It is the purpose and intent of this section to provide for the licensing of adult business performers in order to promote the health, safety, and general welfare of the citizens of the city. The goals of the performer licensing provisions are: (1) to protect minors by requiring that all performers be over the age of 18; (2) to assure the correct identification of persons performing in adult businesses; (3) to enable the city to deploy law enforcement resources effectively; and (4) to detect and discourage the involvement of crime in adult businesses by precluding the licensing of performers with certain sex-related convictions in a set time period. It is neither the intent nor the effect of these regulations to invade the privacy of performers or to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of these regulations to restrict or deny access by adults to communicative materials or to deny access by the distributors or exhibitors of adult businesses to their intended lawful market. Nothing in these regulations is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any city ordinance or any statute of the state of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof.
The definitions contained in the Moreno Valley Municipal Code, specifically those found in Title 9 shall govern for purposes of these regulations.
(Ord. 613 § 3, 2002)
A. 
No performer shall be employed, hired, engaged, or otherwise retained in an adult business to participate in or give any live performance displaying specified anatomical areas or specified sexual activities without first having a valid adult business performer license issued by the city.
B. 
The chief of police ("chief") or designee shall grant, deny, and renew adult business performer licenses in accordance with these regulations.
C. 
License applicants shall file a written, signed, and verified application or renewal application on a form provided by the police department and shall remit the required application fee. Such application shall contain the following information:
1. 
The full and complete name of the applicant, including all aliases, nicknames, stage names, and any other name by which the applicant has been known.
2. 
The applicant's current complete residence address and telephone number, including all residential addresses of the applicant for the five years immediately preceding the date of the application.
3. 
The applicant's California driver's license number or California identification card number.
4. 
The applicant's age, date and place of birth.
5. 
The applicant's gender, height, weight, hair and eye color and tattoo descriptions and locations.
6. 
Each present and/or proposed business address(es) and telephone number(s) of the establishments at which the applicant intends to work.
7. 
Social security number.
8. 
Satisfactory written proof that the license applicant is at least 18 years of age.
9. 
The license applicant's fingerprints in the manner and form required by the police department and a color two by two inch photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant. The photograph shall be taken within six months prior to the date of application. The applicant needs to make an appointment with the Police Department for fingerprinting to occur.
10. 
Whether the license applicant, has pled guilty or nolo contendere or been convicted of an offense classified by this or any other state as a sex-related offense and (a) less than two years have elapsed since the date of conviction or the date of release from confinement for a conviction to the date of application, whichever is the later date, if the conviction is a misdemeanor; or (b) less than five years have elapsed since the date of conviction or the date of release from confinement for a conviction to the date of conviction, whichever is the later date, if the conviction is a felony; or (c) less 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.
11. 
If the application is made for the purpose of renewing a license, the license applicant shall attach a copy of the license to be renewed.
D. 
The applicant shall authorize, in writing, the chief, or his or her designee, employees of the police department, and the city and its agents and employees to seek information and to conduct an investigation into the truth of the statements set forth in the application and into the background of the applicant.
E. 
The completed application shall be accompanied by a non-refundable application fee for an adult business performer license and an annual license fee. The amount of such fees shall be as set forth in the schedule of fees established by resolution from time to time by the city council.
F. 
The completeness of an application shall be immediately determined by the chief or his or her designee upon its submittal. The chief his or her designee must be available during normal working hours Monday through Friday to accept adult business performer applications. If the chief or his or her designee determines that the application is incomplete, he or she shall immediately inform the applicant of such fact and the reasons therefor, including any additional information necessary to render the application complete. Upon receipt of a completed adult business performer application and payment of the license fee specified in subsection (D) above, the chief or his or her designee shall immediately issue a temporary license which shall expire of its own accord 10 business days from the date of issuance and shall only be extended as provided in Section 11.07.030(H).
This temporary adult business performer license shall authorize a performer to commence performance at an adult business establishment that possesses a valid adult business use permit authorized to provide live entertainment.
G. 
The fact that a license applicant possesses other types of state or city permits or licenses does not exempt the license applicant from the requirement of obtaining an adult business performer license.
H. 
The applicant shall submit in writing any change of address or fact that may occur during the process of applying for an adult use performer license within 15 days of such occurrence.
(Ord. 613 § 3, 2002)
A. 
