Alhambra Municipal Code Ch. 5.51 Adult Business Performers

Section

Cross-reference:

For regulation of adult businesses, see Ch. 5.50

For zoning of adult businesses, see Ch. 23.40

(A) The purpose 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.

(B) The intent of the performer licensing provisions are: (1) to protect minors by requiring that all performers be over the age of 18 years; (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 within a prescribed time period.

(C) 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.

(D) Nothing in these regulations is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use that 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.

(Ord. 4496, passed 5-29-07)

The definitions contained in Chapter 5.50 of this code also apply to this chapter, with the following additions:

LICENSEE. A person who is issued an adult business performer license under this chapter.

(Ord. 4496, passed 5-29-07)

(A) No performer may be employed, hired, engaged or otherwise retained by an adult business to participate in, or give any performance of, adult live entertainment without first having a valid adult business performer license issued by the city.

(B) The Director is responsible for the processing, investigation and issuance of adult business performer licenses in accordance with this chapter.

(C) License applicants must file a license application or renewal application on a form provided by the city. At minimum, this application form must contain the following information:

(1) The 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, tattoo descriptions and locations;

(5) Each present or proposed business address and telephone number 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 a least 18 years of age;

(9) The license applicant's fingerprints on a form provided by the city, and two passport-size photographs clearly showing the applicant's face.

(a) Any fees for the photographs and fingerprints will be paid by the applicant.

(b) Fingerprints and photographs must be taken within six months of the date of application;

(10) Whether the applicant has pled guilty, nolo contendere or been convicted of an offense classified by this or any other state as a sex-related offense within five years since the date of conviction or the date of release from confinement to the date of application, whichever is the later date.

(11) If the application is made for the purpose of renewing a license, the applicant must attach a copy of the license to be renewed.

(D) The information provided above in division (C) that is personal, private, confidential or the disclosure of which could expose the applicant to the risk of harm, including but not limited to, the applicant's residence address, telephone number, date of birth and age, driver's license and Social Security number, will not be disclosed, provided such nondisclosure is in accordance with the California Public Records Act.

(E) The completed application must be accompanied by a non-refundable application fee and annual license fee. The amount of such fees will be as set forth in the schedule of fees established by City Council resolution.

(F) The Director will determine whether the application is complete within two business days.

(1) If the Director determines that the application is incomplete, the Director must immediately inform the applicant of such fact, and the reasons therefor, including any additional information necessary to render the application complete.

(2) Upon receipt of a completed adult business performer application, the Director will, within two business days, issue a temporary license that will automatically expire 30 business days from the date of issuance, unless extended as provided in § 5.51.040(D). This temporary adult business performer license authorizes a performer to commence performance at an adult business that possesses a valid adult business permit authorized to provide adult live entertainment.

(G) 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. 4496, passed 5-29-07)

(A) Upon submission of a completed application and issuance of a temporary adult business performer license, the Director will promptly cause the investigation of the information contained in the application to determine whether the applicant should be issued an adult business performer license.

(B) The Director's decision to grant or deny the adult business performer license must be made within 30 business days from the date the temporary license was issued.

(1) If the application is denied, the Director must include a written statement of the reasons for the denial. Such notice must also advise the applicant of the right to appeal the denial under § 5.51.060.

(2) If the application is granted, the Director will attach the adult business performer license to the notice.

(3) The decision will be mailed or personally delivered to the applicant at the address provided in the application.

(C) The Director may deny the application based on any of the following grounds:

(1) The applicant has made false, misleading or fraudulent statement of material fact in the application for an adult business performer license.

(2) The 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 at a business that does not have a valid adult business permit.

(4) The occurrence of any of the events set forth in § 5.51.030(c)(10).

(D) If the Director fails to render a decision on the license within the time frame established by this section, the application will be deemed approved, subject to an appeal under § 5.51.060.

(E) Each adult business performer license, other than the temporary license described in § 5.51.020(F), will expire one year from the date of issuance, and may be renewed only by filing with the Director a written request for renewal, accompanied by the annual license fee and a copy of the license to be renewed, at least 30 days prior to the expiration of the license.

