Adelanto Municipal Code Ch. 5.64 Adult-Oriented Businesses

A. The Findings set forth in Chapter 17.85 of this Code, and in Section 1 of Ordinance No; 332, which is adopted by reference therein, are adopted herein in full.

B. The Definitions set forth in Chapter 17.85 of this Code, and in Subsection 2 of Article 1 of Section 2 of Ordinance No. 332, which is adopted by reference in Chapter 17.85, are adopted herein in full.

[Ord. 462, Section 3, 5/9/07.]

It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City, the operation of an adult-oriented business unless the person first obtains and continues to maintain in full force and effect an Adult-Oriented Business Regulatory Permit from the City as herein required. [Ord. No. 332, Subsection 3(a), adopted 5/27/97.]

The provisions of this Chapter regulating adult-oriented businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the City Council of the City. [Ord. No. 332, Subsection 4 of Article 4, adopted 5/27/97.]

In addition to the Adult-Oriented Business Regulatory Permit, a City business license shall also be maintained in force and effect, pursuant to Chapter 5.40 herein, for the operation of the adult-oriented business.

[Ord. 462, Section 3, 5/9/07.]

It shall be unlawful for any person to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business unless the person first obtains and continues in full force and effect an Adult-Oriented Business Performer Permit from the City as herein required.

[Ord. No. 332, Subsection 3(b), adopted 5/27/97; Ord. 462, Section 3, 5/9/07.]

A. No person shall engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business, without a valid Adult-Oriented Business Performer Permit issued by the City. All persons who have been issued an Adult-Oriented Business Regulatory Permit shall promptly supplement the information provided as part of the application for the Permit required by Section 3, Article 2, Subsection 1 of Ordinance No. 332, and Chapter 17.85 of this Code, with the names of all performers required to obtain an Adult-Oriented 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-Oriented Business Regulatory Permit.

B. The Chief of Police shall grant, deny and renew Adult Business Employee Permits.

C. The application for a permit shall be made on a form provided by the Chief of Police. An original and two (2) copies of the completed and sworn permit application shall be filed with the Chief of Police.

D. The completed application shall contain the following information and be accompanied by the following documents:

1. The applicant’s legal name and any other names (including “stage names” and aliases) used by the applicant;

• 2. Age, date and place of birth;
• 3. Height, weight, hair and eye color;
• 4. Present residence address and telephone number;
• 5. Whether the applicant has ever been convicted of:

a. Any of the offenses set forth in Penal Code Sections 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 647(a), 647(b) and 647(D), as those sections now exist or may hereafter be amended or renumbered.

b. The equivalent of the aforesaid offenses outside the State of California;

6. 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 person mentioned in this Subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, as statement shall be submitted 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;

7. State driver’s license or identification number;

8. Satisfactory written proof that the applicant is at least eighteen (18) years of age;

9. The applicant’s fingerprints on a form provided by the Police Department, and a color photograph clearly showing the applicant’s face. Any fees for the photographs and fingerprints shall be paid by the applicant;

10. If the application is made for the purpose of renewing a license, the applicant shall attach a copy of the license to be renewed.

E. 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.

F. Upon receipt of an application and payment of the application fee, the Chief of Police shall immediately stamp the application as received and promptly investigate the application.

G. If the Chief of Police determines that the applicant has completed the application improperly, the Chief of Police 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 Chief of Police 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.

[Ord. No. 332, Subsection 6 of Article 2, adopted 5/27/97; Ord. 462, Section 3, 5/9/07.]

A. Within thirty (30) days after receipt of the properly completed application, the Chief of Police shall grant or deny the application and so notify the applicant as follows:

1. The Chief of Police shall write or stamp “Granted” or “Denied” on the application and date and sign such notation.

2. If the application is denied, the Chief of Police shall attach to the application a statement of the reasons for denial.

3. If the application is granted, the Chief of Police shall attach to the application an Adult-Oriented 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 Chief of Police shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in Subsection D. of this Section.

C. If the Chief of Police grants the application or if the Chief of Police neither grants nor denies the application within thirty (30) days after it is stamped as received (except as provided in Subsection G. of Section 5.64.040), the applicant may begin performing in the capacity for which the license was sought.

D. The Chief of Police 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-Oriented 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 Section 5.64.040D.5.a. 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.

E. Each Adult-Oriented Business Performer Permit shall expire one (1) year from the date of issuance and may be renewed only by filing with the Chief of Police 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 application for permits.

[Ord. No. 332, Subsection 7 of Article 2, adopted 5/27/97; Ord. 462, Section 3, 5/9/07.]

