San Jose |
Code of Ordinances |
Title 6. BUSINESS LICENSES AND REGULATIONS |
Chapter 6.58. PUBLIC DANCEHALLS |
§ 6.58.070. Permit - Grounds for denial.
A.
Upon receipt of an application for a permit under this chapter, the chief of police shall investigate the facts connected with the application, inspect the premises for which the permit is sought, and shall deny the application if:
1.
a.
The applicant has been convicted of a misdemeanor within four years of the date of the application, if the misdemeanor is substantially related to the qualifications, functions or duties of the business, profession or trade for which the permit is to be issued; or
b.
The applicant has been convicted of a felony, if the felony is substantially related to the qualifications, functions or duties of the business, profession or trade for which the permit is to be issued; or
2.
The applicant has committed any act involving dishonesty, fraud or deceit with intent to substantially benefit the applicant or another, or substantially injure another; or
3.
The applicant has knowingly made a false statement, or concealed a material fact required to be revealed, in an application for the permit, or otherwise committed any fraud in the application or in any amendment or report required to be made under this chapter; or
4.
The premises with respect to which the permit is to be issued do not comply with the provisions of this chapter; or
5.
The conducting of a public dance in the premises for which a permit is sought will be injurious to the public health, safety, welfare or morals. The chief of police shall take into consideration the proximity of the premises for which a permit is sought to schools, residences and other structures, and whether the occupants and uses of neighboring premises may be disturbed or injuriously affected by the conduct of a dance upon said premises; or
6.
The applicant has had a permit under the provisions of this chapter revoked within the four years immediately preceding the date of application; or
7.
The premises for which such permit is sought, or the proposed conducting of a public dance, violates any building, zoning, health, safety, fire, or other provision of this Code, or any law of the state of California or of the United States; or
8.
Within the year immediately preceding the date of application, the applicant has had a permit application for the same premises denied within the previous year from the date of application on grounds stated in any of the above subsections, except that a permit may be granted to an applicant whose previous application was denied pursuant to subsection 6. above, if the conditions giving rise to the violations of law used as the basis for the prior denial have been corrected.
B.
The chief of police shall approve the application and issue the permit unless the chief of police denies the application based upon one or more of the grounds listed in subsection A.
(Prior code § 6703.6; Ords. 21409, 24048.)