Burbank Municipal Code Art. 9 Adult Businesses

It is the purpose and intent of this article to regulate the operations of adult businesses, which tend to have judicially recognized adverse secondary effects on the community, including, but not limited to, increases in crime in the vicinity of adult businesses; decreases in property values in the vicinity of adult businesses; increases in vacancies in residential and commercial areas in the vicinity of adult businesses; interference with residential property owners’ enjoyment of their properties when such properties are located in the vicinity of adult businesses as a result of increases in crime, litter, noise, and vandalism; and deterioration of neighborhoods. Special regulation of these businesses is necessary to prevent these adverse secondary effects and the blighting or degradation of the neighborhoods in the vicinity of adult businesses while at the same time protecting the First Amendment rights of those individuals who desire to own, operate or patronize adult businesses.

It is, therefore, the purpose of this article to establish reasonable and uniform operational standards for adult businesses. Furthermore, the purpose of this article is to establish regulatory permitting procedures for adult businesses and their performers/entertainers. [Amended by Ord. No. 3558, eff. 10/28/00; added by Ord. No. 3529; 3531.]

In addition to any other definitions contained in the Municipal Code, the following words and phrases shall, for the purpose of this article, be defined as follows, unless it is clearly apparent from the context that another meaning is intended. Should any of the definitions be in conflict with the current provisions of the Municipal Code, these definitions shall prevail for the purposes of this article.

ADULT ARCADE: Shall mean a business establishment or concern to which the public is permitted or invited and where coin, card or slug operated or electronically, electrically or mechanically controlled devices, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing “specified sexual activities” or “specified anatomical areas.” Such devices shall be referred to as “adult arcade devices”.

ADULT BOOTH/INDIVIDUAL VIEWING AREA: Shall mean a partitioned, enclosed or partially enclosed portion of an adult business used for any of the following purposes:

A. Where a live or taped performance is presented or viewed, where the performances and/or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas”;

B. Where “adult arcade devices” are located.

ADULT BUSINESS: Shall mean

A. A business establishment or concern that as a regular and substantial course of conduct operates as an adult retail store, adult motion picture theater, adult arcade, adult cabaret, adult hotel/motel, adult modeling studio; or,

B. A business establishment or concern which as a regular and substantial course of conduct offers, sells or distributes “adult oriented material” or “sexually oriented merchandise”, or which offers to its patrons materials, products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” but not including those uses or activities which are preempted by State law.

ADULT BUSINESS PERFORMER PERMIT: Shall mean a permit issued to a performer pursuant to the provisions of this article.

ADULT BUSINESS PERMIT: Shall mean a permit issued for an Adult Business pursuant to the provisions of this article.

ADULT BUSINESS PREMISES: Shall mean a property described in an Adult Business Permit where an Adult Business is authorized to operate. The Adult Business Premises shall include the building and/or unit where the Adult Business is authorized to operate but shall not include sidewalks, streets, other public rights-of-way, or adjacent property to any such place or location.

ADULT CABARET: Shall mean a business establishment or concern (whether or not serving alcoholic beverages) that features “adult live entertainment”.

ADULT HOTEL/MOTEL: Shall mean a “hotel” or “motel” (as defined in the Municipal Code) that is used for presenting on a regular and substantial basis images through closed circuit television, cable television, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices that are distinguished or characterized by the emphasis on matter depicting or describing or relating to “specified sexual activities” or “specified anatomical areas”.

ADULT LIVE ENTERTAINMENT: Shall mean any physical human body activity, whether performed or engaged in, alone or with other persons, including, but not limited to, singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which: a) the performer (including, but not limited to, a topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar performers) exposes to public view, without opaque covering, “specified anatomical areas”; and/or b) the performance or physical human body activity depicts, describes, or relates to “specified sexual activities” whether or not the specified anatomical areas are covered.

ADULT MODELING STUDIO: Shall mean a business establishment or concern that provides for any form of consideration, the services of a live human model, who, for the purposes of sexual stimulation of patrons, displays “specified anatomical areas” to be observed, sketched, photographed, filmed, painted, sculpted, or otherwise depicted by persons paying for such consideration. “Adult modeling studio” does not include schools maintained pursuant to standards set by the Board of Education of the State of California.

ADULT MOTION PICTURE THEATER: Shall mean a business establishment or concern, with or without a stage or proscenium, where, on a regular and substantial basis and for any form of consideration, material is presented through films, motion pictures, videocassettes, slides, laser disks, digital video disks, holograms, virtual reality devices, or similar electronically-generated reproductions, that is characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.

ADULT ORIENTED MATERIAL: Shall mean a accessories, paraphernalia, books, magazines, laser disks, compact discs, digital video disks, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, holograms or electronically-generated images or devices including computer software, or any combination thereof that is distinguished or characterized by its emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas”. “Adult oriented material” shall include “sexually oriented merchandise”.

ADULT RETAIL STORE: Shall mean a business establishment or concern having as a regular and substantial portion of its stock in trade, “adult oriented material”.

APPLICANT: Shall mean a person who is required to file an application for an Adult Business Permit or Adult Business Performer Permit under this article.

CHILD DAY CARE FACILITY: Shall mean any “child day care facility” as defined in Section 1596.750 of the California Health and Safety Code other than family day care homes.

EMPLOYEE: Shall mean a person who performs any service on an Adult Business Premises on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises. Employee includes without limitation a Performer.

PERFORMER: Shall mean a person who is an Employee of an Adult Business or any other person who, with or without any compensation or other form of consideration, provides adult live entertainment for patrons of an Adult Business.

PERMIT: Shall mean an Adult Business Permit or an Adult Business Performer Permit.

PERMITTEE: Shall mean a person in whose name a permit has been issued to operate either an Adult Business or work as an Adult Business Performer.

PUBLIC PARK: Shall mean any park, playground, swimming pool, reservoir, golf course or athletic field within the City which is under the City’s control, operation and management.

RELIGIOUS INSTITUTION: Shall mean a structure or facility that is used primarily for religious worship and related religious activities.

REVIEWING DEPARTMENTS: Shall mean the Police Department, Fire Department, Planning Division, Community Development Department, the Building Division, any other City department or division thereof with jurisdiction over the development or operation of an Adult Business, and any other local, State, or Federal governmental agency with jurisdiction over the development or operation of an Adult Business.