A. An Adult-Oriented Business Regulatory Permit or Adult-Oriented Business Employee Permit may be suspended or revoked in accordance with the procedures and standards of this Section.

B. In determining that grounds for permit revocation exist, the Chief of Police shall furnish written notice of the proposed suspension or revocation to the permittee. Such notices 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 maters 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 Chief of Police, 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. The Chief of Police’s decision may be appealed in accordance with Section 5.64.080.

C. A permittee may be subject to suspension or revocation of his permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder or manager of an adult-oriented business:

1. The permittee 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;

2. The permittee, employee, agent, partner, director, stockholder, or manager of an adult-oriented business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult-oriented business, or in the case of an adult-oriented business performer, the permittee has engaged in one of the activities described below while on the premises of an adult-oriented business:

a. Any act of unlawful sexual intercourse, sodomy, oral copulation or masturbation;

b. Use of the establishment as a place where unlawful solicitation for sexual intercourse, sodomy, oral copulation or masturbation openly occur;

c. Any conduct constituting a criminal offense which requires registration under Penal Code Section 290;

d. The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Penal Code Sections 315, 316 or 318 or Subdivision b of Section 647;

e. Any act constituting a violation of provisions in the Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4; or

f. 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 Chief of Police finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the Chief of Police shall impose one (1) of the following:

• 1. A warning;
• 2. Suspension of the permit for a specified period not to exceed six (6) months; or
• 3. Revocation of the permit.

[Ord. No. 332, Subsection 8 of Article 2, adopted 5/27/97; Ord. 462, Section 3, 5/9/07.]

After denial of an application for an Adult-Oriented Business Regulatory Permit or an Adult-Oriented Business Performer Permit, or after denial of renewal of a permit, or suspension or revocation of a permit, the application or person to whom the permit was granted may seek review of such administrative action by the City Council in accordance with the provisions of this Chapter. If the denial, suspension or revocation is affirmed on review, the applicant or permittee may seek prompt judicial review of such administrative action pursuant to Code of Civil Procedure Section 1094.5 or 1094.8. The City shall make all reasonable efforts to expedite judicial review, if sought by permittee.

[Ord. No. 332, Subsection 9 of Article 2, adopted 5/27/97; Ord. 462, Section 3, 5/9/07.]

Every permittee of an adult-oriented business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities must maintain a register of all persons so performing on the premises and their permit numbers. Such register shall be available for inspection during regular business hours by any police officer or health officer of the City.

[Ord. No. 332, Subsection 2 of Article 3, adopted 5/27/97; Ord. 462, Section 3, 5/9/07.]

A. Every adult-oriented business shall display at all times during business hours the permit issued pursuant to the provisions of this Chapter for such adult-oriented business in a conspicuous place so that the same may be readily seen by all persons entering the adult-oriented business.

B. The Chief of Police shall provide each adult-oriented business performer required to have a permit pursuant to this Chapter, with an identification card containing the name, address, photograph and permit number of such performer.

C. An adult-oriented business performer shall have such card available for inspection at all times during which such person is on the premises of the adult-oriented business.

[Ord. No. 332, Subsection 3 of Article 3, adopted 5/27/97; Ord. 462, Section 3, 5/9/07.]

A. It shall be unlawful for any permittee, operator or other person in charge of any adult-oriented business to employ, or provide any service for which it requires such permit, to any person who is not at least eighteen (18) years of age.

B. It shall be unlawful for any permittee, operator or other person in charge of any adult-oriented business to permit to enter, or remain within the adult-oriented business, any person who is not at least eighteen (18) years of age.

[Ord. No. 332, Subsection 3 of Article 3, adopted 5/27/97.]

C. It shall be unlawful for any owner, operator, manager, or permittee in charge of or in control of an adult-oriented business which provides live entertainment depicting specified anatomical areas or involving specified sexual activities to allow any person to perform such entertainment who is not in possession of a valid, unrevoked Adult-Oriented Business Performer Permit.

[Ord. No. 332, Subsection 3 of Article 4, adopted 5/27/97; Ord. 462, Section 3, 5/9/07.]

All persons who possess an outstanding business license heretofore issued for the operation of an adult-oriented business and all persons required by this Chapter to obtain an Adult-Oriented Business Performer Permit, must apply for and obtain such a permit within ninety (90) days of the effective date of Ordinance No. 332. Failure to do so and continued operation of an adult-oriented business, or the continued performances depicting specified anatomical areas or specified sexual activities in an adult-oriented business after such time without a permit shall constitute a violation of this Chapter.

[Ord. No. 332, Subsection 4 of Article 4, adopted 5/27/97, effective 6/26/97; Ord. 462, Section 3, 5/9/07.]