§ 5.66.080. Issuance of permit.

The City Manager shall issue permit if he or she finds:

A.

That the operation of the motion picture theater by the applicant will be carried on in a building, structure, and location which complies with and meets all of the health, zoning, fire and safety requirements and standards of the laws of the state of California and ordinances of the city applicable to such business operation;

B.

That the applicant, his or her employee, agent or manager has not allowed or permitted any of the following acts to be committed within any portion of the premises in question open to public view: masturbation, indecent exposure as defined in Section 314(1) of the State Penal Code, oral intercourse, sodomy, sexual intercourse, prostitution, solicitation for prostitution, as defined in Section 647(b) of the State Penal Code, or disorderly conduct, as defined in Section 647(a) of said Code;

C.

That the applicant, his or her employee, agent, or any person connected or associated with applicant as partner, director, officer, stockholder, associate, or manager, has not knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit, or in any report or record to be filed with the City Clerk;

D.

That the applicant has not had a similar type of permit previously revoked for good cause or, if such were the case, he has shown material change in circumstances, within a period of one year from the date of revocation.

(Prior code § 3-16.08)