Unless the particular provision or the context otherwise requires,
the definitions and provisions contained in this section shall govern
the construction, meaning and application of words and phrases used
in this chapter:
"Bathhouse"
means any place where there is given steam baths, electric
light baths, electric tub baths, shower baths, sponge baths, sunbaths,
mineral baths, vapor baths, Russian, Swedish or Turkish baths or any
other type of baths, fomentations, alcohol rubs or any other types
of rubs or giving salt glows or any type of therapy; any public bathing
place which has in connection therewith a steam room, dry hot room,
plunge, shower bath or sleeping accommodations.
"City manager"
means the city manager of the city of Rancho Mirage, or his
or her designated representative.
"Employee"
means any person over eighteen years of age other than an
escort, who renders any service in connection with the operation of
an escort service, introductory service or bathhouse, and receives
compensation from the operator of the business or patrons.
"Escort"
means any person who, for any consideration whatsoever:
1.
Escorts, accompanies or consorts with another person to, from
or about social affairs, entertainments, places of public assembly
or places of amusement;
2.
Escorts, accompanies or consorts with another person in or about
any place of public or private resort or within any private quarters;
3.
Escorts, accompanies or consorts with another person in or about
any business or commercial establishment, or part or a portion thereof.
"Escort bureau"
means any business, agency or self-employed or independent
escort who, for any consideration whatsoever, furnishes or offers
to furnish an escort.
"Introductory services"
means a service offered or performed by any person for any
consideration whatsoever, the principal purpose of which is to aid
persons to become socially acquainted or to otherwise assist persons
to meet for social purposes, or which service is generally known or
should be known by the offering or performing party to be used by
the recipient thereof for the purpose of obtaining information about
other persons to be used for social purposes.
"Permittee"
means the person to whom a permit has been issued.
"Police chief"
means the chief of the police department of the city of Rancho
Mirage, or his or her designated representative.
"Specified sexual activities"
means:
1.
Actual or simulated sexual intercourse, oral copulation, anal
intercourse, oral-anal intercourse, bestiality, direct physical stimulation
of unclothed genitals, flagellation or torture in the context of sexual
relationship, or the use of excretory functions in the context of
sexual relationship, and any of the following depicted sexually oriented
acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus,
fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism,
zooerasty; or
2.
Clearly depicted human genitals in a state of sexual stimulation,
arousal or tumescence; or
3.
Use of human or animal masturbation, sodomy, oral copulation,
coitus, ejaculation; or
4.
Fondling or touching of nude human genitals, public region,
buttocks or female breasts; or
5.
Masochism, erotic or sexually oriented torture, beating or the
infliction of pain; or
6.
Erotic or lewd touching, fondling or other contact with an animal
by a human being; or
7.
Human excretion, urination, menstruation, vaginal or anal irrigation.
"Specified anatomical areas"
means:
1.
Less than completely and opaquely covered human genitals, pubic
region, buttocks, anus or female breasts below a point immediately
above the top of the areola; or
2.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
(Ord. 294 (4.07.020), 1984; Ord. 403 § 1, 1988; Ord. 519 § 1, 1992; Ord. 985 § 1, 2009)
A. It is
unlawful for any person, association, partnership or corporation to
engage in, conduct, carry on, or to permit to be engaged in, conducted
or carried on, in or upon any premises within the city, the business
of a bathhouse, escort bureau or introductory service as herein defined,
without possessing a permit issued pursuant to the provisions of this
chapter for each and every separate office or place of business conducted
by the above. The permit fee required hereby shall be in addition
to any other license, permit or fee required under any of the provisions
of this code.
B. Neither
the filing of an application for the permit, nor payment of any other
license, permit or fee required under any other provision of this
code, shall authorize the engaging in, conducting or carrying on of
a bathhouse, escort bureau or introductory service.
C. The
application fee for a bathhouse, escort bureau or introductory service
permit shall be five hundred dollars and the application fee for an
escort's permit for each escort employed therein shall be one hundred
dollars and is nonrefundable and shall be used to defray the cost
of investigation, processing and hearing as set forth herein. The
fee set forth herein shall be in effect until the city council shall
by resolution fix some other rate based upon a cost factor.
