It is the purpose and intent of the city council, by the adoption of the ordinance codified in this chapter, to regulate the provision of outcall dance and modeling services, as defined, for the protection of the public from hazards to health, and for the preservation of the peace and welfare of the community.
(Ord. 1353 § 1,1997)
As used in this chapter:
"Compensation"
means any commission, fee, gratuity, profit, reward, or any other form of consideration or thing of value.
"Outcall dancer"
means any person who, for compensation, dances or models in or upon any place or premises not open to the general public, including, but not limited to, any private residence within the city of Buena Park.
"Outcall dance service"
means any business, agency or self-employed or independent person who, for compensation, furnishes or offers to furnish any outcall dancer(s).
"Person"
means any natural person, firm, partnership, business entity, corporation or association.
(Ord. 1353 § 1, 1997)
It is unlawful for any person to, or offer to, engage in, provide, furnish, conduct or carry on, in or upon any premises or real property located or situated within the city, the activities of an outcall dance service, unless there has been granted to such person a valid permit pursuant to the provisions of this chapter. A separate permit shall be required for each location within the city at which an outcall dance service is desired to be operated.
(Ord. 1353 § 1, 1997)
The term of an outcall dance service permit, unless sooner suspended or revoked, shall be for a period of one year.
(Ord. 1353 § 1, 1997)
An outcall dance service permit, issued pursuant to the provisions of this chapter, which has not been suspended or revoked, may be renewed for a period not to exceed one year on written application to the chief of police made at least ninety days prior to the expiration date of the current valid permit. The application for renewal of a permit shall contain all of the information required by Section 5.30.070 of this chapter and shall be processed in accordance with the provisions of this chapter.
(Ord. 1353 § 1(part), 1997)
The provisions of this chapter shall not apply to persons dancing or modeling at, or to any person or business providing dancers or models to, any bona fide and recognized school of art or other duly licensed educational institution.
(Ord. 1353 § 1, 1997)
A. 
Any person desiring to obtain a permit, or renew an existing permit to operate an outcall dance service, shall make application to the chief of police or his or her designated representative. Prior to submitting such application for a permit or renewal of a permit, a nonrefundable fee, as established by resolution of the city council, shall be paid to the department of finance to defray the cost of the investigation and report required by this chapter. The department of finance shall issue a receipt showing that such application or renewal fee has been paid. The receipt, or a copy thereof, shall be supplied by the applicant to the chief of police at the time such application is filed. The permit and issuance or renewal fees required under this chapter shall be in addition to any license, permit or fee required under any other chapter of this code.
B. 
Neither the filing of an application for a permit or renewal thereof, nor payment of an application or renewal fee, shall authorize the conducting of an outcall dance service until such permit has been granted or renewed.
C. 
Each applicant for an outcall dance service permit, or renewal thereof, shall furnish the following information:
1. 
The present or proposed address where the business is to be conducted;
2. 
The full, true name under which the business will be conducted;
For purposes of subsections (C)(3) through (C)(12), below, the term "applicant" also means and includes each natural person possessing a ten percent or greater ownership interest in the outcall dance service, and the information described shall be provided by each such owner;
3. 
The full, true name and any other names used by the applicant;
4. 
The present residence and business addresses and telephone numbers of the applicant;
5. 
Each residence and business address of the applicant for the five-year period immediately preceding the date of filing of the application and the inclusive dates of each such address;
6. 
California driver's license or identification number and Social Security number of the applicant;
7. 
Acceptable written proof that the applicant is at least eighteen years of age;
8. 
The applicant's height, weight, color of eyes and hair, and date of birth;
9. 
Two photographs of the applicant, at least two inches by two inches in size, taken within the six-month period immediately preceding the date of the filing of the application;
10. 
The business, occupation or employment history of the applicant for the five-year period immediately preceding the date of the filing of the application;
11. 
The permit history of the applicant, for the five-year period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this or any other city, county, state, or territory, has ever had any similar license or permit revoked or suspended, or has had any professional or vocational license or permit revoked or suspended;
12. 
