As used in this article:
means any person who poses to be observed, viewed, conversed
with, sketched, painted, drawn, sculptured, photographed, or otherwise
similarly depicted.
means any premises where there is conducted the business
of furnishing, providing or procuring figure models who pose for the
purpose of being observed, conversed with, or viewed by any person,
or of being sketched, painted, drawn, sculptured, photographed, or
otherwise similarly depicted in the nude or seminude for persons who
pay a fee, or other consideration, compensation or gratuity, for the
right or opportunity to converse with or so depict a figure model,
or for admission to, or for permission to remain upon or as a condition
of remaining upon the premises.
means completely without clothing or covering, or with partial
clothing or covering with any pubic area exposed or with any portion
of the crease of the buttocks exposed, or the exposing of any portion
of either breast at or below the areola, or the wearing of any type
clothing so that those portions of the anatomy described in this subsection
may be observed.
means any natural person, firm, partnership, corporation,
or association.
(Ord. 86-O-104, 1986)
The words "figure model studio" do not include:
(1)
Any
studio which is operated by any state college or public junior college
or school wherein the person operating it has met the requirements
established in Section 21 of the Education Code for the issuance or
conferring of, and is, in fact, authorized thereunder to issue and
confer, a diploma or honorary diploma;
(2)
Any
studio which is a part of an institution receiving financial support,
in whole or in part, through contributions of the federal or any state,
county or city governments; or
(3)
Any
premises where there is conducted the business of furnishing, providing
or procuring figure models solely for any studio described in paragraphs
(1) and (2) of this section.
(Ord. 86-O-104, 1986)
(a)
It
shall be unlawful for any person to engage in, conduct or carry on,
in or upon any premises within the city, the business of a figure
model studio without a permit issued pursuant to the provisions of
this article for each and every such figure model studio.
(Ord. 86-O-104, 1986)
(a)
Any
person desiring to obtain a permit to operate a figure model studio
shall make application to the chief of police or designated representative.
Prior to submitting such application, a nonrefundable fee established
by resolution of the city council shall be paid to the department
of finance to defray, in part, the costs of investigation and report
required by this article. The department of finance shall issue a
receipt showing that such permit application fee has been paid. The
receipt, or a copy thereof, shall be supplied to the chief of police
at the time such application is submitted.
(b)
The
application for permit does not authorize conducting a figure model
studio until such permit has been granted.
(c)
Each
applicant for a figure model studio permit shall furnish the following
information:
(1)
The full true name and any other names used by the applicant;
(2)
The present address and telephone number of the applicant;
(3)
The previous addresses of the applicant, if any, for a period of
three years immediately prior to the date of the application, and
the dates of residence at each;
(4)
Acceptable written proof that the applicant is at least 18 years
of age;
(5)
The applicant's height, weight, color of eyes and hair, and
date of birth;
(6)
Two photographs of the applicant at least two inches by two inches,
taken within the last six months;
(7)
Business, occupation or employment history of the applicant for the
three years immediately preceding the date of application;
(8)
The business license history of the applicant, and whether such applicant,
in previously operating in this or any other city, state or territory
under license, has had such license revoked or suspended, the reason
therefor, and the business activity or occupation subsequent to such
action of suspension or revocation;
(9)
All convictions, including ordinance violations, exclusive of traffic
violations, stating the dates and places of any such convictions;
(10)
If the applicant is a corporation, the name of the corporation shall
be set forth exactly as shown in its articles of incorporation or
charter, together with the state and date of incorporation, and the
names and addresses of each of its current officers and directors,
and of each stockholder holding more than 5% of the stock in the corporation.
If the applicant is a partnership, the applicant shall set forth the
name, residence address and dates of birth of each of the partners,
including limited partners. If the applicant is a limited partnership,
it shall furnish a copy of its certificate of limited partnership
as filed with the county clerk. If one or more of the partners is
a corporation, the provisions of this subsection pertaining to corporations
shall apply. The applicant corporation or partnership shall designate
one of its officers or general partners to act as its responsible
managing officer. Such designated person shall complete and sign all
application forms required of an individual applicant under this ordinance,
but only one application fee shall be charged;
(11)
The name and address of the owner and lessor of the real property
upon which the business is to be conducted, and a copy of the lease
or rental agreement;
(12)
Such other identification and information as the police department
may require in order to discover the truth of the matters specified
in this section as required to be set forth in the application;
(13)
The chief of police may require the applicant to furnish fingerprints
when needed for the purpose of establishing identification.
