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If the respondent fails to file a notice of defense or fails to appear at the hearing, the Board may take action based upon the respondent’s express admissions or upon other evidence, and affidavits may be used as evidence without any notice to respondent; and where the burden of proof is on the respondent to establish that the respondent is entitled to the Board action sought, the Board may act without taking evidence. Nothing herein shall be construed to deprive the respondent of the right to make any showing by way of mitigation. (Amended by Ord. No. 158,410, Eff. 11/27/83.)
The Board may order a reconsideration of all or part of the case on its own motion or on petition of any party. The power to order a reconsideration shall expire 15 days after the delivery or mailing of a decision to respondent, or on the date set by the Board as the effective date of the decision if such date occurs prior to the expiration of the 15-day period. If no action is taken on a petition within the time allowed for ordering reconsideration the petition shall be deemed denied.
(a) Procedure on Reconsideration. The case may be reconsidered by the Board on all the pertinent parts of the record and such additional evidence and argument as may be permitted, or may be assigned to a hearing examiner. A reconsideration assigned to a hearing examiner shall be subject to the procedure provided in Sec. 102.13. If oral evidence is introduced before the Board, no Board member may vote unless the Board member heard the evidence or has read the transcript of the proceedings held in that Board member’s absence.
(Amended by Ord. No. 157,033, Eff. 9/27/82.)
(a) Request for Record. A party to any proceedings under this article who is seeking review of Board action, either before the Board or in a court of law, may file a request for a complete record or designated portions of the records of proceedings. The complete record or portions thereof shall be prepared by the Board and shall be delivered to such party within 30 days after such request. The request shall be accompanied by a deposit to cover the expense of preparation and certification thereof.
(b) Preparation of Transcript. In the event any proceedings under this article is reported by City personnel a transcript of such proceeding may be obtained by any party or any interested person. The cost for such transcript shall be $5.50 per page or fraction thereof for the first copy thereof. As used herein the term “interested person” means a person, though not a party, as determined by the Board to have a special interest in a proceeding and to be privileged to appear therein. No person shall be deemed to be an interested person unless recognized as such by the Board.
Notwithstanding any other provisions of this article, the Board may enter into a stipulated settlement with a permittee served with an accusation as provided in Section 102.04 of this article. Such stipulation shall include an express waiver of the permittee’s hearing rights and a concise statement of the penalty to be imposed for the alleged misconduct. After the permittee or the permittee’s legal representative has agreed to and signed the stipulated settlement, it shall be presented to the Board for approval. If the Board approves, the penalty shall immediately take effect and no further proceedings otherwise required by the provisions of this article shall be deemed necessary. If the proposed settlement is disapproved by the Board, the permittee shall be so notified and shall at the same time be notified as to a hearing date pursuant to the provisions of Section 102.05 and 102.07 of this Code. (Added by Ord. No. 152,042, Eff. 4/14/79.)
The provisions of this article, insofar as they are substantially the same as existing ordinance relating to the same subject matter, shall be construed as restatements and continuations and not a new enactments.
The provisions of this article shall apply to regulate and control all permits heretofore or hereafter issued by the Board of Police Commissioners. Additional requirements may be imposed by law or by rules and regulations of the Board.
(Amended by Ord. No. 175,676, Eff. 1/11/04.)
Applicant means a person who files an application for a permit from the Board.
Board means the Board of Police Commissioners or the Police Permit Review Panel if the Board delegates the authority to the Panel pursuant to Section 102.13.01(d).
Business means any occupation, trade, establishment or concern, regardless of form, which provides services, products or entertainment for which a permit is required under this article, whether or not a permit has been granted, sought, applied for, denied, revoked or suspended.
Department means the Los Angeles Police Department. (Added by Ord. No. 181,776, Eff. 8/22/11.)
Director of Finance means the Director of Finance for the City of Los Angeles, or the Director’s deputy.
Employee means any and all persons, including operators, managers, entertainers, and independent contractors who work in or at or render any services directly related to the operation of the business, whether or not the person is paid compensation by the business. This definition does not apply to persons incidentally involved with the business, such as persons delivering goods, food and beverages, or performing maintenance or repairs to the business premises.
Entertainer means any person who performs specified sexual activities or displays specified anatomical parts in a business.
Executive Director means the Executive Director of the Board of Police Commissioners. (Added by Ord. No. 181,776, Eff. 8/22/11.)
Hearing Examiner means any person appointed by the Board to conduct hearings provided by this article.
Manager means any person appointed by an owner, operator or permittee of a business, who manages, directs, administers, or is in charge of the affairs and/or the conduct or operation of a business. This definition includes assistant managers.
Owner means (1) a sole proprietor or person(s) who own or operate a business; (2) all general partners of a partnership that owns or operates a business; (3) all officers of a corporation and all persons who own a controlling interest in a corporation or other limited liability entity that operates a business.
Patron means any individual, other than an employee, present in or at the business premises at any time during the hours of operation. This definition does not apply to persons incidentally involved with the business, such as persons delivering goods, food and beverages, or performing maintenance or repairs to the business premises.
Permittee means any person having a valid permit issued by the Board as required by the Los Angeles Municipal Code.
Premises means the building and real property occupied or used in the operation of the business, or the space in the building occupied by the business if the business does not utilize the entire building in the operation of the business.
Sexually oriented material means any element of sexually oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, compact disc, or other written, oral or visual representation, which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.
Sexually oriented merchandise means sexually oriented implements and paraphernalia, such as, but not limited to condoms, lap dance bags, benwa balls, dildos, auto sucks, sexually oriented vibrators, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices that are designed or marketed primarily for the stimulation of or use with the stimulation of human genital organs or for sadomasochistic activity.
Specified anatomical parts means:
1. Less than completely and opaquely covered human genitals, pubic hair, buttocks, natal cleft, perineum, anus, anal region, pubic region, or female breast below a point immediately below the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities means:
1. Actual or simulated: sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, masturbation, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship; or any of the following depicted sexually oriented acts or conduct, whether actual or simulated: anilingus, buggery, coprophilia, coprophagy, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, sapphism, urophilia, zooerastia, zoophilia; or
2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
3. Use of human or animal ejaculation; or
4. Fondling or touching of nude human genitals, pubic region, buttocks, natal cleft, anal region, anus, or female breast; or
5. Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or
6. Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being; or
7. The presence of any person who performs a striptease, or appears in attire where specified anatomical parts are either not opaquely covered or minimally covered with bikinis, lingerie, or devices commonly referred to as pasties and G-strings, or any other similar opaque covering.
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