All misdemeanor and felony criminal convictions suffered by the applicant, including the date, place, nature and sentence of each such conviction;
13. 
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, residence addresses and dates of birth of each of its current officers and directors, and each stockholder holding more than five percent of the stock in the corporation. If the applicant is a partnership or other form of business entity, the applicant shall set forth the names, residence addresses and dates of birth of each of the owners and partners, including limited partners, and any other persons possessing any ownership interest of any nature. If the applicant is a limited partnership, the applicant shall furnish a copy of the 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 corporation or partnership applicant 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 chapter, but only one application fee shall be charged;
14. 
A description of the services to be provided;
15. 
The true names and residential addresses of all persons employed or intended to be employed as outcall dancers;
16. 
Such other identification and/or information as the chief of police may require in order to discover the truth of the matters set forth in the application.
D. 
The applicant, if a natural person, or a designated responsible managing officer, if the applicant is a business entity, shall personally appear at the police department of the city and produce proof that the required application or renewal fee has been paid, and shall present the application containing the information and supporting documentation required by subsection C of this section.
E. 
The chief of police may require the applicant, if a natural person, any person possessing a ten percent or greater ownership interest in the outcall dance service, or the designated responsible managing officer, if the applicant is a business entity, to appear in person at the police department in order to be photographed and fingerprinted.
F. 
When any change occurs regarding the written information required by subsection C of this section to be included in the application, the applicant or permit holder, as the case may be, shall give written notification of such change to the chief of police within five business days after such change.
G. 
The chief of police shall have a reasonable period of time in which to investigate the application and background of the applicant. The chief of police, or his or her representative, shall, within sixty days after the date of the filing of the application, render a written recommendation to the city manager, as to approval or denial of the application for the permit or renewal thereof.
H. 
The city manager, or his or her designee (hereinafter referred to as city manager), within ten days after receiving the application and aforementioned recommendation from the chief of police, shall grant the permit, or renewal thereof, only if he or she finds that all of the following requirements have been met:
1. 
The required fees have been paid;
2. 
The application conforms in all respects to the provisions of this chapter;
3. 
The applicant has not knowingly made a material misrepresentation of fact in the application;
4. 
The applicant or any owner, if an individual, or any of the directors, officers or stockholders holding more than ten percent of the stock of the corporation, or any of the partners, including limited partners, the holder of any lien of any nature, if a natural person, or profit interest holder, manager or other person principally in charge of the operation of the existing or proposed outcall dance service, or a natural person employed or contracted with to be a dancer or to provide dance services, has not been convicted of any misdemeanor or felony crime within the previous ten years involving fraud or sexual misconduct including, but not limited to, all offenses listed in Penal Code Section 290, Penal Code Sections 311.2 through 311.7, Penal Code Sections 314 through 318, Penal Code Section 647, subsections (a), (b), (d), (h) or (k), Penal Code Section 647.6, or any offenses involving pimping, pandering, prostitution or lewd conduct; or has knowingly permitted, through an act of omission or commission, his or her employee or agent, while so employed, to engage in any type of fraud or sexual misconduct offense, whether misdemeanor or felony (under such circumstances, the conduct of the employee or agent, if such resulted in a conviction, will be considered imputed to the principal and shall be grounds for permit denial);
5. 
The outcall dance service, as proposed by the applicant, would comply with all applicable city, county and state laws, including but not limited to health, zoning, fire and safety requirements and standards; and
6. 
The applicant, manager or other person principally in charge of the operation of the business is at least eighteen years of age.
I. 
