The purpose of this chapter is to require a permit for adult business performers to (1) protect minors by requiring that all performers be over the age of 18 years; (2) assure the correct identification of persons performing in adult businesses; (3) enable the city to deploy law enforcement resources effectively; and (4) detect and discourage the involvement of crime in adult businesses by precluding the licensing of performers with certain sex-related convictions within a prescribed time period.
It is neither the intent nor the effect of these regulations to invade the privacy of performers or to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of these regulations to restrict or deny access by adults to communicative materials or to deny access by the distributors or exhibitors of adult businesses to their intended lawful market.
Nothing in these regulations is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any city ordinance or any statute of the state of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof.
(Ord. 361 § 2 Exh. D, 2007)
The definitions contained in the Section 17.28.050 of this code also apply to this chapter with the following additions:
"Director"
means the community development director or the manager of the community development department of the city of Moorpark or the director's designee.
"Permittee"
means a person who is issued an adult business performer permit under this chapter.
(Ord. 361 § 2 Exh. D, 2007)
Upon verification of compliance with Section 17.28.040(N) and Section 17.28.050 that the place of business has a valid adult business permit authorized to provide adult live entertainment, an adult business performer permit may be issued. The applicant must meet the requirements of this chapter in order to obtain a permit.
A. 
A performer may not be employed, hired, engaged, or otherwise retained in an adult business to participate in or give any live performance displaying specified anatomical areas or specified sexual activities without first having a valid adult business performer permit issued by the city.
B. 
The director is responsible for the processing, investigation and issuance of adult business performer permits in accordance with this chapter.
C. 
Permit applicants must file a permit application or renewal application on a form provided by the director. At minimum, this application form will contain the following information:
1. 
The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant;
2. 
Principal place of residence;
3. 
Age, date and place of birth;
4. 
Height, weight, hair and eye color and tattoo descriptions and locations;
5. 
Each present or proposed business address and telephone number of the establishments at which the applicant intends to work;
6. 
Driver's license or identification number and state of issuance;
7. 
Social security number;
8. 
Satisfactory written proof that the permit applicant is a least 18 years of age;
9. 
The permit applicant's fingerprints on a form provided by the city and two passport-size photographs clearly showing the applicant's face. Any fees for the photographs and fingerprints will be paid by the applicant. Fingerprints and photographs must be taken within six months of the date of application;
10. 
Whether the applicant, has pled guilty, nolo contendere or been convicted of an offense classified by this or any other state as a sex-related offense and less than:
a. 
Two years have elapsed since the date of conviction or the date of release from confinement of conviction to the date of application, whichever is the later date, if the conviction is a misdemeanor, or
b. 
Five years have elapsed since the date of conviction or the date of release from confinement of conviction to the date of conviction, whichever is the later date, if the conviction is a felony, or
c. 
Five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction to the date of application, whichever is the later date, if the convictions are two or more misdemeanors or combination of misdemeanor offenses occurring within any 24-month period;
11. 
If the application is made for the purpose of renewing a permit, the applicant must attach a copy of the permit to be renewed.
D. 
The information provided above in subsection C which is personal, private, confidential or the disclosure of which could expose the applicant to the risk of harm will not be disclosed under the California Public Records Act. Such information includes, but is not limited to, the applicant's residence address, telephone number, date of birth and age, driver's license and social security number. The city council in adopting the permit system set forth in this chapter has determined in accordance with California 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 interest are protected. The city clerk will cause this information described above to be redacted from any copy of a completed application form made available to any member of the public.
E. 
The completed application must be accompanied by a non-refundable application fee and an annual permit fee. The amount of such fees will be as set forth in the schedule of fees established by resolution from time to time by the city council.
F. 
The director will determine whether the application is complete within two business days. If the director determines that the application is incomplete, the director must immediately inform the applicant of such fact and the reasons therefor, including any additional information necessary to render the application complete. Upon receipt of a completed adult business performer application, the director will immediately issue a temporary permit that will automatically expire 10 business days from the date of issuance unless extended by the director for an additional 10 business days. Only one extension may be granted. This temporary adult business performer permit authorizes a performer to commence performance at an adult business that possesses a valid adult business permit authorized to provide adult live entertainment.
G. 
Possession by the permit applicant of other types of state or city permits or licenses does not exempt the permit applicant from the requirement of obtaining an adult business performer permit.
(Ord. 361 § 2 Exh. D, 2007)
A. 
Upon submission of a completed application and issuance of a temporary adult business performer permit, the director will promptly cause the investigation of the information contained in the application to determine whether the applicant should be issued an adult business performer permit.
B. 
The director's decision to grant or deny the adult business performer permit must be made within 10 business days from the date the temporary license was issued or extended, whichever is later. If the application is denied, the director must include a written statement of the reasons for the denial. Such notice must also advise the applicant of the right to appeal the denial under Section 5.18.060. If the application is granted, the director will attach the adult business performer permit to the notice. The decision will be mailed or personally delivered to the applicant at the address provided in the application.
C. 
The director shall deny the application based on any of the following grounds:
1. 
The applicant has made false, misleading, or fraudulent statement of material fact in the application for an adult business performer permit;
2. 
The applicant is under 18 years of age;
3. 