D. Escort's
Permit Required. No person shall act as an escort, unless he or she
has a valid and subsisting escort's permit issued to him or her by
the city pursuant to the provisions of this chapter.
E. All
permits shall expire on December 31st of the calendar year for which
they were issued. Applications for renewal of a permit shall be made
on or before November 30th of the year preceding the year from which
a renewal permit is sought. The renewal application fee for a bathhouse,
escort bureau or introductory service permit shall be one hundred
dollars and the renewal application fee for an escort permit for each
escort employed therein shall be fifty dollars. The renewal application
fees are nonrefundable and shall be used to defray the cost of investigation
and processing the renewal applications. The fee set forth herein
shall be in effect until the city council shall by resolution fix
some other rate based upon a cost factor.
(Ord. 294 (4.07.030), 1984; Ord. 985 § 1, 2009)
A. No bathhouse,
escort bureau or introductory service shall be established in the
following locations:
1. In
any zone other than the RH (resort hotel) zone;
2. Within
eight hundred feet of any RE, R-1, PUD-L, MHP, PUD-M, PUD-H zone and
five hundred feet of any zone other than CPD zone in the city;
3. Within
eight hundred feet of any parcel of real property in which is located
any of the following uses or facilities:
a. Church, defined herein as any facility used primarily for worship
of any religion, or used for other religious purposes,
b. City, county, state, federal or other governmental public buildings,
including but not limited to, city halls, libraries, police and fire
stations and post offices,
c. Schools, defined herein as: (i) institutions for teaching minor children
(e.g., day schools, elementary schools, secondary schools, high schools)
and (ii) institutions of higher learning receiving approved graduates
of preparatory school and offering instructions in arts, letters and
science, leading to the bachelor's degree or master's degree (e.g.,
colleges and universities). The aforesaid institutions may be funded
and/or operated either by governmental public authorities or by private
organizations;
4. Within
one thousand feet of any other bathhouse, escort bureau or introductory
service;
5. Within
five hundred feet of any business involving an on-premises sale of
liquor or alcoholic beverages. Hotels are excluded from this requirement.
B. The
measure of reference distance in this section shall be a straight
line from the nearest property line containing the bathhouse, escort
bureau or introductory service to the nearest property line of an
affected use, without regard to intervening structures.
(Ord. 294 (4.07.040), 1984; Ord. 403 § 2, 1988; Ord. 985 § 1, 2009; Ord. 1094 § 4, 2015)
A. Any
establishment not specifically permitted by the provisions of this
section shall be prohibited until such time as this section may be
amended to permit such establishment. The establishments specifically
permitted are as follows:
2. Introductory
services; and
B. All
permitted establishments shall comply with all regulations and provisions
of this chapter except as otherwise provided in this chapter. Nothing
in this chapter shall be construed as permitting any activity otherwise
prohibited by state or local law.
(Ord. 294 (4.07.050), 1984; Ord. 985 § 1, 2009)
In addition to the base zone requirements governing use and minimum development standards, and the applicable requirements set forth in Section
5.16.100 the following additional requirements shall be met by bathhouses, escort bureaus or introductory services:
A. With
the exception of hotels, the use shall have a separate business entrance
adjacent to the required parking area and no other nonadult use shall
be permitted in the same building space while used as a bathhouse,
escort bureau or introductory service.
B. Maximum
occupancy load, fire exits, aisles and fire equipment shall be regulated,
designed and provided in accordance with the fire department and building
and safety division regulations and standards.
C. All
building openings, entries, windows, etc., shall be located, covered
or screened in such a manner as to prevent a view into the interior
from outside the building.
D. Lighting
in Parking Lots. Lighting shall be required which is designed to illuminate
all off-street parking areas serving such use for the purpose of increasing
the personal safety of patrons and reducing the incident of vandalism
and theft.
E. Amplified
Sound. No loudspeakers or sound equipment shall be used by a bathhouse,
escort bureau or introductory service, for amplification of sound
to a level discernible by the public beyond the walls of the building
in which such use is conducted.
F. The
building entrance to the use shall be clearly and legibly posted by
a notice indicating that minors are precluded from entering the premises.
As used herein, minor means an individual under the age of eighteen
years.
