Chapter 5.19
ADULT BUSINESS PERFORMER LICENSE
Sections:
5.19.020 Adult business performer license.
5.19.030 Investigation and action on application for adult business performer license.
5.19.040 Revocation/suspension of adult business performer license.
5.19.050 Appeal of denial or revocation of adult business performer license.
5.19.060 Display of license identification cards.
5.19.070 Adult business performer license nontransferable.
5.19.090 Regulations nonexclusive.
5.19.010 Purpose.
A. It is the purpose and intent of this chapter to provide for the licensing of adult business performers in order to promote the health, safety, and general welfare of the city. The goals of the performer licensing provisions are:
1. To protect minors by requiring that all performers be over the age of 18;
2. To assure the correct identification of persons performing in adult businesses;
3. To enable the city to deploy law enforcement resources effectively; and
4. To detect and discourage the involvement of crime in adult businesses by precluding the licensing of performers with certain sex-related convictions in a set time period.
B. 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.
C. The definitions contained in Chapter 5.18 BGMC shall govern for purposes of these regulations. (Ord. 796 § 3, 2006; Ord. 797-U § 3, 2006).
5.19.020 Adult business performer license.
A. No performer shall 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 license issued by the city.
B. The director of community development or his designee shall grant, deny, and renew adult business performer licenses in accordance with these regulations.
C. License applicants shall file a written, signed, and verified application or renewal application on a form provided by the director of community development. Such application shall contain the following information:
1. The license 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 and/or proposed business address(es) and telephone number(s) 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 license applicant is at least 18 years of age;
9. The license applicant’s fingerprints on a form provided by the police department and a color, two-inch by two-inch photograph clearly showing the applicant’s face. Any fees for the photographs and fingerprints shall be paid by the applicant. Fingerprints and photograph shall be taken within 90 days of the date of application;
10. Whether the license applicant has pled guilty or nolo contendere or been convicted of an offense classified by this or any other state as a sex-related offense and (a) less than 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) less than 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) less than 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 license, the license applicant shall attach a copy of the license to be renewed.
D. The information provided in subsection (C) of this section 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 application and licensing and/or permit system set forth herein has determined in accordance with 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 shall cause the same to be redacted from any copy of a completed application form made available to any member of the public, the above-mentioned information.
E. The completed application shall be accompanied by a nonrefundable application fee and an annual license fee. The amount of such fees shall be as set forth in the schedule of fees established by the city council.
F. The completeness of an application shall be immediately determined by the director of community development upon its submittal. The director of community development must be available during normal working hours, as posted, to accept adult business performer applications. If the director of community development determines that the application is incomplete, the director of community development shall 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 and payment of the license fee specified above, the director of community development shall immediately issue a temporary license which shall expire of its own accord 10 business days from the date of issuance and shall only be extended as provided in BGMC 5.19.030.
G. This temporary adult business performer license shall authorize a performer to commence performance at an adult business establishment that possesses a valid adult business regulatory permit authorized to provide live entertainment.
H. The fact that a license applicant possesses other types of state or city permits or licenses does not exempt the license applicant from the requirement of obtaining an adult business performer license. (Ord. 796 § 3, 2006; Ord. 797-U § 3, 2006).
5.19.030 Investigation and action on application for adult business performer license.
A. Upon submission of a completed application, payment of license fees, and issuance of a temporary adult business performer license pursuant to BGMC 5.19.010, the director of community development shall immediately stamp the application “Received” and in conjunction with city staff, including members of the police department, shall promptly investigate the information contained in the application to determine whether the license applicant should be issued an adult business performer license.
B. Investigation shall not be grounds for the city to unilaterally delay in reviewing a completed application. The director of community development’s decision to grant or deny the adult business performer license shall be made within 10 business days from the date the temporary license was issued and in no case shall the decision to grant or deny the license application be made after the expiration of the temporary license.
C. The director of community development shall render a written decision to grant or deny the license within the foregoing 10-day period. Said decision shall be mailed first class postage prepaid or hand-delivered to the applicant, within the foregoing 10-day period, at the address provided by the applicant in the application.
