Chapter 5.08
ADULT ENTERTAINMENT
Sections:
5.08.030 Facility License—Required.
5.08.040 Facility License—Application—Form—Investigation of applicant.
5.08.050 Facility License—Application—Fee.
5.08.060 Facility License—Display required.
5.08.070 Facility License—Denial—Appeals.
5.08.080 Facility License—Reapplication after denial.
5.08.090 License violations—Grounds.
5.08.100 License violations—Hearing—Appeals.
5.08.110 License violations—Hearing—Right to counsel—Rules of evidence.
5.08.120 License fees—Refunds or rebates.
5.08.130 Disposition of revoked or canceled licenses.
5.08.140 Facility operation requirements.
5.08.160 Operating name restrictions.
5.08.180 Transfer of interest.
5.08.190 Applicability to existing facilities.
5.08.010 Purpose of chapter.
It is the purpose and intent of this chapter to provide for the orderly regulation of adult entertainment facilities, as defined in this chapter, in the interests of the public health, safety and welfare by providing certain minimum standards and regulations for adult entertainment facilities and by providing standards for operators of adult entertainment facilities. (Ord. 891 § 1 (part), 1981)
5.08.020 Definitions.
A. For the purpose of this chapter, unless the context clearly requires a different meaning, the following words, terms and phrases have the meanings given to them in this section:
1. "Adult bookstore," "adult entertainment facility," "adult motion picture arcade," "adult motion picture theater," "cabaret," "massage establishment," "model studio," "other sex business," "sexual encounter center," "specified anatomical areas" and "specified sexual activities" have the same meanings as those terms are defined in Section 18.96.030 of this Code.
2. "Employee" means every owner, partner, manager, supervisor and worker, whether paid or not, who renders personal services of any nature in the conduct of an adult entertainment facility.
3. "License" means the license required by this chapter to operate an adult entertainment facility.
4. "Person" means any individual, firm, association, partnership, corporation, joint venture or combination thereof.
B. The following are specifically excluded from the meaning of the term "adult entertainment facility":
1. Physicians, surgeons, chiropractors, osteopaths or physical therapists who are duly licensed to practice their respective professions in the State;
2. Nurses registered under the laws of the State;
3. Barbers and beauticians who are duly licensed under the laws of the State;
4. Any activity conducted or sponsored by any school district or other public agency; and
5. Any activity conducted by a person pursuant to any license issued by the State or any agency thereof charged with the responsibility of licensing, prescribing standards for and supervising such activity or profession. (Ord. 893 § 1, 1981; Ord. 891 § 1 (part), 1981)
5.08.030 Facility License—Required.
It is unlawful for any person to engage in, conduct or carry on or permit to be engaged in, conducted or carried on in or upon any premises within the City, the operation of an adult entertainment facility without a license obtained from the Finance Director after investigation by the Chief of Police as required by this chapter. A license shall be issued to any person who has complied with the requirements of this chapter, unless:
A. The applicant made a material misstatement in the application for a license; or
B. The applicant or any of its officers, directors or employees, has, within five years immediately preceding the date of the filing of the application, been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code Section 290, or any violation of Chapters 1, 7.5 or 8 of Title IX of Part I of the Penal Code of the State, or of subdivisions (a), (b) or (d) of Section 647 of the Penal Code of the State, or any offense involving theft of property or violence, or any conviction involving the sale of a controlled substance specified in Sections 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code. (Ord. 1110 § 1 (A) (part), 1992; Ord. 891 § 1 (part), 1981)
5.08.040 Facility License—Application—Form—Investigation of applicant.
Any application for a license shall be made with the Finance Director. Within sixty working days following receipt of a completed application and the completion of investigation to the satisfaction of the Chief of Police, the Finance Director shall either issue the license or mail a written statement of his reasons for denial thereof. The application shall set forth the exact nature of the activities proposed to be conducted, the proposed place of business and facilities therefor, and the name and address of each applicant. The Chief of Police shall require the applicant to allow fingerprints to be taken for the purpose of establishing identification. In addition to the foregoing, the applicant shall furnish the following information:
A. The previous address of each applicant for a period of three years immediately prior to the date of the application and the dates of residence at each address;
B. Written proof that the applicant is at least eighteen years of age;
C. The applicant shall allow the public official who processes the application to take photographs of the applicant;
D. The applicant’s height, weight, color of eyes and hair;
E. Business, occupation or employment history of the applicant for the three years immediately preceding the date of the application;
F. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and addresses of each of its officers, directors and each stockholder holding more than five percent of the stock of the corporation along with the amount of stock held. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including the limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply;
G. As to each person currently employed or intended to be employed in the adult entertainment facility, regardless of the nature of the employment, the name and residence address, the proposed or actual nature of the work performed to be performed, and recent passport size photographs suitable to the Chief of Police. The Chief of Police shall require each such employee to allow fingerprints to be taken for the purpose of identification. Each applicant or licensee shall notify the City in writing of the names and addresses and shall supply photographs of any new employees within five days of such employment. Each new employee shall allow fingerprints to be taken for identification purposes;
H. The Finance Director, and any other officials of the City involved in processing the license application, shall have the authority to seek, obtain and use criminal history information for each licensee and for each employee or proposed employee of each licensee, for purposes of the investigation. Each City official involved in the processing of license applications, discipline and suspension shall have access to all such criminal history information;
I. Such other information as may be deemed necessary by the Finance Director or by the Chief of Police. (Ord. 1110 § 1 (A) (part), 1992; Ord. 891 § 1 (part), 1981)
