(a) No individual who works as a non-performer in a managerial position in an adult business shall be employed, hired, engaged, or otherwise retained in an adult business without first obtaining an adult business non-performer license. Non-managerial individuals who are not performers do not need a license.
(b) Individuals who wish to work as non-performer managers in an adult business shall file a written, signed, and verified application or renewal application for an adult business non-performer license on a form provided by the responsible department. Such application shall contain the following information:
(1) The applicant’s legal name and all used aliases.
(2) Date of birth.
(3) Driver’s license or identification number and state of issuance or other state identification which confirms the name of the applicant.
(4) The license applicant’s fingerprints on a Livescan form provided by the San Bernardino Sheriff’s Department. Any fees for fingerprints shall be paid by the applicant. Fingerprints shall be taken within six months of the date of application.
(5) Whether the non-performer employee applicant has pled guilty or pled nolo contendere or been convicted of an offense classified by this or any other state as a sex related offense including crimes involving moral turpitude, prostitution, or obscenity subject to the time periods established in § 85.21.020(c)(4)(A), (B), and (C). Any applicant who admits of a recent prior sex related offense as specified above shall be denied employment in an adult business during the applicable time period for disqualification called out herein.
(6) The name and address of the adult business where the applicant proposes to work as a non-performer in a managerial capacity.
(c) The information provided above in Subdivision (b) of this Section, which is personal, private, confidential or the disclosure of which could expose the applicant to the risk of harm, will not be disclosed under the California Public Records Act. Such information includes, but is not limited to, the applicant’s mailing address, date of birth, age, and driver’s license number. The Board of Supervisors in adopting the application system set forth herein has determined in accordance with Government Code § 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this chapter by ensuring that the applicant’s privacy, confidentiality and/or security interests are protected. The above-mentioned information shall be redacted from any copy of a completed application form made available to any member of the public.
(d) The responsible department must be available during normal working hours Monday through Friday to accept adult business non-performer license applications. The responsible department shall determine if an application is complete within five business days after receipt of the results of the Livescan application. If the responsible department determines that the application is incomplete, the responsible department shall immediately inform the applicant of such fact and the reasons therefor, including identifying any additional information necessary to render the application complete. Upon receipt of a completed adult business non-performer license application in which the applicant denies any conviction of a misdemeanor or felony constituting a specified criminal activity as specified in § 41.2903(b)(5), the responsible department shall permit temporary employment of such applicant in an adult business that possesses a valid adult business regulatory permit.
(Ord. 4239, passed - -2014; Am. Ord. 4378, passed - -2020)