The following terms used in this chapter shall have the meanings indicated below:
Wherever reference to an "appeal" being filed or available to be filed, such right of appeal shall also include the right to appeal administrative determinations made by the City Manager/designee pursuant to this chapter and Chapters 5.10 and 5.12 to a Designated Hearing Officer using the procedures set forth in Chapter 1.12. Wherever the term "appeal" is used hereunder—including any time limit to act on an appeal—such term shall also mean a complete appeal being filed which includes all identified information and payment of any appeal fee.
Figure Model.
"Figure model" means any person, male or female, who models or poses at a nude model studio while nude or seminude to be observed, viewed, sketched, painted, drawn, sculpted, photographed, or otherwise similarly depicted.
Nude Model Studio.
"Nude model studio" means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be conversed with or be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons, for any form of consideration. Nude model studio shall not include any classroom of any school licensed under State law to provide art education, while such classroom is being used in a manner consistent with such State license.
Specified Criminal Act.
"Specific criminal act" also means "specified criminal acts" and includes sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, the distribution of obscenity; convictions involving the distribution, display, or sale of material harmful to minors; prostitution; or pandering. "Specified criminal acts" excludes those acts which are authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600 to 900.
(Ord. 167 § 4, 2007; Ord. 247 § 23, 2013)
A. 
No person shall engage in, conduct, perform, model or pose as a figure model, or conduct, manage, or carry-on any place where such posing or modeling is available or open to the public within the City without first obtaining a figure model license pursuant to the provisions of this chapter, and securing the necessary zoning permits and business licenses required by the Code. No person shall act as a figure model for a fee or gratuity without a license from the City.
B. 
Any figure model who is currently employed as such on the date the ordinance codified in this chapter becomes effective shall have six months from the effective date of the ordinance codified in this chapter to obtain a license hereunder.
(Ord. 167 § 4, 2007)
A. 
Applications for figure model licenses shall be filed with the City Manager on forms supplied by the City, together with a fee established by resolution of the City Council to cover the cost of processing and investigation. The application shall be signed and verified by the applicant under penalty of perjury and shall contain such information as set forth below.
B. 
Any applicant for a license shall submit the following information:
1. 
The full name and present address of the applicant;
2. 
The two previous addresses immediately prior to the present address of the applicant;
3. 
Written proof that the applicant is over the age of 18 years;
4. 
Applicant's height, weight, color of eyes and hair;
5. 
Applicant's business, occupation, or employment for the three years immediately preceding the date of the application;
6. 
The business license and/or permit license history of the applicant, including whether the applicant has ever had any license or permit issued by any agency, board, City, County, territory or State. The date of issuance of such license or permit, including whether the license or permit was denied, revoked or suspended shall also be included;
7. 
All criminal convictions, excluding minor traffic violations and those convictions authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600 to 900, including date and place of each such conviction and the reason thereof;
8. 
Authorization for the City, its agents and employees, to seek verification of the information contained in the application;
9. 
A statement in writing, signed and dated by the applicant, that he or she certifies under penalty of perjury that all information contained in the application is true and correct;
10. 
Attached to the application form as provided above, two color photographs of the applicant clearly showing the individual's face, and the individual's fingerprints on a form provided by the entity providing law enforcement services to the City. For persons not residing in the City, the photographs may be on a form from the law enforcement jurisdiction where the person resides. Any fees for the photographs and fingerprints shall be paid by the applicant. The application form shall be signed under penalty of perjury.
C. 
Notwithstanding the fact that an application filed hereunder may be a "public record" under Government Code Section 6250 et seq., certain portions of such application contain information vital to the effective administration and enforcement of the licensing and/or permit scheme established herein which is personal, private, confidential, or the disclosure of which could expose the applicant to a risk of harm. Such information includes, but is not limited to, the applicant's residence address and telephone number, the applicant's date of birth and/or age, the applicant's driver's license and/or Social Security number, and/or personal financial data. The City Council in adopting the application and licensing and/or permit system set forth herein has determined in accordance with Government Code Section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this chapter by ensuring that the applicant's privacy, confidentiality, or security interests are protected. The City Clerk shall cause to be obliterated from any copy of a completed license application made available to any member of the public, the information set forth above.
