Every person who proposes to maintain, operate, or conduct an adult-oriented business in the City of San Leandro shall file an application with the Police Chief on a form provided by the City and shall pay a filing fee, as established by resolution adopted by the City Council from time to time, which shall not be refundable.
(a)
Adult-Oriented Business Regulatory Permits are nontransferable, except in accordance with Section 4-24-320. Therefore, all applications shall include the following information:
(1)
If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address, and satisfactory written proof that he or she is at least 21 years of age.
(2)
If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.
(3)
If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process.
(b)
If the applicant is an individual, he or she shall sign the application. If the applicant is someone other than an individual, an officer of the business entity or an individual with a 10% or greater interest in the business entity shall sign the application.
(c)
If the applicant intends to operate the adult-oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult-oriented business and show proof of registration of the fictitious name.
(d)
A description of the type of adult-oriented business for which the permit is requested and the proposed address where the adult-oriented business will operate, plus the names and addresses of the owners and lessors of the adult-oriented business site.
(e)
The address to which notice of action on the application is to be mailed.
(f)
The names of all employees, independent contractors, and persons who will perform at the adult-oriented business, who are required by 4-24-150 to obtain an adult-oriented business performer or employee license (for ongoing reporting requirements, see Section 4-24-150).
(g)
A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult-oriented business. The sketch or diagram need not be professionally prepared, but 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.
(h)
A certificate and straight line drawing prepared within 30 days prior to the application depicting the building and the portion thereof to be occupied by the adult-oriented business, and (1) the property line of any other adult-oriented business within 1,000 feet of the primary entrance of the adult-oriented business for which a permit is requested; and (2) the property lines of any place of religious assembly, school, park, residentially zoned land, day care center, or boys and/or girls clubs within 1,000 feet of the primary entrance of the adultoriented business.
(i)
A diagram of the off-street parking areas and premises entries of the adult-oriented business showing the location of the lighting system required by Section 4-24-400(c).
(j)
If the Police Chief determines that the applicant has completed the application improperly, the Police Chief shall promptly notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of 10 days or less to complete the application properly. In addition, the applicant may request an extension, not to exceed 10 days, of the time for the Police Chief to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.
(k)
The fact that an applicant possesses other types of state or City permits or licenses does not exempt the applicant from the requirement of obtaining an adult-oriented business regulatory permit.
(a)
Upon receipt of a completed application and payment of the application and permit fees, the Police Chief shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued an adult-oriented business regulatory permit.
(b)
The Police Chief shall mail notice of the application to all owners of real property as shown on the latest equalized assessment roll within 1,000 feet of the property that is the subject of the application. This notice shall provide the name of the applicant, the address of the premises and the name of the property owner. This notice shall also be posted on the property and in no less than five but no more than 10 public places within 1,000 feet of the property. This notice shall be provided solely for the purpose of assisting the Police Chief in determining whether any sensitive uses, as defined in Article 16-4-1683(B)(2) are within 1,000 feet of the premises. The failure to provide this notice shall not be grounds for the denial or revocation of the license.
(c)
Within 30 days of receipt of the completed application, the Police Chief shall complete the investigation, grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows:
(1)
The Police Chief shall write or stamp "Granted" or "Denied" on the application and date and sign such notification.
(2)
If the application is denied, the Police Chief shall attach to the application a statement of the reasons for denial.
(3)
If the application is granted, the Police Chief shall attach to the application an adult-oriented business regulatory permit.
(4)
The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.
(d)
The Police Chief shall grant the application and issue the adult-oriented business regulatory permit upon finding that the proposed business meets the locational criteria of Article 16-4-1683 of the Zoning Code, and that the applicant has met all of the development and performance standards and requirements of Section 4-24-400, unless the application is denied for one or more of the reasons set forth in Section 4-24-315. The permittee shall post the permit conspicuously in the adult-oriented business premises.
(e)
If the Police Chief grants the application or if the Police Chief neither grants nor denies the application within 30 days after it is stamped as received (except as provided in Section 4-24-305(j)), the applicant may begin operating the adult-oriented business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of Section 4-24-400.
