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(A) No person shall engage in, or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult entertainment business, without a valid adult entertainment business performer permit issued by the city. All persons who have been issued an adult entertainment business regulatory permit shall promptly supplement the information provided as part of the application for the permit required by § 10-6-4 of this chapter, with the names of all performers required to obtain an adult entertainment business performer permit, within 30 days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the adult entertainment business regulatory permit.
(B) The Police Chief shall grant, deny and renew adult entertainment business employee permits.
(C) The application for a permit shall be made on a form provided by the Police Chief. An original and two copies of the completed and sworn permit application shall be filed with the Police Chief.
(D) The completed application shall contain the following information and be accompanied by the following documents:
1. The applicant’s legal name and any other names (including “stage names” and aliases) used by the applicant;
2. Age, date and place of birth;
3. Height, weight, hair and eye color;
4. Present residence address and telephone number;
5. Whether the applicant has ever been convicted of:
(a) Any of the offenses set forth in the Cal. Penal Code §§ 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d) as those sections now exist or may hereafter be amended or renumbered; or
(b) The equivalent of the aforesaid offenses outside the state.
6. Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection (D)6. has ever been registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the face of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered or authorized to engage in prostitution;
7. State driver’s license or identification number;
8. The applicant’s fingerprints on a form provided by the Police Department, and a photograph clearly showing the applicant’s face. Any fees for the photographs and fingerprints shall be paid by the applicant; and
9. If the application is made for the purpose of renewing a license to be renewed.
(E) The completed application shall be accompanied by a nonrefundable application fee. The amount of the fee shall be set by resolution of the City Council.
(F) Upon receipt of an application and payment of the application fees, the Police Chief shall immediately stamp the application as received and promptly investigate the application.
(G) 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 grant the applicant an extension of time of not more than ten days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten days, of the time for the City Manager 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.
(Ord. 493, passed 4-18-2000)
(A) Within five days after receipt of the properly completed application, the Police Chief shall grant or deny the application and so notify the applicant as follows.
1. The Police Chief shall write or stamp “granted” or “denied” on the application and date and sign such notation.
2. If the application is denied, the Police Chief shall attach to the application a statement of the reasons for denial.
3. If the application is granted, the Police Chief shall attach to the application an adult entertainment business employee permit.
4. The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the residence address stated in the application.
(B) The Police Chief shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in subsection (D) of this section.
(C) If the Police Chief grants the application or if the Police Chief neither grants nor denies the application within five days after it is stamped as received (except as provided in subsection 10-6-9(G) of this chapter), the applicant may begin performing in the capacity for which the license was sought.
(D) The Police Chief shall deny the application for any of the following reasons:
1. The applicant has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit or in any report or document required to be filed with the application;
2. The applicant is under 18 years of age;
3. The adult entertainment business employee permit is to be used for performing in a business prohibited by state or city law;
4. The applicant has been registered in any state as a prostitute; and
5. (a) The applicant has been convicted of any of the offenses enumerated in § 10-6-9(D)5. of this chapter or convicted of an offense outside of the state that would have constituted any of the described offenses if committed within the state.
(b) A permit may be issued to any person convicted of the described crimes if the conviction occurred more than five years prior to the date of the application.
(E) Each adult entertainment business performer permit shall expire one year from the date of issuance and may be renewed only by filing with the Police Chief a written request for renewal, accompanied by the application fee and a copy of the permit to be renewed.
1. The request for renewal shall be made at least 30 days before the expiration date of the permit. When made less than 30 days before the expiration date, the expiration date of the permit will not be stayed.
2. Applications for renewal shall be acted upon as provided for herein for applications for permits.
(Ord. 493, passed 4-18-2000)
An adult entertainment business regulatory permit or adult entertainment business employee permit may be suspended or revoked in accordance with the procedures and standards of this section.
(A) On determining that grounds for permit revocation exists the Police Chief shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least ten days prior to the hearing date. Hearing shall be conducted in accordance with procedures established by the Police Chief, but at a minimum shall include the following:
1. All parties involved shall have a right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross examine witnesses;
2. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs;
3. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness; and
4. The Police Chief’s decision may be appealed in accordance with § 10-6-12 of this chapter.
(B) A permittee may be subject to suspension or revocation of his or her permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder or manager of an adult entertainment business:
1. In the case of a permittee of an adult entertainment business regulatory permit only, the building, structure, equipment or location used by the adult entertainment business fails to comply with all applicable building, fire, electrical, plumbing, health and zoning requirements of this code, all applicable state and federal requirements of a similar nature which are customarily enforced by the city, and all provisions of these regulations and this code relating to adult entertainment businesses, including the adult entertainment business development and performance standards contained in section 10-6-18 of this chapter;
2. The permittee knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the city;
3. The permittee, employee, agent, partner, director, stockholder or manager of an adult entertainment business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult entertainment business, or in the case of an adult entertainment business performer, the permittee has engaged in one of the activities described below while on the premises of an adult entertainment business:
(a) Any act of unlawful sexual intercourse, sodomy, oral copulation or masturbation;
(b) Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation or masturbation openly occur;
(c) Any conduct constituting a criminal offense which requires registration under the Cal. Penal Code § 290;
(d) The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of the Cal. Penal Code §§ 315, 316, 318 or 647(b);
(e) Any act constituting a violation of provisions in the Cal. Penal Code relating to obscene matter or distribution of harmful matter to minors, including, but not limited to, Cal. Penal Code §§ 311 through 313.4; and
(f) Any conduct prohibited by this chapter.
