This chapter shall be known as the "Adult-Related Establishment Permits."
(Prior code § 5-800)
A.
The City Council finds that studies conducted in the cities of Indianapolis, IN; Los Angeles, CA; Cleveland, OH, Phoenix, AZ; Oklahoma City, OK; Austin, TX; Seattle, WA; Amarillo, TX; Beaumont, TX; St. Paul, MN; and Garden Grove, CA; have determined that the incidence of criminal activity increases significantly in and around the area of newly opened or expanded adult-related establishments. The City Council further finds that an increased amount of criminal activity does occur in and around adult-related establishments which have been located or are currently located within the City.
B.
Accordingly, the City Council of the City hereby finds and declares that the unregulated operation of adult-related establishments poses a serious threat to the health, safety, welfare, and security of the citizens of the City. The City Council further finds and declares that the illegal activities associated with, in, and around adult-related establishments cause an immediate and imminent danger to the public health and safety and to property in the areas where such illegal activities are taking place. The City Council further finds and declares that the illegal activities associated with, in, and around adult-related establishments impair the use and enjoyment of nearby properties. Therefore, it is necessary for the City Council of the City to establish regulations to require the licensing and regulation of the establishments, services, and persons herein defined. It is not the intention of the City Council of the City to place a restriction on the use of any such establishments when such use is legally and constitutionally permissible.
(Prior code § 5-801)
The purpose of this chapter is to require the issuance of a permit to conduct, own, or operate adult-related establishments within the City; to require work permits for employees and any other persons working therein; to establish standards for the issuance of said permits; to establish rules and regulations under which such permits shall remain in force, be suspended, or revoked; and to provide penalties for violations thereof.
(Prior code § 5-802)
For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms, and phrases hereinafter set forth shall have the meanings given them in this section:
means any business or establishment which has available to or offers any patron, for pecuniary compensation, monetary, or other consideration, hire or reward, services or entertainment or other activities which involve specified sexual activities or the display of specified anatomical areas as defined herein. Adult-related establishment shall not include an establishment which, as its sole adult-related activity, sells, displays, offers for sale, furnishes, or features books, movies, or other materials which depict specified anatomical areas or specified sexual activities as defined herein. The term adult-related establishment shall not include a bar as defined herein, nor a theatrical staged production in which the display of specified anatomical areas or specified sexual activities is merely incidental to rather than the predominant theme of the production.
means a person who supervises, manages, inspects, directs, organizes, controls, or in any other way is responsible for or in charge of the premises of an adult-related establishment or the conduct and activities occurring on the premises thereof.
means a person as herein defined who is required to file an application for a permit or work permit pursuant to this chapter, including an operator and an employee.
means, for the purposes of this chapter, any commercial establishment licensed by the State of California Department of Alcoholic Beverages Control to sell, provide, and serve alcoholic beverages on the premises.
means the Chief of Police of the City of Stockton or authorized representative thereof.
means the City Manager of the City of Stockton or authorized representative thereof.
means the Director of the Community Development Department of the City of Stockton or authorized representative thereof.
means a person, as herein defined, who, for pecuniary compensation, monetary or other consideration, hire or reward, performs services, entertainment or other activities in an adult-related establishment under the supervision, management, inspection, direction, organization, or control of an adult-related establishment operator. Employee shall include persons being allowed and permitted by the adult-related establishment operator to perform such services, entertainment, or other activities whether or not such adult-related establishment operator directly provides the compensation, consideration, hire, or reward.
means any act, play, revue, pantomime, scene, song, dance act, or song and dance act, which involves specified sexual activities or the display of specified anatomical areas, as herein defined, or the display of specified anatomical areas whether in the performance of any act, play, revue, pantomime, scene, song, dance act, or song and dance act, or by any means whatsoever, conducted by or participated in by one or more persons, whether or not such person or persons are compensated for such performance or display. Entertainment also includes a fashion, style, or lingerie show.