G. Commercial
businesses licensed or operating within the city shall not display
or exhibit any material in a manner which exposes to public view photographs
or illustrations of specified sexual activities or one or more naked
adults in poses which emphasize or direct the viewer's attention to
the subject's genitals. As used herein, exposes to public view means
exposes to the view of the person outside the building in which the
commercial business is located.
H. The
permit required by this chapter shall be displayed in a prominent
place.
(Ord. 294 (4.07.070), 1984; Ord. 403 § 3, 1988; Ord. 985 § 1, 2009)
Every person who maintains, conducts or operates as an escort,
escort bureau or introductory service shall at all times keep a registration
book in connection therewith, in which each and every customer's first,
middle and last name, age, telephone number and complete address shall
be written together with the date of initial contact, all appointments
and contacts made thereafter and the first, middle and last names
of the escort of the person to whom the customer is socially introduced.
Such records shall be made available upon request, for inspection
by the city manager or the police chief.
(Ord. 294 (4.07.080), 1984; Ord. 985 § 1, 2009)
Any person desirous of employment as an escort as herein defined,
must first secure an escort's permit. Once obtained, the permit shall
be carried on the escort's person at the times the person is functioning
as an escort. Application shall be made to the city's code compliance
division in the same manner as provided herein for adult entertainment
establishment permits. The application shall contain all of the following
information:
A. The
business address and all telephone numbers where the business is to
be practiced;
B. Name,
including all names, nicknames and aliases by which the applicant
has been known; and residence address, including the two previous
addresses immediately prior to the present address of the applicant;
C. Social
Security number, driver's license number, if any, and date of birth;
D. Applicant's
weight, height, color of hair and eyes, and sex;
E. Written
evidence that the applicant is at least eighteen years of age;
F. A complete
statement of all convictions of the applicant for any felony or misdemeanor
or violation of a local ordinance, except misdemeanor traffic violations;
G. Fingerprints
of the applicant taken by the police department;
H. Two
front-face portrait photographs taken within thirty days of the date
of application and at least two inches by two inches in size;
I. The
escort's business history and experience five years prior to the date
of application, including but not limited to, whether or not such
person in previously operating in this or another city or state under
license or permit has had such license or permit denied, revoked,
or suspended and the reasons therefor, and the business activities
or occupations subsequent to such action of denial, suspension or
revocation.
J. The
names, current addresses and written statements of at least five bona
fide permanent residents, other than relatives, of the United States
that the applicant is of good moral character. If the applicant is
able, the statement must first be furnished from residents of the
city, then the county, then the state of California and lastly from
the rest of the United States.
K. A medical certificate signed by a physician, licensed to practice in the state of California, within seven days of the date of the application. The certificate shall state that the applicant was examined by the certifying physician and that the applicant is free of communicable disease. The additional information required by this subsection shal
l be provided at the applicant's expense.
L. Such
other information, identification and physical examination of the
person deemed necessary by the city police in order to discover the
truth of the matters hereinbefore required to be set forth in the
application.
M. Authorization
for the city, its agents and employees to seek information and conduct
an investigation into the truth of the statements set forth in the
application and the qualifications of the applicant for the permit.
N. Written
declaration by the applicant, under penalty of perjury, that the foregoing
information contained in the application is true and correct, the
declaration being duly dated and signed in the city.
(Ord. 294 (4.07.100), 1984; Ord. 985 § 1, 2009)
No license to conduct a bathhouse shall be issued unless an
inspection by the city reveals that the establishment complies with
each of the following minimum requirements:
A. Post
a list of services available, described in readily understandable
language, and the cost of such services in a conspicuous place on
the premises.
B. Maintain
a record which includes the date and time of each bath, the name and
address of the patron, and the type of bath taken. Such records shall
be made available, upon request, for inspection by the city manager
or police chief. The information contained in such records shall be
confidential.
C. Construction
of rooms used for toilets, tubs, steam baths and showers shall be
made waterproof with approved waterproofed materials and shall be
installed in accordance with the city building code. Plumbing fixtures
shall be installed in accordance with the city plumbing code.