The Police Chief shall deny the application for any of the following reasons:
(a)
The building, structure, equipment, or location for which an adult-oriented business regulatory permit is required does not comply with the requirements and standards of the health, zoning, fire, and safety laws of the City and the State of California, or with the locational or development and performance standards and requirements of these regulations.
(b)
The applicant, his or her employee, agent, partner, director, officer, shareholder, or manager has knowingly made any false, misleading, or fraudulent statement of material fact in the application for an adult business regulatory permit.
(c)
The applicant is under 21 years of age.
(d)
The required application fee has not been paid.
(e)
The adult-oriented business does not comply with the zoning ordinance locational standards in Article 16-4-1683.
(f)
The applicant, or his or her spouse, has been convicted of any of the offenses enumerated in Section 4-24-325(d)(5) or convicted of an offense outside the State of California that would have constituted any of the described offenses if committed within the State of California.
Each adult-oriented business regulatory permit shall expire one year from the date of issuance, and may be renewed only by filing with the Police Chief a written request for renewal, accompanied by the annual permit fee and a copy of the permit to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the permit. When made less than 30 days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided herein for action upon applications for permits. This decision may be appealed pursuant to Article 4 of Chapter 1-12 of the San Leandro Municipal Code. The licensee may seek judicial review of the action taken on the license in any court of competent jurisdiction. |
(a)
A permittee shall not operate an adult-oriented business under the authority of an adult-oriented business regulatory permit at any place other than the address of the adult-oriented business stated in the application for the permit.
(b)
A permittee shall not transfer ownership or control of an adult-oriented business or transfer an adultoriented business regulatory permit to another person unless and until the transferee obtains an amendment to the permit from the Police Chief in accordance with Sections 4-24-300 and 4-24-305, accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the Police Chief determines in accordance with Section 4-24-310 that the transferee would be entitled to the issuance of an original permit.
(c)
No permit may be transferred when the Police Chief has notified the permittee that the permit has been or may be suspended or revoked.
(d)
Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked.
(a)
No person shall engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business, without a valid adult-oriented business performer permit issued by the City. All persons who have been issued an adult-oriented business regulatory permit shall promptly supplement the information provided as part of the application for the permit required by Section 4-24-300, with the names of all performers required to obtain an adult-oriented business performer permit or employees required to obtain an adult-oriented business employee permit, within 30 days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the adult-oriented business regulatory permit. No person shall be employed at an adult-oriented business, or act as an independent contractor at an adult-oriented business, except those excluded from the permit requirements pursuant to Section 4-24-150(c), without a valid adult-oriented business employee permit issued by the city.
(b)
The Police Chief shall grant, deny, and renew adult-oriented business performer permits. The Police Chief shall also grant, deny, and renew adult-oriented business employee permits.
(c)
The application for either permit shall be made on a form provided by the Police Chief. An original and two copies of the completed and sworn permit application shall be filed with the Police Chief.
(d)
The completed application shall contain the following information and be accompanied by the following documents:
(1)
The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant;
(2)
Age, date, and place of birth;
(3)
Height, weight, hair and eye color;
(4)
Present residence address and telephone number;
(5)
Whether the applicant has been convicted within the past five years, as of the date of submittal of the application, of:
(ii)
Any violation of the Uniform Controlled Substances Act at California Health and Safety Code Section 11000, et seq., and any violation of the California Penal Code relating to controlled substances as defined in the Uniform Controlled Substance Act,
(iii)
The equivalent of the aforesaid offenses outside the State of California;
(6)
Whether such person 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. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other State to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized;
(7)
State driver's license or identification number;
(8)
Satisfactory written proof that the applicant is at least 21 years of age;
(9)
The applicant's fingerprints on a form provided by the Police Department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant;
(10)
If the application is made for the purpose of renewing a license, the applicant shall attach a copy of the license to be renewed.
