It is the purpose and intent of this article to provide for
the licensing of adult business performers in order to promote the
health, safety, and general welfare 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 years; (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.
(Ord. No. 2007-05 § 4, 3-21-07)
(a)
No performer shall be employed, hired, engaged, or otherwise retained in an adult business as defined in Chapter 16E, Article 1, section 16E-2 of this code 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
director of community development or his or her 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 director of community
development. Such application shall contain the following information:
(1)
The license applicant's legal name and any other names (including
"stage names" and aliases) used by the applicant.
(2)
Principal place of residence.
(3)
Age, date and place of birth.
(4)
Height, weight, hair and eye color and tattoo descriptions and locations.
(5)
Each present and/or proposed business address(es) and telephone number(s)
of the establishments at which the applicant intends to work.
(6)
Driver's license or identification number and state of issuance.
(7)
Social security number.
(8)
Satisfactory written proof that the license applicant is a least
18 years of age.
(9)
The license applicant's fingerprints on a form provided by the Escondido
police department and two color two by two inch photographs clearly
showing the applicant's face. Any fees for the photographs and fingerprints
shall be paid by the applicant. Fingerprints and photographs shall
be taken within six months of the date of application.
(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
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 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 information provided above in subsection (c) which is personal, private, confidential or the disclosure of which could expose the applicant to the risk of harm will not be disclosed under the California Public Records Act. Such information includes, but is not limited to, the applicant's residence address, telephone number, date of birth and age, driver's license and social security numbers. The planning commission in recommending adoption of the application and licensing and/or permit system set forth herein has determined in accordance with Government Code Section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this chapter by ensuring that the applicant's privacy, confidentiality or security interest are protected. The city clerk shall cause the above mentioned information to be redacted from any copy of a completed application form made available to any member of the public.
(e)
The
completed application shall be accompanied by a nonrefundable application
fee 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 determined within two city business days by the director of community development or his or her designee. The director of community development or his or her designee must be available during normal working hours Monday through Friday to accept adult business performer applications. If the director of community development determines that the application is incomplete, the director of community development 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 (e) above, the director of community development shall immediately issue a temporary license which shall expire of its own accord 14 business days from the date of issuance. However, if the results of the fingerprint investigation have not been received at the expiration of the period, the temporary license shall automatically renew for a 14 business day period, until the results are received, or shall be extended as provided in section 16E-13.
(g)
This
temporary adult business performer license shall authorize a performer
to commence performance at an adult business establishment that possesses
a valid adult business license authorized to provide adult live entertainment.
(h)
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.
(Ord. No. 2007-05 § 4, 3-21-07)
(a)
Upon submission of a completed application, payment of license fees, and issuance of a temporary adult business performer license pursuant to section 16E-12, the director of community development 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 director of community development's decision
to grant or deny the adult business performer license shall be made
within 14 business days from the date the temporary license was issued.
In the event the director of community development is unable to complete
the investigation within 14 city business days, he or she shall promptly
notify the license applicant and extend the temporary license for
up to 10 additional city business days. In no case shall the investigation
exceed 24 city business days, nor shall the decision to grant or deny
the license application be made after the expiration of the temporary
license.
(c)
The
director of community development shall render a written decision
to grant or deny the license within the time period set forth in section
16E-13(b). The decision shall be mailed first class postage prepaid
or hand delivered to the applicant, within the foregoing 14 day period
(or 24 day period if extended pursuant to section 16E-13(b)), at the
address provided by the applicant in the application.
(d)
The
director of community development shall notify the applicant as follows:
(1)
The director of community development shall write or stamp "granted"
or "denied" on the application and date and sign such notation.
(2)
If the application is denied, the director of community development
shall attach to the application a statement of the reasons for the
denial. The director of community development's denial of an application
for an adult business performer license shall be final and conclusive.
(3)
If the application is granted, the director of community development
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 director of community development 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
director of community development shall deny the application based
on any of the following grounds:
(1)
The license applicant has made false, misleading, or fraudulent statements
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 license.