1. Steam
rooms and shower compartments shall have waterproof floors, walls
and ceilings approved by the city;
2. Floors
of wet and dry heat rooms shall be adequately pitched to one or more
floor drains properly connected to the sewer. Exception: Dry heat
rooms with wooden floors need not be provided with pitched floors
and floor drains;
3. A
source of hot water must be available within the immediate vicinity
of dry and wet heat rooms to facilitate cleaning.
D. All
employees shall be clean and wear clean, nontransparent outer garments,
covering their specified anatomical areas, the use of which garments
is restricted to the bathhouse. A separate dressing room for each
sex must be available on the premises. Each dressing room must provide
individual lockers for each employee. Doors to such dressing rooms
shall open inward and shall be self-closing.
E. Toilet
facilities shall be provided in convenient locations. When employees
and patrons of different sexes are on the premises at the same time,
separate toilet facilities shall be provided for each sex. A single
water closet per sex shall be provided for each twenty or more employees
or patrons of that sex on the premises at any one time. Urinals may
be substituted for water closets after one water closet has been provided.
Toilets shall be designated as to the sex accommodates therein.
F. Provide
a minimum of one bathtub or shower facility for the patrons; provided,
however, if male and female patrons are to be served simultaneously,
separate facilities shall be provided for such patrons. Where baths,
as defined herein, are provided and male and female patrons are to
be served simultaneously, separate rooms or baths shall be provided
for such patrons. Hot and cold running water under pressure from a
potable source shall be provided to all wash basins, bathtubs, showers
and similar facilities. Each water basin shall be provided with soap
or detergent and single service towels placed in permanently installed
dispensers. A trash receptacle shall be provided in each room where
such facilities are located. In addition to the wash basin provided
for patrons, a minimum of one separate wash basin shall be located
within or as close as practicable to each area in which baths are
taken.
G. Maintain
lighting intensity of not less than seventy foot candle power at floor
level in any room or enclosure in all public rooms, hallways and within
each room or enclosure where baths are taken.
H. Maintain
walls, ceilings, floors, pools, showers, bathtubs, water basins, toilets,
wet and dry heat rooms, steam or vapor rooms and cabinets and all
other facilities in good repair and in a clean and sanitary condition.
Showers, water basins, toilets, wet and dry heat rooms, steam or vapor
rooms, and cabinets and compartments shall be thoroughly cleaned at
least once each day the bathhouse is in operation. Bathtubs shall
be thoroughly cleaned after each use.
I. Provide
clean and sanitary towels, sheets and linens for each patron. No common
usage of towels, sheets and linens shall be permitted. Towels, sheets
and linens shall be provided in sufficient quantity and shall not
be used by more than one person unless such towels, sheets, and linens
have been relaundered. Heavy white paper may be substituted for sheets;
provided however, that such paper is used only for one person and
then discarded into a sanitary receptacle. Separate closed cabinets
or containers shall be provided for the storage of clean and soiled
towels, sheets and linens, and such cabinets or containers shall be
plainly marked: clean linen and soiled linen.
J. Unlock
all exterior doors from interior side during business hours.
K. Provide
a separate locker for each patron to be served, which locker shall
be capable of being locked and available to each patron at no extra
charge.
L. All
electrical equipment shall be installed in accordance with the requirements
of the all applicable state and local laws and regulations.
(Ord. 294 (4.07.110), 1984; Ord. 985 § 1, 2009)
A. It is
unlawful for any escort or any person on the premises of a bathhouse,
escort bureau or introductory service to: (1) expose to any other
person any specified anatomical areas, whether his or her own, or
those of another, (2) any specified sexual activities.
B. It is unlawful for any person owning, operating or managing a bathhouse, knowingly to cause, allow or permit in or about such bathhouse, any agent, employee or any other person under his control or supervision to perform such acts prohibited in subsection
A of this section.
(Ord. 294 (4.07.120), 1984; Ord. 403 § 5, 1988; Ord. 985 § 1, 2009)
No holder of a bathhouse, escort bureau or introductory service
permit shall employ any person under eighteen years of age; nor shall
such permittee provide any service for which it requires said permit
to any patron, customer or person under eighteen years of age, except
at the special instance and request of a parent, guardian or other
person in lawful custody of the minor upon whose behalf the escort
or introductory service is engaged.
