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(a) All adult businesses are subject to the Adult Business Regulatory Permit requirements of Chapter 84.02, this Chapter as well as all other applicable ordinances of the County and laws of the State of California. It shall be unlawful for any person to establish, operate, engage in, conduct, or carry on any adult business within San Bernardino County unless the person first obtains, and continues to maintain in full force and effect, an Adult Business Regulatory Permit as herein required. Any occurrence of the “establishment” of an adult business as defined in Chapter 810.01 of this Title, shall require a new application for an Adult Business Regulatory Permit. The Adult Business Regulatory Permit shall be subject to the development and operational standards of Chapter 84.02 of this Title and the requirements of the zoning or other land use provisions applicable to where the facility is located.
(b) The Planning Commission shall grant, deny and/or renew an Adult Business Regulatory Permit in accordance with these regulations.
(c) Permit applicants shall file a written, signed and verified application at the office of the County Land Use Services Department on a form provided by the Department. Such application shall contain the following information and be accompanied by the following documents:
(1) If the permit applicant is an individual, the individual shall state his or her legal name, including any aliases, and address, and shall submit satisfactory written proof that he or she is at least 18 years of age.
(2) If the permit applicant is a partnership, the partners shall state the partnership’s complete name, address, the names of all partners, and whether the partnership is general or limited; and shall attach a copy of the partnership agreement, if any.
(3) If the permit applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the State of California, the names and capacities of all officers and Directors, the name of the registered corporate agent, and the address of the registered office for service of process.
(4) A signed and verified statement that the permit applicant has not pled guilty or nolo contendere to nor has the permit applicant been convicted of an offense classified by this or any other state as a sex or sex-related offense, including crimes involving moral turpitude, prostitution, or obscenity, subject to the following time periods:
(A) If a misdemeanor, more than two years have elapsed from the date of the plea or conviction or from the date of release from confinement for the conviction, whichever is the later date, to the date of the application; or
(B) If a felony, more than five years have elapsed from the date of the plea or conviction or from the date of release from confinement for the conviction, whichever is the later date, to the date of the application; or
(C) If two or more misdemeanors, the pleas or convictions occurred within any 24-month period and more than five years have elapsed from the date of the last plea or conviction or from the most recent date of release from confinement for the conviction or plea, whichever is the later date, to the date of application.
If the applicant is a partnership or corporation, such verified statement must be submitted by each and every partner, officer and/or director.
(5) The permit applicant shall provide a list of all performers and non-performers, which includes the performer’s/non-performer’s legal name, and mailing address, and satisfactory written proof that each performer/non-performer is at least 18 years of age. If the Adult Business Regulatory Permit is granted, the owner/ operator shall maintain this list with current and updated information and shall make this list available for inspection upon reasonable notice.
(6) Each performer and non-performer working for a permit applicant shall provide the permit applicant with a signed and verified statement that the performer or non-performer has not pled guilty or pled nolo contendere or been convicted of an offense classified by this or any other state as a sex or sex-related offense, including crimes involving moral turpitude, prostitution, or obscenity, within the time periods established in Subdivisions 85.21.020(c)(4)(A), (B), and (C).
(7) If the permit applicant intends to operate the adult business under a name other than that of the permit applicant, the permit applicant shall file the fictitious name of the adult business and show proof of registration of the fictitious name.
(8) A description of the type of adult business for which the permit is requested and the proposed address where the adult business will operate, plus the names and addresses of the owners and lessors of the adult business site.
(9) The address to which notice of action on the application is to be mailed if different from the applicant’s address.
(10) A diagram showing the interior premises including a statement of the total floor area occupied by the adult business. The diagram may not be hand drawn. It must show orientation to the north or some other designated street or object. It must be generated by a defined scale and show marked dimensions of the premise to an accuracy of plus or minus six inches.
(11) A diagram of the off-street parking areas and entries to the premises of the adult business, also showing the location of the lighting system required by this Chapter.
(d) The completed application shall be accompanied by a non-refundable application fee. The amount of such fees shall be set by ordinance adopted by the Board of Supervisors.
(e) The completeness of an application for an Adult Business Regulatory Permit shall be determined by the Land Use Services Department Director (“the Director”) within five business days of its submittal. If the Director determines that the permit application is incomplete, the Director shall immediately notify in writing the permit applicant of such fact and the reasons therefor, including identifying any additional information necessary to render the application complete. Such writing shall be deposited in the U.S. mail, postage prepaid, immediately upon determination that the application is incomplete. Within five business days following the receipt of an amended application or supplemental information, the Director shall again determine whether the application is complete in accordance with the provisions set forth above. Evaluation and notification shall occur as provided herein until such time as the application is found to be complete.
(f) The fact that a permit applicant possesses other types of state or city licenses or permits does not exempt the permit applicant from the requirement of obtaining an Adult Business Regulatory Permit under this Chapter.
(Ord. 4239, passed - -2014)