Chapter 5-19
ADULT ENTERTAINMENT
Sections:
Article 1. Adult Entertainment
5-19-102 Adult business performer permit: Required.
5-19-104 Investigation and action on application.
5-19-105 Suspension or revocation of adult business performer permits.
Article 2. Appeal
Article 1. Adult Entertainment
5-19-101 Purpose.
The purpose of this chapter is to regulate adult businesses offering adult entertainment as defined in TMC 9-2-102, because, unless regulated, such businesses may result in secondary effects on the community such as prostitution, drug dealing, and other law enforcement problems as well as related public health problems.
(1223-CS, Amended, 10/13/2016; 894-CS, Enacted, 04/11/1996)
5-19-102 Adult business performer permit: Required.
No person shall engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult business as defined by TMC 9-2-102 without a valid adult business performer permit issued by the City. All persons who have been issued an adult business permit shall promptly supplement the information provided as part of the application for the permit required by TMC 9-2-102 with the names of all performers required to obtain an adult business performer permit, within thirty (30) days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the adult business permit.
(1223-CS, Amended, 10/13/2016; 894-CS, Enacted, 04/11/1996)
5-19-103 Application.
Application shall be made to the Police Chief who shall grant, deny, or renew adult business entertainer permits.
(a) The application for a permit shall be made on a form provided by the Police Chief. An original and two (2) copies of the completed and sworn permit application shall be filed with the Police Chief.
(b) Every application submitted to the Police Chief shall include the following information:
(1) The type of permit applied for;
(2) The name, including all aliases, by which the applicant is or has ever been known;
(3) The applicant’s present residence address and the residence addresses and dates thereof for the three (3) years immediately preceding the date of the application;
(4) Written proof that the applicant is at least eighteen (18) years of age;
(5) The applicant’s height, weight, and color of eyes and hair;
(6) Two (2) portrait photographs of the applicant at least two (2") inches by two (2") inches;
(7) The business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of the application;
(8) The applicant’s social security number and driver’s license number, if any;
(9) Similar business license or permit history of the applicant, including:
(i) Whether such person has previously operated in this or another city, county, or state under a license or permit;
(ii) Whether such person has had such license or permit revoked or suspended and the reason therefor; and
(iii) The business activity or occupation of such person subsequent to such action of suspension or revocation;
(10) Whether the applicant has ever been convicted of:
(i) An offense involving conduct which required registration pursuant to Section 290 of the Penal Code of the State;
(ii) An offense involving the use of force and violence upon the person of another that amounts to a felony;
(iii) An offense involving sexual misconduct with children;
(iv) An offense involving theft of property;
(v) An offense as defined in Sections 311, 315, 316, 318, 266, 266a, 266b, 266d, 266e, 266f, 266h, 266i, 647 subdivision (a), 647 subdivision (b), 647 subdivision (d), or 647a of the Penal Code of the State;
(vi) Conspiracy to commit or an attempt to commit any of the aforesaid offenses; and
(vii) The equivalent of any of the aforesaid offenses in a jurisdiction outside the State;
(11) Whether such person is or has ever been licensed or registered as a prostitute or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any such person has ever been licensed or registered as a prostitute, or otherwise has been authorized by the laws of any other state to engage in prostitution, a statement shall be made giving the place of such registration, licensing, or legal authorization and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution;
(12) Whether the applicant, including a corporation or partnership, or a former employer of the applicant while so employed, or a building in which the applicant was so employed or a business conducted, was ever subjected to an abatement proceeding under Sections 11225 through 11235 of the Penal Code of the State or any similar provisions of law in a jurisdiction outside the State;
(13) The location at which the permittee is to be employed;
(14) Such other identification and information necessary to disclose the truth of the matters specified in this section as required to be set forth in the application; and
(15) The applicant’s fingerprints on a form provided by the Police Department and all fees associated with taking and processing the fingerprints.
(c) The completed application shall be accompanied by a non-refundable application fee. The amount of the fee shall be set by resolution of the City Council.
(d) Upon receipt of an application and payment of the application fees, the Police Chief shall immediately stamp the application as received and promptly investigate the application.
(e) If the Police Chief determines that the applicant has completed the application improperly, the Police Chief shall promptly notify the applicant of such fact and grant the applicant an extension of time of not more than ten (10) days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten (10) days, of the time for the City Manager to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.
(894-CS, Enacted, 04/11/1996)
5-19-104 Investigation and action on application.
(a) Within sixty (60) days after receipt of the properly completed application, the Police Chief shall grant or deny the application and so notify the applicant as follows:
(1) The Police Chief shall write or stamp “Granted” or “Denied” on the application and date and sign such notation.
(2) If the application is denied, the Police Chief shall attach to the application a statement of the reasons for denial.
(3) If the application is granted, the Police Chief shall attach to the application an adult business employee permit.
(4) The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the residence address stated in the application.
(b) The Police Chief shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in subsection (c) of this section.
(c) The Police Chief shall deny the application for any of the following reasons:
(1) The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a permit or in any report or document required to be filed with the application;
(2) The applicant is under eighteen (18) years of age;
(3) The adult business employee permit is to be used for performing in a business prohibited by State or City law;
(4) The applicant has been registered in any state as a prostitute;
(5) The applicant has been convicted of any of the offenses enumerated in TMC 5-19-103(b) or convicted of an offense outside the State of California that would have constituted any of the described offenses if committed within the State of California. A permit may be issued to any person convicted of the described crimes if the conviction occurred more than five (5) years prior to the date of the application.
(d) Each adult business performer permit shall expire one (1) year from the date of issuance and may be renewed only by filing with the Police Chief a written request for renewal, accompanied by the application fee and a copy of the permit to be renewed. The request for renewal shall be made at least thirty (30) days before the expiration date of the permit. When made less than thirty (30) days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided herein for applications for permits.
(1223-CS, Amended, 10/13/2016; 894-CS, Enacted, 04/11/1996)
5-19-105 Suspension or revocation of adult business performer permits.
An adult business performer permit may be suspended or revoked in accordance with the procedures and standards of this section.
(a) On determining that grounds for permit revocation exist, the Police Chief shall furnish written notice of the proposed suspension or revocation to the permittee. 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 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 permittee, or shall be delivered to the permittee personally, at least ten (10) days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the Police Chief, but at a minimum shall include the following:
(1) All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness.
(b) A permittee may be subject to suspension or revocation of the permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee:
(1) The permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the City.
(2) The permittee has engaged in one of the activities described below while on the premises of an adult business:
(i) Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.
(ii) Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur.
(iii) Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code.
(iv) The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, or 318 or Subdivision b of Section 647 of the California Penal Code.
(v) Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4.
(vi) Any conduct prohibited by this chapter.
(3) Failure to abide by any disciplinary action previously imposed by an appropriate City official.
(c) After holding the hearing in accordance with the provisions of this section, if the Police Chief finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the Police Chief shall impose one of the following:
(1) A warning;
(2) Suspension of the permit for a specified period not to exceed six (6) months;
(3) Revocation of the permit.
(894-CS, Enacted, 04/11/1996)
Article 2. Appeal
5-19-201 Appeal.
The decision of the Police Chief may be appealed as provided by Title 1, Chapter 4 of this Code.
(894-CS, Enacted, 04/11/1996)