means the Director of the Finance Department of the City of Stockton or authorized representative thereof.
means the Fire Chief of the City of Stockton or authorized representative thereof.
means the supervising, managing, directing, organizing, controlling, or in any manner being responsible for or in charge of the conduct of activities of an adult-related establishment or activities within an adult-related establishment.
means the permit that is required to be obtained pursuant to this chapter by an operator of an adult-related establishment.
means the person to whom an adult-related establishment permit is issued.
means any natural person, firm, partnership, corporation, association, or combination of the above in whatever form or character.
means and includes the following:
means and includes the following:
Actual or simulated intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed or clothed genitals, flagellation or torture in the context of a sexual relationship, the use of excretory functions in the context of a sexual relationship, and any sexually oriented acts or conduct; or
The display of human genitalia in a state of sexual stimulation, arousal, or tumescence; or
Use of human or animal masturbation, sodomy, oral copulation, coitus, or ejaculation; or
Fondling or touching of nude human genitalia, pubic region, buttocks, or female breast; or
Masochism, erotic, or sexually oriented torture, beating or the infliction of pain; or
Erotic or lewd touching, fondling, or other contact with an animal by a human being; or
Display or use of human excretion, urination, menstruation, vaginal, or anal irrigation.
means the permit required to be obtained pursuant to this chapter by an employee in an adult-related establishment.
(Prior code § 5-803)
It is unlawful and a misdemeanor for any person to engage in, conduct, or carry on, or permit to be engaged in, conducted, or carried on, in or upon any premises in the City, the operation of an adult-related establishment without having first obtained a written permit from the Finance Director. There shall be only one permit for each adult-related establishment.
(Prior code § 5-804)
A.
Every person who proposes to maintain, operate, or conduct an adult-related establishment in the City shall file an application for a permit with the Finance Director in writing on forms provided by the City and shall pay a nonrefundable filing fee in the same amount as the fee for the permit to operate a massage establishment, as defined in this code, and as established, from time to time, by resolution of the City Council. Any such application shall be under oath, in duplicate, and shall contain such information pertinent to the applicant and the business as the City may require. Such information required to be provided shall include, but may not be limited to, the following:
1.
The type of and proposed location of the adult-related establishment for which the permit is being sought;
2.
The name, including all aliases, by which the applicant is or has ever been known;
3.
The applicant's present residence address and the residence addresses and dates thereof for the three years immediately preceding the date of application;
4.
The applicant's date of birth, height, weight, color of eyes and hair;
5.
The business, occupation, or employment and location of business, occupation, or employment, of the applicant for the three years immediately preceding the date of application;
6.
The applicant's social security number and driver's license number, if any;
7.
The adult-related establishment or similar business license or permit history of the applicant including whether such applicant has previously operated in this or another City or State under a license or permit, whether such applicant has had such license or permit suspended or revoked and the reason therefor, and the business activity or occupation of such applicant subsequent to such license or permit suspension or revocation;
8.
Whether the applicant has ever been convicted of any of the following:
a.
An offense involving conduct which requires registration pursuant to California Penal Code Section 290, or as such section may hereafter be amended or renumbered,
b.
An offense involving sexual misconduct with children,
c.
An offense involving theft or a series of petty theft offenses,
e.
An offense involving conduct which requires registration pursuant to California Health and Safety Code Section 11590,
g.
Conspiracy to commit or an attempt to commit any of the aforesaid offenses; and
h.
Any offense in a jurisdiction outside of the State which is equivalent to any of the aforesaid offenses;
9.
Whether the applicant 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 or the operation of a house of prostitution in such other jurisdiction. If any applicant herein has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other State, to engage in prostitution or operate a house of prostitution, a statement shall be submitted giving the place of such registration, licensing, or legal authorization, and the inclusive dates during which the applicant was so licensed, registered or authorized;
10.
