The following terms used in this chapter shall have the meanings
indicated below:
means any person, male or female, who poses to be observed,
viewed, sketched, painted, drawn, sculptured, photographed, or otherwise
similarly depicted.
means any premises where there is conducted the business
of furnishing, providing, or procuring figure models who pose for
the purpose of being observed or viewed by any person, or being sketched,
painted, drawn, sculptured, photographed or otherwise similarly depicted
in the nude or seminude before persons who pay a fee, or any other
thing of value, as consideration, compensation, or gratuity, for the
right or opportunity so to depict a figure model, or for admission
to, permission to, or as a condition of, remaining upon the premises.
Figure model studio does not include any studio or classroom which
is operated by any state college or public junior college or school
wherein the person operating said studio or classroom has met the
requirements established in Division 21 of the Education Code for
the issuance or conferring of, and is in fact authorized thereunder
to issue and confer a diploma or honorary diploma.
means the exposure of male or female genitals, vulva, anus,
pubic hair or cleft of the buttocks; or the exposure of any device
which is intended to simulate either the male or female genitals,
vulva, anus, pubic hair or cleft of the buttocks; or the exposure
by any female of any portion of her breasts at or below the areola.
(2045-5/76)
No person operating a figure model studio shall allow any customer
or patron to disrobe while on the premises.
(2087-7/76)
A person operating a figure model studio shall cause a sign
to be posted in a conspicuous place visible from the main entrance
of the establishment. Said sign shall contain the following message
in letters of at least one and one-half inches in height and a corresponding
width: "PATRONS ARE PROHIBITED FROM DISROBING ON PREMISES."
(2087-7/76)
A.
No person
shall engage in, conduct, manage or carry on the business of nude
or semi-nude modeling, simulated nude or semi-nude modeling, or conduct,
manage or carry on any place where such modeling is available or open
to the public without a written permit. No person shall act as a nude
or semi-nude model or simulated nude or semi-nude model for a fee
or gratuity without a written permit from the Police Chief.
B.
A figure
model studio permit shall not be issued to any person under 18 years
of age or to a partnership, association or corporation, any officer
or manager of which is under 18 years of age.
(2045-5/76)
Each person, before obtaining a permit to carry on the business
of nude or semi-nude modeling or any form of simulated nude or semi-nude
modeling for a fee or gratuity, shall make a written application to
and upon forms furnished by the Police Chief, which shall be signed
by such applicant. In addition to any other information which may
reasonably be required by the Police Chief, the application shall
show the true name of the applicant, any previously used fictitious
name or names, his or her age, present address, proposed business
address, and the business name and address of any similar businesses
previously or currently conducted by the applicant. The applicant
shall furnish his or her fingerprints and a recent photograph of him
or herself to the Police Chief.
(2045-5/76)
The Police Chief shall issue such permit to such applicant if
it shall reasonably appear to him or her, after investigation, that
the applicant possesses good moral character and is a proper person
to conduct or work at such business. The Police Chief shall issue
such permit to the applicant or deny such application within 60 days
from the date of receipt of the application and investigation fees.
(2045-5/76)
A fee of $25.00 shall be paid upon the filing of each application
for a permit for the purpose of defraying investigation costs and
expenses incidental to the processing of said application. The fee
shall be payable to the City Clerk. Fees are not refundable.
(2045-5/76)
Any applicant for a permit as defined in Section 5.60.030 which is refused a permit by the Police Chief may within 10 days of notice of refusal, appeal the refusal to the City Council.
(2045-5/76)
Upon recommendation of the Police Chief, the City Manager may temporarily suspend the permit of any person holding same in the City, upon receiving satisfactory evidence that the permittee has been arrested or indicted for any violation of the provisions of this chapter or any other law or ordinance of the City or state relating to such business. Said temporary suspension shall remain in effect until such time as the criminal charges are dismissed entirely or the permittee is acquitted of the pending criminal charges or the permit is revoked, according to Section 5.24.080 of this Code. Whenever the permit shall have been temporarily suspended under the terms of this section, no other application for permit to carry on a similar business by such person shall be considered during the period of suspension. The action of the City Manager in temporarily suspending a permit under this section is appealable by the permittee to the City Council. Such appeal must be taken in writing within 10 days after notice is given by the City Manager to the permittee of such suspension. The City Council may sustain, overrule or modify the Manager's order of suspension.
(2045-5/76)
The City Council may revoke or suspend the permit and license of any person holding same in the City, upon receiving satisfactory evidence that the permittee or licensee has been convicted of, or has entered a plea of guilty to any violation of the provisions of this section or any other law or ordinance of the City or state relating to such business, or upon the recommendation of the Police Chief. The Police Chief may recommend revocation of any permit issued or granted under Section 5.60.040 of this Code if, after investigation the permittee is determined to be a person who is not of good moral character or who is determined not to be a proper person to conduct or work at said business, or upon receipt of evidence that the permittee is engaging in immoral, improper or otherwise objectionable conduct or behavior. Whenever permit or license shall have been revoked under the terms of this section, no other application for a permit to carry on a similar business by such person shall be considered for a period of one year from the date of such revocation.
(2045-5/76)
No permit shall be revoked until a hearing thereon shall have
been had by the City Council, notice of which hearing shall have been
given in writing and served at least 10 days prior to the date of
such hearing upon the holder of such permit, his or her manager or
agent, which notice shall state the grounds of the complaint against
the holder of such permit, and the time and place where the hearing
will be held. The notice shall be served on the holder of such permit
by delivering the same to the holder, his or her manager or agent,
or by leaving the notice at the place of business or residency of
such holder with some adult person. If the holder of the permit cannot
be found and service of such notice cannot be made upon him or her
in the manner herein provided, then a copy of the notice shall be
addressed to the holder of such permit at his or her place of business
and deposited in the United States mail at Huntington Beach, California,
with postage thereon fully prepaid, at least 10 days prior to date
of such hearing. The time of such notice may be shortened by the City
Council with the written consent of the holder of the permit.
(2045-5/76)
A.
Every
person engaged in the business of operating a figure model studio
shall be open at all times during business hours to the inspection
of the Police Chief or any other officer of the City.
B.
A person
operating a figure model studio shall be responsible for and shall
provide that any room or area used for the purpose of figure modeling
shall be readily accessible at all times and shall be open to view
in its entirety for inspection by the Police Chief or any other officer
of the City. No door shall be secured in any manner so as to impede
inspection during normal business hours.
(2045-5/76)
No person operating a figure model studio shall permit any type
of communication device to be installed or used in any manner on the
premises so as to interfere with or hinder inspections by the Police
Chief or any other officer of the City.
(2045-5/76)
No permittee or operator of a figure model studio shall employ,
or utilize the services in any way of a figure model who does not
possess a valid and subsisting permit to work for the permittee.
(2045-5/76)
The permit issued by the Police Chief to a figure model shall
be retained on the person of such figure model while actually engaged
in such activity and shall be displayed to any police officer or another
officer of the City upon demand.
(2045-5/76)
The permit issued by the Police Chief to a person to act as
a figure model for a licensed figure model studio shall be returned
by such figure model to the Police Chief within five days after such
figure model is no longer so employed.
(2045-5/76)
Subject to the approval of the City Manager, the Police Chief
may make such rules and regulations, not inconsistent with the requirements
hereof, governing figure model studios and/or figure models.
(2045-5/76)
