All adult businesses are subject to the adult business regulatory license requirements of this chapter as well as all other applicable ordinances of the city and laws of the State of California.
(A) It shall be unlawful for any person to establish, operate, engage in, conduct, or carry on any adult business within the city unless the person first obtains, and continues to maintain in full force and effect, an adult business regulatory license as herein required. Any occurrence of the establishment of an adult business as defined in this chapter, shall require a new application for an adult business regulatory license. The adult business regulatory license shall be subject to the development and operational standards of this chapter and the underlying zone where the facility is located.
(B) The City Manager or his or her designee (hereinafter "City Manager") shall grant, deny and renew adult business regulatory licenses in accordance with these regulations.
(C) License applicants shall file a written, signed and verified application on a form provided by the Planning Department. Such application shall contain the following information and be accompanied by the following documents:
(1) If the license 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 license 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 license 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 license applicant, if an individual, or partners, officers, directors, if a partnership or corporation, has not pled guilty or 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, and:
(a) More than two years have elapsed since the date of conviction or the date of release from confinement of conviction to the date of application, whichever is the later date, if the conviction is a misdemeanor; or
(b) More than five years have elapsed since the date of conviction or the date of release from confinement of conviction to the date of application, whichever is the later date, if the conviction is a felony; or
(c) More than five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction to the date of application, whichever is the later date, if the convictions are two or more misdemeanors or combination of misdemeanor offenses occurring within any 24-month period.
(5) The license applicant shall sign the application. All persons who sign the application must also provide names, aliases, addresses, and date of birth.
(6) If the license applicant intends to operate the adult business under a name other than that of the license applicant, the license applicant shall file the fictitious name of the adult business and show proof of registration of the fictitious name.
(7) A description of the type of adult business for which the license 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.
(8) The address to which notice of action on the application is to be mailed.
(9) A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult business. The sketch or diagram need not be professionally prepared but must be oriented to the north or some other designated street or object and drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
(10) 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 the City Council.
(E) The completeness of an application for an adult business regulatory license shall be determined by the City Manager or within five city business days of its submittal. If the City Manager determines that the license application is incomplete, the City Manager shall immediately notify in writing the license applicant of such fact and the reasons therefor, including 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 city business days following the receipt of an amended application or supplemental information, the City Manager 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 license applicant possesses other types of state or city licenses does not exempt the license applicant from the requirement of obtaining an adult business regulatory license.
(Ord. 976, passed 7-27-06; Am. Ord. 977, passed 8-10-06) Penalty, see § 10.97