SCHOOL: Shall mean any institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and/or which is maintained pursuant to standards set by the Board of Education of the State of California. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education under the jurisdiction of the California Department of Education. For the purposes of this article, “school” does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

SEXUALLY ORIENTED MERCHANDISE: Shall mean sexually oriented implements, paraphernalia, or novelty items, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas”.

SPECIFIED ANATOMICAL AREAS: Shall mean and include any of the following:

A. Less than completely and opaquely covered, and/or simulated to be reasonably anatomically correct, even if completely and opaquely covered:

1. Human genitals, pubic region;

2. Buttocks, anus; or

3. Female breasts below a point immediately above the top of the areola; or

B. Human male genitals in a discernibly turgid state, even if completely or opaquely covered.

SPECIFIED CRIMINAL ACT: Shall mean any unlawful lewd or indecent criminal act, including specifically, but not without limitation, any of the lewd or indecent criminal acts specified below:

A. Any of the offenses set forth in Sections 314, 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647 (d) of the California Penal Code as those sections now exist or may hereafter be amended or renumbered, or any offense requiring registration under California Penal Code Section 290.

B. The equivalent of the aforesaid offenses in other jurisdictions outside the State of California.

SPECIFIED SEXUAL ACTIVITIES: Means and includes any of the following, irrespective of whether performed directly or indirectly through clothing or other covering:

A. Human genitals in a state of sexual stimulation or arousal; and/or

B. Acts of human masturbation, sexual stimulation or arousal; and/or

C. Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; and/or

D. Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, or bondage and/or restraints; and/or

E. Human excretion, urination, menstruation, vaginal or anal irrigation; and/or

F. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

TEMPORARY PERMIT: Shall mean a temporary Adult Business Permit or temporary Adult Business Performer Permit issued pursuant to Sections 3-3-907 or 3-3-908 of this article, respectively. [Amended by Ord. No. 3828, eff. 8/24/12; 3558, 3531, 3529.]

A. Hours of Operation: It shall be unlawful for any owner, operator, manager or employee of an adult business to allow such adult business to remain open for business, or to permit any employee or performer to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of ten o’clock (10:00) P.M. and ten o’clock (10:00) A.M. of any day excepting herefrom an “adult hotel/motel”.

B. Exterior Lighting Requirements: All exterior areas, including parking lots, of an adult business shall be illuminated at a minimum of 1.50 foot-candle, maintained and evenly distributed at ground level with appropriate devices to screen, deflect or diffuse the lighting in such manner as to prevent glare or reflected light from creating adverse impacts on adjoining and nearby public and private properties. Inoperable and/or broken lights shall be replaced within twenty-four (24) hours.

C. Interior Lighting Requirements: All interior areas of the adult business excepting therefrom adult hotels/motels, shall be illuminated at a minimum of 1.00 foot-candle, maintained and evenly distributed at floor level. Inoperable and/or broken lights shall be replaced within twenty-four (24) hours.

D. Regulation of Adult Booth/Individual Viewing Area:

1. No adult booth/individual viewing area shall be occupied by more than one individual at a time.

2. Each adult booth/individual viewing area within the adult business shall be visible from a continuous and accessible main aisle in a public portion of the establishment, and shall not be obscured by any door, curtain, wall, two-way mirror or other device which would prohibit a person from seeing the entire interior of the adult booth/individual viewing area from the main aisle. A manager shall be stationed in the main aisle at all times during operating hours. Further, no one shall maintain any adult booth/individual viewing area in any configuration unless the entire interior wherein the picture or entertainment that is viewed is visible from one main aisle. The entire body of any patron in any adult booth/individual viewing area must be visible from the main aisle without the assistance of mirrors or other device.

3. No doors are permitted on an adult booth/individual viewing area. No partially or fully enclosed adult booth/individual viewing areas or partially or fully concealed adult booth/individual viewing areas shall be maintained.

4. No holes or other openings (commonly known as “glory holes”) shall be permitted between adult booths/individual viewing areas. Any such hole or opening shall be repaired within twenty-four (24) hours using “pop” rivets to secure metal plates over the hole or opening to prevent patrons from removing the metal plates.

E. On Site Manager; Security Measures: All adult businesses shall have a responsible person who shall be at least eighteen (18) years of age and shall be on the premises to act as manager at all times during which the business is open. No performer may serve as the manager. The individual(s) designated as the on site manager shall provide their name to the Planning Director to receive all complaints and be given by the owner and/or operator the responsibility and duty to address and immediately resolve all violations taking place on the premises.

All adult businesses shall provide a security system that visually records and monitors all parking lot areas, or in the alternative, state licensed, uniformed security guards to patrol and monitor the parking lot areas during all times during which the business is open. If the business employs security guards, they shall provide written confirmation to the Police Chief prior to their employment that the guards are duly registered. No performer may serve as a security guard.

A sign indicating compliance with this provision shall be posted on the exterior of the premises between four (4) to six (6) feet from the ground. The sign shall not exceed two (2) feet by three (3) feet and shall at a minimum be one (1) foot by one-and-a-half (1/1/2) feet and shall utilize red or black printing of letters not less than one (1) inch in size on a white background.

F. Exterior Doors And Windows: No exterior door or window on the premises of an adult business shall be propped or kept open at anytime while the business is open and any exterior windows shall be covered with opaque coverings at all times.

G. Signs: All adult businesses shall comply with the following sign requirements, in addition to those of the Burbank Municipal Code. Should a conflict exist between the requirements of this Code and this Article, the more restrictive shall prevail.

1. If an adult business does not serve alcohol, it shall post a notice inside the establishment, within ten (10) feet of every entrance used by customers for access to the establishment, stating that persons below the age of eighteen (18) years of age are prohibited from entering onto the premises or within the confines of the adult business. This notice shall be posted on a wall in a place of prominence. The dimensions of the notice shall be no less than six (6) inches by six (6) inches, with a minimum typeface of 25-point. If the adult business serves alcohol, it shall comply with all notice and posting requirements of the Alcoholic Beverage Control Department.

2. No adult oriented material shall be displayed in window areas or any area where it would be visible from any location other than within the confines of the adult business.

