Article II Application and Permits

Sexually-oriented business regulatory permits are nontransferable, except in accordance with Section 6-80.080. Therefore, all applications shall include the following information:

If the applicant is an individual, the individual shall state his or her legal name, including any aliases, and address, and submit satisfactory written proof that he or she is at least 18 years of age.

If the 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 attach a copy of the partnership agreement, if any.

If the 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 California, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered officer for service of process.

A description of the type of sexually-oriented business for which the permit is requested and the proposed address where the sexually-oriented business will operate, plus the names and addresses of the owners and lessors of the sexually-oriented business site.

(5)

The address to which notice of action on the application is to be mailed.

(6)

The names of all employees, independent contractors, and other persons, then known, who will perform at the sexually-oriented business, who are required by Section 6-80.090 to obtain a sexually-oriented business performer license (for ongoing reporting requirements see Section 6-80.090).

(7)

A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the sexually-oriented business. The sketch or diagram need not be professionally prepared, but must be 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.

(8)

A scale map and drawing prepared within 30 days prior to application depicting the building and the portion thereof to be occupied by the sexually-oriented business, and (1) the property line of any other sexually-oriented business within 1,000 feet of the primary entrance of the sexually-oriented business for which a permit is requested; and (2) the property lines of any church, school, park, residential zone or use within 1,000 feet of the primary entrance of the sexually-oriented business.

A scale map drawing of the off-street parking areas and premises entries of the sexually-oriented business showing the location of the lighting system required by Section 6-80.130(C).

If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity and each individual with a 10 percent or greater interest in the business entity shall sign the application.

If the applicant intends to operate the sexually-oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the sexually-oriented business and show proof of registration of the fictitious name.

§ 6-80.060 Investigation and action on application for sexually-oriented business regulatory permit.

If the Police Chief determines that the applicant has completed the application improperly, the Police Chief shall promptly notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of 10 days or less to complete the application properly. In addition, the applicant may request an extension, not to exceed 10 days, of the time for the Police Chief to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.

(F)

The fact that an applicant possesses other types of State or City permits or licenses does not exempt the applicant from the requirement of obtaining a sexually- oriented business regulatory permit.

(Ord. 3466 § 3, 2000)

Upon receipt of a completed application and payment of the application and permit fees, the Police Chief shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued a sexually-oriented business regulatory permit.

Within 15 working days of receipt of the completed application, the Police Chief shall complete the investigation, grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows:

The Police Chief shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

If the application is denied, the Police Chief shall attach to the application a statement of the reasons for denial.

If the application is granted, the Police Chief shall attach to the application a sexually-oriented business regulatory permit.

The application as granted or denied and the permit, if any, shall be placed in the United States mail, first-class postage prepaid, addressed to the applicant at the address stated in the application.

The Police Chief shall grant the application and issue the sexually-oriented business regulatory permit upon findings that the proposed business meets the locational criteria of Section 20-40.030 and that the applicant has met all of the development and performance standards and requirements of Section 6-80.130, unless the application is denied for one or more of the reasons set forth in Section 6-80.070. The permittee shall post the permit conspicuously in the sexually-oriented business premises.

If the Police Chief grants the application or if the Police Chief neither grants nor denies the application within 15 days after it is stamped as received (except as provided in Section 6-80.050(E)), the applicant may begin operating the sexually-oriented business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of Section 6-80.130.

(Ord. 3466 § 3, 2000)

§ 6-80.070 Permit denial.

The Police Chief shall deny the application for any of the following reasons:

The building, structure, equipment, or location used by the business for which a sexually-oriented business regulatory permit is required does not comply with the requirements and standards of the health, zoning, building, fire and safety laws of the City and the State of California, or with the locational or development and performance standards and requirements of these regulations.

The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a sexually-oriented business regulatory permit.

An applicant is under 18 years of age.

The required application fee has not been paid.

