The intention of the licensing requirement is to provide enforcement
agencies sufficient information to assist them in ensuring that criminal
elements do not infiltrate adult businesses, that minors are not employed
in such establishments, and that the establishments will comply with
zoning and operational standards imposed by this code.
(Ord. 924 § 3, 2001)
The definitions in this chapter shall be the definitions provided in Section 5.88.020.
(Ord. 924 § 3, 2001)
A.
The
application fee for an adult entertainment establishment permit shall
be five hundred dollars and is nonrefundable and shall be used to
defray the cost of investigation, processing and hearing set forth
in this chapter. The application fee for an adult entertainer permit
shall be one hundred dollars. The fees set forth in this chapter shall
be in effect until the city council shall by resolution fix some other
rate based upon a cost factor.
B.
All
permits shall expire on December 31st of the calendar year for which
they were issued. Applications for a renewal of a permit shall be
made on or before November 30th of the year preceding the year for
which the renewal permit is sought. The renewal application fee for
an adult entertainment establishment permit shall be one hundred dollars.
The renewal application fee for an adult entertainer permit shall
be twenty-five dollars. The renewal application fees are nonrefundable
and shall be used to defray the cost of investigation and processing
to renew applications. The fees set forth in this subsection shall
be in effect until the city council shall by resolution fix some other
rate based upon a cost factor.
C.
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
an adult entertainment establishment, or as an adult entertainer.
(Ord. 924 § 3, 2001)
A.
Any
person, association, partnership or corporation desiring to obtain
a permit for an adult entertainment establishment shall make an application,
under oath, to the city manager on 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, and telephone number of
the adult entertainment establishment:
a.
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 adult entertainment establishment. The applicant shall show
that the corporation is in good standing under the laws of California,
b.
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 adult entertainment establishment;
3.
The
name and permanent address of the owner of the property upon which
the applicant intends to locate the adult entertainment establishment;
4.
In
the event the applicant is not the owner of record of the real property
upon which the adult entertainment establishment 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 an adult
entertainment establishment 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 adult entertainment
establishment will be located;
5.
The
date, hours and location where the adult entertainment establishment
is proposed to be conducted;
6.
The
name(s) of person(s) having the management or supervision of the applicant's
business;
7.
Whether
or not the applicant has been convicted, within the last five years,
of a specified criminal act, the nature of such offense, the date
of conviction, place convicted, and the sentence received therefor.
If the applicant is a corporation, this requirement applies to each
of the officers, directors, and/or stockholders owning not less than
the percent of the stock of the corporation. If the applicant is a
partnership, this requirement applies to each of the partners, including
limited partners.
8.
Whether
or not the applicant has ever had any similar license or permit 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;
9.
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;
10.
Acceptable written proof that the applicant is at least eighteen
years 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;
11.
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;
12.
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;
13.
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;
14.
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 frontface 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
frontface 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 fingerprints which shall be taken by the city
police;
15.
A detailed description of the proposed entertainment, including type
of entertainment, number of persons engaged in the entertainment and
any further information about the entertainment or entertainers, as
the city manager may deem necessary;
16.
The name and address of any other adult entertainment establishment
owned or operated by any person whose name is required to be given
in subsection (A)(2)(a) or (A)(2)(b) of this section;
17.
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;
18.
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;
19.
Such other identification and information necessary to discover the
truth of the matters required to be set forth in the application;
20.
Applicant must furnish for any person whose name is required to be
given in subsection (A)(6) of this section the information requested
by subsections (A)(1) and (A)(9) through (A)(18) of this section;
21.
A sketch or diagram showing the configuration of the premises, including
a statement of total floor space occupied by the business. The sketch
or diagram need not be professionally prepared, but it must be drawn
to a designated scale or drawn with marked dimensions of the interior
of the premises to an accuracy of plus or minus six inches;
22.
A current certificate and straight-line drawing prepared within thirty
days prior to application by a California registered land surveyor
depicting the property lines of the proposed adult entertainment establishment
and any uses, zones or districts, for which distance standards are
in effect pursuant to Section 25.110.010.
B.
The
holder of the permit for an adult entertainment establishment shall
notify the city's code compliance department of each change in any
of the data required to be furnished by this section within thirty
days after such change occurs.
(Ord. 924 § 3, 2001)
A.
Any
person desirous of being engaged as an adult entertainer must first
register pursuant to this section. Application shall be made to the
city manager.
B.
An application
for adult entertainment registration certificate shall include the
following:
1.
Name,
including all names, nicknames and aliases by which the applicant
has been known; and residence addresses for the last three years;
2.
Social
security number, driver's license number, if any, and date of birth;
3.
Applicant's
weight, height, color of hair and eyes, and sex;
4.