Whether the applicant or former employer of the applicant while so employed, or a building in which the applicant was employed or a business was conducted by the applicant, was ever subjected to an abatement proceeding pursuant to California Penal Code Section 11225, 11470, or 11570, as such section may hereafter be amended or renumbered, or pursuant to similar provisions of law in a jurisdiction outside the State;
11.
The name and address of the owner(s) and lessor(s) of the real property upon which the adult-related establishment is to be conducted;
12.
If the applicant is a corporation, the application shall also set forth the name of the corporation exactly as shown on its articles of incorporation together with the names and residence addresses of each of the officers, directors, and each stockholder holding 5% or more of the stock of the corporation. The corporation shall designate one of its officers to act as the responsible managing officer of the adult-related establishment. Such officer shall complete the application form as an individual applicant under this chapter;
13.
If the applicant is a partnership, the application shall also set forth the names and residence addresses of each of the partners, including limited partners. The partnership shall designate one of the partners to act as the managing partner of the adult-related establishment. Such partner shall complete the application form as an individual applicant under this chapter. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply.
B.
The application for a permit pursuant to this section shall not authorize the maintenance, operation, or conduct of an adult-related establishment until such permit has been granted. The issuance of a business license pursuant to Title 5 of the Stockton Municipal Code shall not authorize the maintenance, operation, or conduct of an adult-related establishment until the permit required pursuant to this chapter has been lawfully granted.
(Prior code § 5-805)
The Finance Director shall refer all applications for a permit to the Chief of Police, Fire Chief, and Community Development Director who shall conduct investigations and make written recommendations to the Finance Director concerning compliance with the laws and ordinances which they administer and enforce.
A.
Upon receipt of the application, the Chief of Police shall require the applicant to provide his or her fingerprints on forms provided by the Police Department of the City, and such other information as may be necessary to establish the identity of the applicant and conduct the appropriate investigation. The Chief of Police shall investigate and ascertain the following:
1.
Whether the applicant has, within three years immediately preceding the date of filing of the application, been convicted in a court of competent jurisdiction of any offense which relates directly to the operation of an adult-related establishment, whether as an operator or an employee, or of any felony the commission of which occurred on the premises of an adult-related establishment;
2.
Whether the applicant has, within three years immediately preceding the date of filing of the application, had any adult-related establishment permit or work permit which has been issued in the State of California suspended or revoked;
3.
Whether the applicant has, within 10 years immediately preceding the date of filing of the application, completed a probationary period or has been released from prison after being convicted in a court of competent jurisdiction of any offense listed in Section 5.60.060 of this chapter, or of any offense in a jurisdiction outside of the State of California which is the equivalent thereof,
4.
Whether the applicant has, within three years immediately preceding the date of filing of the application, had any license, registration, or authorization of any other jurisdiction to engage in prostitution or to operate a house of prostitution suspended or revoked; and
5.
Whether the applicant has knowingly made a material misrepresentation or omission in the application for the permit.
The Chief of Police shall make a report of the findings of the investigation to the Finance Director together with recommendations, if any. |
B.
The Fire Chief and Community Development Director, within the jurisdictions and duties of their particular departments, shall ascertain whether the premises to be used are suitable, proper, and adequate, and comply with all applicable laws, ordinances, and regulations. The Fire Chief and Community Development Director shall each make a report of their findings to the Finance Director, together with their recommendations, if any.
(Prior code § 5-807)
Nothing herein shall constitute a waiver of the requirements of Title 5 of the Stockton Municipal Code requiring issuance and possession of a valid business license.
(Prior code § 5-808)
A permit to operate an adult-related establishment shall be valid for a period of one year from the date of issuance, unless earlier suspended or revoked. Any person who holds a valid permit to operate an adult-related establishment may obtain a new permit for the succeeding year by applying for said new permit and paying the required filing fee, in accordance with Section 5.60.060 of this chapter, during the 30 days preceding the expiration date of the current permit.