D. The director of community development shall notify the applicant as follows:
1. The director of community development shall write or stamp “Granted” or “Denied” on the application and date and sign such notation.
2. If the application is denied, the director of community development shall attach to the application a statement of the reasons for the denial. Such notice shall also provide that the license applicant may appeal the denial to the city council in accordance with BGMC 5.19.050.
3. If the application is granted, the director of community development shall attach to the application an adult business performer license.
4. The application, as acted upon, and the license, if any, shall be placed in the United States Mail, first class postage prepaid, or hand-delivered, addressed to the license applicant at the residence address stated in the application in accordance with the time frames established herein.
E. The director of community development shall grant the application and issue the license unless the application is denied based on one of the grounds set forth in subsection (F) of this section.
F. The director of community development shall deny the application based on any of the following grounds:
1. The license applicant has made false, misleading, or fraudulent statement of material fact in the application for an adult business performer license.
2. The license applicant is under 18 years of age.
3. The adult business performer license is to be used for performing in a business prohibited by laws of the state or city or a business that does not have a valid adult business regulatory permit.
4. The license 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 (a) less than 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) less than five 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 felony; or (c) less than 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.
G. Failure of the director of community development to render a decision on the license within the time frames established by this section shall be deemed to constitute an approval, subject to appeal to the planning commission, pursuant to BGMC 5.19.050.
H. Each adult business performer license, other than the temporary license described in BGMC 5.19.020(F), shall expire one year from the date of issuance and may be renewed only by filing with the director of community development a written request for renewal, accompanied by the annual license fee and a copy of the license to be renewed. If said application conforms to the previously approved application and there has been no change with respect to the license holder being convicted of any crime classified by this or any other state as a sex-related offense, the business licensing officer or designee shall renew the license for one year. Any plea to or conviction of a sex-related offense requires the renewal application to be set for hearing before the director of community development in accordance with the provisions of this section. The request for renewal shall be made at least 30 days before the expiration date of the license. Applications for renewal shall be acted upon as provided herein for action upon applications for license. The director of community development’s denial of a renewal application is appealable pursuant to the provisions of BGMC 5.19.050. (Ord. 796 § 3, 2006; Ord. 797-U § 3, 2006).
5.19.040 Revocation/suspension of adult business performer license.
A. On determining that grounds for license revocation or suspension exist, the business licensing officer or his designee shall furnish written notice of the proposed suspension or revocation to the license holder. 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 Bell Gardens Municipal Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the license holder, or shall be delivered to the license holder personally, at least 10 days prior to the hearing date.
B. The applicant shall have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues and may be represented by counsel. The director of community development shall 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 licensee. Extensions of time or continuances sought by a licensee shall not be considered delay on the part of the city or constitute failure by the city to provide for prompt decisions on license suspensions or revocations.
C. A license may be revoked, based on any of the following causes arising from the acts or omissions of the permit holder:
1. The licensee has made any false, misleading, or fraudulent statement of material fact in the application for a performer license.
2. The licensee has pled guilty, nolo contendere or been convicted of an offense classified by this or any other state as a sex-related offense and:
a. Less than 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. Less than five 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 felony; or
c. Less than 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.
3. Failure to comply with the operating standards of Chapter 5.18 BGMC or the requirements of this chapter.
D. After holding the hearing in accordance with the provisions of this section, if the director of community development finds and determines that there are grounds for revocation or suspension, the director of community development shall revoke or suspend the license. The director of community development shall render a written decision that shall be hand-delivered or overnight-mailed to the license holder within two days of the hearing. The director of community development’s failure to render such a decision within this time frame shall constitute an approval or reinstatement of the license, subject to appeal to the planning commission, pursuant to BGMC 5.19.050.
E. Any applicant may appeal the decision of the director of community development in writing within five days in accordance with the provisions of BGMC 5.19.050.
F. In the event a permit is revoked pursuant to this section, another adult business performer license shall not be granted to the licensee within 12 months after the date of such revocation. (Ord. 796 § 3, 2006; Ord. 797-U § 3, 2006).
