Loading...
(A) A permittee shall not operate an adult business under the authority of a permit at any place other than the address of the adult business stated in the application for the permit.
(B) A permittee shall not transfer the permit to another person unless and until the transferee obtains an amendment to the permit from the city manager, stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the city manager in accordance with section 16-340, accompanies the application with a transfer fee in an amount set by resolution of the city council, and the city manager determines in accordance with sections 16-341 and 16-342 that the transferee would be entitled to the issuance of an original permit.
(C) No permit may be transferred when the city manager has notified the permittee that the permit has been or may be suspended or revoked.
(D) Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked.
(`64 Code, Sec. 34-211) (Ord. No. 2313)
(A) No person shall be employed in an adult business to engage in the services rendered by a nude model studio, escort agency, sexual encounter establishment, or adult massage parlor without a valid adult business employee license issued by the city.
(B) The city manager shall grant, deny and renew adult business employee licenses.
(C) The application for a license must be made on a form provided by the city manager. An original and two copies of the completed and sworn license application must be filed with the city manager.
(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) Present business address and telephone number;
(6) State driver's license or identification number;
(7) Satisfactory written proof that the applicant is at least 18 years of age;
(8) The applicant's fingerprints on a form provided by the police department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant;
(9) A history of adult business licenses issued by the city to the applicant for the five years immediately preceding the date of application, including whether the applicant has ever had such a license, permit or authorization to do business denied, revoked or suspended, or had any professional or vocational license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, the applicant shall state the date and the name of the jurisdiction and describe in full the reasons for the denial, revocation or suspension; a copy of any order of denial, revocation or suspension shall be attached to the application;
(10) A statement of whether the applicant has been convicted of a specified criminal act, including the date, place, nature of any such conviction or plea of nolo contendere and the convicting jurisdiction; and
(11) If the application is made for the purpose of renewing a license, the applicant shall attach a copy of the license to be renewed.
(E) The completed application shall be accompanied by a nonrefundable application fee and an annual license fee. The license fee shall be refunded if the application is denied. The amount of such fees shall be set by resolution of the city council.
(F) Upon receipt of an application and payment of the application and license fees, the city manager shall immediately stamp the application as received and promptly refer the application to the police department for investigation and report concerning the information contained in the application.
(G) If the city manager determines that the applicant has completed the application improperly, the city manager shall promptly notify the applicant of such fact and on request of the applicant, 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 license shall be stayed during the period in which the applicant is granted an extension of time.
(H) Within 30 days of receipt of the application, the police department shall report to the city manager and the city manager shall grant or deny the application and mail a copy thereof to the applicant, as follows:
(1) The city manager shall write or stamp “Granted” or “Denied” on the application and date and sign such notation.
(2) If the application is denied, the city manager shall attach to the application a statement of the reasons for denial and refund the annual license fee.
(3) If the application is granted, the city manager shall attach to the application an adult business employee license.
(4) The application as granted or denied and the license, 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.
(I) The city manager shall grant the application and issue the license unless the application is denied for one or more of the reasons set forth in subsection (K) of this section.
(J) If the city manager grants the application or if the city manager neither grants nor denies the application within 30 days after the application is stamped as received, except as provided in section 16-347, the applicant may begin employment in the capacity for which the license was sought.
(K) The city manager shall deny the application for any of the following reasons, based on the report from the police department:
(1) The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a license or in any report or document required to be filed with the application;
(2) The applicant is under 18 years of age;
(3) The applicant has been convicted of a specified criminal act for which:
(a) Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal act;
(b) Less than five years has elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense for the specified criminal act; or
(c) Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanors for the specified criminals acts occurring within any 24-month period; and
(d) The fact that a conviction is being appealed shall have no effect on disqualification of the applicant. An applicant who has been convicted of a specified criminal act may qualify for an adult business employee license only after such periods have elapsed; provided, however, that if a conviction is set aside on appeal, the city manager shall disregard the conviction.
(4) The adult business employee license is to be used for employment in a business prohibited by State or city law.
(L) Each adult business employee license shall expire one year from the date of issuance and may be renewed only by filing with the city manager a written request for renewal, accompanied by the annual license fee and a copy of the license to be renewed. The request for renewal shall be made at least 30 days, but no more than 45 days, before the expiration date of the license. When made less than 30 days before the expiration date, the expiration of the license will not be stayed.