(Prior code § 5-809)
The Finance Director shall review the application, together with the reports and recommendations of the Chief of Police, Fire Chief, and Community Development Director, and, within 20 days of receipt of the report from the Department of Justice of the State dealing with the background investigation, shall grant said permit or notify the applicant that the Finance Director proposes to deny said permit, together with the grounds for denial as set forth in Section 5.60.120 of this chapter. Said notice may be by personal delivery or by certified mail, return receipt requested, addressed to the address which the applicant provided on the application. In the event of denial of said permit, the applicant may appeal said denial in accordance with Section 5.60.160 of this chapter by filing notice thereof with the City Manager within 30 days of the date the notice was mailed.
(Prior code § 5-810)
The following grounds shall constitute grounds for denial of an adult-related establishment permit:
A.
The establishment as proposed by the applicant does not comply with all applicable laws, including, but not limited to, ordinances relating to building, zoning, housing, health, fire protection, and other applicable laws and ordinances which the City has the responsibility to administer and enforce;
B.
The applicant has, within three years immediately preceding the date of filing of the application, been convicted in a court of competent jurisdiction of any offense which relates directly to the operation of an adult-related establishment, whether as an operator or employee, or of any other felony offense the commission of which occurred on the premises of an adult-related establishment;
C.
The applicant has, within three years immediately preceding the date of filing of the application, had a permit to operate an adult-related establishment or a work permit to work in or for an adult-related establishment which was issued in the State suspended or revoked;
D.
The applicant has, within three years immediately preceding the date of filing of the application, been convicted in a court of competent jurisdiction of an offense involving theft or any series of petty thefts;
E.
The applicant has, within 10 years immediately preceding the date of the filing of the application, completed a probationary period or has been released from prison after being convicted in a court of competent jurisdiction of any offense listed in Section 5.60.060 of this chapter, or of any offense in a jurisdiction outside the State of California which is the equivalent thereof;
F.
The applicant has knowingly made a material misrepresentation or omission in the application for the permit;
G.
The applicant is not at least 18 years of age as of the date of filing of the application;
H.
The applicant has not paid the required fee to the City;
I.
The applicant has, within three years immediately preceding the date of filing the application, been licensed or registered in any State as a prostitute or otherwise authorized by any State to engage in prostitution or to operate a house of prostitution; or
J.
The applicant has had a permit for an adult-related establishment denied, suspended, or revoked for cause by this City within five years preceding the date of filing of the application.
(Prior code § 5-811)
A.
Any permit or work permit issued hereunder may be summarily and temporarily suspended by the Chief of Police or the Finance Director in the event that it is determined that the holder of such permit or work permit has been arrested and charged with any offense which would constitute grounds for denial of a permit or work permit pursuant to Section 5.60.120 of this chapter. Any such suspension shall be accomplished by written notification of the suspension and the reasons therefor, by personal service or sent by first-class mail or certified mail, return receipt requested, to the address as approved in the permit or the work permit.
B.
Within 24 hours thereafter, a copy of such notice, together with the reasons for the suspension, shall be transmitted to the City Manager. The City Manager shall, within five days after the suspension, set a hearing on the matter in accordance with Section 5.60.160 of this chapter. Said hearing shall be held within 10 days following the date of setting the hearing. The holder of the permit or work permit shall be given notice of said hearing at least five days prior to the hearing date. Said notice may be by personal service or sent by first-class mail or certified mail, return receipt requested, to the business address as approved in the permit or the work permit.