5.19.050 Appeal of denial or revocation of adult business performer license.
A. Any applicant may appeal the decision of the director of community development to the planning commission in writing within five days after the director of community development’s written decision.
B. Consideration of an appeal of the director of community development’s decision shall be at a public hearing, notice of which shall be given pursuant to California Government Code Sections 65091 and 65905 and which hearing shall occur within 20 days of the filing or initiation of the appeal.
C. The planning commission action on the appeal of the director of community development’s decision shall be by a majority vote of the members present and upon the conclusion of the de novo public hearing, the city council shall grant or deny the appeal. The planning commission’s decision shall be final and conclusive and shall be rendered in writing within seven days of the hearing, such written decision to be immediately mailed to the party appealing the director of community development’s decision.
D. In reaching its decision, the planning commission shall not be bound by the formal rules of evidence.
E. Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this division or may request a continuance regarding any decision or consideration by the city of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the city or constitute failure by the city to provide for prompt decisions on applications.
F. Failure of the planning commission to render a decision on any appeal within the time frames established by this section shall be deemed to constitute an approval or reinstatement of the adult business performer license.
G. The time for a court challenge to a decision of the planning commission is governed by California Code of Civil Procedure Section 1094.8.
H. Notice of the planning commission’s decision and its findings shall include a citation to California Code of Civil Procedure Section 1094.8.
I. Any applicant or license holder whose permit has been denied, suspended, or revoked, pursuant to this section shall be afforded prompt judicial review of that decision as provided by California Code of Civil Procedure Section 1094.8. (Ord. 796 § 3, 2006; Ord. 797-U § 3, 2006).
5.19.060 Display of license identification cards.
The director of community development shall provide each adult business performer required to have a license pursuant to this chapter with an identification card containing the name, address, photograph, and permit number of such performer. Every performer shall have such card available for inspection at all times during which he or she is on the premises of the adult business at which he or she performs. (Ord. 796 § 3, 2006; Ord. 797-U § 3, 2006).
5.19.070 Adult business performer license nontransferable.
No adult business performer license may be sold, transferred, or assigned by any licensee or by operation of law, to any other person, group, partnership, corporation, or any other entity. Any such sale, transfer, or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of the adult business performer license, and the license thereafter shall be null and void. (Ord. 796 § 3, 2006; Ord. 797-U § 3, 2006).
5.19.080 Violations.
A. Any licensee violating or causing the violation of any of these provisions regulating adult business performer licenses shall be subject to license revocation/suspension pursuant to BGMC 5.19.040, a fine of not more than $1,000 pursuant to Government Code Sections 36900 and 36901, and any and all other civil remedies. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.
B. In addition to the remedies set forth in subsection (A) of this section, any violation of any of these provisions regulating adult business performer licenses is hereby declared to constitute a public nuisance and may be abated or enjoined.
C. The restrictions imposed pursuant to this section are part of a regulatory licensing process and do not constitute a criminal offense. Notwithstanding any other provision of the Bell Gardens Municipal Code, the city does not impose a criminal penalty for violations of the provisions of Chapter 5.18 BGMC and this chapter related to sexual conduct or activities. (Ord. 796 § 3, 2006; Ord. 797-U § 3, 2006).
5.19.090 Regulations nonexclusive.
The provisions of this chapter regulating adult business performer licenses are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the licensing provisions as adopted by the city council of the city of Bell Gardens. (Ord. 796 § 3, 2006; Ord. 797-U § 3, 2006).
5.19.100 Severability.
If any section, subsection, paragraph, sentence, clause or phrase of this chapter and the ordinance to which it is a part or any part thereof is held for any reason to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, the remaining sections, subsections, paragraphs, sentences, clauses, and phrases shall not be affected thereby. The city council hereby declares that it would have adopted this chapter and the ordinance to which it is a part regardless of the fact that one or more sections, subsections, paragraphs, sentences, clauses, or phrases may be determined to be unconstitutional, invalid or ineffective. (Ord. 796 § 3, 2006; Ord. 797-U § 3, 2006).