§ 6-80.080 Transfer of sexually-oriented business regulatory permits.

The sexually-oriented business does not comply with the zoning code locations standards of Section 20-40.030.

Each such sexually-oriented business regulatory permit shall expire one year from the date of issuance, and may be renewed only by filing with the Police Chief a written request for renewal, accompanied by the annual permit fee and a copy of the permit to be renewed. The request for renewal shall be made at least 45 days before the expiration date of the permit. When made less than 45 days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided herein for action upon applications for permits.

(Ord. 3466 § 3, 2000)

A permittee shall not operate a sexually-oriented business under the authority of a sexually-oriented business regulatory permit at any place other than the address of the sexually-oriented business stated in the application for the permit.

A permittee shall not transfer ownership or control of a permitted sexually-oriented business or transfer a sexually-oriented business regulatory permit to another person unless and until the transferee obtains an amendment to the permit from the Police Chief stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the Police Chief in accordance with Sections 6-80.040 and 6-80.050, accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the Police Chief determines in accordance with Section 6-80.060 that the transferee would be entitled to the issuance of an original permit.

No permit may be transferred when the Police Chief has notified the permittee that the permit has been or may be suspended or revoked.

§ 6-80.090 Sexually-oriented business performer permit.

Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked.

(Ord. 3466 § 3, 2000)

No person shall engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in a sexually-oriented business, without a valid sexually-oriented business performer permit issued by the City. All persons who have been issued a sexually-oriented business regulatory permit shall promptly supplement the information provided as part of the application for the permit required by Section 6-80.040, with the names of all performers required to obtain a sexually-oriented business performer permit, within 30 days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the sexually-oriented business regulatory permit.

The Police Chief shall grant, deny and renew sexually-oriented business performer permits.

The application for a permit shall be made on a form provided by the Police Chief. An original and two copies of the completed and sworn permit application shall be filed with the Police Chief.

The completed application shall contain the following information and be accompanied by the following documents:

The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant;

Age, date and place of birth;

Height, weight, hair color and eye color;

Present residence address and telephone number;

(5)

Whether and when the applicant:

(a)

Has ever been convicted of any of the offenses set forth in Sections 315 (Keeping or residing in house of ill-fame), 316 (Keeping disorderly house), 266a (Procurement by force or fraud), 266b (Compelling an illicit relationship), 266c (Inducing consent to sexual act by fraud or fear), 266e (Acquiring prostitute), 266g (Procurement of wife by husband), 266h (Pimping), 266i (Pandering), 273 (Payment or receipt of payment for adoption; Payment of maternity expenses as charity; Fraudulent receipt of expenses by parents), 647(a) (Transportation of person to shelter), 647(b) (Annoying or molesting person attending adult school) and 647(d) (Repetitive intoxication offenses; Alcohol treatment and recovery program) of the California Penal Code and all criminal sections contained in Chapter 6 of the California Health and Safety Code as those sections now exist or may hereafter be amended or renumbered, or the equivalent of the aforesaid offenses outside the State of California,

(b)

Must register pursuant to Section 290 (Registration of sex offenders) of the California Penal Code or Section 11590 (Convicted person registration with chief of police or sheriff) of the California Health and Safety Code, or the equivalent of the aforesaid sections outside the State of California;

(6)

Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution;

(7)

State driver's license or identification number;

(8)

Satisfactory written proof that the applicant is at least 18 years of age;

(9)

The applicant's fingerprints on a form provided by the Police Department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant;

(10)

If the application is made for the purpose of renewing a license, the applicant shall attach a copy of the license to be renewed.

§ 6-80.100 Investigation and action on application for sexually-oriented business performer permit.

The completed application shall be accompanied by a non-refundable application fee. The amount of the fee shall be set by resolution of the City Council.

(F)

Upon receipt of an application and payment of the application fees, the Police Chief shall immediately stamp the application as received and promptly investigate the application.