5.08.050 Facility License—Application—Fee.
Each application for a license shall be accompanied by a business license fee, as specified in Section 5.04.120(I)(Group IX), of this Code. The City may, by resolution, set a fee for the processing of the application. (Ord. 1110 § 1 (B), 1992)
5.08.060 Facility License—Display required.
The owner or operator of an adult entertainment facility shall display the facility license in an open and conspicuous place on the premises. Passport size photographs of the licensee shall be affixed to the license on display pursuant to this section. (Ord. 891 § 1 (part), 1981)
5.08.070 Facility License—Denial—Appeals.
A. Authority. The grounds for denial of an application are those stated in Section 5.08.030 of this chapter.
B. Transmittal of Decision. The license or decision to deny the application shall be given to the applicant in writing, setting forth specifically the ground or grounds upon which the decision is based, the pertinent Code section or sections, and a brief statement of the factual matters in support thereof. The decision shall be mailed, postage prepaid, addressed to the applicant at his last known address, or it shall be delivered to the applicant personally.
C. Appeal to City Council. Within ten days from the deposit of the decision in the mail or from its receipt by the applicant, whichever occurs first, the applicant may appeal in writing to the City Council setting forthwith particularly the ground or grounds for the appeal.
D. Hearing on Appeal. The City Council shall set a time and place for the hearing on the appeal not later than ten days from the date the appeal was received by the City Council.
E. Disposition of Appeal. After the hearing on appeal, the City Council may refer the matter back to the Finance Director or Chief of Police for a new investigation and decision, may affirm the denial of the application by the Finance Director, or may approve the application. The decision of the City Council shall be final. (Ord. 1110 § 1 (A) (part), 1992; Ord. 891 § 1 (part), 1981)
5.08.080 Facility License—Reapplication after denial.
An applicant whose application for a license has been denied may reapply for such license after a period of not less than one year has elapsed from the date such denial was deposited in the mail or received by the applicant, whichever occurs first. An earlier reapplication may be made if accompanied by evidence satisfactory to the Finance Director that the ground or grounds for the denial of the application no longer exist. (Ord. 1110 § 1 (A) (part), 1992; Ord. 891 § 1 (part), 1981)
5.08.090 License violations—Grounds.
A licensee may be subjected to disciplinary action for any of the following causes arising from the acts or omissions of the licensee, or of his employee or agent:
A. Fraud, misrepresentation or false statement in applying for a new or renewed license;
B. Fraud, misrepresentation or false statement in conducting the business or occupation;
C. Violation of this Code;
D. Conviction of any crime listed in Section 5.08.030 of this chapter within the past five years;
E. Conducting the business, occupation or activity for which the license is issued in an unlawful manner;
F. Conducting the business, occupation or activity for which the license is issued in a manner determined to constitute a menace to the health, safety or general welfare of the public. Failure to correct conditions constituting a public nuisance within a reasonable time after lawful notice from a government entity shall be prima facie proof thereof;
G. Failure to abide by any disciplinary action previously imposed by the appropriate City officer;
H. Being committed or adjudged insane, mentally ill or incompetent by a court of competent jurisdiction until a subsequent adjudication of competency or restoration to capacity. (Ord. 891 § 1 (part), 1981)
5.08.100 License violations—Hearing—Appeals.
A. Grounds. The ground or grounds for disciplinary action against a licensee shall be those specified in Section 5.08.080 of this chapter.
B. Notice of Hearing. A notice of the hearing shall be given to the licensee by the Finance Director in writing, setting forth the time and place of the hearing, the ground or grounds upon which the hearing is based, the pertinent Code section or sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the licensee at the last known address, or it shall be delivered to the licensee personally, at least ten days prior to the hearing date.