If the city manager does not find that all of the requirements set forth in subsections (H)(l) through (H)(6) of this section have been met, he or she shall deny the application for the permit or renewal thereof. In the event the application for the permit or renewal thereof is denied by the city manager, written notice of such denial shall be given within ten business days to the applicant, specifying the ground or grounds of such denial. Notice of denial of the application for the permit, or renewal thereof, shall be deemed to have been served when it is personally served on the applicant, or when deposited in the United States mail with postage prepaid and addressed to the applicant at the residence address set forth in the application for the permit or renewal thereof. Any applicant whose application for an outcall dance service, or renewal thereof, has been denied by the city manager, may appeal such denial to the city council as provided in Section 5.00.320 of this title. No applicant or owner of a ten percent or greater ownership whose application is denied or revoked may reapply less than one year after the effective date of such denial or revocation.
(Ord. 1353 § 1, 1997)
A. 
No holder of an outcall dance service permit shall employ as an outcall dancer any person under eighteen years of age.
B. 
No holder of an outcall dance service permit shall furnish any outcall dancer to, or accept employment from any patron, customer or person who is under eighteen years of age, except at the special instance and written request of a parent, guardian or other person in lawful custody of the person upon whose behalf the outcall dancer is engaged.
(Ord. 1353 § 1, 1997)
It is unlawful for any person to act as an outcall dancer unless there has been granted to such person a valid permit, pursuant to the provisions of this chapter. Such permit shall be issued to the employer of the outcall dancer, or the outcall dancer if self-employed, who must in turn also hold a valid outcall dance service permit issued by the city pursuant to the provisions of this chapter.
(Ord. 1353 § 1, 1997)
An outcall dancer permit, issued pursuant to the provisions of this chapter, which has not been suspended or revoked, may be renewed for a period of one year on written application to the chief of police made at least ninety days prior to the expiration date of the current valid permit. The application for renewal of a permit shall contain all of the information required in Section 5.30.130 of this chapter, and shall be processed in accordance with the provisions of this chapter.
(Ord. 1353 § 1, 1997)
Each outcall dancer permit holder shall be issued an identification card, which will also serve as the outcall dancer permit. The permit holder shall have such card in his or her immediate possession when acting as an outcall dancer and produce the same for inspection upon request. Each permit holder shall immediately surrender, to the chief of police, any outcall dancer permit issued by the city upon the final suspension, revocation, or expiration without renewal of such permit, or upon leaving employment as an outcall dancer.
(Ord. 1353 § 1, 1997)
A. 
Any person desiring to obtain a permit, or renewal of an existing permit, to act as an outcall dancer, shall make application to the chief of police or his or her designated representative. Prior to submitting such application for a permit or renewal of a permit, a nonrefundable fee, as established by resolution of the city council, shall be paid to the department of finance to defray the cost of investigation and report required by this chapter. The department of finance shall issue a receipt showing that such permit application or renewal fee has been paid. The receipt, or a copy thereof, shall be supplied by the applicant to the chief of police at the time such application is filed. The permit and issuance or renewal fees required under this chapter shall be in addition to any license, permit or fee required under any other chapter of this code.
B. 
Neither the filing of an application for a permit, or renewal thereof, nor the payment of an application or renewal fee, shall authorize a person to act as an outcall dancer until such permit has been granted or renewed.
C. 
Each applicant for an outcall dancer permit, or renewal thereof, shall furnish the information required by subsections (C)(1) through (C)(12) of Section 5.30.070 of this chapter, and shall, in addition, furnish the following information:
1. 
Satisfactory evidence that the applicant is employed, self-employed, or has been offered employment, by an outcall dance service holding a valid permit issued by the city, including the name and address of the employer or prospective employer and the fact that such employment or continued employment is contingent upon the issuance of such permit; and
2. 
Such other identification and information as the chief of police may require in order to discover the truth of the matters required to be set forth in the application.
D. 
The chief of police may require the applicant to appear in person at the police department in order to be photographed or fingerprinted.
E. 
The chief of police shall have a reasonable period of time in which to investigate the application and background of the applicant. The chief of police, or his or her representative, shall, within sixty days after the date of the filing of the application, render a written recommendation to the city manager as to approval or denial of the application for the permit or renewal thereof.
F. 