(Ord. 294 (4.07.130), 1984; Ord. 985 § 1, 2009)
The provisions of this chapter shall not apply to trainers for
any amateur, semiprofessional or professional athlete or athletic
team or school athletic program.
(Ord. 294 (4.07.140), 1984; Ord. 985 § 1, 2009)
A. Any
person, association, partnership or corporation desiring to obtain
a business license tax certificate and a permit for a bathhouse, escort
bureau or introductory service shall make an application, under oath,
to the city manager upon a form provided by the city manager showing:
1. The
name, current permanent residential address and telephone number of
the applicant;
2. The
business name, proposed business address of the bathhouse, escort
bureau or introductory service and its telephone number.
B.
1. If
the applicant is a corporation, the name shall be exactly as set forth
in its articles of incorporation and it shall provide a copy of its
articles of incorporation. The applicant shall show the name and residence
address of each of the officers, directors, and each stockholder owning
not less than ten percent of the stock of the corporation and the
address of the corporation itself, if different than the address of
the bathhouse, escort bureau or introductory service.
2. If
the applicant is a partnership, the application shall show the name
and residence address of each of the partners including limited partners
and the address of the partnership itself, if different than the address
of the bathhouse, escort bureau or introductory service.
C. The
name and permanent address of the owner of the property upon which
the applicant intends to locate the bathhouse, escort bureau or introductory
service. If the property owner is a corporation, the name shall be
exactly as set forth in its articles of incorporation and the applicant
shall show the name and residence address of each of the officers,
directors and stockholders owning not less than ten percent of the
stock of the corporation. If the property owner is a partnership,
the application shall show the name and residence address of each
of its partners, including limited partners.
D. In the
event the applicant is not the owner of record of the real property
upon which the bathhouse, escort bureau or introductory service is
or will be located, the application must be accompanied by a notarized
statement from the owner of record of the real property acknowledging
that a bathhouse, escort bureau or introductory service is or will
be located on the property. In addition, the applicant must furnish
a copy of the lease or rental agreement pertaining to the premises
in which the bathhouse, escort bureau or introductory service will
be located.
E. The
date, hours and location where the bathhouse, escort bureau or introductory
service is proposed to be conducted, and the admission fee, if any,
to be charged.
F. The
name(s) or person(s) having the management or supervision of the applicant's
business.
G.
1. Whether
or not the applicant has been convicted of a crime, the nature of
such offense, the date of conviction, place convicted, and the sentence
received therefor.
2. If
the applicant is a corporation, this requirement applies to each of
the officers, directors, and/or stockholders owning not less than
ten percent of the stock of the corporation. If the applicant is a
partnership, this requirement applies to each of the partners, including
limited partners.
H. Whether
or not the applicant has ever had any similar license or permit issued
by such agency revoked or suspended, or has had any professional or
vocational license or permit revoked or suspended, and the reasons
therefor, and the business activity or occupation subsequent to such
action of suspension or revocation. If the applicant is a corporation,
this requirement applies to each of the officers, directors, and/or
stockholders owning not less than ten percent of the stock of the
corporation. If the applicant is a partnership, this requirement applies
to each of the partners, including limited partners.
I. Driver's
license or other acceptable identification and Social Security number
of the applicant. If the applicant is a corporation, this requirement
applies to each of the officers, directors and/or stockholders owning
not less than ten percent of the stock of the corporation. If the
applicant is a partnership, this requirement applies to each of the
partners, including limited partners.
J. Acceptable
written proof that the applicant is at least eighteen year of age.
If the applicant is a corporation, this requirement applies to each
of the officers, directors, and/or stockholders owning not less than
ten percent of the stock of the corporation. If the applicant is a
partnership, this requirement applies to each of the partners, including
limited partners.
K. The
height, weight, color of eyes, color of hair and date of birth of
the applicant. If the applicant is a corporation, this requirement
applies to each of the officers, directors and/or stockholders owning
not less than ten percent of the stock of the corporation. If the
applicant is a partnership, this requirement applies to each of the
partners, including limited partners.
L. The
business, occupation or employment history of the applicant for the
last five-year period immediately preceding the date of filing of
the application. If the applicant is a corporation, this requirement
applies to each of the officers, directors, and/or stockholders owning
not less than ten percent of the stock of the corporation. If the
applicant is a partnership, this requirement applies to each of the
partners, including limited partners.
