Azusa Municipal Code Div. 3 Adult Live Entertainer Licenses

For purposes of this division, the following definitions shall apply:

A. Adult live entertainment. The term "adult live entertainment" means every form of live entertainment, music, band or orchestra, act, play, burlesque, revue, pantomime, scene, song, dance or act participated in by one or more persons and which live entertainment involves the display or simulation of specified sexual activities or the display of specified anatomical areas.

B. Adult live entertainer. The term "adult live entertainer" means any person who engages in or performs "adult live entertainment."

C. Appeal. The term "appeal" shall have the same meaning as provided in section 18-1251(B) of this article.

D. Couch dance or couch dancing. The term "couch dance" or "couch dancing" means an "adult live entertainer" intentionally touching any patron while engaged in the display or exposure of any specified anatomical area as defined in section 18-1251(D) of this article or while simulating any specified sexual activity as defined in section 18-1251(E) of this article.

E. Straddle dance or straddle dancing. The term "straddle dance" or "straddle dancing" shall have the same meaning as "couch dance" or "couch dancing" as defined in subsection (D) of this section.

(Ord. No. 04-04, § 4, 3-1-04)

Each individual to be employed or who is employed in the capacity as an adult live entertainer for an adult business shall be required to obtain an adult live entertainer license from the city. Each applicant shall pay an adult live entertainer license fee as set by resolution of the city council. It is unlawful and a misdemeanor, subject to punishment in accordance with section 1-10 of this Code, for any person to work as an adult live entertainer without a license as required by this chapter.

(Ord. No. 04-04, § 4, 3-1-04)

Before any applicant may be issued an adult live entertainer license, the applicant shall submit on a form to be provided by the city manager, or designee thereof, the following information:

A. The applicant's full name and any other names or aliases used by the individual during the last five years;

B. Age, date, and place of birth;

C. Height, weight, and color of hair and eyes;

D. Present business address and telephone number;

E. Proposed business address and telephone number;

F. Present residence address and telephone number;

G. State driver's license or identification number;

H. Social Security Number;

I. Evidence that the individual is at least 18 years of age;

J. A statement describing the business, occupation or employment history of the applicant for three years immediately preceding the date of the filing of the application;

K. A statement detailing the license or permit history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant has ever had a license, permit or authorization to do business denied, revoked or suspended, or had any professional or vocational license or permit denied, revoked or suspended regarding a business in this state or anywhere else. 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. A copy of any order of denial, revocation or suspension shall be attached to the application;

L. A statement listing all criminal convictions or pleas of nolo contendere, except those which have been expunged or sealed by court order, or authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600-900, and the disposition of all arrests of the applicant, individual or other entity subject to disclosure under this chapter, for five years prior to the date of the application. This disclosure shall include identification of all ordinance violations, except minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature of each conviction or plea of nolo contendere, and sentence of each conviction or other disposition; identifying the convicting jurisdiction, and sentencing court providing court identifying case numbers or docket numbers; and

M. Attached to the application form as provided above, two color photographs of the applicant clearly showing the individual's face. The application form shall be signed under penalty of perjury.

Notwithstanding the fact that an application filed hereunder may be a "public record" under Government Code Section 6250 et seq., certain portions of such application contain information vital to the effective administration and enforcement of the licensing and/or permit scheme established herein which is personal, private, confidential or the disclosure of which could expose the applicant to a risk of harm. Such information includes, but is not limited to, the applicant's residence address and telephone number, the applicant's date of birth and/or age, the applicant's driver's license and/or Social Security Number, and/or personal financial data. The city council in adopting the application and licensing and/or permit system set forth herein has determined in accordance with Government Code Section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this chapter by ensuring that the applicant's privacy, confidentiality or security interests are protected. The city clerk shall cause to be obliterated from any copy of a completed license application made available to any member of the public, the information set forth above.

(Ord. No. 04-04, § 4, 3-1-04)

A. Upon receipt of a license application, the city manager or designee shall determine whether it is complete and contains all information required by this section within two days of its receipt. If the application is incomplete, the city manager or designee shall deny the application and immediately inform the applicant in writing of the items needed to complete the application.

B. Upon receipt of a completed application, the city manager, or designee thereof, shall refer the adult live entertainer license application to the chief of police to investigate and verify the information contained in the application. The chief of police may refer the application to any law enforcement body or authorized law enforcement contractor to assist in this determination. In no event shall the investigation or the decision to grant or deny a license include information authorized or required to be kept confidential in accordance with Welfare and Institutions Code Sections 600 to 900. After the investigation, including obtaining the information pursuant to Section 18-1267 of this article, the chief of police shall, within ten days of the receipt of the complete application, issue a report on the issuance of the adult live entertainer license to the city manager, or designee thereof, and the city manager or designee shall issue such license within the same ten-day period unless one or more of the following findings is true:

1. The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license, permit or in any report or record required to be filed with the city or county;

2. An applicant is under 18 years of age;

3. An applicant has been convicted of a specified criminal act for which:

a. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; the distribution, display or sale of material harmful to minors; prostitution; or pandering,

b. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; the distribution, display or sale of material harmful to minors; prostitution; or pandering, or

c. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanors for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; distribution, display or sale of material harmful to minors; prostitution; or pandering; conviction of any such offense occurring within 24 months prior to application;

4. The adult live entertainer will be performing in a building, structure and location which does not comply with the requirements or meet the standards of the health, zoning, fire and safety laws of the State of California and ordinances of the city applicable thereto;

5. The applicant has had an adult live entertainer license revoked by the city within two years of the date of the current application;

6. The adult live entertainer license is for a business prohibited by a local or state law, statute, rule or regulation, or prohibited in the particular location by the provisions of this Code; or

7. The applicant has been refused a license or had a license revoked by this city or any other county or municipality within two years of the date of the current application.

