Azusa Municipal Code Div. 4 Figure Model Licenses

The following terms used in this division shall have the meanings indicated below:

A. Appeal. "Appeal," as used herein, shall have the same meaning as set forth in section 18-1251(B) of this article.

B. Figure model. "Figure model" means any person, male or female, who models or poses at a nude model studio while nude or semi-nude to be observed, viewed, sketched, painted, drawn, sculpted, photographed or otherwise similarly depicted.

C. Nude, semi-nude and state of nudity. "Nude," "semi-nude" and "state of nudity," as used herein, shall have the same meaning as set forth in section 18-1251(F) of this article.

D. Nude model studio. "Nude model studio" shall have the same meaning herein as defined in section 18-1251(A) of this article.

(Ord. No. 04-04, § 4, 3-1-04)

No person shall engage in, conduct, perform, model or pose as a figure model, or conduct, manage or carry-on any place where such posing or modeling is available or open to the public within the city without first obtaining a figure model license pursuant to the provisions of this chapter, and securing the necessary zoning permits and business licenses required by the Code. No person shall act as a figure model for a fee or gratuity without a license from the city.

(Ord. No. 04-04, § 4, 3-1-04)

A. Applications for figure model licenses shall be filed with the city manager on forms supplied by the city, together with a fee established by resolution of the city council to cover the cost of processing and investigation. The application shall be signed and verified by the applicant and shall contain such information as set forth below. The city manager may require that the applicant be fingerprinted and photographed.

B. Any applicant for a license shall submit the following information:

1. The full name and present address of the applicant;

2. The two previous addresses immediately prior to the present address of the applicant;

3. Written proof that the applicant is over the age of 18 years;

4. Applicant's height, weight, color of eyes, and hair;

5. Applicant's business, occupation or employment for the three years immediately preceding the date of the application;

6. The business license and/or permit license history of the applicant, including whether the applicant has ever had any license or permit issued by any agency, board, city, county, territory or state. The date of issuance of such license or permit, including whether the license or permit was denied, revoked or suspended shall also be included;

7. Information concerning specified criminal acts 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;

8. Authorization for the city, its agents and employees, to seek verification of the information contained in the application;

9. A statement in writing, signed and dated by the applicant, that he or she certifies under penalty of perjury that all information contained in the application is true and correct.

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 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. The chief of police shall, within ten days of the filing of a complete application, recommend that the city manager, or designee thereof, approve, conditionally approve or deny the application based on the information obtained during the background investigation. Whereupon the city manager, or designee thereof, shall issue or deny the same. In the event the background information requested is not available within said ten-day period, the chief of police shall—if the application otherwise meets the requirements of this Code—recommend issuance of the figure model license. Should the information obtained 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 this section shall state clearly on its face that the license is subject to suspension or revocation pursuant to sections 18-1257, 18-1258 and 18-1259 of this article. In no event shall the decision to grant or deny the license be based on information authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600-900.

C. The city manager, or designee thereof, shall issue such license within the ten-day period as requested, unless the city manager, or designee thereof, makes any of the following findings:

1. The applicant:

a. Has been convicted of a violation of California Penal Code Sections 266h; 266i; 314; 315; 316; 318; subsections (a), (b), and (h), of Penal Code Section 647, or any other provision of law pursuant to which a person is required to register under the provisions of Penal Code Section 290;

b. Has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Sections 11225 through 11235 of the California Penal Code or any similar provisions of law in a jurisdiction outside the state of California;

c. Has been convicted of any offense in any other state which is the equivalent of any of the above-mentioned offenses;

d. Reserved;

e. Has committed an act in another jurisdiction, if done by a licensee under this article, would be grounds for denial, suspension or revocation of the license;

f. Has been convicted of an act involving dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are related to the qualifications, functions or duties of the licensee;

g. The applicant has made a false, misleading or fraudulent statement of fact to the city in the license application process;

h. The application does not contain all of the information required;

i. The nude model studio, where the applicant proposes to use the license, does not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards.

