Loading...
(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.
Section
103.02 Permit Required.
103.02.1 Permit Applications.
103.03 Public Hearings.
103.04 False Statements.
103.05 Overlapping Business.
103.06 Permits – Duration.
103.06.1 Permits – Renewal.
103.06.2 Temporary Permits.
103.07 Permits – Annual Fee.
103.08 Permits Non-Transferable.
103.09 Permit for Each Location.
103.10 Change of Location.
103.11 Additional Locations.
(Amended by Ord. No. 177,412, Eff. 5/1/06.)
(a) Written Application Requirements. The owner of a business shall file an application for a permit with the Office of Finance. The application shall be in writing on forms provided, and shall be accompanied by the fee set forth in Section 103.12. The applicant shall provide all the information and documents requested on the application form, including fingerprints according to Department of Justice guidelines. In addition to the fee set forth in Section 103.12, each set of required fingerprints shall be accompanied by a fingerprint processing fee, which shall be equal to the fee charged by the State of California to the City of Los Angeles to process the fingerprints. Applications shall be signed under penalty of perjury by the applicant.
(b) Changes to Applicant Information. Any change to the applicant information that occurs while the application is pending shall be reported in writing within seven calendar days to the Board.
(c) Application Information to be Maintained Confidential. All information compiled pursuant to this section shall be held and maintained by the City as confidential, with the exception of the name of the applicant(s), business name, business address, and any other information that appears on the face of the permit.
(d) Duty to Submit Complete Application; Determination of Completeness. Upon submission of an application for a permit to be issued by the Board, the Office of Finance shall accept the application and indicate on the application the date and time the application was filed. If the Board determines that an application for a permit is not complete, the application shall be returned to the applicant without any further action of the Board. Incomplete applications for permits under Sections 103.102 and 103.109 shall be returned to the applicant within ten business days of the date the application was filed with the Office of Finance; all other incomplete applications shall be returned to the applicant within 30 business days of the date the application was filed with the Office of Finance. The returned application shall be accompanied by a written statement specifying all the reasons for its return. The applicant shall have 30 calendar days to submit additional information to render the application complete. Failure to do so within the 30 day period shall cause the application to be denied. If an amended application or supplemental information is submitted within the 30 day period, the Board shall again determine whether the application is complete in accordance with the procedures above.
The Board may require a public hearing prior to taking action on an application for a permit or a renewal thereof. The Board may require an applicant to cause to be published a notice of public hearing two times at intervals of not less than five days within the 21-day period following the filing of an application in a newspaper of general circulation in the district where the business is to be located or conducted. Furthermore the Board may give notice, by mail, as prescribed by the Board to all property owners within three hundred feet of the proposed business.
The Board shall cause to be posted a suitable public notice at the location where the business is to be conducted. The applicant shall bear all expense involved in mailing, printing, publishing and posting such notice. (Amended by Ord. No. 137,649, Eff. 1/6/69.)
(a) Notice – Contents. Such public notices shall conform to rules and regulations adopted by the Board and shall be designed to inform the public as to the nature of the business to be engaged in its location, the name or names of the applicant or applicants, the time of the public hearing and the right of persons objecting to be heard. (Amended by Ord. No. 134,317, Eff. 6/2/67.)
(b) Protests by Interested Persons. Any interested person may file written protests or objections any time before or at the hearing on such application, The Board shall give consideration to all such protests in reaching a decision on such application. (Amended by Ord. No. 134,317, Eff. 6/2/67.)
Loading...