H. Public Restroom Facilities: If the adult business provides restrooms for patron use, it shall provide separate restroom facilities for male and female patrons. The restrooms shall be free from adult oriented material. Only one (1) person shall be allowed in each restroom at any time, unless otherwise required by law, in which case the adult business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours. The attendant shall ensure that no person of the opposite sex is permitted into the restroom, and that not more than one (1) person is permitted to enter a restroom stall, unless otherwise required by law, and that the restroom facilities are used only for their intended sanitary purposes. Access to restrooms for patron use shall not require passage through an area used as a dressing area by performers.

I. Trash: All interior trash cans shall be emptied into a single locked trash bin lined with a plastic bag at least once a day. At least four (4) times a day, the front and rear exteriors of any adult business shall be inspected for trash and debris and any trash and debris found shall be immediately removed and placed into a single locked trash bin lined with a plastic bag.

J. Adult Live Entertainment; Additional Operating Requirements: The following additional requirements shall apply to adult businesses providing adult live entertainment:

1. No person shall perform adult live entertainment for patrons of an adult business except upon a permanently fixed stage at least eighteen (18) inches above the level of the floor.

2. No performer shall be within ten (10) feet of a patron while such performer is performing. This ten-foot separation shall be marked by a continuous railing or other physical barrier designed to obstruct any contact between the performer and the patron(s).

3. No performer shall have physical contact with any patron, and no patron shall have physical contact with any performer, while the performer is performing on the premises. In addition, while on the premises, no performer shall have physical contact with a patron and no patron shall have physical contact with a performer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast, with any part or area of any other person’s body either before or after any adult live entertainment by such performer. This prohibition does not extend to incidental touching. Patrons shall be advised of the separation and no touching requirements by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one (1) inch in size on a white background. And, if necessary, patrons shall also be advised of the separation and no touching requirements by employees or independent contractors of the establishment.

4. All employees, except therefrom performers while performing on the fixed stage, while on or about the premises or tenant space, shall wear at a minimum an opaque covering which covers their specified anatomical areas.

5. If patrons wish to pay or tip performers, payment or tips shall be placed in containers placed at least ten (10) feet from the stage or other area used by the performers. Patrons shall not throw money to performers, hand money directly to performers, place monies in the performers’ costumes or otherwise place or throw monies on the stage. Patrons shall be advised of this requirement by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one (1) inch in size on a white background.

6. The adult business shall provide dressing rooms for performers, that are separated by gender and exclusively dedicated to the performers’ use and which the performers shall use. Same gender performers may share a dressing room. Patrons shall not be permitted in dressing rooms.

7. The adult business shall provide an entrance/exit to the establishment for performers that is separate from the entrance/exit used by patrons, which the performers shall use at all times.

8. The adult business shall provide access for performers between the stage and the dressing rooms that is completely separated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum three (3) foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers capable of (and which actually results in) preventing any physical contact between patrons and performers and the patrons must also be seven (7) feet away from the walk aisle. Nothing in this section is intended to exempt the adult business from compliance with the provisions of Title 24 of the California Code of Regulations pertaining to handicapped accessibility.

9. Fixed rail(s) at least thirty (30) inches in height shall be maintained establishing the separations between performers and patrons required by this subsection.

K. Adult Motion Picture Theater; Additional Operating Requirements: The following additional requirements shall apply to adult motion picture theaters:

1. If the theater contains a hall or auditorium area, the area shall comply with each of the following provisions:

a. Have individual, separate seats, not couches, benches, or the like, to accommodate the maximum number of persons who may occupy the hall or auditorium area;

b. Have a continuous main aisle alongside the seating areas in order that each person seated in the hall or auditorium area shall be visible from the aisle at all times;

c. Have a sign posted in a conspicuous place at or near each entrance to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number shall not exceed the number of seats within the hall or auditorium area; and

2. If an adult motion picture theater is designed to permit outdoor viewing by patrons seated in automobiles, it shall have the motion picture screen so situated, or the perimeter of the establishment so fenced, that the material to be seen by those patrons may not be seen from any public right of way, child day care facility, public park, school, or religious institution or any residentially zoned property occupied with a residence. [Amended by Ord. No. 3531, eff. 10/30/99; added by Ord. No. 3529.]

YEARS IF ALCOHOL IS SERVED:

A. Employees: Employees of an adult business must be at least eighteen (18) years of age. It shall be unlawful for any owner, operator, manager, partner, director, officer, shareholder with a ten (10) percent or greater interest, employee, or other person in charge of any adult business to employ, contract with, or otherwise retain any services in connection with the adult business with or from any person who is not at least eighteen (18) years of age. If alcohol is served at the adult business, employees of the adult business must be at least twenty-one (21) years of age. If alcohol is served at the adult business, it shall be unlawful for any owner, operator, manager, partner, director, officer, shareholder with a ten (10) percent or greater interest, employee, or other person in charge of any adult business to employ, contract with, or otherwise retain any services in connection with the adult business with or from any person who is not twenty-one (21) years of age. And said persons shall exercise reasonable care in ascertaining the true age of persons seeking to contract with, be employed by, or otherwise service the adult business.

B. Patrons: Patrons of an adult business must be at least eighteen (18) years of age. It shall be unlawful for any owner, operator, manager, partner, director, officer, shareholder with a ten (10) percent or greater interest, employee, or other person in charge of any adult business to permit to enter or remain within the adult business any person who is not at least eighteen (18) years of age. If alcohol is served at the adult business, patrons must be at least twenty-one (21) years of age. If alcohol is served at the adult business, it shall be unlawful for any owner, operator, manager, partner, director, officer, shareholder with a ten (10) percent or greater interest, employee, or other person in charge of any adult business to permit to enter or remain within the adult business any person who is not at least twenty-one (21) years of age. And said persons shall exercise reasonable care in ascertaining the true age of persons entering the adult business.

C. X-Rated Movies: At any establishment, the selling, renting, displaying, showing and/or viewing of X-rated movies, videotapes, digital video discs (DVDs), compact discs (CDs) and laser discs shall be restricted to persons over eighteen (18) years of age. If an establishment that is not otherwise prohibited from providing access to the establishment to persons under eighteen (18) years of age sells, rents, displays or and/or shows movies, videos, DVDs, or laser discs that have been rated “X” or rated “NC-17” by the motion picture rating industry (“MPAA”), or which have not been submitted to the MPAA for a rating, and which consist of images that are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, said movies, videos, DVDs, CDs, and laser discs shall be located in a specific section of the establishment from which persons under the age of eighteen (18) shall be prohibited. [Amended by Ord. No. 3531, eff. 10/30/99; added by Ord. No. 3529.]