2. The location of the proposed nude model studio is at a site or location that does not meet the requirements of Article IX of Title 88 of this Code.

D. The city clerk shall send to the 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 the 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 procedures contained in section 18-1251(E) of this Code.

E. The decision of the city council or hearing officer concerning the appeal of a denial of a permit 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)

A. No license issued hereunder shall be transferable to any other person.

B. Figure model licenses shall be issued for the period of 12 months and shall expire 12 months from issuance.

C. Renewal application shall be filed no later than 30 days prior to the expiration of the license to prevent a lapse of the license.

D. Each applicant for renewal shall file such information as may be required by the city manager to update the information required for his or her original license application. The application for renewal shall include the appropriate filing fees as set by resolution of the city council.

(Ord. No. 04-04, § 4, 3-1-04)

It is unlawful and a misdemeanor subject to punishment in accordance with section 1-10 of this Code for any person, customer or patron to disrobe while on the premises. A person operating a nude model studio shall cause a sign, to be posted in a conspicuous space visible from the main entrance of the establishment, containing the message, with one and one-half inch height and width lettering, which reads:

"PATRONS ARE PROHIBITED FROM DISROBING ON PREMISES."

A person that operates a nude model studio who knowingly permits a customer or patron to disrobe shall subject their adult business license to suspension and/or revocation pursuant to this article.

(Ord. No. 04-04, § 4, 3-1-04)

No operator of a nude model studio shall employ or utilize the services in any way of a figure model who does not possess a valid license therefore.

(Ord. No. 04-04, § 4, 3-1-04)

The license issued pursuant to this chapter for each figure model shall be displayed within an area on the premises open to the public at all times. The identification card issued to a figure model shall be available for display to any police officer or other city officer upon demand.

(Ord. No. 04-04, § 4, 3-1-04)

A. Violation. The city manager may refuse to renew a license or may revoke or suspend an existing license on the grounds that the applicant or license holder has failed to comply with the license conditions or other requirements of this chapter. If in reviewing the application for renewal, 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 from the date on which the complete 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. If a suspended license lapses during the suspension period, a new application must be made at the end of the suspension period. In any such case, the applicant or license holder shall have the right to appeal to the city council in the time and manner set forth in this section.

B. Revocation and suspension.

1. The city manager, or designee thereof, may revoke or refuse to renew a figure model license if he or she makes any of the findings for denial of a license under section 18-1275(C) or 18-1277, or upon any subsequent violation of any provision of this article within one year following a prior suspension under subdivision (2) below.

2. The city manager, or designee thereof, may suspend a figure model license for a period of 30 days for any violation of the provisions of this article.

C. Notice. When the city manager concludes that grounds for denial, suspension, revocation or refusal to renew a license exist, the city manager shall serve the applicant or license holder, either personally or by certified mail, addressed to the business or residence address of the applicant or license holder, with a notice of denial or notice of intent to suspend, revoke or refusal to renew license. In the event certified mail is used, the Notice shall also be sent by regular first-class mail to the same address with postage fully paid thereon. This notice shall state the reasons for the proposed action, the effective date of the decision if no appeal is filed by applicant or license holder, and the right of the applicant or license holder to appeal to the city council.

D. Appeal. The applicant or license holder may appeal the decision of the city manager by following the same procedures as set forth in section 18-1253(E) of this article.

(Ord. No. 04-04, § 4, 3-1-04)

It is unlawful and a misdemeanor for any person to engage in, conduct, perform model or pose as a figure model without obtaining the figure model license required by this article. Violations shall subject the violator to punishment in accordance with section 1-10 of this Code. Violation of the provisions of this chapter by existing licensees shall subject their license to suspension and/or revocation in accordance with the provisions in this article.

(Ord. No. 04-04, § 4, 3-1-04)