Chapter 5.72
ADULT-ORIENTED BUSINESS PERFORMERS
Sections:
5.72.020 Adult performer permit required.
5.72.030 Application for an adult performer permit.
5.72.050 Police chief’s decision – Notice.
5.72.060 Granting or denial of adult performer permit.
5.72.070 Permit – Term – Continuing duty to supply information.
5.72.080 Notice of revocation.
5.72.100 Moratorium on reapplying after revocation or denial.
5.72.110 Violations – Penalties.
5.72.120 Existing adult performers.
5.72.010 Definitions.
For the purposes of this chapter, the definitions contained herein shall have the following meaning unless another meaning is otherwise apparent from the context:
The definitions contained in Chapter 18.62 of this code shall apply to this chapter.
“Adult performer permit” or “permit” means a permit issued by the chief of police which allows a person to engage or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business.
“Chief of police” means the chief of police of the city or his designee.
“Permittee” means the person to whom an adult performer permit is issued.
“Person who has engaged in disqualifying conduct” means a person who within the two years immediately preceding the date of filing of the application in question or the date of the revocation notice provided pursuant to Section 5.72.090, has been convicted of any offense which is classified as an offense involving sexual crimes against children, sexual battery or abuse, rape, distribution of material harmful to minors, prostitution, pandering or lewd conduct, including, but not necessarily limited to, the violation of any crime requiring registration under California Penal Code Section 290. (Ord. 1498 § 13 (part), 1996)
5.72.020 Adult performer permit required.
It is unlawful for any person to engage or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business without first obtaining an adult performer permit from the city. (Ord. 1498 § 13 (part), 1996)
5.72.030 Application for an adult performer permit.
Applicants for an adult performer permit shall file a written application, signed under penalty of perjury, on a form provided by the license collector. The applicant shall be required to show proof of identification. Said application shall be accompanied by a fee in an amount to be determined by resolution of the city council. The application shall contain the information specified below:
A. Applicant’s legal name and any other names, including stage names and aliases, used by the applicant;
B. The birth date and birth place of the applicant;
C. Height, weight, hair and eye color;
D. Fingerprints and thumbprints of the applicant;
E. The residence and business addresses and telephone numbers of the applicant;
F. Two passport-sized photographs taken within the last six months;
G. Whether the applicant is a person who has engaged in disqualifying conduct as defined in Section 5.72.010 and if so, the dates and details relating to the disqualifying conduct; and
H. The name of the adult-oriented business(es) where the applicant intends to perform. (Ord. 1498 § 13 (part), 1996)
5.72.040 Investigation.
Upon receipt of an application properly filed, the chief of police shall promptly conduct an investigation of the applicant. (Ord. 1498 § 13 (part), 1996)
5.72.050 Police chief’s decision – Notice.
Notice. The chief of police shall give notice of his decision to the applicant within ten days of receipt of a completed application and shall state the reasons for a denial or conditional approval of the permit. The notice shall state that the decision is final absent a timely appeal to the City Manager in accordance with Section 5.72.090. (Ord. 1601 § 60, 2000; Ord. 1498 § 13 (part), 1996)
5.72.060 Granting or denial of adult performer permit.
The police chief shall grant an adult performer permit unless he or she finds at least one of the following conditions present:
A. The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application;
B. The applicant has engaged in disqualifying conduct as defined in Section 5.72.010;
C. The applicant is under eighteen years of age. (Ord. 1498 § 13 (part), 1996)
5.72.070 Permit – Term – Continuing duty to supply information.
A. Adult performer permits shall be subject to renewal every three years. The procedure for renewal shall be the same as for the issuance of a new permit, except that no fingerprints shall be required. The renewal application shall be accompanied by a fee in an amount determined by resolution of the City Council.
B. Every person to whom an adult performer permit is granted shall be issued an identification badge which shall contain the person’s legal name and the photograph submitted with the application along with the expiration date. The permittee shall have the identification badge readily available at all times the permittee is performing.
C. Permittees shall have a continuing duty to promptly supplement application information required by this section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty days from the date of such change, by supplementing the application on file with the police department, shall be grounds for revocation of the permit. (Ord. 1601 § 61, 2000; Ord. 1498 § 13 (part), 1996)
5.72.080 Notice of revocation.
The Chief of Police shall give notice to the permittee of the violation(s) involved and set forth a period of time for the correction of the violation(s) if correction is possible. If the Chief finds that the violation(s) continue without correction, or if correction is not possible, then the Chief shall issue a notice of revocation which shall contain a statement of the violation(s). The Chief shall serve the notice of revocation on the permittee, the employer, and any other interested person requesting a copy of the same. The notice shall specify that the decision is final and conclusive in the absence of a timely appeal taken in the time and manner set forth in Section 5.72.090. If the permit is being revoked due to an immediate danger to the public health, the notice shall specify the danger and provide that an appeal will not stay the revocation. (Ord. 1601 § 62, 2000; Ord. 1498 § 13 (part), 1996)
5.72.090 Appeals.
A. Any person who is aggrieved by a determination made by the Chief of Police pursuant to the provisions of this chapter may, within ten consecutive calendar days from the date of the notice, file a written appeal with the City Manager.
B. The matter shall be set for hearing no more than twenty-one days from the receipt of the appeal. The appellant shall be provided with notice of the time and place of the hearing, as well as all relevant materials, at least five calendar days prior to the hearing. This time period may not be extended and the hearing may not be continued without written authorization of the appellant.
C. At the time hearing, the appellant, City staff and any other interested person may present such relevant evidence as they may have relating to the determination from which the appeal is taken.
D. Based upon the submission of such evidence, the review of the city’s files the City Manager shall issue a written notice and order upholding, modifying, or reversing the determination from which the appeal is taken and if appropriate, specifying the time period in which corrective actions must be taken. The notice shall be given within three working days after the conclusion of the hearing and shall state the reasons for the decision. The notice shall specify that the decision is final and that any petition for judicial review shall be filed in accordance with Code of Civil Procedure section 1094.8.
E. A timely appeal shall stay the order from which the appeal is being taken, unless the notice so provides that a permit has been revoked or other order made due to an immediate danger to the public health and safety.
F. The appeal shall be accompanied by a filing fee in an amount set by resolution of the City Council. (Ord. 1601 § 63, 2000; Ord. 1498 § 13 (part), 1996)
5.72.095 Notices.
Any notice required by this chapter shall be delivered by personal service or sending the same, certified mail, return receipt requested and postage prepaid, to the address listed in the application or the appeal. (Ord. 1601 § 63, 2000)
5.72.100 Moratorium on reapplying after revocation or denial.
If an adult performer permit has been revoked or denied, the applicant shall not be issued a new adult performer permit for a minimum period of two years from the date of revocation or denial, unless the city manager finds that the basis for such revocation or denial has been corrected. (Ord. 1498 § 13 (part), 1996)
5.72.110 Violations – Penalties.
Any person violating this chapter shall be guilty of a misdemeanor. Any violation of the provisions of this chapter shall constitute a separate offense for each and every day during which such violation is committed or continued. (Ord. 1498 § 13 (part), 1996)
5.72.120 Existing adult performers.
All adult performers engaging or participating in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business shall be required to apply for an adult performer permit within one hundred eighty days of the effective date of the ordinance codified in this chapter. (Ord. 1498 § 13 (part), 1996)