M. Each
residence and business address of the applicant for the five-year
period immediately preceding the date of the filing of the application.
If the applicant is a corporation, this requirement applies to each
of the officers, directors and/or stockholders owning not less than
ten percent of the stock of the corporation. If the applicant is a
partnership, this requirement applies to each of the partners, including
limited partners.
N. One
front-face portrait photograph of the applicant at least two inches
by two inches and a complete set of applicant's fingerprints which
shall be taken by the city police. If the applicant is a corporation,
one front-face portrait photograph at least two inches by two inches
of all officers, directors and stockholders owning not less than ten
percent of the stock of the corporation and a complete set of the
same officers', directors' and stockholders' fingerprints which shall
be taken by the city police. If the applicant is a partnership, one
front-face portrait photograph at least two inches by two inches in
size of each partner, including limited partners in the partnership,
and a complete set of each partner or limited partner's fingerprints
which shall be taken by the city police.
O. The
name and address of each escort who is or will be employed in the
establishment.
P. The name and address of any other bathhouse, escort bureau or introductory service owned or operated by any person whose name is required to be given in subsection
B of this section.
Q. A description
of any other business to be operated on the same premises or on adjoining
premises owned or controlled by the applicant. If the applicant is
a corporation, this requirement applies to each of the officers, directors,
and/or stockholders owning not less than ten percent of the stock
of the corporation. If the applicant is a partnership, this requirement
applies to each of the partners, including limited partners.
R. Authorization
for the city, its agents and employees to seek information and conduct
an investigation into the truth of the statements set forth in the
application and the qualifications of the applicant for the permit.
S. Such
other identifications and information necessary to discover the truth
of the matters hereinabove specified as required to be set forth in
the application.
T. The
names, current addresses and written statements of at least three
bona fide permanent residents of the United States that the applicant
is of good moral character. If the applicant is able, the statement
must first be furnished from residents of the city, then the county,
then the state of California, and lastly, from the rest of the United
States. These references must be persons other than relatives and
business associates. If the applicant is a corporation, this requirement
applies to each of the officers, directors and/or stockholders owning
not less than ten percent of the stock of the corporation. If the
applicant is a partnership, this requirement applies to each of the
partners, including limited partners.
U.
1. Applicant must furnish for any person whose name is required to be given in subsection
F of this section information required by subsections
A,
I,
J,
K,
L,
M,
N,
P,
Q,
S, and
T of this section.
2. The
holder of the permit for a bathhouse, escort bureau or introductory
service shall notify the city's code compliance division of each change
in any of the data required to be furnished by this section within
ten days after such change occurs.
(Ord. 294 (4.07.150), 1984; Ord. 985 § 1, 2009; Ord. 1094 § 5, 2015)
Upon application for a renewal permit, the applicant shall provide all of the information set forth in Section
5.16.140.
(Ord. 294 (4.07.160), 1984; Ord. 985 § 1, 2009)
A. After
an application permit has been filed with the city manager, he or
she shall cause an investigation to be made by the city's code compliance
division. The code compliance division shall refer copies of the application
to the following departments within five days of receipt of the application:
the city's department of building and safety, the Riverside County
health department, and the Riverside County fire marshal. These departments
shall within thirty days inspect the premises proposed to be operated
as a bathhouse, escort bureau or introductory service and shall make
written verification to the code compliance division concerning compliance
with the codes of the city, Riverside County and the state of California,
that they administer. If such premises are not in compliance, the
code compliance division shall notify the applicant, in writing, of
the deficiencies, and shall cause the reinspection of such premises
to be made upon written request by the applicant; provided, however,
that such request for reinspection is made within thirty days after
notice of noncompliance has been given by the code compliance division.
The application shall further be referred to the city's police department
for investigation of the applicant's character and qualifications.
The city manager shall cause the application to be set for hearing
before the city council and shall notify the applicant of the date
of such hearing.
B. The
aforesaid procedure shall apply to renewal applications for permits.