(M) On receiving a request for renewal, accompanied by the annual license fee, the city manager shall within 30 days renew the license, unless the police department reports that the applicant has been convicted of any specified criminal act or committed any act during the previous license period that would have been grounds to deny the initial license application, in which case the city manager shall deny renewal.
(`64 Code, Sec. 34-212) (Ord. No. 2313)
After denial of an application for an adult business permit or an adult business employee license, or denial of renewal of a permit or license, or suspension or revocation of a permit, or denial of transfer of a permit, or denial by the commission of a request for an extension of time made pursuant to section 16-339, the applicant or person to whom the permit or license was granted may request review of such administrative action by the city council, according to a review procedure to be established by resolution of the city council. On rendition of the city council’s decision, the city or the applicant or permittee may seek review of such administrative action by the courts pursuant to Cal. Code of Civil Procedure, Section 1094.8.
(`64 Code, Sec. 34-213) (Ord. No. 2313)
(A) An applicant, operator or permittee of an adult business (other than an adult motel), regardless of whether or not a permit has been issued to the business under this article, which business exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette or other video reproduction that depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(1) The application for an adult business permit shall be accompanied by a diagram of the premises showing the location of one or more manager's stations, the location of all overhead lighting fixtures, and any portion of the premises to which patrons will not be admitted. A manager's station may not exceed 32 square feet of floor area, with no dimension greater than eight feet. The diagram shall also designate the place where the adult business permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint is not required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale with marked dimensions sufficient to show the dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The city manager may waive the diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since the diagram was prepared.
(2) No alteration in the configuration or location of a manager's station may be made without the prior approval of the city manager.
(3) At least one employee shall be on duty and situated at each manager's station at all times that any patron is present inside the premises.
(4) The interior of the premises shall be configured so that there is an unobstructed view from a manager's station of every area of the premises to which any patron is admitted for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises have two or more managers' stations designated, the interior of the premises shall be configured so that there is an unobstructed view of each area of the premises to which any patron is admitted for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
(B) The view area specified in subsection (A)(4) shall remain unobstructed at all times by any doors, walls, merchandise, display racks or other materials. No patron shall be admitted to any area of the premises that has been designated as an area in which patrons will not be admitted in the diagram submitted pursuant to subsection (A)(1) of this section.
(C) No viewing room may be occupied by more than one person at any one time. The entry to each viewing room shall be open and not be covered by any door, panel, curtain or other obstruction to view.
(D) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are admitted at an illumination of not less than two footcandles, as measured at the floor level. Such illumination shall be maintained at all times that any patron is present on the premises.
(`64 Code, Sec. 34-214) (Ord. No. 2313)
(A) In order to protect minors from exposure to material harmful to minors, except as set out below the operator of an adult business shall not knowingly, or with reasonable cause to know, permit, suffer, or allow a person under 18 years of age to:
(1) Be admitted into the adult business premises unless accompanied by a parent or guardian;
(2) Remain on the adult business premises unless accompanied by a parent or guardian;
(3) Purchase goods or services at the adult business premises without the specific consent of a parent or guardian; or
(4) Work at the adult business premises as an employee.
(B) The permittee shall not allow any portion of the interior of the premises of the adult business to be visible from outside the premises.
(`64 Code, Sec. 34-215) (Ord. No. 2313)
Adult businesses are subject to applicable provisions of the city's sign ordinances. In addition, no signs or material visible from the exterior of the adult business premises shall advertise the presentation of any activity prohibited by federal, city or State law or depict materials or performances available at the adult business. However, signs visible from the exterior of the business premises may advertise the existence and location of the business.
(`64 Code, Sec. 34-216) (Ord. No. 2313)
All off-street parking areas and premises entries of an adult business shall be illuminated from dusk to the close of business with a lighting system that provides an average maintained horizontal illumination of one footcandle of light on the parking surface and walkways.
(`64 Code, Sec. 34-217) (Ord. No. 2313)
No adult business shall be open for business, nor shall any employee of an adult business engage in or solicit a performance, sale or service in connection with the business, between the hours of 2:00 a.m. and 6:00 a.m. of any day.
(`64 Code, Sec. 34-218) (Ord. No. 2313)
Loading...