The adult business performer permit is to be used for performing in a business prohibited by laws of the state or city or at a business that does not have a valid adult business permit;
4. 
The occurrence of any of the events set forth in Section 5.18.030(C)(10).
D. 
If the director fails to render a decision on the permit within the time frame established by this section, the application will be deemed approved, subject to an appeal under Section 5.18.060.
E. 
Each adult business performer permit, other than the temporary permit described in Section 5.18.020(F), will expire one year from the date of issuance and may be renewed only by filing with the director a written request for renewal at least 30 calendar days prior to the expiration of the permit, accompanied by the annual permit fee and a copy of the permit to be renewed. If the application conforms to the previously approved application and there has been no change with respect to the permittee being convicted of any crime classified by this or any other state as a sex-related offense, the director will renew the permit for one year. An application for renewal will be acted upon in the same manner as the application for the original permit. If the director denies renewal of the application, that decision is also appealable under Section 5.18.060.
(Ord. 361 § 2 Exh. D, 2007)
A. 
A permit may be revoked, based on any of the following causes arising from the acts or omissions of the permittee:
1. 
The permittee has made any false, misleading, or fraudulent statement of material fact in the application for a performer permit;
2. 
The permittee has pled guilty, nolo contendere or been convicted of an offense as set forth in Section 5.18.030(C)(10);
3. 
The permittee has failed to comply with any of the operating standards of this chapter applicable to a performer or the requirements of this chapter.
B. 
On determining that grounds for license revocation or suspension exist, the director will furnish written notice of the proposed action to the permittee. Such notice will set forth the time and place of a hearing before the city manager, the city manager's designee or a city manager appointed hearing officer, the grounds, including the factual matters, in support of such proposed action, and the pertinent code sections. The notice will be mailed, postage prepaid, to the last known address of the permittee, or personally delivered to the permittee, at least 10 business days prior to the hearing date.
C. 
At the hearing, the permittee will have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues and may be represented by counsel. The city manager, the city manager's designee or a city manager appointed hearing officer will not be bound by the formal rules of evidence. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness at the request of the permittee.
D. 
After the hearing, the city manager, the city manager's designee or a city manager appointed hearing officer will either sustain or overrule the decision of the director and render a written decision within five business days of the hearing. The decision will be sent by certified mail to the applicant or licensee. The decision of the city manager, the city manager's designee or a city manager appointed hearing officer must include reference to the right to prompt judicial review under California Code of Civil Procedure Section 1094.8.
The action by the city manager, the city manager's designee or a city manager appointed hearing officer will be final unless timely judicial review is sought pursuant to California Code of Civil Procedure Section 1094.8.
(Ord. 361 § 2 Exh. D, 2007)
A. 
Any interested person may appeal a decision of the director regarding an application for an adult business performer permit by filing with the city clerk a complete notice of appeal within 15 calendar days from the date notice of such decision is mailed. To be deemed complete, the appeal must be in writing, state the grounds for disagreement with the director's stated decision, include the address to which notice is to be mailed, be signed under penalty of perjury, and be accompanied by the filing fee established by city council resolution.
B. 
If an appeal is timely filed, the city manager, the city manager's designee or a city manager appointed hearing officer will hear the appeal.
C. 
The city manager, the city manager's designee or a city manager appointed hearing officer, as the case may be, must set a hearing date not more than 21 calendar days from the date of the filing of the appeal. The hearing may be continued for good cause.
D. 
The city manager, the city manager's designee or a city manager appointed hearing officer will issue findings in writing within five business days of the conclusion of the hearing. The written findings and decision will be sent by certified mail to the appellant. The notice of the decision must include reference to the appellant's right to prompt judicial review under California Code of Civil Procedure Section 1094.8.
E. 
The action by the city manager, the city manager's designee or a city manager appointed hearing officer will be final unless timely judicial review is sought pursuant to California Code of Civil Procedure Section 1094.8.
(Ord. 361 § 2 Exh. D, 2007)
The director will provide each adult business performer whose application is approved with an identification card containing the name, address, photograph, and license number of such performer. Every performer must have such card available for inspection at all times during which the performer is on the premises of the adult business at which he or she performs.
(Ord. 361 § 2 Exh. D, 2007)
No adult business performer permit may be sold, transferred, or assigned by any permittee or by operation of law, to any other person. Any such sale, transfer, or assignment, or attempted sale, transfer, or assignment will be deemed to constitute a voluntary surrender of the adult business performer permit, and the permit thereafter will be null and void.
(Ord. 361 § 2 Exh. D, 2007)
A. 
Any permittee violating any of the provisions of this chapter or the provisions of Section 17.28.050 regulating adult business performers will be subject to permit revocation, and any and all other civil remedies. All remedies provided herein are cumulative and not exclusive. Any such violation will constitute a separate violation for each and every day during which such violation is committed or continued.
B. 
The restrictions imposed pursuant to this chapter are part of a regulatory licensing process, and do not constitute a criminal offense. Notwithstanding any other provision of the Moorpark Municipal Code, the city does not impose a criminal penalty for violations of the provisions of this chapter related to expressive conduct or activities.
(Ord. 361 § 2 Exh. D, 2007)