C. In the event the information requested pursuant to section 18-1268(B) of this article is not available within said ten-day period, the chief of police shall—if the application otherwise meets the requirements of this Code—issue a report on the issuance of the adult live entertainer license; whereupon the city manager, or designee thereof, shall issue the same. Should the information obtained pursuant to section 18-1268(B) of this article materially vary from that on the application, such variance shall be cause to suspend or revoke the license. Any license issued prior to the city receiving the information required by section 18-1268(B) of this article shall state clearly on its face that the license is subject to suspension on revocation pursuant to this article.

D. The city clerk shall send to the applicant or licensee, by certified mail, return receipt requested, written notice of the action to issue or deny the license within ten days of the receipt of a completed application. The decision of the city manager, or designee thereof, to issue or deny issuance of the license shall be subject to appeal in accordance with the following procedures:

1. The appeal shall be submitted to and received by the city clerk within ten days of the date of such action for which the appeal is made. The appeal must be in writing on forms provided by the city, together with an appeal fee established by resolution of the city council, which may be amended from time to time. All appeals shall set forth the reason for asserting the appeal.

2. When a timely appeal is filed, the city council shall hear the matter or appoint a hearing officer to conduct a hearing on the matter. The hearing officer may be such person or body designated by the city council to perform all or a portion of their duties, or may be another official or body from another city or agency, or other person qualified to conduct a review of the matter. The hearing for an appeal shall take place within ten business day of the receipt of the appeal. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; and may be represented by counsel. 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.

3. The city council or hearing officer shall render a written decision on the matter within five days of the close of the hearing on the appeal. In no event may the appeal hearing be continued for longer than 30 days unless the applicant consents to a longer period of time.

E. The decision of the city council or hearing officer concerning the appeal of a denial of a license shall be final. The applicant or permittee may seek prompt judicial review of such administrative action in a court of competent jurisdiction as provided by law, pursuant to California Code of Civil Procedure Section 1094.5 et seq. The city shall make all reasonable efforts to expedite judicial review in accordance with Code of Civil Procedure Section 1094.8.

(Ord. No. 04-04, § 4, 3-1-04)

In addition to the requirements of this title, adult live entertainment shall be subject to the following regulations:

A. No adult live entertainer shall mingle or fraternize with the patrons on the premises of the adult business while performing.

B. Adult live entertainers shall be restricted to performing on a raised platform which is at least 18 inches above the floor level, and a minimum of six feet in distance from the nearest patron or customer. A rail of at least 42 inches in height shall be installed around the perimeter of the stage.

C. No adult live entertainer shall:

1. Engage in a couch dance or straddle dance with a patron at the business;

2. Contract or otherwise agree to engage in a couch dance or straddle dance with a patron at the business;

3. Engage in the display or exposure of any specified anatomical area or engage in or simulate a specified sexual activity while intentionally touching a patron at the adult business;

4. Engage in the display or exposure of any specified anatomical area or engage in or simulate a specified sexual activity closer than six feet from any patron.

D. No employee, regardless of whether or not a license or other permit has been issued for said business under this chapter, shall engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service between the hours of 2:00 a.m. and 9:00 a.m. of any particular day.

(Ord. No. 04-04, § 4, 3-1-04)

The adult live entertainer license granted pursuant to this chapter shall be subject to annual renewal by the city manager, or designee thereof, upon the written application of the applicant and a finding by the city manager, or designee thereof, and the chief of police that the applicant has not committed any offense or committed any act during the existence of the license which would give grounds to deny the license or refuse the renewal or to revoke the license. If in reviewing the application for renewal of the license, the city manager, or designee thereof, determines that the application will likely be denied, then the city manager, or designee thereof, shall cause an administrative hearing to be held within ten days of the date on which the renewal application was filed with the city. At the hearing, the applicant may present evidence supporting the application or contradicting the evidence presented by the city. The decision of the city manager or designee thereof, to deny renewal of the license shall be subject to appeal to the city council by following the same procedures as set forth in section 18-1253(E) of this article. The renewal of an adult live entertainer license shall be subject to payment of a fee as set by a resolution of the city council.

(Ord. No. 04-04, § 4, 3-1-04)

Any license issued hereunder may be suspended or revoked by the city for a violation of the provisions of this chapter or a failure to comply with the provisions hereof. Any proceeding to consider the suspension or revocation of a license shall utilize the procedures to suspend or revoke an adult business license set forth in sections 18-1257, 18-1258 and 18-1259 of this article."

(Ord. No. 04-04, § 4, 3-1-04)