5.20.180 Application – Approval or denial – Notice.
(1) The City Manager or his designee shall, within seven days after completion of the investigation of an adult entertainment facility business license, but in no event no more than 37 days from the date of receipt of the application, issue an adult entertainment facility business license if the City Manager or his designee finds:
(a) That the adult entertainment facility for which a license is required will be conducted in a building, structure and location which complies with the requirements and meets the standards of the applicable health, zoning, building, fire, business licensing and safety laws of the City, as well as the requirements of this chapter.
(b) That the applicant, or any of its general partners, corporate officers or directors, employees, agents, or managers, has not made any false, misleading or fraudulent statement of material fact in the application for any licensee or in any report or record required to be filed with the City; and
(c) That the applicant and all or any of its general partners, corporate officers or directors, employees, agents, or managers of the applicant, have attained the age of 18 years.
(2) The City Manager or his designee shall, within five working days after the receipt of an application for an adult entertainment facility manager’s license, adult waitperson’s license or an adult entertainer’s license, issue a temporary license pending the completion of an investigation.
(3) The City Manager or his designee shall, within seven days after completion of the investigation of an adult entertainment facility manager’s license, adult waitperson’s license or adult entertainer’s license, but not more than 37 days from the date of receipt of the application, issue a license if the City Manager or his designee finds:
(a) That the applicant has not made any false, misleading or fraudulent statement of material fact in the application for any license, or in any report or record required to be filed with the City; or
(b) That the applicant has attained the age of 18 years.
(4) When a license is issued or denied by the City Manager or his designee it shall be mailed to the applicant, postage prepaid, to the address shown on the license application.
(5) Within 10 days of receiving a timely appeal, the City Manager or his designee shall forward the administrative record of the licensing decision to the City Clerk.
(6) When an applicant has timely appealed the City Manager’s or his designee’s licensing decision, the City Council shall review the administrative record at the next regularly scheduled meeting for which proper notice can be given. Written notice of the date and time of the scheduled meeting will be given to the applicant by the City Clerk by mailing the same, postage prepaid, to the applicant at the address shown on the license application.
(7) The applicant and City Manager or his designee shall be given an opportunity to argue the merits of the appeal before the City Council. Oral argument by each part shall not exceed 10 minutes and shall be limited to the administrative record before the Council. New evidence shall not be presented by the parties or accepted by the City Council.
(8) The City Council shall uphold the City Manager’s or his designee’s decision unless it finds the decision is not supported by substantial evidence in the administrative record. The applicant shall bear the burden of proof.
(9) The City Council shall issue a written decision within 10 days of hearing the appeal. The Council may uphold the City Manager’s or his designee’s decision and deny the permit, overrule the City Manager’s or his designee’s decision and grant the permit, or remand the matter to the City Manager or his designee for further review and action. The City Manager or his designee shall complete further action or review within 30 days of receiving the remand.
(10) Either party may seek review of a final decision of the City Council by commencing an action for review pursuant to the general appeal period as set forth in Chapter 1.01 PMC. [Ord. 3877, 2008; Ord. 3560 § 25, 2002; Ord. 3262 § 3, 1997; Code 1970 § 5.27.180.]