Each owner, operator, manager, employee of an adult business or other person in charge of an adult business shall permit representatives of the Police Department, Health Department, Fire Department, Planning Department, Community Development Department and other City departments, to inspect the adult business for the purpose of ensuring compliance with the laws and operating standards applicable to adult businesses at any time it is occupied or open for business. Such inspections shall be conducted in a reasonable manner. [Amended by Ord. No. 3828, eff. 8/28/12; Added by Ord. No. 3529; 3531.]

It shall be unlawful:

A. For any person to operate an Adult Business without a valid Adult Business Permit issued by the City pursuant to this article.

B. For any person who operates an Adult Business to employ a person to perform services as a performer on the Adult Business Premises who does not possess an Adult Business Performer Permit issued by the City pursuant to this Article.

C. For any person to perform services as a performer of an adult business without having secured an Adult Business Performer Permit issued by the City pursuant to this Article. [Added by Ord. No. 3558, eff. 10/28/00.]

A. Application for Adult Business Permit:

1. An application for an Adult Business Permit, or renewal thereof, shall be made in writing to the Community Development Department on a form prescribed by the Community Development Department. Each application shall be submitted along with six (6) identical copies.

2. Each application for an Adult Business Permit shall include the following information and documents:

a. If the applicant is an individual, the individual shall state their legal name, including any and all aliases used by the applicant in the five (5) years prior to the application, address, social security number, and written proof of the applicant’s age.

b. If the applicant is a partnership (general or limited), joint venture, limited liability company, or any other type of organization where two (2) or more persons share in the profits or liabilities of the organization, then the applicant shall state: the organization’s complete name and official business address; and the legal name, all aliases (used within the previous 5 years), and the ages, business and residence addresses, business and residence telephone numbers, social security numbers of each partner or member (whether or not they are limited partners or members) with a ten (10) percent or more ownership interest in the organization. The applicant shall submit along with the application those documents most recently filed with the Secretary of State of the state in which the organization was formed, identifying the organization’s establishment and the partners and members thereto. If a corporation, partnership, joint venture, limited liability company or other organization is an interest holder that must be disclosed pursuant to this paragraph, then such interest holders shall disclose the information required in this subparagraph with respect to their interest holders.

c. If the applicant is a corporation, the corporation shall provide its complete name and official business address; the legal name, all aliases, and the ages, business addresses, and social security numbers of all of the directors, officers and managers of the corporation and of every person owning or controlling ten (10) percent or more of the shares of the corporation; the date of its incorporation; evidence that the corporation is in good standing under the laws of California; and the name of the registered corporate agent and the address of the registered office for service of process. The applicant shall submit along with the applicant those documents most recently filed with the Secretary of State or Department of Corporations of the state in which the corporation was formed identifying the corporations establishment or formation and identifying the shareholders with a ten (10) percent or more ownership interest. If a corporation, partnership, joint venture, limited liability company or other organization is an shareholder that must be disclosed pursuant to this paragraph, then such shareholders shall disclose the information required in this subparagraph with respect to their interest holders.

d. If the applicant is a trust, the trust shall provide the trust’s complete name; the legal name, all aliases, and the business address of the trustee of the trust; the legal name, all aliases, and the ages, business addresses, and social security numbers of each beneficiary of the trust and the specific interest of each such beneficiary in the trust; and the interest, if any, that the trust holds or proposes to hold in the adult business. If a corporation, partnership, joint venture, limited liability company or other organization is an interest holder that must be disclosed pursuant to this subsection A2d, then such interest holders shall disclose the information required in this subsection with respect to their interest holders.

e. If the applicant is an individual, the applicant shall sign the application. If the applicant is a corporation, a duly authorized agent shall sign the application. If the applicant is a partnership, joint venture, or limited liability company, the applicant shall be signed by at least one of the partners or members entitled to share in the profits of the organization and having unlimited personal liability and the authority to bind the organization. If the applicant is a trust, the trustee shall sign the application. The application shall be verified by oath or affidavit, under penalty of perjury, as to all statements made on the application and any attachments thereto.

f. For any person identified in subsection A1a through A2d of this section, the person’s fingerprints on a form and in a manner provided by the City and two (2) color photographs (taken no more than three (3) months prior to the application and clearly depicting the person’s face) shall be submitted with the application. Any fees for the photographs and fingerprints shall be paid by the applicant.

g. If the applicant intends to operate the Adult Business under a name other than that of the applicant, the applicant shall have registered the fictitious name of the Adult Business with Los Angeles County and show proof of registration of the fictitious name to the Community Development Department as part of the application process.

h. A description of the specific type of Adult Business for which the permit is requested and the proposed address of the Adult Business Premises, plus the names and addresses of the fee simple owner(s) of the Adult Business Premises, if different than the applicant.

i. The address to which notice of action on the applications is to be mailed.

j. A site plan depicting the building and/or unit proposed for the Adult Business Premises, including the building imprint in relation to the property lines. The site plan shall include a dimensional interior floor plan that depicts how the Adult Business Premises will comply with the applicable requirements of this article. The site plan shall also include a diagram of the off-street parking areas required by Section 10-1-1120 of this code.

k. A site map of the property on which the Adult Business Premises is located and the surrounding area, identifying by way of a radius drawing all properties within one thousand (1000) feet of the property (as measured from the property line). The site map shall have been prepared no more than thirty (30) days prior to application.

l. Whether the applicant, or any of the individuals identified in the application pursuant to subsections A2a through A2d of this section has been convicted of, or pleaded nolo contendere to, any specified criminal act within:

(1) Two (2) years of the date of the application, if the conviction is of a misdemeanor offense; or

(2) Five (5) years of the date of the application, if the conviction is of a felony offense.

m. The name of the individual or individuals who shall be the day to day, on site managers of the proposed Adult Business pursuant to subsection 3-3-903E of this Article. If the manager is other than the applicant, the applicant shall provide, for each manager, all of the information required pursuant to subsections A2a, A2f and A2l of this section. At the time of the hiring of any new on site managers, the applicant shall submit all of the information required pursuant to subsections A2a, A2f and A2l of this section, and the applicable Reviewing Departments shall have the right to review said background information as if it were for a new application. If the background investigation of the on site manager(s) shows that the Adult Business Permit application would have been denied if they had been submitted along with the original application, the Community Development Department shall notify the Adult Business that the proposed on-site managers may not be employed by the Adult Business.

n. The application shall be accompanied by an application filing fee, as established by resolution adopted by the City Council, which shall not be refundable. Whenever the City has no resolution in place governing the application fee, the fee shall be that fee set by the resolution or ordinance governing applications for permits issued to Massage Establishments pursuant to Chapter 4, Article 22 of this title. Every application and renewal application shall be accompanied by an application fee.

o. The application shall be accompanied by a waiver and acknowledgment by the applicant, on a form prepared by the City Attorney, acknowledging the right of the Reviewing Departments to conduct the necessary and authorized investigations, including background investigations, and waiving claims related thereto.