4. Failure to abide by any disciplinary action previously imposed by an appropriate city official.
(C) After holding the hearing in accordance with the provisions of this section, if the Police Chief finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the Police Chief shall impose one of the following:
1. A warning;
2. Suspension of the permit for a specified period not to exceed six months; or
3. Revocation of the permit.
(Ord. 493, passed 4-18-2000)
After denial of an application for an adult entertainment business regulatory permit or an adult entertainment business performer permit, or after denial of renewal of a permit, or suspension or revocation of a permit, the applicant or person to whom the permit was granted may seek review of such administrative action by the City Council by filing a written appeal with the Police Chief within ten days of the mailing of the decision. The City Council shall hear the appeal at the next regularly scheduled meeting, at least seven days after filing of the appeal. If the denial, suspension or revocation is affirmed on review, the applicant, permittee may seek prompt judicial review of such administrative action pursuant to Cal. Code of Civil Procedure § 1094.5. The court shall promptly review the action taken by the City Council.
(Ord. 493, passed 4-18-2000)
(A) No person shall act as an escort unless an escort permit is first obtained.
(B) No person shall act as a figure model in a modeling studio unless a figure model permit is first obtained. The issuance of a business license shall not authorize acting as an escort or as a figure model in a modeling studio until the necessary regulatory permit has been lawfully granted.
(Ord. 493, passed 4-18-2000)
(A) An applicant for an escort or figure model permit shall make an application under penalty of perjury to the Police Chief or his or her authorized representative upon a form provided by the city. A nonrefundable fee, as established by resolution adopted by the City Council from time to time, shall be paid to the city to reimburse the city for the cost of the investigation. A copy of the receipt issued by the City Finance Department shall accompany the application. The permit fee required under this section is in addition to any other license or permit fee required by this code.
(B) The application for permit does not authorize the applicant to act as an escort or as a figure model until such permit has been granted.
(C) Every application submitted to the Police Chief shall include the following information:
1. The applicant’s full name, any other names used, date of birth, California driver’s license number or California identification number, Social Security number, present residence address, telephone number, sex, height, weight, color of hair and color of eyes;
2. Previous two residence addresses of the applicant and the inclusive dates at each address;
3. The applicant’s business, occupation and employment history for five years preceding the date of application and inclusive dates of same;
4. The permit history of the applicant; whether such person ever had any permit or license issued to him or her by any other public entity in this state; the date of issuance of any such permit or license, whether any such permit or license has ever been revoked or suspended; and if any such license or permit has been revoked or suspended, the reason therefor;
5. All convictions for any crimes involving conduct which requires registration under state law similar to, and including, Cal. Penal Code § 290, or of conduct which is a violation of the provisions of any state laws similar to and including Cal. Penal Code §§ 243.4, 261, 261.5, 262, 266a, 266b, 266c, 266d, 266e, 266f, 266g, 266h, 266i, 267, 309, 311.2, 311.3, 311.4, 311.5, 311.6, 311.10, 311.1, 313.1, 314, 315, 316, 318, 647(a), 647(b), 647(d), or 647.6;
6. Any felony offense involving the possession, possession for sale, sale, transportation, furnishing, giving away, of a controlled substance specified in the Cal. Health and Safety Code §§ 11054, 11055, 11056, 11057 or 11058, or as those sections may hereafter be amended or renumbered;
7. Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction. If any person mentioned in this subsection (C)7. has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered or authorized to engage in prostitution;
8. Acceptable written proof that the applicant is at least 18 years of age;
9. A complete set of fingerprints acceptable to the Police Chief;
10. The applicant shall make himself or herself available to the city’s Police Department in order to be photographed; and
11. Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application.
(Ord. 493, passed 4-18-2000)
(A) The Police Chief or his or her authorized representative shall have 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 or her designated representative shall approve or deny the permit. The Police Chief may refuse to issue a permit for escort or figure model for any of the following reasons, which reasons will be set forth fully in writing and delivered to applicant:
1. The applicant has been convicted of any of the offenses enumerated in § 10-6-14(C)5. and (C)6. of this chapter, or convicted of an offense outside the state that would have constituted any of the described offenses it committed within the state. A permit may be issued to any person convicted of any of the crimes described if such conviction occurred more than five 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 years;
5. That the applicant is not at least 18 years of age; and
6. That the applicant has not paid the required fee to the city’s 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 § 10-6-16 of this chapter is appealable to the City Council in accordance with the provisions of § 10-6-2 of this chapter. After denial of any such appeal, the applicant may seek prompt judicial review of such administrative action in any court of competent jurisdiction pursuant to Cal. Code of Civil Procedure § 1094.5.
(Ord. 493, passed 4-18-2000)
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