A. An applicant for an erotic entertainer identification card shall provide the following information to the City Clerk on a form, or in a form, approved by the City Clerk:

B. The City Clerk shall approve or deny the application no later than four City working hours after receipt of the application, or the application will be deemed denied.

C. The application shall be approved if the applicant has:

D. The application shall be denied if the applicant has:

E. If the application is denied, or is deemed denied, and the applicant is physically present at the Office of the City Clerk, the City Clerk shall hand-deliver the applicant the notice of denial, which shall state the reasons for denial. If the application is denied, and the applicant is no longer present in the Office of the City Clerk, the applicant shall be mailed the notice of denial, which shall state the reasons for denial, by certified mail to the applicant’s address of record, within one City working day of the date of denial. Service by mail is complete upon mailing. Within ten calendar days after service of the notice of denial, or within ten calendar days after the application has been deemed denied pursuant to subsection B, the applicant may file a request for hearing in the Office of the City Clerk stating the reasons why the application should not have been denied and providing an address at which the applicant may be served by mail. If the applicant fails to provide a request for hearing as permitted by this subsection, a final notice of application denial shall be issued by the City Clerk and no further action on the application on the part of the City Clerk shall be required. Within ten City working days after service of a request for hearing on the City, the City Clerk shall either issue the identification card to the applicant or shall schedule a hearing before the License Appeal Board and shall send notification to the applicant in writing by certified mail of the date, time and place of the hearing. If, upon receipt of a timely request for hearing, the City Clerk fails to send a timely notification either withdrawing the notice of denial or scheduling a hearing, the notice of denial shall be deemed withdrawn. The hearing, if requested, shall be scheduled not less than twenty nor more than forty-five calendar days after receipt by the City Clerk of the request for hearing. If the applicant requests a hearing, either the City Clerk or the License Appeal Board may continue the hearing on the request of the applicant for good cause shown. The License Appeal Board or the City may condition the grant of a continuance on the applicant’s waiver of the time deadline for holding the hearing established by this subsection. The hearing shall be conducted in an informal manner. The applicant may be represented by counsel. The technical rules of evidence shall not apply, provided that the decision of the License Appeal Board shall in all cases be based upon substantial and reliable evidence. Review shall be de novo and the burden of proof at the hearing shall be on the City. The License Appeal Board shall render a written decision either sustaining or overturning the decision to deny the application within five City working days after completion of the hearing and shall either hand-deliver a copy of the decision to the applicant or mail a copy of the decision to the applicant by certified mail to the applicant’s address of record. If more than sixty days elapse between the receipt by the City of a request for hearing and the mailing or hand-delivery by the License Appeal Board of a final decision to the applicant, a decision in favor of the applicant shall be deemed to have been rendered. The decision of the License Appeal Board shall be final upon hand-delivery or, if mailed, at the end of five calendar days after mailing, and shall constitute final administrative action.

F. When the decision to deny the license application becomes final, the applicant shall have the right to seek judicial review of the decision by way of special action or other available remedy in the Superior Court. If the applicant files an action in the Superior Court challenging the license application denial within fourteen calendar days after the License Appeal Board decision has become final, and serves the complaint on the City within that same fourteen-day time period, and the Superior Court fails to issue a decision on the merits of the complaint within sixty calendar days after service of the complaint on the City, the City shall issue the applicant a provisional identification card within one City working day after the expiration of the sixty-day time period. The sixty-day rule of this subsection shall apply only to a challenge, or to that part of a challenge, to the denial of the application that relates specifically to the decision to deny the application and not to the constitutionality of the ordinance itself. The right of a person to work pursuant to a provisional identification card issued pursuant to this subsection shall expire as provided by the City Clerk but shall be reissued as necessary to the card holder without cost if a decision has not been rendered by the Superior Court prior to its expiration.

G. A person to whom a provisional identification card has been issued pursuant to this section shall notify the City Clerk in writing, on a form prescribed by the City Clerk for that purpose, within one City working day of employment or termination, of each topless bar or adult cabaret by name and address at which that person has been employed or terminated since the date of application. The notification requirement of this subsection shall terminate upon the actual issuance, if any, of an identification card.

H. The identification card issued by the City pursuant to this section shall state on its face the name of the erotic entertainer, his or her physical description and date of birth, the card (license) number and expiration date. The card shall contain a photograph of the card holder. (Ord. No. G-4621, § 1, 2004; Ord. No. G-4740, § 1, 2005; Ord. No. G-5224, §§ 1, 2, 2008; Ord. No. G-5531, § 3, 2010)