(e)
The completed application shall be accompanied by a nonrefundable application fee. The amount of the fee shall be set by resolution of the City Council.
(f)
Upon receipt of an application and payment of the application fees, the Police Chief shall immediately stamp the application as received and promptly investigate the application.
(g)
If the Police Chief determines that the applicant has completed the application improperly, the Police Chief shall promptly notify the applicant of such fact and grant the applicant an extension of time of not more than 10 days to complete the application properly. In addition, the applicant may request an extension, not to exceed 10 days, of the time for the Police Chief to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.
(a)
Within five days after receipt of the properly completed application, the Police Chief shall grant or deny the application and so notify the applicant as follows:
(1)
The Police Chief shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.
(2)
If the application is denied, the Police Chief shall attach to the application a statement of the reasons for denial.
(3)
If the application is granted, the Police Chief shall attach to the application an adult-oriented business performer permit or an adult-oriented business employee permit, as applicable.
(4)
The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage pre-paid, addressed to the applicant at the residence address stated in the application.
(b)
The Police Chief shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in subsection (d) of this section.
(c)
If the Police Chief grants the application or if the Police Chief neither grants or denies the application within five days after it is stamped as received (except as provided in Section 4-24-325(g)), the applicant may begin performing in the capacity for which the license was sought.
(d)
The Police Chief shall deny the application for any of the following reasons:
(1)
The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a permit or in any report or document required to be filed with the application;
(2)
The applicant is under 21 years of age;
(3)
The adult-oriented business performer or employee permit is to be used for performing in a business prohibited by State or City law;
(4)
The applicant, or his or her spouse, has been convicted of any of the offenses enumerated in Section 4-24-325(d) (5) or convicted of an offense outside the State of California that would have constituted any of the described offenses if committed within the State of California;
(5)
The applicant has, within the past five years, been convicted in an administrative enforcement action or court action of violation of an adult business ordinance.
(e)
Each adult-oriented business performer or employee permit shall expire one year from the date of issuance and may be renewed only by filing with the Police Chief a written request for renewal, accompanied by the application fee and a copy of the permit to be renewed. The request for renewal shall be made at least 30 days before the expiration date of the permit. When made less than 30 days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted as provided for herein for applications for permits. This decision may be appealed in accordance with Article 4 of Chapter 1-12 of the San Leandro Municipal Code.
An adult-oriented business regulatory permit or adult-oriented business performer or employee permit may be suspended or revoked in accordance with the procedures and standards of this section.
(a)
On determining that grounds for permit revocation exist, the Police Chief shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, to the last known address of the permittee, or shall be delivered to the permittee personally, at least 10 days prior to the hearing date. At the hearing, all parties shall have a right to offer testimonial, documentary, and tangible evidence on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs may be admitted. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. The Police Chief's decision may be appealed in accordance with Article 4 of Chapter 1-12 of the San Leandro Municipal Code.
(b)
A permittee may be subject to suspension or revocation of his or her permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder, or manager of an adult-oriented business:
(1)
The permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the City.
(2)
The permittee, employee, agent, partner, director, stockholder, or manager of an adult-oriented business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult-oriented business, or in the case of an adult-oriented business performer or employee, the permittee has engaged in one of the activities described below while on the premises of an adult-oriented business:
(i)
Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.
(ii)
Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur.
(iii)
Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code.
(iv)
The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Section 315, 316, or 318 or Subdivision (b) of Section 647 of the California Penal Code.
(v)
Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4.
(vi)
Any violation of the Uniform Controlled Substances Act at California Health and Safety Code Section 11000, et seq., and any violation of the California Penal Code relating to controlled substances as defined in the Uniform Controlled Substance Act.
(vii)
Knowingly allowing possession, use or sale of controlled substances on the premises.
(viii)
Any other conduct prohibited by this Chapter.
(3)
Failure to abide by a disciplinary action previously imposed by an appropriate City official.
(c)
After holding the hearing in accordance with the provisions of this section, if the Police Chief finds and determines that there are grounds for disciplinary action, the Police Chief shall impose the following: