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)
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)
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)