(Ord. 294 (4.07.170), 1984; Ord. 985 § 1, 2009)
After the city manager has set the application for hearing,
he or she shall cause notice of the hearing to be given within thirty
days to all property owners within three hundred feet of the proposed
or actual location of the applicant's business. For the purpose of
this section, notice to property owners shall be sufficient if given
to those property owners who appear as such on the last equalized
assessment roll on file with the city. Additionally, the city manager
shall cause a public notice to be published in a newspaper of general
circulation ten days prior to the hearing date. All notices provided
for this section shall be in the form and manner as determined by
the city manager.
(Ord. 294 (4.07.180), 1984; Ord. 985 § 1, 2009)
At the time and place set for public hearing as to any application,
the city council shall hear and determine all facts and evidence relevant
to the nature and location of the proposed bathhouse, escort bureau
or introductory service and the character, reputation and moral fitness
of those who will conduct, participate in or be in charge of such
bathhouse, escort bureau or introductory service.
(Ord. 294 (4.07.190), 1984; Ord. 985 § 1, 2009)
At the conclusion of the hearing before the city council, the
city council shall grant an application for a bathhouse, escort bureau
or introductory service permit, or escort's permit if it finds and
determines all of the following:
A. The
traffic generated by the proposed use will not impose a greater burden
upon the streets and highways in the area than similar use in the
area.
B. The
conduct of the bathhouse, escort bureau or introductory service, as
proposed by the applicant, if permitted, will comply with all applicable
laws, including but not limited to the city's building, zoning and
health regulations.
C. The
applicant has not knowingly made any false, misleading or fraudulent
statements of fact in the permit application, or any other document
required by the city in conjunction therewith; if the applicant is
a corporation, this requirement applies to each of the officers, directors
and/or stockholders owning not less than ten percent of the stock
of the corporation. If the applicant is a partnership, this requirement
applies to each of the partners, including limited partners.
D. The
applicant or any other person who will be directly engaged in the
management and operation of the bath-house, escort bureau or introductory
service:
1. Has
not done any act involving dishonesty, fraud or deceit with the intent
to substantially benefit himself, herself or another, or substantially
injure another; or
2. Has
not been convicted of any crime. A conviction shall mean a plea or
verdict of guilty or conviction following a plea of nolo contendere,
unless the conviction was so remote in time as to indicate that the
applicant has been rehabilitated, or the applicant has presented evidence
to the chief of police which shows to the satisfaction of the chief
of police that the applicant has been rehabilitated;
3. The
act or crime referred to in subdivisions 1 and 2 of this subsection
must be substantially related to the qualifications, functions or
duties of a person engaged in the business or practice of a bathhouse,
escort bureau or introductory service.
E. The
correct permit fee has been tendered to the city and, in the case
of a check or bank draft, honored with payment upon presentation.
F. The
applicant has not had a bathhouse, escort bureau or introductory service,
escort's or other similar permit denied, revoked or suspended by the
city or any other state or local agency within five years prior to
the date of the application.
G. The
applicant, if an individual, or any of the officers, directors and
stockholders who own not less than ten percent of the stock of the
corporation, if the applicant is a corporation; or any of the partners,
including limited partners, if the applicant is a partnership; and
the manager or other person principally in charge of the operation
of the business, is not under the age of eighteen years. If the applicant
is a corporation, this requirement applies to each of the officers,
directors and/or stockholders owning not less than ten percent of
the stock of the corporation. If the applicant is a partnership, this
requirement applies to each of the partners, including limited partners.
H. The city may issue a license or permit to any person convicted of any of the crimes described in subdivisions 1 or 2 of subsection
D of this section if it finds that such conviction occurred at least five years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for crime mentioned in this section.