3. The fact that an applicant for an Adult Business Permit possesses other types of state or City permits or licenses does not exempt the applicant from the requirement of obtaining an Adult Business Permit pursuant to this article.

B. Investigation on Application for Permit:

1. The Community Development Department shall determine whether the applicant has submitted a complete application within ten (10) City business days of its submission. An application is complete if it has been fully and properly completed in accordance with the terms of this article. If the Community Development Department determines that the applicant has not submitted a complete application, it shall so notify the applicant promptly in writing and state the reasons for its incompleteness. The sixty (60) day period for review and investigation shall not commence until the Community Development Department has determined that the applicant has submitted a complete application. The Community Development Department shall have ten (10) City business days to review each new submittal for completeness.

2. Upon determination of a complete application and payment of the application fees, the Community Development Department shall transmit the application and all attached information to the Reviewing Departments.

3. The Reviewing Departments shall conduct investigations, including inspections of the proposed adult business premises, to determine whether cause for denial of an Adult Business Permit exists pursuant to this section. The Reviewing Departments shall complete their investigations within sixty (60) days of the date that the application is determined to be complete. The Police Department shall verify federal, state and a local summary criminal history information, including without limitation NCIC, and certify whether disqualifying criminal history has been discovered. Accordingly, pursuant to California Penal Code Sections 11105 and 13300, the City Council specifically authorizes the Chief of Police, and their designee, to obtain such information as it relates to disqualifying convictions for specified criminal acts.

4. The Planning Division shall review the application and determine whether the proposed Adult Business Premises meets the criteria of this article and Title 10, including Section 10-1-1120, of this code.

5. The Fire Department and Building Division shall review the application and conduct any necessary investigations to determine whether the proposed adult business premises meets all applicable building, fire and safety codes.

6. Any other Reviewing Department with jurisdiction over the proposed Adult Business, including the Los Angeles County Department of Health Services, shall conduct the necessary investigations to ensure compliance with local, state, and federal laws; provided, however, the failure of any non-City Reviewing Department to provide the necessary information to the Community Development Department within the time frames set forth in this article shall not prevent the Community Development Department from issuing a permit.

C. Action on Adult Business Permit Application:

1. Temporary Permit: Within fifteen (15) days of receipt of a completed application, the Community Development Department shall issue a Temporary Adult Business Permit, unless it has been notified by any Reviewing Department that the proposed Adult Business Premises does not meet the criteria for of an Adult Business Premises, including general building and fire codes, or that the applicant or the application meets one or more of the criteria for denial as set forth in subsection C3 of this section. This Temporary Permit shall expire upon the earlier of sixty (60) days after the time a complete application has been submitted or the date the application for the Adult Business Permit has been denied pursuant to this section. This subsection does not authorize an Adult Business to operate in contravention of any local, State, or Federal laws or regulations concerning fire, health or safety. Upon approving or denying the Temporary Permit, the Community Development Department shall notify the applicant as follows:

a. The Community Development Department shall write or stamp “Temporary Permit Granted” or “Temporary Permit Denied” on the application and date and sign such notation; and

b. Notice of the Temporary Permit approval or denial shall be given to the applicant in writing by first class mail, postage prepaid, deposited for collection and mailing with the United States Postal Service within two (2) City business days of the date of the decision;

c. If the Temporary Permit is denied, the Community Development Department shall attach a statement of reasons for the denial to the notice;

d. If a Temporary Permit is denied, the application for the Adult Business Permit shall also be deemed denied and the applicant shall be so notified in the same notice.

2. Within sixty (60) days of the receipt of a complete application, the Community Development Department shall approve or deny the application for an Adult Business Permit pursuant to Subsection C3 of this section.

3. The Community Development Department shall approve an application for an Adult Business Permit unless one or more of the Reviewing Departments has determined that one or more of the following reasons for denial exists, in which case the application shall be denied:

a. The building, structure, equipment, or location used for the Proposed Adult Business Premises do not comply with the requirements and standards of the health, zoning, fire and safety laws of the City, County of Los Angeles, or State of California, or the property, building, structure, equipment, or location used for the Adult Business Premises do not comply with the requirements of this article or Title 10, including Section 10-1-1120 of this code.

b. The applicant has made any false, misleading or fraudulent statement of material fact on the application for an Adult Business Permit.

c. Any person identified in subsection A2a through A2d and A2m of this section is under eighteen (18) years of age.

d. The required application fee has not been paid.

e. Any person identified in subsection A2a through A2d and A2m of this section has been convicted of, or pleaded nolo contendere to, any specified criminal act within:

(1) Two (2) years of the date of the application, if the conviction is of a misdemeanor offense; or

(2) Five (5) years of the date of the application, if the conviction is of a felony offense.

The fact that a conviction is being appealed at the time of the application or at the time of the denial shall have no effect on disqualification of the applicant pursuant to this section.

f. The approval of the application would violate a statute, ordinance or court order.

4. An Adult Business Permit shall not issue unless the applicant has paid the required Adult Business Permit fee. The Adult Business Permit fee shall be set by a resolution of the City Council and shall be prorated on a quarterly basis. Whenever the City has no resolution in place governing the Adult Business Permit fee, said fee shall be that fee set by the resolution or ordinance governing for business licenses and business permits issued to Massage Establishments pursuant to Chapter 4, Article 22 of this title.

5. Any applicant denied a permit pursuant to the terms of this section may seek review of the denial as set forth in Section 3-3-910 of this article.

D. Permit Nontransferable:

1. No person(s) shall operate, carry on, or engage in an Adult Business under the authority of an Adult Business Permit at any place other than at the address of the Adult Business Premises stated in the application for the permit.

