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7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />C. A nonrefundable fee, in an amount determined by resolution of the City <br />Council, shall be filed upon submittal of a permit application or renewal application. <br />D. The Chief of Police, upon receipt of a written application for a permit or <br />renewal application, shall conduct an appropriate investigation to determine whether the permit <br />should be issued in accordance with the provisions of this chapter. The Chief of Police shall <br />consider any relevant factual material relating to such application, and shall issue a dance permit <br />as required by this chapter, upon his or her satisfaction that all applicable provisions of this <br />chapter have been or will be met. <br />E. Applicants applying for a renewal permit shall file a renewal application for <br />permit no later than thirty (30) days prior to the expiration of the current permit. <br />5.32.040 Permit--Granting—Renewing. <br />A. Prior to granting a permit or renewal application for permit , the Chief of <br />Police must first satisfy himself or herself that the conduct of the proposed dine and dance club, <br />nightclub, public dance, dance club or public dance hall will comport with the public welfare, and for <br />this purpose may consider any facts or evidence bearing on the place where the proposed dine and <br />dance club, nightclub, public dance, dance club or public dance hall is to be located, the character, <br />reputation and moral fitness of those who will be in charge of it, and any other facts or evidence <br />intended to enlighten the Chief of Police. The Chief of Police shall consider the following: <br />1. Whether the operation, as proposed by the applicant would comply <br />with all applicable laws, including, but not limited to, the City's building, fire, zoning and health <br />regulations; and <br />2. Whether the applicant, each person who has a financial interest in <br />the business, and each person who will be directly engaged in the management or operation of the <br />business: <br />a. Has not been convicted in a court of competent jurisdiction within <br />the past five (5) years of any of the following: fraudulent business <br />practices, selling or trafficking in stolen goods, illegal drug activity, <br />illegal gambling, prostitution, assault, battery, rape or other <br />criminal sexual assault, or lewd conduct. If the dine and dance club, <br />nightclub, public dance, dance club or public dance hall will be <br />patronized by minors, the above listed persons shall also not have beeh <br />convicted in a court of competent jurisdiction within the past five <br />(5) years of any of the following: child abuse, sexual misconduct with <br />a minor, or the illegal serving, providing or selling of alcoholic <br />beverages to underage persons; and <br />b. Is not required to register under Penal Code Section 290 or Health <br />& Safety Code Section 11590. <br />3. Whether the applicant has not knowingly made any false, misleading <br />or fraudulent statement of fact in the permit application process, or on any document required by <br />the city in conjunction with the application; and <br />4. Whether the location for which the permit is sought is suitable for <br />the type of operation proposed, and will not pose a nuisance to the neighborhood or disrupt the <br />peace and solitude of a residential area. <br />RVPUB\MXM\521810 <br />B. The Chief of Police shall render a decision on a written application for permit <br />-3- <br />