(d)
The
applicant, if an individual, or designated responsible managing officer,
if the applicant is a partnership or corporation, shall personally
appear at the police department of the city and produce proof that
the required application fee has been paid, and shall present the
application containing the aforementioned and described information.
(e)
The
chief of police shall have a reasonable time in which to investigate
the application and background of the applicant. The chief of police
or his representative shall render a recommendation as to the approval
or denial of the permit to the city administrator. The department
of building safety and housing, the fire department, and the Orange
County health department shall inspect the premises proposed to be
devoted to the figure model studio and shall make separate recommendations
to the city administrator concerning compliance with applicable laws.
The proprietor of such establishment shall pay a fee established by
resolution of the city council to the county health officer's
public health and sanitation services for such inspection.
(f)
The
city administrator, after receiving the application and aforementioned
recommendations, shall grant the permit if he finds:
(1)
The required fee has been paid;
(2)
The application conforms in all respects to the provisions of this
article;
(3)
The applicant has not knowingly made a material misrepresentation
in the application;
(4)
The applicant, if an individual, or any of the stockholders of the
corporation, any officers or directors, if the applicant is a corporation,
or any of the partners, including limited partners, if the applicant
is a partnership, has not, within five years prior to the application
filing date, been convicted in a court of competent jurisdiction of
an offense involving conduct which requires registration under California
Penal Code Section 290, or of conduct which is a violation of the
provisions of California Penal Code Sections 314, 315, 316, 318, 647(a),
647(b), 647(d) or 647(h), or convicted in any other state for an offense
which, if committed in this state, would have been punishable as one
or more of the aforementioned offenses, or any crime involving dishonesty,
fraud, deceit, or moral turpitude;
(5)
The applicant has not had a figure modeling studio permit or model
permit or other similar license or permit denied or revoked for cause
by this city or any other city located in or out of this state within
the five years prior to the date of application;
(6)
The figure model studio as proposed by the applicant would comply
with all applicable laws, including but not limited to, health, zoning,
fire and building safety requirements and standards;
(7)
The applicant is at least 18 years of age.
(g)
Any
person, corporation or partnership denied a permit by the city administrator
pursuant to these provisions may appeal such decision.
(Ord. 86-O-104, 1986)
It shall be unlawful for any person to act as a figure model
in any figure model studio as defined unless such person holds a valid
permit issued by the city pursuant to the provisions of this article.
(Ord. 86-O-104, 1986)
(a)
Any
person desiring to obtain a permit to act as a figure model shall
make application to the chief of police or his designated representative.
Prior to submitting such application, a nonrefundable fee established
by resolution of the city council shall be paid to the department
of finance to defray, in part, the cost of investigation and report
required by this article. The department of finance shall issue a
receipt showing that such permit application has been paid. The receipt,
or copy thereof, shall be supplied to the chief of police at the time
such application is submitted.
(b)
The
application for permit does not authorize acting as a figure model
until such permit has been granted.
(c)
Each applicant for a figure model permit shall furnish all the information required by paragraphs (1) through (9) of subsection (c) of Section 6.56.530, and shall in addition furnish the following information:
(1)
The figure model studio, if any, at which the applicant expects to
be employed:
(2)
Such other identification and information as the police department
may require in order to discover the truth of the matters specified
in this section as required to be set forth in the application;
(3)
The chief of police may require the applicant to furnish fingerprints
when needed for the purpose of establishing identification.
(d)
The
chief of police shall have a reasonable time in which to investigate
the application and background of the applicant. The chief of police
or his representative shall render a recommendation as to the approval
or denial of the permit to the city administrator.
(f)
Any
person denied a permit by the city administrator pursuant to these
provisions may appeal such decision.
(Ord. 86-O-104, 1986)
Every person operating a figure model studio shall maintain
facilities meeting the following minimum requirements:
(1)
Sign.
Subject to applicable ordinances, a recognizable and legible sign
shall be posted at the main entrance identifying the establishment
as a figure model studio.
(2)
Lighting.
Minimum lighting shall be provided in accordance with Article 220
of the National Electrical Code, and, in addition, at least one artificial
light of not less than 40 watts shall be provided in each room or
enclosure where figure modeling services are performed.
(3)
Ventilation.
Minimum ventilation shall be provided in accordance with Section 1105
of the Uniform Building Code.
(4)
Compliance
with Code. Proof of compliance with all applicable provisions of the
Placentia Municipal Code shall be provided by the person(s) operating
such figure model studio.