2. No Adult Business Permit issued pursuant to this article shall be transferable to another person or location other than the person and location to which the permit was issued.

3. Subject to subsection 3-3-911F of this article, any attempt to transfer an Adult Business Permit is hereby declared invalid and the permit shall become void.

E. Register and Permit Number For Performers: Every permitted Adult Business must maintain a register of names of all performers working or performing services on the Adult Business Premises and their permit numbers. Such register shall be available for inspection during regular business hours by any authorized city official of the City of Burbank.

F. Display of Permit: Every Adult Business shall display at all times during business hours the permit issued pursuant to the provisions of this article for such Adult Business in a conspicuous place so that the same may be readily seen by all persons entering the Adult Business Premises.

G. Expiration and Renewal Of Permit: Each Adult Business Permit shall expire upon the end of each fiscal year, and may be renewed only by filing a written request for renewal with the Community Development Department, accompanied by the annual permit and application fees, a copy of the permit to be renewed, and a list of all performers. The request for renewal shall be made at least sixty (60) days before the expiration date of the permit. When an application for renewal is made less than sixty (60) days before the expiration date, the expiration of the permit shall not be stayed. Applications for renewal shall be acted on in the same manner and using the same criteria and standards as those provided herein for investigation and action upon applications for Adult Business Permits. [Added by Ord. No. 3558, eff. 10/28/00; Amended by Ord. No. 3828, eff. 8/24/12.]

A. Application for Permit:

1. An application for an Adult Business Performer Permit, or renewal thereof, shall be made in writing to the Community Development Department on a form prescribed by the Community Development Department.

2. Each application shall include the following information and documents:

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

b. Age, date, place of birth and social security number;

c. Height, weight, hair and eye color;

d. Present residence address and telephone number;

e. Whether the applicant has been convicted of, or pleaded nolo contendere to, a Specified Criminal Act within:

(1) Two (2) years of the date of the application, if the conviction is of a misdemeanor offense; or

(2) Five (5) years of the date of the application, if the conviction is of a felony offense.

f. State driver’s license or identification number;

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

h. The applicant’s fingerprints on a form and in a manner provided by the City, and two (2) color photographs clearly showing the applicant’s face. Any fees for the photographs and fingerprints shall be paid by the applicant.

3. The completed application shall be accompanied by a nonrefundable application fee. The amount of the fee shall be set by resolution of the City Council. Whenever the City has no resolution in place governing the application fees, the amount of said fee shall be the fee set forth in the City Council resolution or ordinance governing permit application fees for Massage Technicians regulated by Chapter 4, Article 22 of this title. Every application and renewal application shall be accompanied by an application fee.

B. Investigation on Application:

1. The Community Development Department shall determine whether the applicant has submitted a complete application within ten (10) City business days of its submission. An application is complete if it has been fully and properly completed in accordance with the terms of this article. If the Community Development Department determines that the applicant has not submitted a complete application, it shall so notify the applicant promptly in writing and state the reasons for its incompleteness. The sixty (60) day period for review and investigation shall not commence until the Community Development Department has determined that the applicant has submitted a complete application. The Community Development Department shall have ten (10) City business days to review each new submittal for completeness.

2. Upon receipt of a complete application and payment of the application fee, the Community Development Department shall submit the information to the Police Department and shall immediately stamp the application as received and completed.

3. The Community Development Department and the Police Department shall conduct investigations as to whether cause for denial of an Adult Business Performer Permit exists pursuant to subsection C3 of this section. These Reviewing Departments shall complete their investigations within sixty (60) days of the date the application is determined to be complete. Among other things, the Police Department shall verify local and state summary criminal history information, including without limitation NCIC, and certify whether disqualifying criminal history has been discovered. Accordingly, pursuant to California Penal Code Sections 11105 and 13300, the City Council specifically authorizes the Chief of Police to obtain such information as it relates to disqualifying convictions for specified criminal acts.

C. Action on Application for Adult Business Performer Permit:

1. Upon receipt of a complete application and payment of the application fee, the Community Development Department shall within two (2) City business days issue the applicant a temporary Adult Business Performer Permit, unless it has determined that the application meets the criteria for denial as set forth in subsection C3 of this section. The Temporary Permit shall entitle the applicant to immediately begin working or performing on the premises of the Adult Business Premises listed on the application. The Temporary Permit shall expire upon the earlier of sixty (60) days after its issuance or the date of the denial of the application pursuant to this section. Upon approving or denying the Temporary Permit, the License and Code Services Division shall notify the applicant as follows:

a. The Community Development Department shall write or stamp “Temporary Permit Granted” or “Temporary Permit Denied” on the application and date and sign such notation; and

b. Notice of the Temporary Permit approval or denial shall be given to the applicant in writing by first class mail, postage prepaid, deposited for collection and mailing with the United States Postal Service within two (2) City business days of the date of the decision;

c. If the Temporary Permit is denied, the Community Development Department shall attach a statement of reasons for the denial to the notice;

d. If a Temporary Permit is denied, the application for the Adult Business Performer Permit shall be deemed denied and the applicant shall be so notified in the same notice.

2. Within sixty (60) days of the receipt of a complete application, the Community Development Department shall approve or deny the application for an Adult Business Performer Permit pursuant to subsection C3 of this section:

3. An application for an Adult Business Performer Permit shall be approved unless one or more of the following criteria for denial applies to the applicant or the application, in which case the application shall be denied:

a. The applicant has 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:

b. The applicant is under eighteen (18) years of age;

c. The Adult Business Performer’s Permit is to be used for performing in a business prohibited by Federal, State or local law.

d. The applicant has been convicted of, or pleaded nolo contendere to, a specified criminal act for which:

(1) Less than two (2) years have elapsed since the date of conviction, if the conviction is of a misdemeanor offense;

(2) Less than five (5) years have elapsed since the date of conviction, if the conviction is of a felony offense;

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

4. An Adult Business Performer Permit shall not be issued unless the Permittee has paid the required performer permit fee and application fee. The performer permit fee shall be set by a resolution of the City Council. Whenever the City has no resolution in place governing the performer permit fee, the amount of said fee shall be the fee set forth in the City Council resolution or ordinance governing permit fees for Massage Technicians regulated by Chapter 4, Article 22 of this title.

