City of Atascadero, CA Article 2 Application and Permits

§ 5-10.201 Adult oriented business regulatory permit required.

(a) Every person who proposes to maintain, operate or conduct an adult oriented business in the City of Atascadero shall file an application with the City upon a form provided by the City of Atascadero and shall pay a filing fee, as established by resolution adopted by the City Council from time to time, which shall not be refundable. The fee established may not exceed the cost of processing the application.

The City's designee is responsible for granting, denying, revoking, suspending and canceling adult oriented business permits for proposed or existing adult oriented businesses.

(Ord. 380 § 3, 2001)

§ 5-10.202 Applications.

(a) Adult oriented business regulatory permits are nontransferable, except in accordance with Section 5-10.205. Therefore, all applications shall include the following information:

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

(2) If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, whether the partnership is general or limited.

(3) 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 office for service of process.

(b) 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 shall sign the application.

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

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

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

(f) The names of all employees, independent contractors and other persons who will perform at the adult oriented business, who are required by Section 5-10.206 to obtain an adult oriented business performer license (for ongoing reporting requirements see Section 5-10.206).

(g) A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult 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.

(h) A diagram of the off-street parking areas and premises entries of the adult oriented business showing the location of the lighting system required by Section 5-10.301(c).

(Ord. 380 § 3, 2001)

§ 5-10.203 Investigation and action on application.

(a) Upon receipt of a completed application and payment of the application and permit fees, the City shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the application is complete and whether the applicant shall be issued an adult oriented business regulatory permit.

(b) Upon receipt of an application properly filed with the City, and upon payment of the nonrefundable application fee, the City or its designee shall immediately stamp the application as received on that date. Within two business days of receipt the City shall determine whether or not the application is complete. If the application is not complete the City shall promptly notify the applicant of that fact. The time period for granting or denying a permit shall be stayed during the period win which the application is incomplete.

(c) Within 15 days of receipt of the completed application, the City's designee shall complete the investigation, grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows:

(1) The City's designee shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

(2) If the application is denied, the City's designee shall attach to the application a statement of the reasons for denial.

(3) If the application is granted, the City's designee shall attach to the application an adult oriented business regulatory permit.

(4) 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.

(d) The City's designee shall grant the application and issue the adult oriented business regulatory permit upon findings that the proposed business meets the locational criteria of Section 9-16.03, unless the application is denied. The permittee shall post the permit conspicuously in the adult oriented business premises.

(e) If the City's designee grants the application or if the City's designee neither grants nor denies the application within 15 days after it is stamped as received (except as provided in Section 5-10.202 (j), the applicant may begin operating the adult oriented business for which the permit was sought subject to compliance with the development and performance standards and requirements of Section 5-10.301. Compliance with all portions of the Atascadero Municipal Code is a condition of any permit issued pursuant to this chapter.

(Ord. 380 § 3, 2001)

§ 5-10.204 Permit denial.

The City's designee shall deny the application for any of the following reasons:

(a) The building, structure, equipment or location used by the business for which an adult oriented business regulatory permit is required do not comply with the locational or development and performance standards and requirements of these regulations;

(b) 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 an adult oriented business regulatory permit;

(c) An applicant is under 18 years of age;

(d) The required application fee has not been paid.

(Ord. 380 § 3, 2001)

§ 5-10.205 Transfer of adult oriented business regulatory permits.

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

(b) A permittee shall not transfer ownership or control of an adult oriented business or transfer an adult oriented business regulatory permit to another person unless and until the transferee obtains an amendment to the permit from the City's designee stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the City's designee in accordance with Sections 5-10.201 and 5-10.202, accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the City's designee determines in accordance with Section 5-10.203 that the transferee would be entitled to the issuance of an original permit.

(Ord. 380 § 3, 2001)

§ 5-10.206 Adult oriented business performer permit.

(a) No person shall engage in or participate in any live performance with an emphasis upon specified anatomical areas (see Section 9-16.02) or specified sexual activities (see Section 9-16.02) in an adult oriented business, without a valid adult oriented business performer permit issued by the City. All persons who have been issued an adult oriented business regulatory permit shall promptly supplement the information provided as part of the application for the permit required by Section 5-10.201, with the names of all performers required to obtain an adult oriented business performer permit, within 30 days of any change in the information originally submitted.

(b) The City's designee shall grant, deny and renew adult oriented business performer permits.

(c) The application for a permit shall be made on a form provided by the City's designee. An original and two copies of the completed and sworn permit application shall be filed with the City's designee.

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

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

(2) Age, date and place of birth;

(3) Height, weight, hair and eye color;

(4) Present residence address and telephone number;

(5) Whether the applicant has ever been convicted of:

(i) Any of the offenses set forth in Sections 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d) of the California Penal Code as those sections now exist or may hereafter be amended or renumbered.

(ii) The equivalent of the aforesaid offenses 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) If the application is made for the purpose of renewing a license, the applicant shall attach a copy of the license to be renewed.

(e) The completed application shall be accompanied by a nonrefundable application fee. The amount of the fee shall be set by resolution of the City Council. The amount of such fee may not exceed the cost of processing the application.

(f) Upon receipt of an application and payment of the application fees, the City's designee shall immediately stamp the application as received and promptly investigate the application.

(g) If the City's designee determines that the applicant has completed the application improperly, the City's designee shall promptly notify the applicant of such fact. The time period for granting or denying a permit shall be stayed during the period in which the application is incomplete.

(Ord. 380 § 3, 2001)

§ 5-10.207 Investigation and action on application.

(a) Within two business days after receipt of the completed application, the City's designee shall grant or deny the application and so notify the applicant as follows:

(1) The City's designee shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

(2) If the application is denied, the City's designee shall attach to the application a statement of the reasons for denial.

(3) If the application is granted, the City's designee shall attach to the application an adult oriented business performer permit.

(4) 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.

(b) The City's designee 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.

(c) If the City's designee grants the application or if the City's designee neither grants nor denies the application within two business days after it is stamped as received (except as provided in Section 5-10.206 (g), the applicant may begin performing in the capacity for which the license was sought.

(d) The City's designee shall deny the application for any of the following reasons:

(1) The applicant has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit;

(2) The applicant is under 18 years of age;

(3) The adult oriented business performer permit is to be used for performing in a business prohibited by State or City law.

(4) The applicant has been registered in any state as a prostitute.

(5) The applicant has been convicted of any of the offenses enumerated in Section 9-30.206(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.

(e) Each adult oriented business performer permit shall expire one year from the date of issuance and may be renewed only by filing with the City's designee 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 30 days before the expiration date of the permit. Applications for renewal shall be acted on as provided herein for applications for permits.

(Ord. 380 § 3, 2001)

§ 5-10.208 Appeal of denial, suspension or revocation.

(a) Administrative appeal to the City Council.

(1) After denial of an application or suspension or revocation of a permit, the applicant or permittee may seek prompt review of such administrative action through the City Council, under the provisions of the Atascadero Municipal Code and may appeal any decision of the City Council to the Superior Court pursuant to California Code of Civil Procedure 1094.8.

(Ord. 380 § 3, 2001)