Upon submission of a completed application, payment of license fees, and issuance of a temporary adult business performer license pursuant to Section 11.07.020, the chief or his or her designee shall immediately stamp the application "Received" and in conjunction with city staff, including members of the police department, shall promptly investigate the information contained in the application to determine whether the license applicant should be issued an adult business performer license.
B. 
Investigation shall not be grounds for the city to unilaterally delay in reviewing a completed application. The chief's decision to grant or deny the adult business performer license shall be made within 20 business days from the date the temporary license was issued and in no case shall the decision to grant or deny the license application be made after the expiration of the temporary license.
C. 
The chief shall render a written decision to grant or deny the license within the foregoing 20 day period. Said decision shall be mailed first class postage prepaid or hand delivered to the applicant, within the foregoing 10 day period, at the address provided by the applicant in the application.
D. 
The chief or his or her designee shall notify the applicant as follows:
1. 
The chief or his or her designee shall write or stamp "Approved" or "Denied" on the application and date and sign such notation.
2. 
If the application is denied, the chief or his or her designee shall attach to the application a statement of the reasons for the denial. Such notice shall also provide that the license applicant may appeal the denial to the city council in accordance with Section 11.07.050.
3. 
If the application is approved, the chief or his or her designee shall attach to the application an adult business performer license.
4. 
The application, as acted upon, and the license, if any, shall be placed in the United States mail, first class postage prepaid, or hand delivered, addressed to the license applicant at the residence address stated in the application in accordance with the time frames established herein.
E. 
The chief or his or her designee shall grant the application and issue the license unless the application is denied based on one of the grounds set forth in subsection (F) of this section.
F. 
The chief or his or her designee shall deny the application based on any of the following grounds:
1. 
The license applicant has made false, misleading, or fraudulent statement of material fact in the application for an adult business performer license.
2. 
The license applicant is under 18 years of age.
3. 
The adult business performer license is to be used for performing in a business prohibited by laws of the state or city or a business that does not have a valid adult business use permit.
4. 
The license applicant, has pled guilty, nolo contendere or been convicted of an offense classified by this or any other state as a sex-related offense and (a) less 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) less 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) less 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.
G. 
Failure of the chief or his or her designee to render a decision on the license within the time frames established by this section shall be deemed to constitute an approval, subject to appeal to the city council, pursuant to Section 11.07.050.
H. 
Each adult business performer license, other than the temporary license described in Section 11.07.020(F), shall expire one year from the date of issuance and may be renewed only by filing with the Police Department a written request for renewal, accompanied by the annual license fee and a copy of the license to be renewed. If said application conforms to the previously approved application and there has been no change with respect to the license holder being convicted of any crime classified by this or any other state as a sex-related offense, the chief or his or her designee shall renew the license for one year. Any plea to or conviction of a sex-related offense requires the renewal application to be set for hearing before the chief in accordance with the provisions of this section. The request for renewal shall be made at least 30 days before the expiration date of the license. Applications for renewal shall be acted upon as provided herein for action upon applications for license. The chief's denial of a renewal application is appealable pursuant to the provisions of Section 11.07.050.
(Ord. 613 § 3, 2002)
A. 
On determining that grounds for license revocation exist, the chief or his or her designee shall furnish written notice of the proposed suspension or revocation to the license holder. Such notice shall set forth the time and place of a hearing before the city manager or his or her designee ("city manager") and the ground or grounds upon which the hearing is based, the pertinent Moreno Valley Municipal 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 license holder, or shall be delivered to the license holder personally, at least 10 days prior to the hearing date.
B. 
The applicant shall have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues and may be represented by counsel. The city manager shall not be bound by the formal rules of evidence. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness at the request of the licensee. Extensions of time or continuances sought by a licensee shall not be considered delay on the part of the city or constitute failure by the city to provide for prompt decisions on license suspensions or revocations.
C. 
A license may be revoked, based on any of the following causes arising from the acts or omissions of the permit holder:
1. 
The licensee has made any false, misleading, or fraudulent statement of material fact in the application for a performer license.
2. 
The licensee has pled guilty, nolo contendere or been convicted of an offense classified by this or any other state as a sex-related offense and (a) less 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) less 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) less 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.
D. 
