§ 4-1.411. Receipt of Application, Notice of Deficiency; Investigation.

(a)

Upon receipt of an application for an entertainment establishment or special event permit, the Permit Administrator shall review the application to ensure all the required information has been submitted. In the event that the Permit Administrator's review identifies missing information, a notice of deficiency shall be sent to the applicant setting forth the required information along with a response date. The notice of deficiency shall be sent out within ten (10) calendar days of receipt of the application.

(b)

The Permit Administrator shall investigate each application for a permit under this article by distributing the completed application to the City departments for review and comment. The departments shall provide any comments or recommendations to the Permit Administrator within thirty (30) calendar days after distribution to them, as required by the Permit Administrator.

(c)

At the time of filing an application, the applicant shall notify the Entertainment Commission of any outstanding requests for permits or approvals from other City departments relating to the premises of the proposed entertainment establishment. The Entertainment Commission shall notify those departments of the filing of the application. Those departments shall complete all necessary inspections and report their determinations to the Entertainment Commission within twenty (20) calendar days of the filing of the application.

(d)

Thereafter, the Permit Administrator shall make a recommendation to the Entertainment Commission as to whether to grant or deny said permit. The Permit Administrator shall recommend the conditions, if any, to be imposed on permits granted in accordance with department recommendations. Applications for which permits are denied shall be returned to the applicant with a statement of the reason or reasons for denial.

(e)

The Permit Administrator shall recommend the issuance of the entertainment establishment or special event permit if he or she finds:

(1)

That issuance of the permit and conduct of the entertainment at the proposed location, as conditioned, is consistent with federal, state and local laws, rules, regulations and any existing special permit(s); and

(2)

That issuance of the permit at the proposed location, as conditioned, will not constitute an undue burden on the neighborhood because of its proximity to residences, inadequate parking or other neighborhood circumstances and will not interfere with the reasonable use and enjoyment of the neighborhood by its residents; and

(3)

Neither the applicant or any responsible person or principal of the applicant has, within the past five (5) years, been convicted of a felony or other crime of moral turpitude that is substantially related to the qualifications, functions or duties of a proprietor of premises upon which the entertainment activities are conducted; and

(4)

Neither the applicant, any responsible person, nor a principal of the applicant has a history of committing, permitting or failing to prevent significant violations of the Modesto Municipal Code, or any license or permit, in connection with an entertainment establishment for which he or she was a responsible person; and

(5)

It does not appear, based upon the information before the Permit Administrator, that the applicant has provided false or misleading material information on the application.

(Ord. 3492-C.S., § 1, effective 8-1-08)