(Added by Ord. No. 121,058, Eff. 2/15/62.)
(a) Purpose. The purpose of this section is to provide for the regulation in accordance with the public interest of the operation within the City of studios as defined in this section, wherein bona fide artists and art students may practice and develop their talents in portraying the human form, subject to such controls as will prevent the operation of such studios as places which appeal primarily to the prurient interests of members of the public.
(b) Definitions. As used in this article, the following words shall mean:
1. “Studio.”
(i) Any premises on which there is conducted the business of furnishing models who pose for the purpose of being sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted in the nude by persons who pay a fee, or other consideration or compensation, or a gratuity, for the right or opportunity so to depict the model, or for admission to, or for permission to remain upon, or as a condition of remaining upon the premises.
(ii) Any premises where there is conducted the business of furnishing or providing or procuring for a fee or other consideration or compensation or gratuity, models to be sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted in the nude.
2. “Model.” Any person, male or female, who poses to be sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted.
3. “Nude” shall include:
(i) Completely without clothing.
(ii) With any pubic area exposed, or with the pubic area covered in such a manner that the private parts are visible or the form thereof discernible.
(iii) With the breasts exposed by a female so that the nipples thereof are exposed.
(c) Permit Required. (Amended by Ord. No. 134,704, Eff. 8/6/67.)
1. No person shall operate a studio without first obtaining a permit from the Board. No permit shall be issued except upon a finding by the Board that the studio is proposed to be operated for the purpose of providing facilities for use by persons pursuing a course of study including the artists portrayal of the nude human form, and by persons who engage in artistic portrayal of the nude human form, and by persons who engage in artistic portrayal as a means of livelihood.
2. An applicant for a studio permit shall file a verified application therefor with the Board on such forms and containing such information as the Board may require.
3. No studio permit shall be issued to any person under 18 years of age, nor to a corporation, any of whose officers are under 18 years of age. (Amended by Ord. No. 144,116, Eff. 12/31/72.)
EXCEPTIONS:
(i) No permit shall be required for any studio operated by any public junior college, state college, The University of California or any governmental agency.
(ii) An exemption from the requirement that a permit be obtained may be granted for any studio upon a showing satisfactory to the Board that the applicant for such permit has met the requirements established in Division 21 of the Education Code for the issuance or conferring of, and is in fact authorized thereunder to issue and confer a diploma or honorary diploma.
(iii) An exemption from the requirement that a permit be obtained may be granted for any studio upon a showing satisfactory to the Board that the applicant therefor is a tax exempt, non-profit corporation devoted to the development of art and its appreciation.
(d) Required Revocation or Denial.
1. In addition to the grounds for permissive denial or revocation stated in this article, the Board shall refuse to issue, or shall revoke, a permit required or issued under the provisions of this section upon a finding that the applicant or permittee is not of good moral character. Anyone convicted of a morals offense shall be deemed not to be of good moral character for the purposes of this section.
2. The Board shall also revoke a permit issued under the provisions of this section upon a finding that a model under 18 years of age was permitted or allowed to pose in the nude on the premises, or that a person under 18 years of age or persons other than those described in the first paragraph of subsection (c) hereof were admitted to any part of the premises in which a model was posing in the nude. (Amended by Ord. No. 144,116, Eff. 12/31/72.)