California City Municipal Code Div. 2 Applications

(a) Any person desiring to operate a sexually oriented business shall file with the City an original and two copies of a sworn permit application on the standard application form supplied by the City or designee.

(b) The completed application shall contain the following information and shall be accompanied by the following documents:

(1) If the applicant is:

(i) An individual: The individual shall state legal name and any aliases and submit satisfactory proof the applicant is at least eighteen years of age;

(ii) A partnership: The partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;

(iii) A corporation, the corporation shall state its complete name, the date of its incorporation, evidence the corporation is in good standing under the laws of California, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.

(2) If the applicant intends to operate the sexually oriented business under a name other than the applicant; the applicant must state the sexually oriented business's fictitious name and submit the required registration documents.

(3) Whether the applicant or any of the other individuals listed pursuant to this Section, within the two or five year period (as specified below) immediately preceding the date of the application, has been convicted of a specified criminal act, and, if so, the specified criminal act, the date of conviction and the place of conviction.

(4) Whether the applicant or any of the other individuals listed in the application pursuant to this Section has had a previous permit under the Article or other similar sexually oriented business ordinances from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individuals listed pursuant to this Section has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is identified under this Section whose permit has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.

(5) Whether the applicant or any other individual listed under this Section holds any other permits or licenses under this Code or other similar sexually oriented business ordinances from another city or county and, if so, the names and locations of such other permitted businesses.

(6) The single classification of permit for which the applicant is filing.

(7) The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s), if any.

(8) The applicant's mailing addresses and residential address.

(9) A recent photograph of the applicant(s).

(10) The applicant's driver's permit number, Social Security number, and State or federally issued tax identification number.

(11) A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.

(12) A straight-line drawing prepared by a registered land surveyor or civil engineer depicting the property lines and the structures containing any established existing uses regulated by this Code within one thousand (1,000) feet of the property to be certified; the property lines of any established religious institution/synagogue, school, or public park or recreation area within one thousand (1,000) feet of the property to be certified; and the property lines of any residentially zoned area or residential property within one thousand (1,000) feet of the property to be certified. For purposes of this Section, other than a "line performance," a use shall be considered existing or established if it is in existence at the time an application is submitted. For permit renewals, the original survey may be filed in lieu of a new survey.

(13) If the applicant is an individual, the applicant must sign the application for a permit as applicant. If the applicant is other than an individual, each individual who has a 10% or greater interest in the business must sign the application as applicant. If a corporation is the owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a 10% or greater interest in the corporation must sign the application as applicant.

(14) If an applicant wishes to operate a sexually oriented business which shall exhibit on the premises films, video cassettes, or other video reproductions which depict specified sexual activities or specified anatomical areas, the applicant shall also comply with the application requirements set forth below concerning exhibitions of sexually explicit films or videos in video booths.

(c) Applicants for a permit under this Section shall have a continuing duty to promptly supplement application information required by this Section if such information changes in any way from what is stated on the application. The failure to comply with this continuing duty within thirty days from the date of such change, by supplementing the application on file with the City Manager or designee, shall be grounds for suspension of a permit.

(d) If the City Manager or designee determines or learns at any time the applicant has improperly completed the application for a proposed sexually oriented business, the City Manager shall promptly notify the applicant of such fact and allow the applicant ten (10) days to properly complete the application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.)

(e) The applicant shall pay a non-refundable application fee at the time of filing an application in an amount from time-to-time established by the council by resolution.

(f) Prior to obtaining any permit or license to operate any sexually oriented business defined in this Article, and as part of any application for a permit under this Chapter, the applicant shall obtain from the City a certification that the proposed location of such business complies with the locational requirements of Title 9 of this Code.

(g) The fact a person possesses other types of State or City permits or licenses does not exempt a person from the requirement of obtaining a sexually oriented business permit.

(h) By applying for a permit under this Article, the applicant shall be deemed to have consented to the provisions of this Article and to the exercise by the City Manager or his/her designee, the California City Police Department and all other City agencies charged with enforcing the laws, ordinances and codes applicable in the City of their respective responsibilities under this Article.

(i) The applicant shall provide the City with the names of any and all employees who are required to be licensed pursuant to this Article. This shall be a continuing requirement even after a permit is granted or renewed.

(a) Before any applicant may be issued a Sexually Oriented Business Employee License, the applicant shall submit on a form to be provided by the City Manager or designee the following information:

(1) The applicant's name or any other names (including 'stage' names) or aliases used by the individual;

(2) Age, date, and place of birth;

(3) Height, weight, hair and eye color;

(4) Present residence address and telephone number;

(5) Present business address and telephone number;

(6) State driver's license or identification number;

(7) Social Security number; and

(8) Acceptable written proof that the individual is at least eighteen (18) years of age.

(9) Attached to the application form as provided above, a color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by the California City Police Department. Any fees for the photographs and fingerprints shall be paid by the applicant.

(10) 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 previously operating or seeking to operate, in this or any other county, city, state, or country 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. 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.