(Prior code § 5-812)
The City Manager may initiate permit or work permit suspension or revocation proceedings by sending written notice setting forth the grounds for such suspension or revocation. Said notice shall be by personal service or sent by first-class mail or certified mail, return receipt requested, to the business address as approved in the permit or to the address of the holder of the work permit as listed on the application. Within 10 days of the date of personal service, or within 15 days of the date of mailing, of such notice of suspension or revocation, the holder of the permit or work permit that is subject to the suspension or revocation may appeal such suspension or revocation by filing with the City Manager a written notice of appeal setting forth the grounds for appeal and why such appeal should be granted. The City Manager, within five days of receipt of the written notice of appeal, shall set a hearing on the matter in accordance with Section 5.60.160 of this chapter. The hearing shall be held within 15 days of the date of setting of the appeal. The applicant shall be given notice at least five days before the date of the hearing. Said notice shall be given by personal service or sent by first-class mail or certified mail, return receipt requested, to the business address approved on the permit or to the address of the holder of the work permit as listed on the application. In the event no written notice of appeal is filed within the time periods specified in this section, the suspension or revocation shall be effective, and the right to an appeal shall be deemed to have been waived.
(Prior code § 5-813)
Any permit issued for an adult-related establishment may be suspended and/or revoked by the City Manager after a hearing pursuant to Section 5.60.170 of this chapter where it is found that:
A.
The operator has violated any of the provisions of this chapter.
B.
The operator has been convicted in a court of competent jurisdiction of any offense constituting grounds for denial of the permit pursuant to Section 5.60.120 of this chapter.
C.
The operator has engaged in fraud, misrepresentation, or false statements in conducting the adult-related establishment.
E.
The operator has continued to operate the adult-related establishment after the permit has been suspended.
(Prior code § 5-814)
The City Manager shall set and cause a hearing to be held by an Administrative Adjudication Hearing Officer (hereinafter "Hearing Officer") appointed by the City Manager:
A.
Upon the appeal by an applicant from the decision of the Finance Director to deny the granting of the permit;
B.
Upon the appeal by an applicant from the decision of the Finance Director to deny the granting of a work permit;
(Prior code § 5-815)
A.
The City Manager shall appoint a Hearing Officer to preside over the administrative adjudication hearing provided for herein. Such Hearing Officer shall not be an officer or employee of the City, and compensation of such Hearing Officer shall not in any manner be related to or contingent upon any decision rendered as a result of the hearing of the matter.
B.
The City Manager shall establish and promulgate all appropriate rules and procedures for conducting hearings and rendering decisions pursuant to this section. Such rules and procedures may include, but not be limited to, the following:
1.
The administrative adjudication hearing shall be recorded.
2.
Oral testimony presented by any person shall be under oath.
3.
Any person may present written evidence to the Hearing Officer for consideration.
4.
The administrative adjudication hearing shall be an informal proceeding and acceptance of oral testimony or documentary evidence shall not be governed by the strict rules of evidence.
C.
The Hearing Officer shall consider any written or oral evidence consistent with the rules and procedures for public hearings regarding the following issues:
1.
The appropriate representative(s) of the City shall present information or testimony relating to the grounds for denial, suspension, or revocation of the permit or work permit, or relating to any violation and the appropriate means of correcting the violation.
2.
The appellant may present testimony or other evidence relevant to the grounds for the appeal or in mitigation of the proposed action relating to the denial, suspension, or revocation of the permit or work permit, or relating to any violation for which civil penalties are being proposed to be imposed.
3.
Any other person, in the discretion of the Hearing Officer, may present testimony or other evidence relevant to the matter being heard.
4.
Failure of any person to appear at the scheduled time and place for the administrative adjudication hearing shall not preclude the Hearing Officer from conducting the hearing at such time.
5.
The person requesting the administrative adjudication hearing shall, upon request, be entitled to a single continuance of the hearing time and place, but in no event shall such continuance exceed a period of 10 calendar days.
D.
Within 10 days after the conclusion of the administrative adjudication hearing, the Hearing Officer shall render a written decision granting or denying the appeal and setting forth the grounds therefor. Said written decision shall be served on the appellant by personal service or by first class mail or certified mail, return receipt requested, at the address on the application for a permit or a work permit. The Hearing Officer may reduce or conditionally reduce any suspension being proposed or which had been summarily imposed. The Hearing Officer may also impose conditions and deadlines by which the permittee is to correct any violation the grounds for which was the cause for the proposed suspension or revocation or the summary suspension.
