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,
d.
An offense as defined in California Penal Code Sections 243.4, 261,
261.5, 262, 266, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 309, 311.2,
311.3, 311.4, 311.5, 311.6, 311.11, 313.1, 314, 315, 316, 318, 647(a),
647(b), 647(d), or 647.6, as such sections may hereafter be amended
or renumbered,
e.
An offense involving conduct which requires registration pursuant
to California Health and Safety Code Section 11590,
f.
Any felony offense specified in Division 10 of the California Health
and Safety Code,
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 applicant for a permit shall accompany the application with
the following documents:
A.
Two
recent passport-size portrait photographs of the applicant; and
B.
Written
proof that the applicant is at least 18 years of age.
(Prior code § 5-806)
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,
4.
An
offense as defined in California Penal Code Sections 243.4, 261, 261.5,
262, 266, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 309, 311.2, 311.3,
311.4, 311.5, 311.6, 311.11, 313.1, 314, 315, 316, 318, 647(a), 647(b),
647(d), or 647.6, as such sections may hereafter be amended or renumbered,
5.
An
offense involving conduct which requires registration pursuant to
California Health and Safety Code Section 11590,
6.
Any
felony offense specified in Division 10 of the California Health and
Safety Code,
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)
The grounds for denial of a work permit shall be those listed in Section 5.60.120 with the exception of subsection A thereof.
(Prior code § 5-838)
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)