(Ord. 167 § 4, 2007)
A. 
Upon receiving a complete application for a figure model license, the City Manager, or designee thereof, shall cause an investigation to be made to determine whether a license should be issued as requested. The designated head of the entity providing law enforcement services to the City shall, within 10 days of the filing of a complete application, recommend that the City Manager, or designee thereof, approve, conditionally approve, or deny the application based on the information obtained during the investigation, including that obtained pursuant to Section 2.62.014 of this Code. Whereupon the City Manager, or designee thereof, shall issue the license within 20 days of the receipt of a complete application by the City unless the City Manager makes one of the findings set forth in subsection B below. Should the City Manager fail to issue or deny the license within said 20 day period, the license shall be issued by the City subject to the restrictions in the balance of this chapter and all other laws and City ordinances or regulations. In the event the information requested pursuant to Section 2.62.014 of this Code is not available within said 10 day period, the designated head of the law enforcement entity providing police services to the City shall—if the application otherwise meets the requirements of this Code—recommend issuance of the figure model license. Should the information obtained pursuant to Section 2.62.014 of this Code materially vary from that on the application, such variance shall be cause to suspend or revoke the license. Any license issued prior to the City receiving the information required by Section 2.62.014 of this Code shall state clearly on its face that the license is subject to suspension or revocation pursuant to Sections 5.10.026 and 5.13.026 of this Code. In no event shall the decision to grant or deny the license be based on information authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600 through 900.
B. 
The City Manager, or designee thereof, shall issue such license as requested, unless the City Manager, or designee thereof, makes any of the following findings:
1. 
The applicant has been convicted of a specified criminal act for which:
a. 
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 which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; the distribution, display or sale of material harmful to minors; prostitution; or pandering; or
b. 
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 the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; the distribution, display, or sale of material harmful to minors; prostitution; or pandering; or
c. 
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 acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering; conviction of any such offense occurring within 24 months prior to application;
d. 
Has been convicted of any offense in any other state which is the equivalent of any of the above-mentioned offenses.
2. 
The applicant:
a. 
Has committed an act in another jurisdiction, which, if done by a licensee under this chapter, would be grounds for denial, suspension or revocation of the license;
b. 
Has made a false, misleading or fraudulent statement of fact to the City in the license application process;
c. 
Has failed to submit a complete application and the application does not contain all of the information required;
d. 
Is proposing to do business at a nude model studio which does not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards.
3. 
The location of the proposed nude model studio is at a site or location that does not meet the requirements of Section 9.08.012 of this Code or the location of the proposed business does not have the adult-oriented business license and adult use planning permit required by this Code.
(Ord. 167 § 4, 2007; Ord. 247 §§ 24, 25, 2013)
A. 
If an application for a figure model license is denied by the City Manager, the applicant shall have 15 days from the date of the letter from the City Manager denying the license in which to appeal the decision in accordance with the procedures set forth in Chapter 1.12 of this Code. The Hearing Officer shall act on the appeal within 45 days from the date the application was denied by the City Manager. Otherwise, the application shall be deemed approved and the applicant shall be entitled to engage in the proposed action subject to the remaining provisions of this chapter and all other applicable laws and City ordinances and regulations.
B. 
If the application for a figure model license is approved or deemed approved by the City Manager's actions or failure to act, such action or inaction may be appealed by the applicant or any aggrieved party in accordance with the procedures set forth in Chapter 1.12 of this Code.
(Ord. 167 § 4, 2007)
A. 
No license issued hereunder shall be transferable to any other person.
B. 
Figure model licenses shall be issued for the period of 12 months and shall expire 12 months from issuance.
C. 
Renewal applications shall be filed no later than 30 days prior to the expiration of the license to prevent a lapse of the license.
D. 
Each applicant for renewal shall file such information as may be required by the City Manager to update the information required for his or her original license application. The application for renewal shall include the appropriate filing fees as set by resolution of the City Council.