E.
In the event the administrative adjudication hearing is for the purpose of imposing a civil penalty in accordance with Section 5.60.200 of this chapter, the Hearing Officer shall, within 10 days, render a written decision granting or denying the appeal and setting forth the grounds therefor. Said decision shall be served on the appellant by personal service or by first class mail or certified mail, return receipt requested, mailed to the address approved on the permit or work permit. The Hearing Officer may reduce, waive, or conditionally reduce the civil penalties stated in the administrative citation, but in no event can the Hearing Officer reduce said civil penalty below the minimum established by resolution of the City Council. The Hearing Officer may also impose conditions and deadlines by which to correct the violation or pay any outstanding civil penalty.
F.
The failure of any person with an interest in the property upon which an adult-related establishment is proposed to be established or upon which an adult-related establishment exists to receive notice of the administrative adjudication hearing or the decision of the Hearing Officer shall not affect the validity of any proceedings taken under this section. Service of notice by mail in the manner described in this chapter shall become effective on the date of mailing.
G.
The failure of any person with an interest in the permit or the work permit to receive notice of the administrative adjudication hearing or the decision of the Hearing Officer when such notice has been mailed to the address on the application, permit, or work permit shall not affect the validity of any proceedings taken under this section. Service of notice by mail in the manner described in this chapter shall become effective on the date of mailing.
H.
The decision of the Hearing Officer regarding any appeal of the denial, suspension, or revocation of a work permit, or regarding the imposition of any civil penalties in accordance with this chapter shall be the final and binding administrative order and decision.
(Prior code § 5-816)
Any person aggrieved by the decision of the Hearing Officer regarding the denial, suspension, or revocation of a permit may appeal to the City Manager within 10 days of the issuance of the written decision by the Hearing Officer by filing such appeal in writing setting forth the grounds therefor. Failure to submit such written appeal to the City Manager within the 10-day period shall constitute a waiver of the right to appeal the decision of the Hearing Officer. The City Manager shall review the official record of the administrative adjudication hearing and may grant or deny such appeal using the standard of whether the decision of the Hearing Officer was an abuse of discretion or was as a result of bias or prejudice. No additional testimony or evidence shall be considered by the City Manager in conducting this review. In the event the City Manager grants such appeal, the City Manager may order that the permit be granted, the suspension or revocation be rescinded, or that a further administrative adjudication hearing be convened to hear the matter. The decision of the City Manager shall be final and binding. In the event the City Manager upholds the decision of the Hearing Officer and denies the appeal, the appellant shall be informed in writing of such denial and shall be advised of his or her right to pursue judicial review in accordance with applicable State law. Said written decision of the City Manager shall be made within 15 days of receipt of the notice of appeal, and shall be served on the appellant by personal service or by first-class mail or certified mail, return receipt requested, at the address on the application or permit.
(Prior code § 5-817)
It is unlawful for any person to violate any of the provisions, or fail to comply with any of the mandatory requirements of this chapter. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this chapter shall be punishable by a fine of not more than $1,000.00, or by imprisonment in the County Jail for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continues, or permitted by such person and shall be punished accordingly.
(Prior code § 5-818)
In the event it is deemed advisable and appropriate by the City Manager, the appropriate representative of the City may initiate proceedings in accordance with Chapter 1.40 of the Stockton Municipal Code to address a violation of any of the provisions or mandatory requirements of this chapter.
(Prior code § 5-819)
In addition to the penalties hereinabove provided and referenced, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and may be, by this City, summarily abated as such and each day such condition continues shall be regarded as a new and separate offense.
(Prior code § 5-820)
Upon revocation or suspension, the permit shall be returned to the Finance Director for cancellation or holding pending the period of suspension. The Finance Director may direct or cause the premises to be closed and locked against use by the public when deemed reasonably necessary by the Finance Director in order to ensure compliance with an order of suspension or revocation. In the case of a suspension of a permit, said closure of premises to the public shall not exceed 90 days and may be terminated prior to the expiration of such period upon request of the owner of the premises accompanied by a statement under oath that the premises will not be used as an adult-related establishment during the remainder of the suspension period.
