Chapter 4.12
ADULT-ORIENTED BUSINESS LICENSES
Sections:
4.12.010 Adult-oriented business license required.
4.12.020 Investigation and action on application for adult-oriented business license.
4.12.030 Transfer of adult-oriented business licenses.
4.12.010 Adult-oriented business license required.
Every person who proposes to maintain, operate, conduct, or establish an adult-oriented business in the city shall file an application with the chief of police on a form provided by the city and shall pay a non-refundable application, investigation, and licensing fee set forth in the schedule of fees established from time to time by the city council.
(A) All applicants must be qualified according to the provisions of this chapter. The application may request and the applicant shall provide such information including fingerprints as to enable the chief of police to determine whether the applicant meets the qualifications established in this chapter.
(B) If a person who wishes to operate an adult-oriented business is an individual, the person must sign the application. If a person who wishes to operate an adult-oriented business is other than an individual, each individual who has a twenty percent (20%) or greater interest in the adult-oriented business must sign the application. Each applicant must be qualified under this chapter and each applicant shall be considered a licensee if a license is granted.
(C) The completed application for an adult-oriented business license shall contain the following information and shall be accompanied by the following documents:
1. If the applicant is:
a. an individual, the individual shall state his/her legal name and any aliases and submit proof that he/she is at least eighteen (18) years of age;
b. a partnership, the partnership shall state its complete name, address, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;
c. a corporation, the corporation shall state 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, and the name of the registered corporate agent and the address of the registered office for service or process.
2. If the applicant intends to operate the adult-oriented business under a name other than that of the applicant, the applicant shall register the fictitious name of the adult-oriented business with the appropriate governmental entity and show written proof of registration of the fictitious name.
3. The particular adult-oriented business for which the applicant is applying. An applicant must apply separately for each adult-oriented business to be operated, owned, managed, or controlled by the applicant.
4. The address to which notice of action on the application is to be mailed.
5. The location of the adult-oriented business, including a legal description of the property, street address, and telephone number(s), if any.
6. The applicant’s mailing address and residential address.
7. A recent photograph of the applicant.
8. The applicant’s driver’s license number, social security number, and the applicant’s state or federally issued tax identification number, to the extent the applicant has been issued any of these items.
9. The names of all employees, independent contractors, and other persons who will perform at the adult-oriented business, who are required by this title to obtain an adult-oriented business employee license. (2000-04, Added, 05/02/2000)
4.12.020 Investigation and action on application for adult-oriented business license.
Within ten (10) business days after the date of receiving an application, the chief of police shall determine whether the application contains all of the information required by the provisions of this chapter. If it is determined that the application is not complete, the applicant shall be notified in writing within ten (10) business days of the date of receipt of the application that the application is not complete and the reasons therefore. The applicant shall have thirty (30) calendar days from the date of the notice to submit additional information to render the application complete. The applicant’s failure to submit the additional information within this time period renders the application null and void. Within five (5) business days following the receipt of a supplemental or amended application, the chief of police shall again determine whether the application is complete. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. Once the application is found to be complete, the applicant shall be notified within five (5) business days of that fact. If an applicant submits two (2) consecutive incomplete applications, the applicant shall be notified in writing that a new application must be filed with chief of police as set forth herein.
Within three (3) business days after the chief of police determines that a complete application and the required non-refundable application fee have been submitted, the chief of police shall issue a temporary license to the applicant, which shall be valid for the time period during which the license application is being processed, which time period shall not exceed thirty (30) business days from the date the application has been deemed complete. A temporary license issued pursuant to this subsection shall not grant any vested rights on the holder of the temporary license.
Within five (5) business days after receipt of a completed application and the required filing fee, the chief of police shall transmit copies of the application and its attachments to appropriate city departments.
Within thirty (30) business days after receipt of a completed application and the required filing fee, the chief of police shall complete the investigation, grant or deny the application in accordance with the provisions of this section, and shall notify the applicant as follows:
(A) If the application is approved, the chief of police shall write or stamp “granted” on the application and date and sign such notation. The chief of police shall attach to the application a regular adult-oriented business license.
(B) If the application is denied, the chief of police shall write or stamp “denied” on the application and date and sign such notation. The chief of police shall attach to the application a statement of the reasons for denial.
(C) The documents specified in (A) and (B) above shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address specified in the application. All notices given hereunder shall be deemed given upon the date they are deposited in the United States mail or the date upon which personal service is provided.
The chief of police shall approve the issuance of a regular license to an applicant, unless it is determined by a preponderance of the evidence that any of the following findings is true:
(A) An applicant is under eighteen (18) years of age.
(B) An applicant has failed to provide information reasonably necessary for issuance of the license or has knowingly answered a question or request for information falsely on the application form.
(C) The applicant has been convicted of a specified criminal activity, either within the state of California or in another jurisdiction.
(D) The applicant has, within the past (5) years, been convicted in an administrative enforcement action or court action of violating an adult-oriented business ordinance.
The regular license, if granted shall expire one (1) year from the date of issuance and may only be renewed by the licensee filing with the chief of police a written request for renewal on a form provided by the city, accompanied by a non-refundable application, investigation and licensing fee set forth in the schedule of fees established from time to time by the city council, and a copy of the license to be renewed. The request for renewal shall be made at least thirty (30) days before the expiration date of the regular license. When a renewal request is made less than thirty (30) days before the expiration date, the expiration shall not be stayed. The chief of police shall act upon applications for license renewal as provided herein for applications for licenses.
The regular license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the adult-oriented business and the classification of adult-oriented business as set forth in section 4.08.070 herein, for which the license is issued.
All licenses shall be posted in a conspicuous place at or near the entrance to the adult-oriented business so that they may be easily read at any time by all persons entering the adult-oriented business.
Within thirty (30) calendar days of any change in the information originally submitted with the license application, all licensees shall provide the chief of police with a written statement supplementing or amending the information required by this chapter. Failure to submit such changes shall be grounds for suspension of the adult-oriented business license.
Within five (5) calendar days of any change in employee hiring or status, all licensees shall register all employees in the manner required by this title. Failure to register employees shall be grounds for suspension of the adult-oriented business license.
If the chief of police neither grants nor denies a completed application for which the filing fees have been paid, within thirty (30) business days after the city’s receipt of the application, the applicant may begin operating the adult-oriented business for the single classification of adult- oriented business as set forth in section 4.08.070 herein, for which the license was sought, subject to compliance with the development and performance standards and regulations of chapter 4.24 of this title. (Ord. 2000-04, Added, 05/02/2000)
4.12.030 Transfer of adult-oriented business licenses.
It is a violation of this title for a licensee to operate an adult-oriented business under the authority of an adult-oriented business license at any place other than the address of the adult-oriented business stated in the application upon which the license was issued.
It is a violation of this title for a licensee to transfer ownership or control of an adult-oriented business license to another person unless and until the transferee first obtains a written amendment to the license from the chief of police in accordance with and subject to the application and fee requirements set forth in this chapter for an initial application.
It is a violation of this title for a licensee to transfer an adult-oriented business license when the chief of police has notified the licensee that the license has been suspended or revoked or that such action is pending.
Any attempt to transfer a license either directly or indirectly in violation of this section is void, and the license shall be deemed revoked.
(Ord. 2000-04, Added, 05/02/2000)