California City Municipal Code Div. 3 Permits

(a) The holder of a sexually oriented business permit shall pay an annual fee as established by the Council by resolution.

(b) Each applicant for an employee license shall pay a permit fee is to cover reasonable administrative costs of the licensing application process in an amount from time-to-time established by the Council by resolution.

(a) An applicant or permittee shall permit representatives of the Code Enforcement Office, the County Health Department, and the Fire Department to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.

(b) It shall be unlawful and a person who operates a sexually oriented business or the agent or employee of the operator, regardless of whether or not a permit has been issued for the business under this Article, and such person commits a misdemeanor for refusing to permit such lawful inspection of the premises at any time it is occupied or open for business.

(a) Each permit shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in this Article. Application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the permit will not be affected.

(b) When the City Manager or designee denies renewal of the permit, the applicant shall not be issued a permit under this Article for one (1) year from the date of denial. If, subsequent to denial, the City Manager or designee finds the basis for denial of the renewal of the permit has been corrected, the applicant shall be granted a permit if at least ninety days have elapsed since the date the denial became final.

(a) The City Manager or designee shall suspend a permit for a period not to exceed thirty days if the City Manager determines a permittee, or an employee of a permittee, has:

(1) Violated or is not in compliance with any section of this Article; or

(2) Been under the influence of alcoholic beverages while working in the sexually oriented business premises; or

(3) Refused to allow an inspection of the sexually oriented business premises as authorized by this Article; or

(4) Knowingly permitted gambling by any person on the sexually oriented business premises; or

(5) Operated the sexually oriented business in violation of a building, fire, health, or zoning statute, code, ordinance or regulation, whether federal, state or local, the determination being based on investigation by the department charged with enforcing such rules or laws. In the event of such violation, the City Manager or designee shall promptly notify the permittee of the violation and shall allow the permittee a seven-day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven-day period, the City Manager or designee shall forthwith suspend the permit and shall notify the permittee of the suspension.

(6) Engaged in a permit transfer contrary to the intent of this Article. If the City or its designee, suspends a permit on the ground a permittee engaged in a permit transfer contrary to this Article, the City Manager or designee shall forthwith notify the permittee of the suspension. The suspension shall remain in effect until the applicable section of this Article has been satisfied.

(7) Operated the sexually oriented business in violation of the hours of operation.

(8) Knowingly employs a person who does not have a valid license as required by this Article.

(b) The suspension shall remain in effect until the violation of the statute, code, ordinance or regulation in question has been corrected.

(a) The City Manager or designee shall revoke a permit if a cause of suspension occurs and the permit has been suspended within the preceding twelve (12) months.

(b) The City Manager or designee shall revoke a permit upon determining that:

(1) A permittee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant's opportunity for obtaining a permit; or

(2) A permittee or an employee has knowingly allowed possession, use or sale of controlled substances in or on the premises; or

(3) A permittee or an employee has knowingly allowed prostitution on the premises; or

(4) A permittee or an employee knowingly operated the sexually oriented business during a period of time when the permittee's permit was suspended; or

(5) A permittee has been convicted of a "specified criminal act" for which the time period required in by this Article has not elapsed; or

(6) On two or more occasions within a twelve-month period, a person or persons committed an offense, occurring in or on the permitted premises, constituting a specified criminal act for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed. The fact a conviction is being appealed shall have no effect on the revocation of the permit; or

(7) A permittee is convicted of tax violations for any taxes or fees related to a sexually oriented business; or

(8) A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other specified sexual activities to occur in or on the permitted premises.

(9) A permittee has been operating more than one (1) sexually oriented business under a single roof except as provided in Title 9 of this Code.

(c) When the City Manager or designee revokes a permit, the revocation shall continue for one (1) year and the permittee shall not be issued a sexually oriented business permit for one (1) year from the date revocation became effective. If, subsequent to revocation, the City Manager or designee finds the basis for revocation has been corrected, the applicant shall be granted a permit if at least ninety (90) days have elapsed since the date revocation became effective.

After denial of an application or a renewal of an application, or suspension or revocation of a permit, the applicant or permittee may seek prompt review of such administrative action by the Planning Commission. If the denial, suspension or revocation is affirmed upon review, the administrative action shall be promptly reviewed by the City Council. The decision of the City Council is final unless changed by a court of competent jurisdiction.

(a) A permittee shall not operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application for permit.

(b) A permittee shall not transfer a permit to another person unless and until such other person satisfies the following requirements:

(1) Obtains an amendment to the permit from the City Manager or designee which provides the transferee is the permittee, which amendment may be obtained only if the transferee has completed and properly filed an application with the City Manager or designee, setting forth the information required of applicants for permits under this Article; and

(2) Pays a transfer fee of 20% of the annual permit fee.

(c) No permit may be transferred when the City Manager or designee has notified the permittee that suspension or revocation proceedings have been or will be brought against the permittee.

(d) A permittee shall not transfer a permit to another location.

(e) Any attempt to transfer a permit either directly or indirectly in violation of this Section is void and the permit shall be deemed revoked.