D. Permit and Identification Card and Accessibility: Upon approval of an Adult Business Performer Permit application pursuant to this article, the Community Development Department shall issue the Performer Permit together with an identification card containing the name, address of the Adult Business, photograph and permit number of such performer. Each authorized Adult Business Performer shall have such card available at the Adult Business Premises for inspection at all times during which such person is on the Adult Business Premises.

E. Permit Nontransferable:

1. No Adult Business Performer Permit shall authorize the Permittee to perform at an Adult Business other than the Adult Business stated on the application for the permit.

2. No Adult Business Performer Permit issued pursuant to this article shall be transferable to any other person or for any other Adult Business Premises.

3. Subject to subsection 3-3-911F of this article, any attempt to transfer an Adult Business Performer Permit is hereby declared invalid and shall become void.

F. Expiration and Renewal: Each Adult Business Performer Permit shall expire upon the end of each fiscal year, and may be renewed only by filing a written request for renewal with the Community Development Department, accompanied by the annual permit and application fees, and a copy of the Permit to be renewed. The request for renewal shall be made at least sixty (60) days before the expiration date of the Permit. When applications for renewal are made less than sixty (60) days before the expiration date, the expiration of the Permit shall not be stayed. Applications for renewal shall be acted on in the same manner and using the same criteria and procedures as those provided herein for applications for Adult Business Performer Permits. [Added by Ord. No. 3558, eff. 10/28/00; Amended by Ord. No. 3828, eff. 8/24/12.]

Every act or omission by an Adult Business Employee constituting a violation of the provisions of this article shall be deemed to be the act or omission of the Adult Business if such act or omission occurs either with the authorization, knowledge, or approval of the Adult Business, or as a result of the Adult Business’ negligent failure to supervise the Employee. The Adult Business shall be punishable for any such act or omission in the same manner as if the Adult Business committed the act or caused the omission. [Added by Ord. No. 3558, eff. 10/28/00.]

A. After denial of an application or renewal application for any Permit required by this Article, the Applicant or Permittee may seek review by way of an administrative hearing in accordance with the provisions of this section.

B. An Applicant or Permittee who has a right of appeal shall filed a Notice of Appeal with the City Clerk in the manner prescribed in Section 2-1-1504 of this code.

C. The appeal shall be heard by the Permit Appeals Panel established pursuant to Section 2-1-1501 of this code. The Permit Appeals Panel shall set the matter for hearing within twenty (20) days of the City Clerk’s receipt of the Notice of Appeal, unless the Applicant or Permittee consents in writing to an extension. At least ten (10) calendar days prior to such hearing, written notice thereof shall be mailed to the Applicant or Permittee by first class U.S. mail with a proof of service attached. The Community Development Department shall prepare a report and record in compliance with Section 2-1-1506 of this code.

D. The hearing of the Permit Appeals Panel shall be conducted in accordance with Section 2-1-1509 of this code.

E. The Permit Appeals Panel shall make a final determination supported by written findings, within ten (10) City business days after the hearing pursuant to this section. If necessary, the Permit Appeals Panel shall have a further meeting prior to the ten (10) day deadline to consider the written findings and adopt them as submitted or as modified by motion of the Panel. No later than two (2) City business days of the Permit Appeals Panel’s decision, notice of the decision and a copy thereof shall be mailed by first class mail, postage prepaid, to the appellant.

F. The decision of the Permit Appeals Panel shall be final and either party may seek judicial review. If the Permit Appeals Panel’s decision is adverse to the Applicant or Permittee, that party may seek judicial review of the Panel’s decision in accordance with California Code of Civil Procedure Section 1094.5 et seq., including Section 1094.8, or as otherwise permitted by law. The notice of the Permit Appeals Panel’s decision shall provide notice of the appellant’s right to judicial review pursuant to Code of Civil Procedure Section 1094.5 et seq., and that the time to seek such review is governed by Code of Civil Procedure Section 1094.6. [Added by Ord. No. 3558, eff. 10/28/00; Amended by Ord. No. 3828, eff. 8/24/12.]

A. Grounds for Suspension of Adult Business Permit: The City may suspend an Adult Business Permit for a period not to exceed thirty (30) days if it determines that:

1. A Permittee has violated or is not in compliance with any provision of this article or Title 10 pertaining to Adult Businesses; or

2. A Permittee has refused to allow an inspection of the Adult Business Premises as authorized by this article;

B. Grounds for Revocation of Adult Business Permit: The City may revoke an Adult Business Permit if it determines that:

1. Cause for suspension pursuant to this section arises and the Adult Business Permit has been suspended within the preceding twelve (12) months;

2. The Permittee gave false or misleading information in the material submitted during the application process;

3. The Permittee has operated the Adult Business during a period of time when the Permittee’s Adult Business Permit was suspended;

4. The Adult Business is delinquent in payment to the City, County, or State for any permits, licenses, taxes or fees past due;

5. The Permittee has attempted to transfer the Adult Business Permit in contravention of Subsection 3-3-907D of this article;

6. The Permittee has failed to abide by a legal order previously issued by an authorized City official;

7. One of the following acts has occurred on the Adult Business Premises either with the authorization, knowledge, or approval of the Adult Business, or as a result of the negligent failure of the Adult Business to supervise its Employees or monitor the Adult Business Premises:

a. The possession, use, or sale of controlled substances has occurred on the Adult Business Premises;

b. Except in the case of an Adult Hotel/Motel, any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act has occurred in or on the Adult Business Premises;

c. A felony or any Specified Criminal Act has occurred on the Adult Business Premises.

C. Grounds for Suspension of Adult Business Performer Permit: The City may suspend a Performer’s Permit for a period not to exceed thirty (30) days if it determines that the Performer has violated or is not in compliance with any section of this article.

D. Grounds for Revocation of Adult Business Performer Permit: The City may revoke a Performer’s Permit if it determines that:

1. The Permittee has violated or is not in compliance with this article and the Performer’s Permit has been suspended within the preceding twelve (12) months;

2. The Permittee has made any false, misleading or fraudulent statement of material fact in the application for the Performer Permit, or in any report or record required to be filed with the City;

3. The Permittee has committed a felony or a specified criminal act while on the Adult Business Premises;

4. The Permittee has engaged in sexual intercourse, sodomy, oral copulation or masturbation while on the premises of the Adult Business;

5. The Permittee has failed to abide by a legal order previously issued by an authorized City official.

E. Effect of Revocation of Permits; Issuance of New Permit: Except as otherwise provided herein, once an Adult Business Permit has been revoked, neither the Permittee nor any person with a ten (10) percent or more ownership interest in the Permittee shall be allowed to reapply for a Permit, and no person shall be entitled to apply for a Permit for the Adult Business Premises for which the Permit was revoked, for at least one (1) year from the date the revocation became effective. Except as otherwise provided herein, once an Adult Business Performer Permit has been revoked, no Permit shall issue for the Permittee for at least one (1) year from the date the revocation became effective.

