5.58.060 - Adult business performer's permit application process.

Any person who is a performer in an adult business must apply for an adult business performer's permit. The adult business performer shall not be permitted to engage or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult business until the adult performer's permit is issued. The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining an adult business performer's permit. (1)

Application. Applicants for an adult business performer's permit shall file a complete, written, signed and verified application or renewal application on a form provided by the city administrator. Such application shall contain the following:

(A)

The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant;

(B)

Age, date and place of birth;

(C)

Present residence address (no post office boxes) and telephone number;

(D)

A copy of the applicant's California DMV identification or driver's license card and Social Security card;

(E)

Satisfactory written proof that the applicant is at least eighteen years of age;

(F)

The name and address of the adult business within the city's limits wherein the applicant will perform;

(G)

The applicant shall submit one two-inch by two-inch (minimum size) portrait photograph, taken within the forty-five days immediately prior to or after the date the application is filed, clearly showing the applicant's face. The applicant shall also provide his/her fingerprints in a form required by the sheriff's department. Any fees for the photograph and fingerprints shall be paid by the applicant;

(H)

A statement detailing the applicant's adult business performer's permit history for the five years immediately preceding the date of the filing of the application;

(I)

A statement detailing whether the applicant has ever had such a license, permit, or authorization for an adult business performer's permit, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the date, the name of the issuing or denying jurisdiction, and describe in full the reasons for the denial, revocation, or suspension;

(J)

Whether the applicant has been convicted of a specified criminal act, as defined in this chapter, and if so, the specified criminal act involved, the date, place, and nature of each conviction or plea of nolo contendere and identify the convicting jurisdiction;

(K)

For renewal applications, the applicant shall submit an application updating the information in the original application, in the event the information in the original application has changed, and attaching a copy of the permit to be renewed;

(L)

The applicant shall sign the application under penalty of perjury;

(M)

Authorization by applicant to city, its employees, agents and contractors, for any and all information necessary to the investigation of the application to determine its truthfulness;

(N)

Any other information the sheriff's department shall deem necessary to investigate the applicant and the contents of the application;

(O)

Each application shall be accompanied by a nonrefundable fee for filing or renewal in the amount to be determined by resolution of the city council, which fees will be used to defray the costs of investigation and processing of such application.

(2)

Submission to City Administrator.

(A)

A complete application for a permit or renewal shall be filed with the city administrator. Upon receipt of a complete application properly filed with the city administrator, the city administrator shall immediately stamp the application as received and shall immediately thereafter commence an investigation of the applicant and the contents of the application.

(B)

The city administrator shall promptly advise the applicant in writing within two working days of receipt of the application if the application is incomplete and the reasons the application is incomplete.

(C)

The city administrator shall grant the applicant a ten day extension of time to complete the application in a manner required by this section. The time period for making a decision on the application shall be stayed during the period in which the applicant is granted an extension. Failure to complete the application as required in this section within the extension period shall be grounds for denying the application.

(3)

Temporary Permit. At the time a complete application for an adult business performer's permit is filed with the city administrator, the city administrator shall immediately issue a forty-five day temporary permit while the city administrator's investigation of the applicant and the contents of the application is being conducted. The temporary permit shall authorize the applicant to perform in a permitted adult business only within the time period indicated on the temporary permit and shall become null and void after the expiration date stated on the temporary permit. The city administrator may extend the temporary permit up to sixty days.

(4)

Investigation—Time Limits.

(A)

The city administrator, and/or his/her designees, including city departments and the sheriff's department, shall promptly conduct an investigation of the applicant and the contents of the application for the proposed adult business performer's permit. Within forty-five days from the date a complete application for a permit is filed with the city administrator, the city administrator shall:

(i)

Approve the application and issue a permit; or

(ii)

Conditionally approve the application and extend the temporary permit for an additional thirty days if the investigation of the applicant or the contents of the application is not completed, and no grounds exist to deny the application; or

(iii)

Deny the application based on one or more of the grounds set forth in this chapter.

(B)

The city administrator shall furnish the applicant with a written notice of his/her decision on the application on the forty-fifth day by mailing such written notice by certified mail, return receipt requested, or by delivering the written notice by personal service.

(5)

Decision on Application. The city administrator shall approve the application or renewal and issue a permit upon findings that the application meets all requirements of this chapter, unless one or more of the following conditions are found to be true:

(A)

The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for a permit or in any report or record required to be filed with the city administrator, other departments of the city, or the sheriff's department;

(B)

The applicant has had any type of adult business performer's license/permit revoked by any public entity within two years of the date of the application;

(C)

The adult business performer's permit is to be used for performing in an adult business prohibited by state or city law;

(D)

The applicant is under eighteen years of age;

(E)

The applicant failed to file a complete application with the city administrator or failed to provide any necessary information to the sheriff's department for the investigation of the applicant;

(F)

That the applicant has been convicted of any specified criminal act, as defined in this chapter;

(i)

An applicant who has been convicted of the above described specified criminal acts may qualify for an adult business performer's permit within five years from the date of the conviction of the specified criminal act. Except if the application follows a revocation of a prior permit issued by the city, the applicant may qualify for an adult business or performer's permit after two years have elapsed from the effective date of the revocation.

(ii)

The fact that a conviction is being appealed shall have no effect on disqualification of the applicant.

(G)

The applicant is overdue forty-five days in payment to the city for fees owed by the applicant in relation to the adult business performer's permit, which is the subject of the application;

(6)

Business License. Once a permit or temporary permit has been issued, the applicant shall obtain and pay the required fees for a business license from the city's business license division. In the case that a temporary permit is issued and the application for an adult business performer's permit is later denied, the business license becomes null and void, and the applicant shall be entitled to a pro-rated refund on the fees paid for a business license.

(7)

Failure to Act on Application. If the city administrator fails to approve or deny the application for an adult performer's permit, or conditionally approve the application by issuing an extension of the temporary permit, within forty-five days from the date a complete application was filed with the city administrator, the permit shall automatically issue, subject to all provisions of this chapter.

(8)

Duty to Update Information. Applicants issued a permit or renewal permit under this chapter shall have a continuing duty to promptly supplement application information required by this chapter in the event that such information changes in any way from what is stated on the original application. The failure to comply with such continuing duty within thirty days from the date of the change, by supplementing the application on file with the city administrator, shall be grounds for revocation or suspension of the adult business permit.

(9)

Prompt Judicial Review. The decision of the city administrator on an application for a permit pursuant to this chapter is considered to be a ministerial act. Issuance or denial of the permit is not subject to administrative appeal. The decision of the city administrator is final and subject to prompt judicial review by a court of competent jurisdiction in accordance with California Code of Civil Procedure, Section 1094.8.

(Ord. 539 §2(part), 1999).