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For the purposes of this Article, the following words and phrases shall mean and include:
(a) Theater. A building, playhouse, room, hall, or other place having therein a permanent stage upon which movable scenery is or may be placed and upon which theatrical or vaudeville or similar performances are given, with seats so arranged in proximity to such stage that a body of spectators may have an unobstructed view of said stage, the primary function of which is to serve as the locale of such performance.
(b) Encounter Studio. An establishment to which patrons or members are invited and is so arranged as to provide booths, cubicles, room or rooms, compartments or stalls wherein an entertainer provides entertainment as defined herein to patrons or members or groups of members or patrons within the aforesaid booths, cubicles, room or rooms, compartments or stalls.
(c) Entertainment. Any act, play, review, pantomime, scene, song, dance act, song and dance act, modeling, conversation, appearance or any other live act, demonstration, exhibition, or poetry recitation, conducted or participated in by any person in or upon any premises to which patrons or members are admitted. "Entertainment" also includes a fashion or style show, except when conducted by a bona fide nonprofit club or organization as part of the social activities of such club or organization, and when conducted solely as a fund-raising activity for charitable purposes.
"Entertainment," in addition, is defined to mean and include the playing upon or use of any instrument that is capable of or can be used to produce musical sounds or percussion sounds, including but not limited to reed, brass, percussion or stringlike instruments; provided, further, that "entertainment" is defined to mean any instrument or device capable of producing or reproducing sound.
(d) Person. An individual, firm, partnership, joint adventure, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit, excepting the United States of America, the State of California, and any political subdivision of either thereof.
(e) Operator. Any person operating an Encounter Studio, including but not limited to the owner or proprietor of the premises upon which it is located, and the lessee, sublessee, or mortgagee in possession.
(f) Bona Fide Nonprofit Clubs or Organizations. Any fraternal charitable, religious or benevolent, or any other nonprofit organization, having a regular membership association primarily for mutual social, mental, political and civil welfare to which admission is limited to members and guests and revenue accruing therefrom to be used exclusively for the benevolent purposes of said organization and which organization or agency is exempt from taxation under the Internal Revenue Laws of the United States as a bona fide fraternal, charitable, religious, benevolent or nonprofit organization.
(g) Entertainer. An entertainer, for the purposes of this Article, is any person who performs any act enumerated in Section 1072.1(c) of this Article within an Encounter Studio whether for any consideration or not.
(h) Employee. Any and all persons who work in or about or render any services whatsoever to the patrons or customers of an Encounter Studio and who receives compensation for such service.
(i) Specified Sexual Activities. (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse or sodomy; and (3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(j) Specified Anatomical Areas. (1) Less than completely and opaquely covered: (a) human genitals, pubic hair, buttock, natal cleft, perineum, anal region, and (b) female breast at or below the areola thereof; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(Added by Ord. 241-77, App. 6/17/77)
It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City and County of San Francisco, the operation of an Encounter Studio as herein defined, without first having obtained a permit from the Police Department.
(Added by Ord. 241-77, App. 6/17/77)
It shall be unlawful for any entertainer or other employee to work in or about, or to perform any services for a customer of an Encounter Studio without first securing a permit from the Chief of Police.
Every person to whom an employee permit is granted pursuant to the provisions of this Article shall display said permit in plain view on his person at all times while on an Encounter Studio premises in such a manner that the same may be readily seen by customers on the premises. Said permit shall contain a recent photograph of the entertainer as well as said entertainer's name and permit number.
(Added by Ord. 241-77, App. 6/17/77)
Every applicant desiring a permit to maintain, operate or conduct an Encounter Studio shall file an application with the Chief of Police upon a form provided by said Chief of Police and pay a filing fee which shall not be refundable. Each such applicant shall pay an additional fee of $500 which shall be used by the Chief of Police to investigate said applicant's application as provided in Section 1072.6 herein. Any unused portion of such additional fee shall be returned to the applicant at the conclusion of the hearing on his application provided by Section 1072.1.
(Amended by Ord. 555-81, App. 11/12/81)
Application to Chief of Police. Every applicant for an Employee Permit for an Encounter Studio shall file an application with the Chief of Police on a form provided by said Chief of Police and pay a filing fee which shall not be refundable. Said applicant shall file for a permit within 30 days of the effective date of this Article.
(Amended by Ord. 555-81, App. 11/12/81)
The application for a permit to operate an Encounter Studio shall set forth the proposed place of business and facilities therefor and the name and address of each applicant.
In addition to the foregoing, any applicant for a permit shall furnish the following information:
(a) The two previous addresses immediately prior to the present address of the applicant.
(b) Written proof that the applicant is at least 18 years of age.
(c) Applicant's height, weight, color of eyes and hair.
(d) Three portrait photographs at least 2" x 2".
(e) Business, occupation, or employment of the applicant for the three years immediately preceding the date of application.
(f) All criminal convictions except minor traffic violations.
(g) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation together with the names and residence addresses of each of the officers, directors, and each stockholder holding more than 10 percent of the stock or beneficial ownership of the corporation. If the applicant is a partnership, the application shall set forth the name and the residence addresses of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this Section pertaining to a corporate applicant apply.
(h) Whether applicant or any other person who will be directly engaged in the management or operation of the Encounter Studio has been previously granted permits or licenses to engage in a business or occupation by the State of California or by the City and County of San Francisco, any of which permits or licenses has/have been revoked by the granting authority because of violation of law or violation of rules promulgated by the regulating agency where the issuing agency or the regulating agency is either the Alcoholic Beverage Control Commission or the San Francisco Police Department. The Chief of Police shall not take into account such revocation if the applicant suffered such revocation at least three years prior to the date of the application.
(i) Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application.
(j) Nothing contained herein shall be construed to deny to the Chief of Police the right to take the fingerprints and additional photographs of the applicant, nor shall anything contained herein be construed to deny the right of said Chief of Police to confirm, by independent investigation, the truth and accuracy of the above information.
(Added by Ord. 241-77, App. 6/17/77)
The employee of an Encounter Studio filing for a permit shall furnish the following information:
(a) Name.
(b) Residence address.
(c) Encounter Studio in which the employee is currently working.
(d) Two previous addresses immediately prior to the present address of the applicant.
(e) Applicant's weight, height, color of eyes and hair.
(f) Written proof that applicant is at least 18 years of age.
(g) Three portrait photographs of at least 2" x 2".
(h) Previous employment of the applicant for three years immediately preceding the date of application.
(i) All criminal convictions except minor traffic violations.
(j) Such other identification and information necessary to discover the truth of the matters hereinbefore specified.
(k) Whether applicant or any other person who will be directly engaged in the management and operation of the Encounter Studio has been previously granted permits or licenses to engage in a business or occupation by the State of California or the City and County of San Francisco, any of which permits or licenses has/have been revoked by the granting authority.
(l) Nothing contained herein shall be construed to deny the Chief of Police the right to take the fingerprints and additional photographs of the applicant, nor shall anything contained herein be construed to deny the right of said Chief of Police to confirm, by independent investigation, the truth and accuracy of the above information.
(Added by Ord. 241-77, App. 6/17/77)
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