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HomeMy WebLinkAboutNS-1545ORDINANCE NO. NS-1545 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 12-25, 12-26, 12-28 AND 12-29 OF THE SANTA ANA MUNICIPAL CODE RELATING TO PEEP SHOWS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 12-25 of the Santa Ana Municipal Code is hereby amended to read as follows: SECTION 12~25. PERMIT FEE. Every person owning or operating a peep show device shall pay a fee for each such device as established by resolution of the City Council. Any person applying for a permit for a period of less than six (6) months shall pay a prorated fee. SECTION 2: That section 12-26 of the Santa Ana Municipal Code is hereby amended to read as follows: SECTION 12-26. APPLICATIONS FOR PERMIT; INVESTIGATION FEE. Ail applications for a permit, or for the renewal of a permit, shall be accompanied by an investigation fee as established by resolution of the City Council. In the event the permit is granted or renewed, the sum shall be applied to the permit fee as described in section 12-25. In the event such permit is denied, said application fee shall be and become the property of the City of Santa Ana. SECTION 3: That section 12-28 of the Santa Ana Municipal Code is hereby amended to read as follows: SECTION 12-28. ISSUANCE OR DENIAL OF PERMIT. If the City Manager finds that the applicant will be in compliance with the requirements described in section 12-27 the permit shall be granted or renewed. Any application for permit or for the renewal of a permit may be denied if the City Manager finds that the applicant will not be in compliance with the requirements described in section 12-27. The City Manager shall file a report of the approval or denial of the application with the finance department within thirty (30) days from and after the receipt of said application. If the applica- tion for permit or for the renewal of a permit is denied, the reasons for denial shall be set forth in writing and be personally delivered or sent to the applicant by means of registered mail. SECTION 4: That section 12-29 of the Santa Ana Municipal Code is hereby amended to read as follows: SECTION 12-29. SUSPENSION OR REVOCATION OF PERMIT. Any permit issued hereunder may be suspended or revoked if the City Manager finds that: (a) The permittee knowingly made a material misstatement in the application for the permit or for the renewal of a permit; or (b) The permittee violated any one of the requirements as ORDINANCE NO. NS-1545 PAGE TWO set forth in this Code, which defines building, fire, electrical, plumbing or health standards; or (c) The operation pursuant to the permit will not be in compliance with all applicable laws. In the event that a permit is suspended or revoked, the notification of suspension or revocation, as well as the reasons therefor , shall be set forth in writing and be -persoRally delivered or sent to the permittee by means of registered mail. SECTION 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordin- ance. The City Council of the City of Santa Ana hereby de- clares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portions thereof, irrespective of the fact that any one or more sec- tions, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 6: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which viola- tions were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED, this 6th day of 0ct0ber 1980, by the following vote: AYES: NOES: COUNCIZ~EN: Bricken, Luxembour§er, Markel, Serrato, Ward, Yamamoto COUNCILMEN: None ABSENT: COUNCILMEN: Griset ATTEST: ~YOR EDWARD J. QOOP~ City Attorney