(G)

If the Police Chief determines that the applicant has completed the application improperly, the Police Chief shall promptly notify the applicant of such fact and grant the applicant an extension of time of not more than 10 days to complete the application properly. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.

(Ord. 3466 § 3, 2000)

Within 15 business days after receipt of the properly completed application, the Police Chief shall grant or deny the application and so notify the applicant as follows:

The Police Chief shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

If the application is denied, the Police Chief shall attach to the application a statement of the reasons for denial.

If the application is granted, the Police Chief shall attach to the application a sexually-oriented business performer permit.

The application as granted or denied and the permit, if any, shall be placed in the United States mail, first-class postage prepaid, addressed to the applicant at the residence address stated in the application.

The Police Chief shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in subsection (D) of this section.

If the Police Chief grants the application and issues the permit or if the Police Chief neither grants nor denies the application within 15 business days after it is stamped as received (except as provided in Section 6-80.090(G)), the applicant may begin performing in the capacity for which the license was sought.

The Police Chief shall deny the application for any of the following reasons:

The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a permit or in any report or document required to be filed with the application;

The applicant is under 18 years of age;

The sexually-oriented business performer permit is to be used for performing in a business prohibited by State or City law;

The applicant has been convicted of any of the offenses enumerated in Section 6-80.090(D)(5) or convicted of an offense outside the State of California that would have constituted any of the described offenses if committed within the State of California. A permit may be issued to any person convicted of the described crimes if the conviction occurred more than five years prior to the date of the application, except those applicants who must register pursuant to Section 290 of the California Penal Code (Registration of sex offenders) or Section 11590 of the California Health and Safety Code (Convicted person registration with chief of police or sheriff) will not be issued a permit.

§ 6-80.110 Suspension or revocation of sexually-oriented business regulatory permits and sexually-oriented business performer permits.

Each sexually-oriented business performer permit shall expire one year from the date of issuance and may be renewed only by filing with the Police Chief a written request for renewal, accompanied by the application fee and a copy of the permit to be renewed. The request for renewal shall be made at least 45 days before the expiration date of the permit. When made less than 45 days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided herein for applications for permits.

(Ord. 3466 § 3, 2000)

A sexually-oriented business regulatory permit or sexually-oriented business performer permit may be suspended or revoked in accordance with the procedures and standards of this section.

On determining that grounds for permit revocation exist, the Police Chief shall furnish written notice of the proposed suspension or revocation to the permittee. Such notices shall set forth the time and place of a hearing (to be set within 15 working days of the mailing of written notice), and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least 10 days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the Police Chief, but at a minimum shall include the following:

All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The Police Chief's decision may be appealed in accordance with Section 6-80.120.

A permittee may be subject to suspension or revocation of his or her permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder, or manager of a sexually-oriented business:

The permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the City.

The permittee, employee, agent, partner, director, stockholder, or manager of a sexually-oriented business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the sexually-oriented business, or in the case of a sexually-oriented business performer, the permittee has engaged in one of the activities described below while on the premises of a sexually-oriented business:

(a)

Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation;

(b)

Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur;

(c)

Any conduct constituting a criminal offense which requires registration under Section 290 (Registration of sex offenders) of the California Penal Code;

(d)

The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315 (Keeping or residing in house of ill fame), 316 (Keeping disorderly house), or 318 (Prevailing upon person to visit place for gambling or prostitution) or Subdivision b of Section 647 (Annoying or molesting person attending adult school) of the California Penal Code;

(e)

Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 (Definitions: "Obscene matter" and other terms) through 313.4 (Punishment for distribution or exhibition of harmful matter to minor);

(f)

Any conduct prohibited by this chapter.

Failure to abide by a disciplinary action previously imposed by an appropriate City official.

After holding the hearing in accordance with the provisions of this section, if the Police Chief finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the Police Chief shall impose one of the following:

A warning;

Suspension of the permit for a specified period not to exceed six months;