(Ord. 294 (4.07.200), 1984; Ord. 985 § 1, 2009)
After notice and hearing pursuant to the procedures provided
herein the city council shall deny, suspend or revoke any permit applied
for, or issued under this chapter, if it finds and determines that:
A. The
business as conducted by permittee, its agent(s) or employee(s), or
any person(s) connected or associated with the permittee as partner,
director, officer, general manager or other person(s), who is exercising
managerial authority of, or on behalf of permittee acting under the
authority of such permit, does not comply with all applicable laws,
including but not limited to the city's building, zoning and health
regulations; or
B. Permittee,
its agent(s) or employee(s), or any person connected or associated
with the permittee as partner, director, officer or general manager
or other person(s), who is exercising managerial authority of, or
on behalf of permittee, acting under the authority of such permit
has:
1. Knowingly
procured the permit by false statements, representations or nondisclosure
of a material fact when such fact would have constituted good cause
for denying the application for such permit or any document required
by the city in conjunction therewith, or
2. The
permittee has ceased to meet any of the requirements for issuance
of a permit, or
3. Any
failure on the part of the owner, manager or other person in charge
of the premises to enforce the regulations set forth in this chapter
or to cooperate with the police department by promptly reporting any
fight, brawl or other unlawful activities occurring on the premises,
or
4. The
premises for which the permit was issued is being operated in an illegal
or disorderly manner, or
5. Noise
from the establishment for which the permit was issued interferes
with the peace and quiet of the neighborhood, or
6. The
applicant has done any act involving dishonesty, fraud or deceit with
the intent to substantially benefit himself, herself or another, or
substantially injure another, or
7. The
applicant has been convicted of any crime. A conviction shall mean
a plea or verdict of guilty or conviction following a plea of nolo
contendere, unless the conviction was so remote in time as to indicate
that the applicant has been rehabilitated, or the applicant has presented
evidence to the chief of police which shows to the satisfaction of
the chief of police that the applicant has been rehabilitated,
8. Such denial may be made only if the act or crime referred to in subdivision 6 or 7 of subsection
B of this section must be substantially related to the qualifications, functions or duties of a person engaged in the business or practice of a bathhouse, escort bureau or introductory services.
(Ord. 294 (4.07.210), 1984; Ord. 985 § 1, 2009)
The city council shall act to approve or deny an application
for a permit under this chapter within a reasonable period of time
and in no event shall the city council act later than ninety days
from the date that the application was accepted by the city's code
compliance division.
(Ord. 294 (4.07.220), 1984; Ord. 985 § 1, 2009)
The police shall from time to time make inspection of each bathhouse,
escort bureau or introductory service for the purposes of determining
that the provisions of this chapter are fully complied with. It is
unlawful for any permittee to fail to allow such inspection officer
access to the premises or hinder such officer in any manner.
(Ord. 294 (4.07.230), 1984; Ord. 985 § 1, 2009)
Any bathhouse, escort bureau or introductory service operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is declared to be unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action, in accordance with Title
14, commence an action(s) or proceeding(s), for the abatement, removal or enjoinment thereof, in the manner provided by law; and shall take such other steps and shall apply to such court(s) as may have jurisdiction to grant such relief as will abate or remove such businesses and restrain and enjoin any person from operating, conducting or maintaining a bathhouse, escort bureau or introductory service contrary to the provisions of this chapter.
(Ord. 294 (4.07.260), 1984; Ord. 916 § 2, 2006; Ord. 985 § 1, 2009)
Upon sale, transfer or relocation of a bathhouse, escort bureau or introductory service the permit therefor shall be null and void unless approved as provided in Section
5.16.190; provided, however, that upon the death or incapacity of the permittee, heir or devisee of a deceased permittee, may continue the bathhouse, escort bureau or introductory service for a reasonable period of time not to exceed sixty days to allow for an orderly transfer of the permit.
(Ord. 294 (4.07.270), 1984; Ord. 985 § 1, 2009)
No permit shall be transferable except with the consent of the city council. An application for such transfer shall be in writing and shall be accompanied by fees prescribed in Section
5.16.020. The written application for such transfer shall contain the same information as requested herein for initial application for the permit.
(Ord. 294 (4.07.280), 1984; Ord. 985 § 1, 2009)
Any person violating any of the provisions, or failing to comply
with any of the requirements, of this chapter shall be guilty of a
misdemeanor and upon conviction thereof, shall be punishable by a
fine not to exceed five hundred dollars, or by imprisonment in the
county jail for a period of not more than six months, or by both such
fine and imprisonment. Each day a violation is committed or permitted
to continue shall constitute a separate offense.
(Ord. 294 (4.07.240), 1984; Ord. 985 § 1, 2009)
The remedies provided in this chapter are not to be construed
as exclusive remedies and, in the event of violation, the city may
pursue any proceedings or remedies otherwise provided by law.
(Ord. 985 § 1, 2009)