§ 6-14.05. Permit required.

(a)

No person shall produce an adult film in the City without first obtaining a permit pursuant to this section.

(b)

The Director shall issue a permit under this section within two business days of receipt of a completed application on a form he or she designates for that purpose unless he or she determines on the basis of substantial evidence that one or more of the following is true:

(1)

The applicant failed to provide the information requested on the application form or the information provided is false or intentionally misleading;

(2)

The applicant failed to pay any fee lawfully established by the City for the issuance of such permits;

(3)

The applicant failed to acknowledge receipt of a copy of this chapter (which the Director shall provide) by signing where indicated on the application form or otherwise; and/or

(4)

The information provided on the application demonstrates that the activity for which the permit is requested would violate this code or other applicable law without respect to the content of the adult film to be produced.

(c)

The application form designated by the Director shall be effective when notice of its content is given in the manner required for ordinances of the City and shall not require information not reasonably calculated to demonstrate notice of and compliance with the requirements of this chapter and other provisions of this code. In particular, the application form shall not inquire into the substantive content of an adult film other than as reasonably necessary to accomplish the objectives of this chapter.

(d)

If the Director denies a permit pursuant to paragraph (b) of this section, he or she shall give the applicant written notice of that denial and the reason(s) for it within two (2) business days of his or her receipt of an application. A writing directed to the applicant by any means possible in light of the information provided by the applicant, including personal delivery, mail, telecopier or facsimile, email, or other means likely to achieve actual notice, shall be sufficient.

(e)

Denial of a permit under this section shall be subject to judicial review pursuant to Code of Civil Procedure Section 1094.8 as it now exists or may hereafter be amended.

(§ 2, Ord. No. 1190, eff. May 24, 2012)