After holding the hearing in accordance with the provisions of this section, if the city manager finds and determines that there are grounds for revocation, the city manager shall revoke the license. The city manager shall render a written decision that shall be hand delivered or overnight mailed to the license holder within five business days of the hearing. The city manager's failure to render such a decision within this time frame shall constitute an approval, subject to appeal to the city council, pursuant to Section 11.07.050.
E. 
Any applicant may appeal the decision of the city manager in writing within 15 calendar days in accordance with the provisions of Section 11.07.050.
F. 
Any license applicant who appeals the decision of the city manager may continue to perform pursuant to the applicant's temporary adult business performer license until a final decision has been rendered by the city council pursuant to Section 11.07.050.
G. 
In the event a permit is revoked pursuant to this section, another adult business performer license shall not be granted to the licensee within 12 months after the date of such revocation.
(Ord. 613 § 3, 2002)
A. 
Any applicant may appeal the decision of the city manager to the city council in writing within 15 calendar days after the city manager's written decision.
B. 
Consideration of an appeal of the city manager's decision shall be at a public hearing, notice of which shall be given pursuant to California Government Code Sections 65091 and 65905 and which hearing shall occur within 30 calendar days of the filing or initiation of the appeal.
C. 
The city council action on the appeal of the city manager's decision shall be by a majority vote of the members present and upon the conclusion of the de novo public hearing, the city council shall grant or deny the appeal. The city council's decision shall be final and conclusive and shall be rendered in writing within five business days of the hearing, such written decision to be immediately mailed to the party appealing the city manager's decision.
D. 
In reaching its decision, the city council shall not be bound by the formal rules of evidence.
E. 
Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this division or may request a continuance regarding any decision or consideration by the city of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the city or constitute failure by the city to provide for prompt decisions on applications.
F. 
Failure of the city council to render a decision on any appeal within the time frames established by this section shall be deemed to constitute an approval or reinstatement of the adult business performer license.
G. 
The time for a court challenge to a decision of the city council is governed by California Code of Civil Procedure Section 1094.8.
H. 
Notice of the city council's decision and its findings shall include citation to California Code of Civil Procedure Section 1094.8.
I. 
Any applicant or license holder whose permit has been denied, suspended, or revoked, pursuant to this section shall be afforded prompt judicial review of that decision as provided by California Code of Civil Procedure Section 1094.8.
(Ord. 613 § 3, 2002)
The chief shall provide each adult business performer required to have a license pursuant to Section 11.07.020 with an identification card containing the name, address, photograph, and permit number of such performer. Every performer shall have such card available for inspection at all times during which he or she is on the premises of the adult business at which he or she performs.
(Ord. 613 § 3, 2002)
No adult business performer license may be sold, transferred, or assigned by any licensee or by operation of law, to any other person, group, partnership, corporation, or any other entity. Any such sale, transfer, or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of the adult business performer license, and the license thereafter shall be null and void.
(Ord. 613 § 3, 2002)
All persons required by Section 11.07.020 to obtain an adult business performer license must apply for and obtain such adult business performer license within 90 days of the effective date of this section. Failure to do so and continued performance that displays specified anatomical areas or specified sexual activities in an adult business after such time without a permit or license shall constitute a violation of this section.
(Ord. 613 § 3, 2002)
A. 
Any licensee violating or causing the violation of any of these provisions regulating adult business performer licenses shall be subject to license revocation pursuant to Section 11.07.040 above and any and all other civil remedies. All remedies provided herein shall be cumulative and not exclusive.
B. 
The restrictions imposed pursuant to this section are part of a regulatory licensing process, and do not constitute a criminal offense. Notwithstanding any other provision of the Moreno Valley Municipal Code, the city does not impose a criminal penalty for violations of the provisions of this ordinance related to sexual conduct or activities.
(Ord. 613 § 3, 2002)
The provisions of this section regulating adult business performer licenses are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the licensing provisions as adopted by the city council of the city of Moreno Valley.
(Ord. 613 § 3, 2002)
If any section, subsection, paragraph, sentence, clause, or phrase of this section and the ordinance to which it is a part, or any part thereof is held for any reason to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, the remaining sections, subsections, paragraphs, sentences, clauses, and phrases shall not be affected thereby. The city council hereby declares that it would have adopted this section and the ordinance to which it is a part regardless of the fact that one or more sections, subsections, paragraphs, sentences, clauses, or phrases may be determined to be unconstitutional, invalid, or ineffective.
(Ord. 613 § 3, 2002)