§ 10-6-3 PERMITS REQUIRED.

   (A)   Adult business regulatory permit. It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, the operation of an adult entertainment business unless the person first obtains and continues to maintain in full force and effect a permit from the city as herein required.

   (B)   Adult entertainment business performer permit. It shall be unlawful for any person to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult entertainment business unless the person first obtains and continues in full force and effect a permit from the city as herein required.

   (C)   Escort permit; figure model permit. It shall be unlawful for any person to act as an escort, figure model or to take any other position of employment with an escort bureau or modeling studio in the city unless the person first obtains and continues to maintain in full force and effect a permit from the city as herein required.

(Ord. 493, passed 4-18-2000)

§ 10-6-4 ADULT ENTERTAINMENT BUSINESS REGULATORY PERMIT REQUIRED.

   Every person who proposes to maintain, operate or conduct an adult entertainment business in the city shall file an application with the Police Chief upon a form provided by the city and shall pay a filing fee, as established by resolution adopted by the City Council from time to time, which shall not be refundable.

(Ord. 493, passed 4-18-2000)

§ 10-6-5 APPLICATIONS.

   (A)   Adult entertainment business regulatory permits are nontransferable, except in accordance with § 10-6-8 of this chapter. Therefore, all applications shall include the following information:

      1.   If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address and submit satisfactory written proof that he or she is at least 18 years of age;

      2.   If the applicant is a partnership, the partners shall state the partnership’s complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any;

      3.   If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process;

      4.   If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a 10% or greater interest in the business entity shall sign the application;

      5.   If the applicant intends to operate the adult entertainment business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult business and show proof of registration of the fictitious name;

      6.   A description of the type of adult entertainment business for which the permit is requested and the proposed address where the adult business will operate, plus the names and addresses of the owners and lessors of the adult entertainment business site;

      7.   The address to which notice of action on the application is to be mailed;

      8.   The names of all employees required by § 10-6-9 of this chapter, to obtain an adult entertainment business performer license. (For ongoing reporting requirements, see § 10-6-9 of this chapter.);

      9.   A sketch or diagram showing the interior configuration of the premises, including a statement of total floor area occupied by the adult entertainment business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches;

      10.   A certificate and straight line drawing prepared within 30 days prior to application depicting the building and the portion thereof to be occupied by the adult entertainment business, and:

         (a)   The property line of any other adult entertainment business within 1,000 feet of the primary entrance of the adult entertainment business for which a permit is requested; and

         (b)   The property lines of any church, school, park, residential zone or use within 1,000 feet of the primary entrance of the adult entertainment business.

      11.   A diagram of the off-street parking areas and premises entries of the adult entertainment business showing the location of the lighting system required by § 10-6-18(C) of this chapter.

   (B)   If the Police Chief determines that the applicant has completed the application improperly, the Police Chief shall promptly notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of ten days or less to complete the application properly. In addition, the applicant may request an extension, not to exceed ten days, of the time for the Police Chief to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.

   (C)   The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining an adult entertainment business regulatory permit.

(Ord. 493, passed 4-18-2000)