§ 5-9.212. Issuance and Denial of Permits.

(a)

The Police Chief or his authorized representative shall have thirty (30) days from the date the application is accepted as complete in which to investigate the application and background of the applicant. Upon completion of the investigation, the Police Chief or his designated representative shall approve or deny the permit. The Police Chief may refuse to issue permit for "escort" or "figure model" for any of the following reasons, which reasons will be set forth fully in writing and delivered to the applicant:

(1)

The applicant has been convicted of any of the offenses enumerated in the paragraphs (c)(5) and (6) of Section 5-9.211, or convicted of an offense outside the State of California that would have constituted any of the described offenses if committed within the State of California. A permit may be issued to any person convicted of any of the crimes described if such conviction occurred more than five (5) years prior to the date of the application.

(2)

The applicant has been licensed or registered in any state as a prostitute.

(3)

Any false statements made in the initial application for "escort" or "figure model" permit.

(4)

That the applicant has had an "escort" or "figure model" permit denied or revoked for cause by this City within the last five (5) years.

(5)

That the applicant is not at least eighteen (18) years of age.

(6)

That the applicant has not paid the required fee to the City of Modesto Finance Department.

(b)

Any refusal to issue a permit pursuant to this section or the suspension, or revocation of a permit under the provisions of Section 5-9.213 is appealable to the City Council in accordance with the provisions of Chapter 4 of Title 1 of Modesto Municipal Code. After the denial of any such appeal, the applicant may seek prompt judicial review of such administrative action in any court of competent jurisdiction pursuant to California Code of Civil Procedure Section 1094.5. The court shall promptly review the action taken by the City Council.

(Added by Ord. 2953-C.S., § 3, effective 11-2-95)