Written
evidence that the applicant is at least eighteen years of age;
5.
Fingerprints
of the applicant by the police department;
6.
Two
front-faced portrait photographs taken within thirty days of the date
of application and at least two inches by two inches in size;
7.
Whether the applicant has within the two- or five-year period as specified in Section 5.89.050 immediately preceding the date of the application, been convicted of a specified criminal act and, if so, the specified criminal act involved, the date of conviction and the place of conviction.
8.
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;
9.
Written
declaration by the applicant, under penalty of perjury, that the foregoing
information contained in the application is true and correct, said
declaration being duly dated and signed in the city.
(Ord. 924 § 3, 2001)
A.
"Specified
criminal acts" with respect to this chapter means acts which are sexual
crimes against children, sexual abuse, rape, or crimes connected with
adult entertainment establishments including, but not limited to the
distribution of obscenity or material harmful to minors, prostitution
or pandering.
B.
No adult entertainment establishment shall operate within the city, nor shall an adult entertainer perform within the city, if any person required to be listed on an application pursuant to Sections 5.89.040 or 5.89.050 has been convicted of a "specified criminal act" for which:
1.
Less
than two years have elapsed since the date of conviction or the date
of release from confinement, whichever is the later date, if the conviction
is of a misdemeanor offense for the specified criminal acts;
2.
Less
than five years have elapsed since the date of conviction or the date
of release from confinement, whichever is the later date, if the conviction
is of a felony offense, for a specified criminal act;
3.
Less
than five years have elapsed since the date of conviction or the date
of release from confinement, whichever is the later date, if the convictions
are of two or more misdemeanors for the specified criminal act occurring
within any twenty-four-month period;
4.
The
fact that a conviction is being appealed shall have no effect on disqualification
of the applicant.
(Ord. 924 § 3, 2001)
A.
Upon
receipt of an application for an adult entertainment establishment
permit, the city manager or his or her designee shall determine, within
five business days, if the information provided is complete. If the
information is not complete, the city manager shall provide written
notice to the applicant of the reasons for the determination that
the application is incomplete.
B.
Upon
receipt of a complete application, the city manager shall direct that
an investigation be made regarding compliance of the application with
the requirements of this code.
C.
The
city manager shall grant an application for an adult entertainment
establishment permit if he or she finds and determines all of the
following:
1.
The
conduct of the adult entertainment establishment, as proposed by the
applicant, will comply with all applicable laws, including but not
limited to, the city's building, zoning and health regulations;
2.
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;
3.
The
applicant and any other person who will be directly engaged in the
management and operation of the place of the adult entertainment establishment
are not under the age of eighteen years.
(Ord. 924 § 3, 2001)
A.
Upon
receipt of an application for an adult entertainment permit, the city
manager or his designee shall determine, within two business days,
if the information provided is complete. If the information is not
complete, the city manager shall provide written notice to the applicant
of the reasons for the determination that the application is incomplete.
B.
Upon
receipt of a complete application, the city manager, or his or her
designee, shall direct that such investigation as necessary be made
in the application. The city manager shall, within five business days
of receipt of a completed application, issue an adult entertainment
permit if he or she finds and determines that:
(Ord. 924 § 3, 2001)
A.
The
city manager shall deny, suspend or revoke any permit applied for,
or issued under this chapter, if he or she finds and determines that:
1.
The
business or entertainment conducted by permittee, its agents or employees,
does not comply with all applicable laws, including, but not limited
to, the city's building zoning and health regulations;
2.
Permittee,
its agents or employees knowingly procured or attempted to procure
such permit by false statements, representations or non-disclosure
of 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;
3.
The
permittee, its agents or employees cease to meet any of the requirements
of the permit;
B.
If a
permit is denied, suspended or revoked, the city manager shall promptly
give the permittee notice thereof and the findings for such denial.
The applicant aggrieved by the action of the city manager may appeal
by filing a written appeal within ten days of notice of denial, suspension
or revocation, with the city clerk. The city council may hear the
appeal itself, or appoint a neutral hearing officer to hear and determine
the matter. Any appeal hearing shall be conducted within fifteen days
of the appeal period. The decision of the city council or designated
hearing officer shall be final. The decision is subject to judicial
review pursuant to Code of Civil Procedure § 1094.8.
(Ord. 924 § 3, 2001)
Upon sale, transfer or relocation of an adult entertainment establishment, the permit therefor shall be null and void unless approved as provided in Section 5.89.040; provided, however, that upon the death or incapacity of the permittee, heir or devisee of a deceased permittee, or any guardian of an heir or devisee of a deceased permittee, may continue the adult entertainment establishment for a reasonable period of time not to exceed sixty days to allow for an orderly transfer of the permit.
(Ord. 924 § 3, 2001)