The city manager, within ten business days after receiving the application and aforementioned recommendation from the chief of police, shall grant the permit, or renewal thereof, only if he or she finds that all of the requirements of subsections (H)(l) through (H)(3) of Section 5.30.070 of this chapter have been met and, in addition, if he or she finds that the following additional requirements have been met:
1. 
The applicant is at least eighteen years of age.
2. 
The applicant has not been convicted of a misdemeanor or felony crime within the previous ten years involving fraud or sexual misconduct including, but not limited to, all offenses listed in Penal Code Section 290, Penal Code Sections 311.2 through 311.7, Penal Code Sections 314 through 318, Penal Code Section 647, subsections (a), (b), (d), (h) or (k), Penal Code Section 647.6, or any offenses involving pimping, pandering, prostitution or lewd conduct.
G. 
If the city manager does not find that all of the requirements set forth in subsection F of this section have been met, he or she shall deny the application for the permit or renewal thereof. In the event the application for the permit, or renewal thereof, is denied by the city manager, written notice of such denial shall be given within ten business days to the applicant specifying the ground or grounds of such denial. Notice of denial of the application for the permit, or renewal thereof, shall be deemed to have been served when it is personally served on the applicant or when deposited in the United States Mail with postage prepaid and addressed to the applicant at his or her residence address as set forth in the application for the permit or renewal thereof. Any applicant whose application for an outcall dancer permit, or renewal thereof, has been denied by the city manager, may appeal such denial to the city council as provided in Section 5.00.320 of this title.
H. 
When any change occurs regarding the written information required by subsection C of this section, the permit holder shall give written notification of such change to the chief of police within five business days after such change.
(Ord. 1353 § 1, 1997)
No holder of an outcall dancer permit shall provide or offer to provide services as an outcall dancer to any person under eighteen years of age, except at the special instance and written request of the parent, guardian or other person in lawful custody of the person on whose behalf the dancer is engaged.
(Ord. 1353 § 1, 1997)
Unless prior application is made, thereafter approved, and a permit issued thereon, upon the sale or transfer of any interest in an outcall dance service the permit shall immediately become null and void. A new application shall be made by any person, firm or entity desiring to own or operate the outcall dance service. A fee as established by resolution of city council shall be payable for each such application. Any application involving the sale or other transfer of any interest in an existing outcall dance service, as well as any permit which may thereafter be granted, shall be subject to the provisions of this chapter.
(Ord. 1353 § 1, 1997)
A. 
A holder of a valid outcall dance service permit shall notify, in writing, the chief of police and director of planning of any change in the business location. Such notification shall be made at least ten business days prior to such change.
B. 
No permit holder shall operate an outcall dance service under any name or designation not specified in the permit.
(Ord. 1353 § 1, 1997)
A. 
If the city manager finds that any person holding an outcall dance service permit under the provisions of this chapter has violated any of the provisions of this chapter or conducts such business in a manner as would have been grounds for denial of a permit as set forth in subsection H of Section 5.30.070 of this chapter, or if the city manager finds that any person holding an outcall dancer permit is engaging in behavior or actions which violate any of the provisions of this chapter, code or state law, or which would have been grounds for denial of a permit as set forth in subsection F of Section 5.30.130 of this chapter, he or she may suspend or revoke the permit.
B. 
No such suspension or revocation shall become effective until the permit holder has been notified in writing of the right of such permit holder to appeal the suspension or revocation pursuant to the provisions of Section 5.00.320 of this title. Notification to the permit holder shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permit holder at such permit holder's residence address as set forth on the application for a permit or renewal thereof.
C. 
If a timely appeal is filed, the suspension or revocation shall be stayed pending final decision of the city council, unless the suspension or revocation is based upon the arrest of a permit holder. In such instance, the permit may be immediately suspended pending notice to the permit holder and timely filing of an appeal. If no appeal is timely filed, the suspension or revocation shall become effective upon expiration of the appeal period. Following hearing by the city council of any appeal, it may sustain, modify or reverse, with or without conditions, the decision to suspend or revoke.
(Ord. 1353 § 1, 1997)