(Ord. 167 § 4, 2007)
It is unlawful and a misdemeanor subject to punishment in accordance with Section 1.01.200 et seq. of this Code for any person operating a nude model studio or any employee or independent contractor thereof— including a figure model—to allow any customer or patron to disrobe while on the premises. A person operating a nude model studio shall cause a sign, to be posted in a conspicuous space visible from the main entrance of the establishment, containing the message, with one and one-half (1½) inch height and width lettering, which reads:
PATRONS ARE PROHIBITED
FROM DISROBING ON PREMISES.
(Ord. 167 § 4, 2007)
No operator of a nude model studio shall employ or utilize the services in any way of a figure model who does not possess a valid license therefor.
(Ord. 167 § 4, 2007)
The license issued pursuant to this chapter for each figure model shall be displayed within an area on the premises where it can be inspected at all times by City officials or agents thereof.
(Ord. 167 § 4, 2007)
A. 
License Renewal. The City Manager may refuse to renew a license or may revoke or suspend an existing license on the grounds that the applicant or license holder has failed to comply with the license conditions or other requirements of this chapter. If in reviewing the application for renewal, the City Manager, or designee thereof, determines that the application will likely be denied, then the City Manager, or designee thereof, shall cause an administrative hearing to be held within 20 days from the date on which the complete application was filed with the City. At the hearing, the applicant may present evidence supporting the application or contradicting the evidence presented by the City. If a suspended license lapses during the suspension period, a new application must be made at the end of the suspension period. In any such case, the applicant or license holder shall have the right to appeal in accordance with Section 5.13.027.
B. 
Revocation and Suspension.
1. 
The City Manager or his/her designee or the City Council may initiate proceedings to consider the suspension or revocation of an existing figure model license as may be necessary to assure the preservation of the public health and safety. Such proceedings shall include a hearing wherein the license holder is provided the opportunity to refute any evidence or findings of the City.
2. 
The City Council, the City Manager, or designee thereof, may revoke or refuse to renew a figure model license if he/she makes any of the findings for denial of a license under Sections 5.13.014 and 5.13.016, or upon any subsequent violation of any provision of this chapter or Chapter 5.10 within one year following the date of a prior suspension.
3. 
The City Manager, or designee thereof, may suspend a figure model license for a period of 30 days for any violation of the provisions of this chapter or Chapter 5.10.
C. 
Notice. When the City Manager concludes that grounds for denial, suspension, revocation, or refusal to renew a license exist, the City Manager shall serve the applicant or license holder, either personally or by certified mail, addressed to the business or residence address of applicant or license holder, with a notice of denial or notice of intent to suspend, revoke, or refuse to renew license. In the event certified mail is used, the notice shall also be sent by regular first-class mail to the same address with postage fully paid thereon. This notice shall state the reasons for the proposed action, the effective date of the decision if no appeal is filed by applicant or license holder, and the right of the applicant or license holder to appeal to the decision of the City Manager in accordance with the procedures set forth in Section 5.13.027.
(Ord. 167 § 4, 2007)
A. 
The decision of the City Council, City Manager or his/her designee to deny, revoke, or suspend a license shall be appealable in accordance with the procedures set forth in Chapter 1.12 of this Code.
B. 
Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this division or may request a continuance regarding any decision or consideration by the City of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the City or constitute failure by the City to provide for prompt decisions on applications.
C. 
Failure of the Hearing Officer to render a decision to grant or deny an appeal of a license denial within the time frames established by this section shall be deemed to constitute an approval of the adult business license.
D. 
The time for a court challenge to a decision of the City Council is governed by California Code of Civil Procedure Section 1094.8.
E. 
Notice of the Hearing Officer's decision and its findings shall include citation to California Code of Civil Procedure Section 1094.8.
F. 
Any applicant or license holder whose license has been denied, suspended, or revoked pursuant to this section shall be afforded prompt judicial review of that decision as provided by California Code of Civil Procedure Section 1094.8.
(Ord. 167 § 4, 2007)
It is unlawful and a misdemeanor for any person to violate any provision of this chapter and shall subject the violator to punishment in accordance with Section 1.01.200 et seq. of this Code.
(Ord. 167 § 4, 2007)
The initial application fee, the initial license fee, the annual renewal fee, and all appeal fees for license related activities pursuant to this chapter shall be set by resolution of the City Council.
(Ord. 167 § 4, 2007)