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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by the State of California or by the City and County of San Francisco, any of which permits or licenses has/have been revoked by the granting authority because of violation of law or violation of rules promulgated by the regulating agency where the issuing agency or the regulating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)
The provisions of Section 1072.6(a), (b), (c), (d), (e) and (f) entitled "Application for Permit" relating to requirement for corporate applicants shall not apply to any of the following:
(1) A corporation, the stock of which is listed on a stock exchange in the State of California or the City of New York, State of New York.
(2) A bank, trust company, financial institution or title company to which application is made or to whom a license is issued in a fiduciary capacity.
(3) A corporation which is required by law to file periodic reports with the Securities and Exchange Commission.
(Added by Ord. 241-77, App. 6/17/77)
(A) Any corporation holding a permit under this Article shall maintain a stock register at the principal office of the corporation in San Francisco and the stock register shall be available to the Police Department for inspection. Such corporation shall report to the department in writing any of the following:
(1) Issuance or transfer of any shares of stock or beneficial ownership thereof to any person where the issuance or transfer results in the person owning 10 percent or more of the corporate stock.
(2) Change in any of the corporate officers which are required by Section 821 of the Corporations Code.
(3) Change of the members of its Board of Directors.
The report shall be filed with the Police Department within 30 days after the issuance or transfer of corporate stock or beneficial ownership thereof, change in corporate officers, or change in members of the Board of Directors, as the case may be.
(B) The provisions of this Section shall not apply to any of the following:
(1) A corporation, the stock of which is listed on a stock exchange in this state or in the City of New York, State of New York.
(2) A bank, trust company, financial institution or title company to which a permit is issued in a fiduciary capacity.
(3) A corporation which is required by law to file periodic reports with the Securities and Exchange Commission.
(Added by Ord. 241-77, App. 6/17/77)
When an application is filed for a permit under this Article, the Chief of Police shall fix a time and place for a public hearing thereon. Not less than 10 days before the date of such hearing, the Chief of Police shall cause to be posted a notice of such hearing in a conspicuous place on the property in which or on which the proposed Encounter Studio is to be operated. Such posting of notice shall be carried out by the Chief of Police, and the applicant shall maintain said notice as posted for the required number of days.
(Added by Ord. 241-77, App. 6/17/77)
The Chief of Police, upon receiving an application for an Encounter Studio permit, shall refer the application to the Bureau of Building Inspection, the Fire Department, and the City Planning Department which departments shall inspect the premises proposed to be operated as an Encounter Studio and shall make written recommendations to the Chief of Police concerning compliance with the codes that they administer.
(Added by Ord. 241-77, App. 6/17/77)
The Chief of Police shall issue a permit within 14 days following a hearing if all requirements for an Encounter Studio described in this Article are met and shall issue a permit to all persons who apply to perform Encounter Studio services unless he finds:
(1) That the operation as proposed by the applicant if permitted would not have complied with all applicable laws, including, but not limited to the Building, City Planning, Housing and Fire Code of the City and County of San Francisco or regulations by the Chief of Police.
(2) That the operation as proposed by the applicant if permitted would not result in a density of more than one Encounter Studios, Massage Establishments, Adult Theaters or Adult Bookstores within an area of 500 square feet of the premises for which a permit is sought.
(3) That the applicant and any other person who will be directly engaged in the management and operation of an Encounter Studio has been convicted of any of the following offenses or convicted of an offense within, or without the State of California that would have constituted any of the following offenses if committed within the State of California:
(a) An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code;
(b) An offense involving the use of force and violence upon the person of another.
(c) An offense involving sexual misconduct with children;
(d) An offense as defined in Sections 311, 647(a), 647a, 647(b), 315, 316, 318 or 266 through 267 inclusive of the Penal Code of the State of California;
(e) The applicant has had revoked his license or permit issued by either the Alcoholic Beverage Control Commission of the State of California or the San Francisco Police Department.
(4) That the applicant or any other person who will be directly engaged in the management and operation of the Encounter Studio has had a permit or license to engage in a business or occupation granted by the State of California or the City and County of San Francisco revoked by the granting authority.
The Chief of Police shall issue a permit to any person convicted of any of the crimes described in Subsections (3a), (3b), (3c), (3d), or (3e) of this Section or subjected to a license or permit revocation as described in Subsection (4) of this Section if he finds that the termination of any disability resulting from such conviction or revocation occurred at least three years to the date of the application and the applicant has had no subsequent felony convictions of any nature, no subsequent misdemeanor convictions for crimes mentioned in this Section and no permit or license revocations as mentioned in Subsection (4) of this Section.
(Added by Ord. 241-77, App. 6/17/77)
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