(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 director of community development to render a decision on the
license within the time frames established by this section shall be
deemed to constitute an approval.
(h)
Each
adult business performer license, other than the temporary license
described in section 16E-12(f), shall expire one year from the date
of issuance and may be renewed only by filing with the director of
community development a written request for renewal, accompanied by
the annual license fee and a copy of the license to be renewed. If
the 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 director of community development 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 director of community development
in accordance with the provisions of this section. The request for
renewal must 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 director of community
development's denial of a renewal application shall be final and conclusive.
(i)
Any
denial of an application or a renewal application for an adult business
performer license pursuant to this section shall be afforded prompt
judicial review of that decision as provided by California Code of
Civil Procedure Section 1094.8.
(j)
The
time for a court challenge to a decision of the director of community
development under this section is governed by California Code of Civil
Procedure Section 1094.8.
(k)
Notice
of the director of community development's decision and its findings
shall include citation to California Code of Civil Procedure Section
1094.8.
(Ord. No. 2007-05 § 4, 3-21-07)
(a)
On
determining that grounds for license suspension or revocation exist,
the director of community development 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 and the ground
or grounds upon which the hearing is based, the pertinent 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. Hearings pursuant to this section shall be conducted by the
city manager or a designated hearing officer designated by him or
her which can include a retired judge. Hearings pursuant to this section
shall be conducted in accordance with procedures established by the
city manager or designated hearing officer but, at a minimum shall
include the following:
(1)
All parties involved shall have the right to offer testimonial, documentary,
and tangible evidence bearing upon the issues and may be represented
by counsel.
(2)
The city manager or designated hearing officer shall not be bound
by the formal rules of evidence.
(3)
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 license holder. Extensions of time or continuances sought by a
license holder 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.
(4)
The city manager's decision shall be final and conclusive.
(b)
A
license may be revoked, based on any of the following causes arising
from the acts or omissions of the license holder:
(1)
The licensee has made any false, misleading, or fraudulent statements
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.
(c)
After
holding the hearing in accordance with the provisions of this section,
if the city manager or designated hearing officer finds and determines
that there are grounds for suspension or revocation, the city manager
or designated hearing officer shall impose one of the following:
(1)
Suspension of the license for a specified period not to exceed six
months; or
(2)
Revocation of the license. The city manager or designated hearing
officer shall render a written decision that shall be hand delivered
or overnight mailed to the license holder within two days of the public
hearing. Failure to render such a decision within this time frame
shall constitute an approval or reinstatement of the license.
(d)
Any
applicant or license holder whose license 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.
(e)
The
time for a court challenge to a decision of the city manager under
this section is governed by California Code of Civil Procedure Section
1094.8.
(f)
Notice
of the city manager's decision and its findings shall include citation
to California Code of Civil Procedure Section 1094.8.G.
(g)
In
the event a license is revoked pursuant to this section, another adult
business license to operate an adult business shall not be granted
to the licensee within 12 months after the date of such revocation.
(Ord. No. 2007-05 § 4, 3-21-07)
The director of community development shall provide each adult
business performer required to have an adult business performer license
pursuant to this chapter with an identification card containing the
name, business address, photograph, and license 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. No. 2007-05 § 4, 3-21-07)
Every owner, operator, manager or licensee in charge or in control of an adult business as defined in Chapter 16E, Article 1, section 16E-2 of this code, which provides any live performance displaying specified anatomical areas or specified sexual activities must maintain a register of all persons so performing on the premises and their adult business performer license numbers. Such register shall be available for inspection during regular business hours by any police officer of the city.
(Ord. No. 2007-05 § 4, 3-21-07)
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. No. 2007-05 § 4, 3-21-07)
All persons required by this chapter to obtain an adult business
performer license must apply for and obtain such adult business performer
license within 30 days of the effective date of the ordinance codified
in 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 license shall constitute a violation
of this section.
(Ord. No. 2007-05 § 4, 3-21-07)