C. Suspension Prior to Hearing. Whenever the Finance Director finds that the public health or safety requires it, he immediately may suspend any license pending a hearing or a notice of a hearing upon twenty-four hours’ written notice served in the same manner as the notice of the hearing.
D. Disciplinary Action.
1. If the Finance Director, after the hearing finds that the cause exists for disciplinary action, he shall impose one of the following:
a. A warning;
b. Suspension of the license for a specified period not to exceed six months;
c. A revocation of the license.
2. Within ten days of the hearing the Finance Director shall render his opinion in writing, stating his findings and the action taken, if any. This opinion shall be mailed, postage prepaid, to the licensee at his last known address, or delivered to the licensee personally.
E. Appeal to City Council. Within ten days from the deposit of the decision in the mail or from its receipt by the applicant, whichever occurs first, the applicant may appeal in writing to the City Council, setting forth with particularity the ground or grounds for the appeal.
F. Hearing on Appeal. The City Council shall set a time and place for the hearing on appeal at a regular Council meeting not later than thirty days from the date the appeal was received by the City Council. The hearing shall be conducted in accordance with the provisions of this chapter.
G. Disposition of Appeal. After the hearing on the appeal, the City Council may refer the matter back to the Finance Director for a new investigation and decision, may affirm the decision of the Finance Director, may dismiss the disciplinary action, or may impose any discipline provided in this section. The decision of the City Council shall be final. (Ord. 1110 § 1 (A) (part) 1992; Ord. 891 § 1 (part), 1981)
5.08.110 License violations—Hearing—Right to counsel—Rules of evidence.
The following rules apply to any hearing required by this chapter. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues, to be represented by counsel and to confront and cross-examine witnesses. Any hearing under this chapter may be continued for a reasonable time for the convenience of a party or a witness. (Ord. 891 § 1 (part), 1981)
5.08.120 License fees—Refunds or rebates.
No refund or rebate of a license fee shall be allowed by reason of the fact that the licensee discontinues the activity prior to the expiration of the term or that the license is suspended or revoked prior to the expiration of the term. (Ord. 891 § 1 (part), 1981)
5.08.130 Disposition of revoked or canceled licenses.
In the event that a license is canceled, suspended, revoked or invalidated, the licensee shall forward it to the officer who issued it not later than the end of the third business day after notification of such cancellation, suspension, revocation or invalidation. (Ord. 891 § 1 (part), 1981)
5.08.140 Facility operation requirements.
All adult entertainment facilities shall comply with the following facilities and operating requirements:
A. Such facilities shall comply with all Code requirements;
B. Each service offered, the price thereof, and the minimum length of time such service is to be performed shall be posted in a conspicuous public location in each facility. All letters and numbers shall be capitals, and not less than one-half inch in height. (Ord. 891 § 1 (part), 1981)
5.08.150 Inspections.
Any and all investigating officials of the City shall have the right to enter adult entertainment facilities from time to time during regular business hours to make reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing and health regulations or provisions of this chapter. A warrant shall be obtained whenever required by law. (Ord. 891 § 1 (part), 1981)
5.08.160 Operating name restrictions.
No person licensed to operate an adult entertainment facility shall operate it under any name or conduct business under any designation not specified in the license. (Ord. 891 § 1 (part), 1981)
5.08.170 Change of locations.
Before changing the location of an adult entertainment facility, an application to the Finance Director shall be made, and such application shall be granted, provided all applicable provisions of this Code are complied with and a change of location fee of one hundred fifty dollars to defray, in part, the administrative costs incurred has been paid. (Ord. 1110 § 1 (A) (part), 1992; Ord. 891 § 1 (part), 1981)
5.08.180 Transfer of interest.
No license issued pursuant to the provisions of this chapter shall be assigned or transferred in any manner, nor shall any person other than those therein mentioned engage in the enterprise for which the license is issued. As used in this section, "transfer" means and includes, but is not limited to, any modification of a business entity operating an enterprise, or otherwise required to be disclosed pursuant to Section 5.08.040 of this chapter, including transfer of more than ten percent of the stock of any corporation. (Ord. 891 § 1 (part), 1981)
5.08.190 Applicability to existing facilities.
Each operator of a facility subject to the provisions of this chapter and legally doing business on the effective date of the ordinance codified in this chapter, shall comply with all application and other requirements within sixty days of the effective date of the ordinance codified in this chapter. Any such use, which at the expiration of such period is not in compliance with the provisions of this chapter and in possession of a validly issued license, shall at that time discontinue and abate the operation of such use. (Ord. 891 § 1 (part), 1981)
5.08.200 Violation—Penalty.
The operation of any adult entertainment facility contrary to the provisions of this chapter is declared to be a public nuisance and subject to abatement as such. (Ord. 891 § 1 (part), 1981)