(Ord. 86-O-104, 1986)
Every person operating a figure model studio shall comply with
the following operating requirements. These requirements shall be
prominently and publicly displayed by the person(s) operating such
figure model studio in a conspicuous place upon every premises operating
under the provisions of this article:
(1)
Each
person employed or acting as a figure model shall have a valid permit
issued by the city, and it shall be unlawful for any owner, operator,
responsible managing employee, manager or permittee in charge of or
in control of the studio to employ or permit a person to act as a
figure model as defined in this code who is not in possession of a
valid unrevoked figure model permit.
(2)
Figure
model services shall be carded on, and the premises shall be open,
only between the hours of 7:00 a.m. and 12:00 midnight.
(3)
The
figure model permit, and a copy of the permit of each and every figure
model employed in the studio, shall be displayed in an open and conspicuous
place on the premises.
(4)
No
person shall enter, be or remain in any part of a figure model studio
while in the possession of, consuming, or using any alcoholic beverage
or drug except pursuant to a prescription for such drug. The owner,
operator, responsible managing employee, manager or permittee shall
not permit any such person to enter or remain upon such premises.
(5)
No
figure model studio shall operate as a massage establishment or school
of massage, or use the same facilities as that of a massage establishment
or school of massage.
(Ord. 86-O-104, 1986)
(a)
Upon the sale or transfer of any interest in a figure model studio, the permit shall be null and void. A new application shall be made by any person desiring to own or operate the figure model studio. A fee established by resolution of the city council shall be payable for each such application involving sale or other transfer of any interest in an existing figure model studio. The provisions of Section 6.56.530 of this chapter shall apply to any person applying for a figure model studio permit for premises previously used as such studio.
(Ord. 86-O-104, 1986)
(a)
A
change of location of any of the aforementioned and described premises
may be approved by the chief of police and the director of planning
provided all ordinances and regulations of the city are complied with
and a change of location fee as established by resolution of the city
council is deposited with the city.
(b)
No
permittee shall operate under any name or conduct any establishment
under any designation not specified in his permit.
(Ord. 86-O-104, 1986)
No person operating a figure model studio shall permit conditions
to exist whereby the interior portions of said figure model studio
shall be visible from the outside of the premises.
(Ord. 86-O-104, 1986)
Every person operating a figure model studio shall maintain
a record file of all figure models employed by him or using the premises.
This file shall contain the true names and all aliases used by the
figure model, age. birth date, height, weight, color of hair and eyes,
home address, and phone numbers, date of employment and termination.
Inactive file cards shall be maintained on the premises for a period
of one year following termination of employment. Such persons shall
make all records immediately available upon demand of any law enforcement
officer.
(Ord. 86-O-104, 1986)
(a)
It
shall be unlawful for any person to pose as a figure model for the
purposes of being observed, sketched. painted, sculptured, photographed
or otherwise similarly depicted in the nude or seminude in such a
manner that the average person, applying contemporary community standards,
would find that the activities, as a whole, appeal to the prurient
interest, depict in a patently offensive way sexual conduct specifically
defined by applicable state law, and lacks serious literary or artistic
value. Any violation of this provision shall be deemed grounds for
the revocation of the permit granted hereunder.
(Ord. 86-O-104, 1986)
When the city administrator finds that any person holding a permit under the provisions of Sections 6.56.530 or 6.56.550 has violated the provisions of this article, he may revoke the permit. No such revocation shall become effective until the permit holder has been notified in writing by certified mail of his or her right of appeal to the revocation decision. If a timely appeal is filed, the revocation shall be effective only upon decision of the city council. Otherwise the revocation shall become effective after the timely appeal period has passed.
(Ord. 86-O-104, 1986)
Any figure model studio operated, conducted or maintained contrary
to provisions of this chapter is declared to be unlawful and a public
nuisance, and the city attorney may, in addition to or in lieu of
prosecuting a criminal action hereunder, commence an action or actions,
proceeding or proceedings, for the abatement, removal or enjoinment
thereof, in the manner provided by law; and shall take such other
steps and shall apply to such court or courts as may have jurisdiction
to grant such relief as will abate or remove such figure model studio
and restrain and enjoin any person from operating, conducting or maintaining
a figure model studio contrary to the provisions of this chapter.
(Ord. 86-O-104, 1986)
The provisions of this article shall be applicable to all persons
and businesses described in this article, whether the herein described
activities were established before or after the effective date of
this article, except that those in business prior to the effective
date of this article shall have 60 days from such date to comply with
the terms herein.
(Ord. 86-O-104, 1986)
