Chapter 5.14
ART FIGURE STUDIOS*

Sections:

5.14.010    Purpose and intent of provisions.

5.14.020    Definitions.

5.14.030    Permit – Required for operation – Fees – Taxes – Renewal.

5.14.040    Permit – Issuance prerequisites.

5.14.050    Permit – Not required when.

5.14.060    Models – Permit required – Fee.

5.14.070    Permit – Application required – Contents.

5.14.080    Facilities required – Minimum standards.

5.14.090    Permit – Grounds for suspension or revocation.

5.14.100    Permit – Appeal following suspension, revocation or denial.

*    For statutory provisions authorizing cities to license businesses for purposes of revenue and regulation, see Gov. Code § 37101; for authority for cities to license businesses in the exercise of police power and for purposes of regulation, see Bus. and Prof. Code §§ 16000 – 16003.

5.14.010 Purpose and intent of provisions.

It is the intent of the city council in adopting this chapter to provide regulation in the public interest for the operation of art figure studios, as hereinafter defined, in order to aid bona fide artists and art students in the practice and development of their talent in portraying the human form.

The purpose of this chapter is to establish standards and regulations for such studios in order to encourage artistic accomplishment in the citizens of Chula Vista in a manner consistent with that goal. (Ord. 1402 § 1, 1972; prior code § 5.601).

5.14.020 Definitions.

A. “Model” means any person, male or female, who poses to be photographed in the nude.

B. “Nude” includes:

1. Completely without clothing;

2. With any pubic area exposed, or with the pubic area covered in such a manner that the private parts are visible or the form thereof discernible;

3. With the breasts exposed by a female so that the nipples thereof are exposed.

C. “Studio” means:

1. Any premises on which there is conducted the business of furnishing models who pose for the purpose of being photographed in the nude by persons who pay a fee, or other consideration or compensation, or a gratuity, for the right or opportunity so to depict the model, or for admission to, or for permission to remain upon, or as a condition of remaining upon, the premises;

2. Any premises where there is conducted the business of furnishing or providing or procuring for a fee, or other consideration or compensation or gratuity, models to be photographed in the nude. (Ord. 1402 § 1, 1972; prior code § 5.602).

5.14.030 Permit – Required for operation – Fees – Taxes – Renewal.

A. Each application for operating a studio shall be accompanied by the required fee(s) to defray the cost of an investigation. The fee is not refundable whether a permit is granted or denied. No person shall operate a studio without first paying a business license tax.

B. No person shall operate a studio without paying a renewal permit tax. (Ord. 2718 § 1, 1998; Ord. 2506 § 1, 1992; Ord. 2408 § 1, 1990; Ord. 1402 § 1, 1972; prior code § 5.603).

5.14.040 Permit – Issuance prerequisites.

A. No studio permit shall be issued except upon a finding by the chief of police, based upon information provided by the applicant, that the studio is proposed to be operated for the purpose of providing facilities for use by persons pursuing a course of study, including the artistic photographic portrayal of the nude human form, and by persons who engage in artistic photographic portrayal as a means of livelihood.

B. No studio permit shall be issued to any person under 18 years of age, nor to a corporation, any of whose officers are under 18 years of age.

C. A studio permit shall be denied upon a finding that the applicant is not of good moral character. Anyone convicted of a morals offense shall be deemed not to be of good moral character for the purposes of this section. (Ord. 2718 § 1, 1998; Ord. 1402 § 1, 1972; prior code § 5.604).

5.14.050 Permit – Not required when.

No permit shall be required for any studio which is operated by the University of California, or any state college or public junior college, or where the chief of police is furnished satisfactory evidence that the person, firm, association, partnership or corporation operating it 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. (Ord. 1402 § 2, 1972; prior code § 5.605).

5.14.060 Models – Permit required – Fee.

No person shall be employed as a model of a studio required to be licensed pursuant to this chapter without first obtaining a permit from the chief of police. Each application for a permit shall be accompanied by the nonrefundable required fee(s) to defray the cost of investigation. A permit to act as a model in an art figure studio does not authorize the operation of such a studio. (Ord. 2506 § 1, 1992; Ord. 2408 § 1, 1990; Ord. 1402 § 1, 1972; prior code § 5.606).

5.14.070 Permit – Application required – Contents.

Any applicant for a license or permit under this chapter shall submit the following information:

A. The full name and present address of applicant;

B. The previous addresses of applicant, if any, for a period of five years immediately prior to the date of the application and the dates of residence at each;

C. Written statements of at least five bona fide adult persons, who may be easily and conveniently contacted, that the applicant is of good moral character;

D. Written proof that the applicant is over the age of 18 years;

E. Applicant’s height, weight, color of eyes and hair;

F. Two recent portrait photographs at least two inches by two inches taken within the last six months;

G. Business, occupation or employment history of the applicant for the five years immediately preceding the date of the application;

H. The business license or permit history of the applicant; whether such person, in previously operating in this or another city or state under license or permit, has had such license or permit suspended or revoked, the reason therefor, and the business activity or occupation subsequent to such suspension or revocation;

I. All arrests and/or convictions except minor traffic offenses, with a full explanation of the circumstances therefor;

J. Applicant shall be required to furnish his fingerprints;

K. Such other identification and information as the chief of police may require in order to discover the truth of the matters hereinabove specified as required to be set forth in the application.

Nothing contained herein shall be construed to deny to the police department of the city the right to take the fingerprints and additional photographs of the applicant, nor shall anything contained herein be construed to deny the right of said department to confirm the height and weight of the applicant. (Ord. 1402 § 1, 1972; prior code § 5.607).

5.14.080 Facilities required – Minimum standards.

No license to conduct an art figure studio shall be granted unless an inspection by the chief of police reveals that the proposed establishment complies with each of the following minimum requirements:

A. A recognizable and legible sign shall be posted at the main entrance identifying the premises as an art figure studio;

B. Minimum lighting and ventilation shall be provided in accordance with the building code of the city.

This section shall be construed to require minimum standards only. All applicable provisions of this code have full force and effect. The applicant shall be required to comply with all applicable provisions of this code. (Ord. 1402 § 1, 1972; prior code § 5.608).

5.14.090 Permit – Grounds for suspension or revocation.

The chief of police shall suspend or revoke a studio permit upon a finding of any one of the following causes:

A. That the studio is not being operated exclusively for the purpose of providing facilities for use by persons pursuing a course of study, including the artistic portrayal of the nude human form, and by persons who engage in artistic portrayal as a means of livelihood;

B. That the permittee is not of good moral character. Anyone convicted of a morals offense shall be deemed not to be of good moral character for the purposes of this section;

C. That payment is made by, or charges or fees collected from, any spectators or observers, who may be in attendance during modeling sessions, except that such payment or charges or fees shall not be deemed to include payments made by legitimate students of the operator of an art figure studio;

D. That alcoholic beverages have been sold, consumed or permitted upon the premises of a studio with the knowledge of the permittee;

E. That the permittee has employed a model or permitted a model to be employed in or about such studio, either with or without salary, without requiring such model to obtain a permit from the chief of police authorizing such employment. (Ord. 2718 § 1, 1998; Ord. 1402 § 1, 1972; prior code § 5.609).

5.14.100 Permit – Appeal following suspension, revocation or denial.

All denials, suspensions or revocations of studio permits and studio employee permits shall be subject to review by the city manager, or the manager’s official designee, who shall conduct a hearing and render a decision based upon specific findings within 60 days after a written request for such hearing is received. (Ord. 2718 § 1, 1998; Ord. 1402 § 1, 1972; prior code § 5.610).