A.

Decisions to approve or deny a zone clearance for an adult entertainment business shall be made by the Director without a public hearing. The Director shall, within thirty (30) City business days of the filing of an application, approve and issue the zone clearance if there are no grounds for denial; otherwise the zone clearance shall be denied. Notice of the approval or denial of the zone clearance shall be given to the applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service on the date of such decision. If the application is denied, the Director shall attach to the notice a statement of the reasons for the denial. The times set forth in this Section shall not be extended except upon written consent of the applicant.

B.

If the Director determines that the applicant has failed to complete the application, then the Director shall promptly notify the applicant of such fact and, upon request of the applicant, shall return the application. As a courtesy to the applicant, upon request of the applicant, the Director shall grant the applicant an extension of time of ten (10) calendar days to complete the application. The time period for granting or denying the requested permit shall be stayed during the period in which the applicant is granted an extension of time. Unless the applicant requests an extension of time pursuant to this subsection, nothing in this subsection shall be construed to relieve the Director of the duty to make a decision within the time limits set forth in subsection (A) of this Section.

C.

The following circumstances constitute grounds for denial of a zone clearance for an adult entertainment business:

1.

The applicant has failed to complete the application;

2.

The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application or in any report or document required to be filed with the application;

3.

The applicant is under eighteen (18) years of age;

4.

The proposed business does comply with the location restrictions of this Article;

5.

The applicant proposes to conduct more than one type of adult entertainment business, as such types are defined in this Article, within a single building, structure or facility;

6.

The applicant has had an adult entertainment regulatory permit revoked by the City within the previous twelve (12) month period.

(Ord. No. 166-00, Enacted, 9/27/00)

A.

Any interested person may appeal the Director's issuance or denial of a zone clearance for an adult entertainment business to the Hearing Officer in accordance with the provisions of this Section. For purposes of this Section, "Hearing Officer" means the City Manager or the City Manager's designee.

B.

A written appeal must be filed with the City Clerk within ten (10) calendar days after the decision of the Director; provided, however, that if the ten (10) days expires on a date that the City is not open for business, then the appeal period shall be extended to the next City business day. Failure to file a timely appeal petition deprives the Hearing Officer of jurisdiction to hear the appeal.

C.

The appeal must indicate in what way the appellant contends the Director's decision was an abuse of discretion or must provide extenuating circumstances that the appellant contends would justify reversal or modification of the Director's decision.

D.

The Hearing Officer shall conduct a hearing and take the matter under submission for decision no later than thirty (30) City business days following the timely filing of an appeal, unless the applicant and appellant (if different than the applicant) consent in writing to an extension. At least ten (10) calendar days prior to such hearing, written notice thereof shall be mailed to the applicant and appellant (if different than the applicant) by U.S. mail with a proof of service attached.

E.

Hearings shall be conducted in accordance with procedures established by the Hearing Officer. All parties involved shall have a right to: (1) offer testimonial and documentary evidence bearing on the issues; (2) be represented by counsel; and (3) confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this subsection may be continued for a reasonable time for the convenience of a party or a witness.

F.

Unless otherwise specifically provided bylaw, in any hearing under this Section the burden is on the appellant to prove that the determination of the Director that is being appealed is an abuse of discretion or is unreasonable due to extenuating circumstances.

G.

The Hearing Officer shall, within forty-five (45) City business days from the filing of the appeal, render a written decision supported by findings. The time period set forth in this Section shall not be extended except upon written consent of the appellant and the applicant (if different than the appellant). The decision of the Hearing Officer shall be final. On the date of the Hearing Officer's decision, notice of the decision and a copy thereof shall be mailed by first-class mail, postage prepaid, to the appellant and the applicant (if different than the appellant). Such notice shall contain the substance of the following statement: "You are hereby notified that the time within which judicial review of this decision may be sought is governed by California Code of Civil Procedure Section 1094.8."

H.

The appellant may seek judicial review of the Hearing Officer's decision in accordance with Section 1.4.010 of this Code or as otherwise permitted by law.

(Ord. No. 166-00, Enacted, 9/27/00)