§ 5.36.260. Application review process.

A.

Application Filing. All applications for permits issued pursuant to this chapter, including renewals, shall be filed in the Office of the City Administrator. The City Administrator shall receive any fee required for the application, ensure that the application is complete, and refer the application to the Chief of Police for investigation, review and recommendation.

B.

Procedures on Applications. Immediately on the filing of any application under this chapter, the City Administrator shall make a copy of such application available for public review and shall refer one copy to Chief of Police, who shall be the investigating official.

C.

Investigation. The City Administrator shall refer the application to the Chief of Police who shall conduct background investigations on all applicants requesting permits under this chapter. Where the applicant(s) is any type of association, partnership, corporation or other entity, background investigations of all publicly named or registered persons, officers, directors, managers and shareholders within those entities shall be conducted as appropriate. Where the application is for a massage establishment permit, background investigations of all nonmassage employees shall be conducted as appropriate. The applicant shall be fingerprinted and photographed and consideration shall be given to their criminal record, if any. For massage establishment permits, all owners shall be fingerprinted and photographed, consideration shall be given to their criminal record, if any, and to the character and business responsibility of the owner and all persons to be directly or indirectly interested in the permit if granted. After reviewing the information obtained, the Chief of Police shall transmit in writing any recommendation or findings from the investigation to the City Administrator and shall give particular consideration to the safety and general welfare of the public, and for massage establishment permits, shall make a determination whether operating the massage establishment would create an unreasonable risk to the health, safety, or general welfare of the public.

The City Administrator shall also refer the application to other city and county agencies as appropriate and warranted to ensure compliance with existing state, county and local laws.

D.

Hearing. A hearing date shall be set on the application not less than five days and no more than sixty (60) days from the date the application is filed. All persons interested in the application shall be entitled to file objections, protests or recommendations at the hearing. The City Administrator may continue the hearing over from time to time as circumstances may require.

E.

Personal Interview. The City Administrator may conduct a personal interview of an applicant to demonstrate and verify individual's qualifications. A written summary of the interview shall be prepared and included as part of the file or record for the application.

F.

Hearing Officer. The City Administrator may designate the power to hear, inquire and make recommendations on any permit issued pursuant to this chapter to a member of the City Administrator's staff. The person designated shall be deemed the "Hearing Officer." The City Administrator and the Hearing Officer shall not be bound by the common law or statutory rules of evidence and procedure, but any hearing or inquiry conducted shall be designed to best ascertain the substantial rights of the public parties and carry out the intent and provisions of this chapter. The informality of any proceeding, the manner of taking testimony and the admission of evidence into the record that is not admissible under the common law or statutory rules of evidence and procedure shall not invalidate any other decision, award or rule made pursuant to this chapter.

G.

Notice of Hearing. The City Administrator shall notify the applicant of the time and place of any hearing on the application at least five business days before the hearing. The City Administrator shall publish notice of the hearing in the official newspaper of the city at least five days before the bearing date, shall post a notice of the hearing on the bulletin board near the Council Chambers and, where applicable, post a notice of the hearing on the premises to be primarily affected by the granting of the permit. The notice shall set forth the fact that such application has been filed, the name of the applicant, the nature permit requested and the time and place of the application hearing.

H.

Written Decision. Any hearing on an application shall be recorded and following the hearing, within sixty (60) days of making a determination, the City Administrator shall provide the applicant with a written decision on the application.

I.

City Clerk to be Notified of Actions on Permits. The City Administrator shall notify the City Clerk of any action taken on a permit application under this chapter and shall make copies of all communications, findings and records that pertain to such applications and permits available for public review.

(Ord. 12675 § 4 (part), 2005)