(Prior code § 5-821)
Any person operating an adult-related establishment shall during the business hours be responsible for, and provide, that any premises used for the purposes of an adult-related establishment shall be readily accessible and open for inspection by law enforcement officers or other employees of the City who are charged with enforcement of health and safety or penal laws of the City or the State.
(Prior code § 5-822)
No person shall operate an adult-related establishment between the hours of 2:00 a.m. and 10:00 a.m.
(Prior code § 5-823)
No alcoholic beverages shall be sold, served, furnished, kept, or possessed on the premises of any adult-related establishment.
(Prior code § 5-824)
All operations of an adult-related establishment shall be conducted on the premises for which the permit was issued. No out-call services or entertainment or other activities which involve specified sexual activities or the display of specified anatomical areas, as defined herein, shall be performed.
(Prior code § 5-825)
No person issued a permit to operate an adult-related establishment shall operate under any name or conduct business under any designation not specified in the permit.
(Prior code § 5-826)
Upon a request to change the location of an adult-related establishment, an application to the Finance Director shall be made and such application shall be granted, provided all applicable provisions of this code have been complied with and the change of location fee, in an amount as may be established from time to time by resolution of the City Council, has been paid to the City.
(Prior code § 5-827)
The sale or transfer of any interest in any adult-related establishment shall be reported to the Finance Director 10 days prior to such sale or transfer. A new application, pursuant to Section 5.60.060, shall be filed and an investigation conducted pursuant to Section 5.60.080 as to the person obtaining such interest. If such person satisfies the requirements related to adult-related establishment operator applicants, the existing permit shall be endorsed to include such person. A fee in the same amount as the fee established for the sale or transfer of a massage establishment interest, as defined in this code, and as may be established from time to time by resolution of the City Council shall be paid to the City for the investigation necessitated by such sale or transfer.
(Prior code § 5-828)
The operator shall display the adult-related establishment permit, together with the work permit of each employee, in an open and conspicuous place on the premises. Passport size photographs of the operator and employee(s) shall be affixed to the respective permit and work permit(s) on display pursuant to this section. Residence addresses of the operator or employee(s) need not be displayed.
(Prior code § 5-829)
The operator of the adult-related establishment shall maintain a current file on all employees. This file shall contain, respectively, for the operator and each employee: the true name and aliases used; the age, birth date, height, weight, color of hair and eyes; home address, phone number, and social security number; and, the date of employment and termination. The operator shall make all records immediately available upon request of any law enforcement officer.
(Prior code § 5-830)
All operators of existing adult-related establishments, and all employees, as defined herein, in the City, upon the effective date of the ordinance codified in this chapter, shall file an application and comply with all requirements of this chapter within 90 days.
(Prior code § 5-831)
It is unlawful and a misdemeanor for any person to act as an employee, as defined herein, of an adult-related establishment without first having acquired a valid work permit from the Finance Director and complying with all of the regulations contained in this chapter.
(Prior code § 5-832)
An application for a work permit shall be filed with the Finance Director and shall be in writing on forms provided by the City and shall be accompanied by payment of a nonrefundable fee in the same amount as the fee established for a massage technician's work permit, as defined in this code, and as may be established from time to time by resolution of the City Council. Any such application shall be under oath, in duplicate, and shall contain such information pertinent to the applicant as the City may require. Such information shall include, but may not be limited to, the following:
A.
The name, including all aliases, by which the applicant is or has ever been known;
B.
The applicant's present residence address and the residence addresses and dates thereof for the three years immediately preceding the date of application;
C.
The applicant's date of birth, height, weight, color of eyes and hair;
D.
The business, occupation, or employment, and location of business, occupation, or employment, of the applicant for the three years immediately preceding the date of application;
E.
