development Director neither grants nor denies the application within thirty (30) days after the complete application is stamped received (except as provided in Section 3916(h), the application shall be deemed to be approved as of the thirty-first day and the applicant may begin operating the sexually oriented business for which the permit was sought, subject to compliance with the development and performance standards and requirements of Section 3912 of this Code.

(b)

Grant of application for permit

(1)

The Community Development Director or designee, shall grant the permit or grant upon condition unless one (1) or more of the criteria set forth in subsection (c) below is present, except that a conditional grant issued shall be null and void upon the City's receipt of disqualifying information and subsequent denial.

(2)

The permit, if granted, shall state the name of the person(s) to whom the permit is granted, the expiration date, and the address of the sexually oriented business. The permit shall be posted by the permittee in a conspicuous place at or near the entrance to the sexually oriented business.

(c)

Denial of application for permit

(1)

The Community Development Director or designee, shall deny the application for any of the following reasons:

a.

An applicant is under eighteen (18) years of age.

b.

An applicant or a person residing with the applicant has been denied a permit to operate a sexually oriented business within the City within the preceding twelve (12) months, or the applicant is residing with a person whose permit to operate a sexually oriented business within the City has been revoked within the preceding twelve (12) months.

c.

An applicant has failed to provide required information in the application or has provided false or misleading information in the application.

d.

The premises to be used for the sexually oriented business have not been approved as being in compliance with zoning, health, fire and building codes by the department or agency responsible under law for investigating said compliance. If a variance from such codes is permitted by the Tustin City Code, the applicant shall be permitted to apply for a variance and if the variance is granted, the applicant may reapply for the sexually oriented business permit. If the variance request is approved, the application fee shall be waived or reduced by the Community Development Director or designee, if no further or minimal investigation is required. All application information shall be updated by the applicant.

e.

The application or permit fees required by this Chapter have not been paid.

f.

An applicant of the proposed business is in violation of, or is not in compliance with, any of the provisions of this Chapter including but not limited to the zoning locational requirements for a sexually oriented business under Sections 3911, 3913 and 3914.

g.

The granting of the application would violate a statute, ordinance or court order.

h.

The applicant has a permit under this Chapter which has been suspended or revoked.

i.

An applicant has been convicted of a "specified criminal" act for which:

1.

Less than two (2) years have elapsed since the date of conviction, or the date of release from confinement, whichever is the later date, if the conviction is a misdemeanor offense to a "specified criminal act".

2.

Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense for a "specified criminal act."

3.

Less than five (5) years have elapsed since the date of conviction(s) or the date of release from confinement, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses for "specified criminal acts".

4.

The fact that a conviction is being appealed shall have no effect on disqualification of the applicant;

5.

An applicant who has been convicted of "specified criminal acts" within the above-described time periods may qualify and apply for a sexually oriented business permit when the time period(s) has elapsed.

j.

An applicant knowingly has in his or her employ, an employee who does not have a valid license as required in Section 3926.

(2)

If the Community Development Director or designee, denies the application, the Director shall notify the applicant in writing of the denial and state the reason(s) for the denial. The applicant shall have the right to appeal in accordance with Section 3924. Pending a final decision on the appeal, the applicant shall not have the right to operate or establish a sexually oriented business in the City.

(3)

If a person applies for a permit for a particular location within a period of twelve (12) months from the date of denial of a previous application for a permit at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied. (Ord. No. 1204, Sec. 10, 10-5-98; Ord. No. 1231, Sec. 2, 10-16-00)