(11) Whether the applicant has been convicted of a "specified criminal" act described in this Article. This information shall include the date, place, nature of each conviction or plea of nolo contendere and identifying the convicting jurisdiction.

(b) The City Manager or designee shall refer the Sexually Oriented Business Employee License Application to the California City Police Department for an investigation to be made of such information as is contained on the application. The application process shall be completed within thirty days from the date the completed application is filed. After the investigation, the City Manager or designee shall issue a license unless the report from the California City Police Department finds one or more of the following is true:

(1) The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a license, or in any report or record required to be filed with the sheriff's department or other department of the city;

(2) The applicant is under eighteen years of age;

(3) The applicant has been convicted of a "specified criminal act" as defined in this Article;

(4) The Sexually Oriented Business Employee License is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by particular provisions of this Article;

(5) The applicant has had a Sexually Oriented Business Employee License revoked by the city within two (2) years of the date of the current application;

(c) A license granted pursuant to this Section shall be subject to annual renewal by the City Manager or designee upon the written application of the applicant and a finding by the City Manager or designee and the California City Police Department that the applicant has not been convicted of any "specified criminal act" as in this Article or committed any act during the existence of the previous license period which would be grounds to deny the initial permit application. The renewal of the license shall be subject to payment of a fee as set by a resolution of the City Council.

(a) Upon receipt of an application properly filed with the City and upon payment of the non-refundable application fee, the City Manager or designee shall immediately stamp the application as received and shall immediately send photocopies of the application to the California City Police Department and any other City agencies responsible for enforcement of health, fire and building codes and laws. Each department or agency shall promptly conduct an investigation of the applicant, application and the proposed sexually oriented business in accordance with its responsibilities under law and as set forth in this Article. This investigation shall be completed within twenty (20) days of receipt of the application by the City or its designee. At the conclusion of each investigation, each department or agency shall indicate on the photocopy of the application approval or disapproval of the application, date, signature, and, disapproved, state the reasons therefor. The California City Police Department shall only be required to certify the NCIC records request check. The California City Police Department shall not be required to approve or disapprove applications.

(b) The City shall disapprove an application if it finds the proposed sexually oriented business will be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the City. After its indication of approval or disapproval, each department shall immediately return the photocopy of the application to the City Manager or designee.

(c) The applicant must be qualified according to the provisions of this Article and the premises must be inspected and found to be in compliance with health, fire and building codes and laws.

(a) The City Manager or designee shall grant or deny an application for a permit within sixty (60) days from the date of its proper filing. The application shall be deemed approved on the sixtieth day, unless the City Manager or designee denies the application and states the reasons(s) for that denial.

(b) If granted, the permit shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The permit shall also indicate the Sexually Oriented Business whether permitted or not may be subject to prohibitions against Public Nudity and Indecency pursuant to the United States Supreme Court decision in Barnes v. Glen Theatre, Inc., 111 S.Ct. 2456 (1991). The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it can be read easily at any time.

(c) Denial of Application for Permit. The City Manager or designee shall deny the application for any of the following reasons:

(1) An applicant is under eighteen (18) years of age.

(2) An applicant or an applicant's spouse is overdue on payment to the City of taxes, fees, fines, or penalties assessed or imposed in relation to a sexually oriented business.

(3) An applicant is residing with a person who has been denied a permit by the City to operate a sexually oriented business within the preceding twelve months, or residing with a person whose permit to operate a sexually oriented business has been revoked within the preceding twelve months.

(4) An applicant has failed to provide information required by this Article or permit application for the issuance of the permit or has falsely answered a question or request for information on the application form.

(5) The premises to be used for the sexually oriented business have not been approved as being in compliance with health, fire and building codes by the department or agency responsible under law for investigating said compliance.

(6) The permit fees required by this Article have not been paid.

(7) An applicant is in violation of, or is not in compliance with, any of the provisions of this Article including but not limited to the zoning locational requirements for a sexually oriented business under Title 9 of this Code.

(8) The granting of the application would violate a statute, ordinance, or court order.

(9) The applicant has a permit under this Article which has been suspended or revoked.

(10) An applicant has been convicted of a "specified criminal" act for which:

(i) Less than two (2) 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 sexually oriented business including but not limited to distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations;

(ii) Less than five (5) 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 sexually oriented business including but not limited to distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations;

(iii) Less than five (5) 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 (2) or more misdemeanor offenses for "specified criminal acts" which are sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business including but not limited to distribution of obscenity or materials harmful to minors, prostitution, pandering or tax violations; offenses occurring within any twenty-four-month period;

(iv) The fact a conviction is being appealed shall have no effect on disqualification of the applicant; An applicant who has been convicted of the above described "specified criminal acts" may qualify for a sexually oriented business permit only when the time period mentioned above has elapsed.

(v) An applicant has knowingly employed an employee who does not have a valid license as required by this Article.

(vi) The applicant applies for a permit for a particular location within a period of twelve months from the date of denial of a previous application for a permit at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied.

(vii) If the City Manager or the City Manager's designee, denies the application, he/she shall notify the applicant of the denial and state the reasons(s) for the denial.