The applicant's social security number and driver's license number, if any;
F.
The adult-related establishment or similar business license or permit history of the applicant including whether such applicant has previously operated in this or another City or State under a license or permit, whether such applicant has had such license or permit suspended or revoked and the reason therefor, and the business activity or occupation of such applicant subsequent to such license or permit suspension or revocation;
G.
Whether the applicant has ever been convicted of any of the following:
1.
An offense involving conduct which requires registration pursuant to California Penal Code Section 290, or as such section may hereafter be amended or renumbered,
2.
An offense involving sexual misconduct with children,
3.
An offense involving theft or a series of petty theft offenses,
5.
An offense involving conduct which requires registration pursuant to California Health and Safety Code Section 11590,
7.
Conspiracy to commit or an attempt to commit any of the aforesaid offenses, and
8.
Any offense in a jurisdiction outside of the State of California which is equivalent to any of the aforesaid offenses.
H.
Whether the applicant 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 or the operation of a house of prostitution in such other jurisdiction. If any applicant herein has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other State to engage in prostitution or operate a house of prostitution, a statement shall be submitted giving the place of such registration, licensing, or legal authorization, and the inclusive dates during which the applicant was so licensed, registered, or authorized;
I.
Whether the applicant or former employer of the applicant while so employed, or a building in which the applicant was employed or a business was conducted by the applicant, was ever subjected to an abatement proceeding pursuant to California Penal Code Section 11225, 11470, or 11570, as such section may hereafter be amended or renumbered, or pursuant to similar provisions of law in a jurisdiction outside the State.
(Prior code § 5-833)
The applicant for a work permit shall accompany the application with the following documents:
A.
Two recent passport-size portrait photographs of the applicant;
B.
Written proof that the applicant is at least 18 years of age;
C.
Two copies of applicant's fingerprints on forms provided by the Stockton Police Department.
(Prior code § 5-834)
The Finance Director shall refer all applications for a work permit to the Chief of Police who shall conduct an investigation and make written recommendations to the Finance Director concerning the background investigation. Such investigation shall include, but may not be limited to, those areas listed in Section 5.60.080 of this chapter.
(Prior code § 5-835)
A work permit to be an employee in an adult-related establishment shall be valid for a period of one year from the date of issuance, unless earlier suspended or revoked. Any person who holds a valid work permit may obtain a new work permit for the succeeding year by applying for said work permit, in accordance with Section 5.60.340 of this chapter, during the 30 days preceding the expiration date of the current permit.
(Prior code § 5-836)
The Finance Director shall review the application together with the reports and recommendations of the Chief of Police, Fire Chief, and Community Development Director, and, within 20 days of receipt of the report from the Department of Justice of the State dealing with the background investigation, shall grant said work permit or notify the applicant that the Finance Director proposes to deny said work permit, together with the grounds for denial as set forth in Section 5.60.390. Said notice may be by personal delivery or by certified mail, return receipt requested, addressed to the address which the applicant provided on the application. In the event of denial of said work permit, the applicant may appeal said denial in accordance with Section 5.60.160 by filing notice thereof with the City Manager within 30 days of the date the notice was mailed.
(Prior code § 5-837)
Any work permit issued hereunder may be suspended and/or revoked by the City Manager after a hearing pursuant to Section 5.60.170 where it is found that:
A.
The employee has violated any of the provisions of this chapter;
B.
The employee has been convicted in a court of competent jurisdiction of any offense constituting grounds for denial of the work permit pursuant to Section 5.60.390 of this chapter;
C.
The employee has engaged in fraud, misrepresentation, or false statements while performing services, entertainment, or other activities in an adult-related establishment; or
D.
The employee has continued to operate as an employee in an adult-related establishment after the work permit has been suspended.
(Prior code § 5-839)
Upon suspension, the work permit shall be returned to the Finance Director for holding during the period of suspension. Upon revocation, the work permit shall be returned to the Finance Director for cancellation.
(Prior code § 5-840)