F. Procedures for Suspension or Revocation of Permits:

1. If any city official, including without limitation the Chief of Police, the City Planner, or the Community Development Department, obtains evidence supporting a determination that cause for Permit suspension or revocation exists pursuant to this section, then the official shall file written charges and submit them to the Community Development Department.

2. Upon the receipt of the written charges, the Community Development Department shall set the matter for hearing before the Permit Appeals Panel (established pursuant to Section 2-1-1501 of this code) within twenty (20) days of the filing of the written charges.

3. The Community Development Department shall give notice to the Permittee to appear before the Permit Appeals Panel at the time and place set forth for such hearing to show cause why the Permit issued to such Permittee should not be revoked or suspended. Said notice shall state the grounds for complaint or reasons for the proposed revocation or suspension and shall be served upon the Permittee not less than ten (10) days prior to the date set for the hearing.

4. The Permit Appeals Panel shall hold a hearing at the time set therefor. Hearings shall be conducted in a manner consistent with Section 2-1-1509 of this code. The Community Development Department shall prepare and transmit a report and record in the manner required by Section 2-1-1506 of this code.

5. Any hearing under this section may be continued for a reasonable time for the convenience of a party or witness, provided, however, that the hearing may only be continued only with the written consent of the Permittee.

6. After holding a hearing to determine whether a suspension or revocation is warranted, the Permit Appeals Panel shall impose a suspension or revocation as required by this section if it determines there are sufficient grounds for a suspension or revocation. Where this section permits a suspension, but does not so require, the Permit Appeals Panel may grant a warning if it determines, in the exercise of sound and reasonable discretion, that a warning and appropriate corrective action are sufficient to protect the public health and safety. The Permit Appeals Panel may, in conjunction with the issuance of a warning or the suspension of a Permit, order the Permittee to take corrective action.

7. The Permit Appeals Panel shall render a written decision supported by findings. Notice of the Permit Appeals Panel’s decision shall be mailed by first class mail, postage prepaid, to the Permittee. The decision becomes effective three (3) business days after notice of the decision has been mailed. Any decision by the Permit Appeals Panel suspending or revoking a Permit issued pursuant to this article shall be final.

8. The City Manager, Chief of Police, Fire Chief, or Community Development Director may suspend any Permit without previous notice and pending a hearing when it appears to any such officer that the immediate suspension or revocation of any Permit is necessary to protect the public health or safety:

a. At the time of the suspension or revocation of the Permit, the Permittee shall be served with a written statement containing the reasons for such suspension or revocation and giving notice of the time and place for hearing thereon before the Permit Appeals Panel.

b. The hearing of the charges upon which the suspension or revocation was based shall otherwise comply with the provisions of this subsection and shall be held not later than forty-eight (48) hours after such suspension unless an extension of time therefor is requested in writing by the permittee in which event the hearing will be held not later than twenty (20) days after suspension or revocation.

9. In the event the decision of the Permit Appeals Panel, is adverse to the Permittee, the Permittee may seek judicial review of the Permit Appeals Panel’s decision in accordance with California Code of Civil Procedure Section 1094.5 et seq., or as otherwise permitted by law. The notice of the Permit Appeals Panel’s decision shall provide notice of the Permittee’s right to judicial review pursuant to Code of Civil Procedure Section 1094.5 et seq., and that the time to seek such review is governed by Code of Civil Procedure Section 1094.6. In the event the Permittee files an action pursuant to California Code of Civil Procedure 1094.5 et seq., the decision suspending or revoking the Permit shall automatically be stayed upon service of the complaint to the City Clerk. Nothing herein shall be construed as a limitation upon the City’s ability to seeking court action to enforce the terms of this article. [Added by Ord. No. 3558, eff. 10/28/00; Amended by Ord. No. 3828, eff. 8/24/12.]

Any Adult Business legally existing prior to the effective date of the ordinance enacting the Permit requirements of this article and any Performers of said Adult Businesses must apply for and obtain the requisite Permits within sixty (60) days of said effective date. The continued operation of an Adult Business, or the continued employment as an Adult Business Performer, after such time without a Permit shall constitute a violation of this article. [Added by Ord. No. 3558, eff. 10/28/00.]

The provisions of this article regulating Adult 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 of Burbank; provided, however, that the provisions contained in Chapter 3, Articles 1 and 5 of this title shall be deemed superseded by these regulations in the event a business activity therein also meets the definitions contained in this article. [Amended by Ord. No. 3558, eff. 10/28/00; formerly numbered 5-906; 3531, 3529.]

Any owner, operator, manager, employee or independent contractor of an Adult Business wilfully violating or permitting, counseling, or assisting the wilful violation of any of these provisions regulating Adult Businesses shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the County jail for not more than six (6) months, or by both such fine and imprisonment. Any violation of these provisions shall constitute a separate offense for each and every day during which such violation is committed or continued. [Amended by Ord. No. 3558, eff. 10/28/00; formerly numbered 5-907; 3531, 3529.]

In addition to the penalties set forth in Section 3-3-914 of this article, any Adult Business that is operating in violation of these provisions regulating adult businesses is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation. [Amended by Ord. No. 3558, eff. 10/28/00; formerly numbered 5-908; 3531, 3529.]

If any section, subsection, paragraph, sentence, clause, or phrase of this article and the ordinance to which it is a part, or any part thereof is held for any reason to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, the remaining sections, subsections, paragraphs, sentences, clauses, and phrases shall not be affected thereby. The City Council hereby declares that it would have adopted this article and the ordinance to which it is a part regardless of the fact that one or more sections, subsections, paragraphs, sentences, clauses, or phrases may be determined to be unconstitutional, invalid, or ineffective. [Amended by Ord. No. 3558, eff. 10/28/00; formerly numbered 5-909; 3529.]

1 Code reference: See Chapter 6 of this title for general provisions on licenses and permits.

2 Gov.C. § 54950 et seq.

3 Gov.C. § 54950 et seq.