(1) If the application conforms to the previously approved application and there has been no change with respect to the licensee being convicted of any crime classified by this or any other state as a sex-related offense, and no evidence that the licensee has failed to comply with any of the operating standards of Chapter 5.50 applicable to a performer or the requirements of this chapter, the Director will renew the license for one year.

(2) An application for renewal will be acted upon in the same manner as the application for the original license.

(3) If the Police Chief denies renewal of the application, that decision is also appealable under § 5.51.060.

(Ord. 4496, passed 5-29-07)

(A) A license may be revoked, based on any of the following causes arising from the acts or omissions of the licensee:

(1) The licensee has made a 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 as set forth in § 5.51.030(c)(10).

(3) The licensee has failed to comply with any of the operating standards of Chapter 5.50 applicable to a performer or the requirements of this chapter.

(B) In determining that grounds for license revocation or suspension exist, the Director will furnish written notice of the proposed action to the licensee.

(1) Such notice will set forth the time and place of a hearing before the Director or a hearing officer, the grounds, including the factual matters, in support of such proposed action, and the pertinent code sections.

(2) The notice will be mailed, postage prepaid, to the last known address of the licensee, or personally delivered to the licensee, at least ten days prior to the hearing date.

(C) At the hearing, the licensee will have the right to offer testimonial, documentary and tangible evidence bearing upon the issues.

(1) The Director or hearing officer will not be bound by the formal rules of evidence.

(2) 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.

(D) After the hearing, the Director or hearing officer will either sustain or overrule the decision of the Director and render a written decision within two business days of the hearing.

(1) The decision will be sent by certified mail to the applicant or licensee.

(2) The decision of the Director or hearing officer must include reference to the right to prompt judicial review under Cal. Civ. Proc. Code § 1094.8.

(E) The action by the Director or hearing officer will be final unless timely judicial review is sought pursuant to Cal. Civ. Proc. Code § 1094.8.

(Ord. 4496, passed 5-29-07)

(A) Any interested person may appeal a decision of the Director regarding an application for an adult business performer license, by filing with the City Clerk a complete notice of appeal within 15 days from the date notice of such decision is mailed. To be deemed complete, the appeal must:

(1) Be in writing;

(2) State the grounds for disagreement with the Director's stated decision;

(3) Include the address to which notice is to be mailed;

(4) Be signed under penalty of perjury; and

(5) Be accompanied by the filing fee established by City Council resolution.

(B) If an appeal is timely filed, a hearing officer will hear the appeal.

(C) The hearing officer must set a hearing date not more than 21 days from the date of the filing of the appeal. The hearing may be continued for good cause.

(D) The hearing officer will issue findings in writing within five days of the conclusion of the hearing.

(1) The written findings and decision will be sent by certified mail to the appellant.

(2) The notice of the decision must include reference to the appellant's right to prompt judicial review under Cal. Civ. Proc. Code § 1094.8.

(E) The action by the hearing officer will be final unless timely judicial review is sought pursuant to Cal. Civ. Proc. Code § 1094.8.

(Ord. 4496, passed 5-29-07)

(A) The Director will provide each adult business performer whose application is approved with an identification card containing the name, address, photograph and license number of such performer.

(B) Every performer must have such card available for inspection at all times the performer is on the premises of the adult business at which he or she performs.

(Ord. 4496, passed 5-29-07)

(A) No adult business performer license may be sold, transferred or assigned by any licensee or by operation of law, to any other person.

(B) Any such sale, transfer or assignment, or attempted sale, transfer or assignment, will be deemed to constitute a voluntary surrender of the adult business performer license, and the license thereafter will be void.

(Ord. 4496, passed 5-29-07)

(A) Any licensee violating any of the provisions of this chapter or the provisions of Chapter 5.50 regulating adult business performers will be subject to license revocation, and any and all other civil remedies.

(1) All remedies provided herein are cumulative and not exclusive.

(2) Any such violation will constitute a separate violation for each and every day during which it is committed or continued.

(B) The regulations imposed under this chapter are part of a regulatory licensing process, and violations of this chapter do not constitute a criminal offense. Notwithstanding any other provision of this code, the city does not impose a criminal penalty for violations of the provisions of this chapter related to “expressive activities.”

(Ord. 4496, passed 5-29-07)