Article 2 — Application and Permits

A.

Every person who proposes to maintain, operate or conduct an adult-oriented business in the city shall file an application with the city manager or the city manager's designee upon a form provided by the city and shall pay a filing fee, as established by resolution adopted by the city council from time to time, which fee shall not be refundable.

B.

Adult-oriented business regulatory permits are nontransferable, except in accordance with Section 14.71.090. All applications shall include the following information:

1.

If the applicant is an individual, the individual shall state his or her legal name, including any aliases, and address, and shall submit satisfactory written proof that he or she is at least eighteen years of age.

2.

If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, and whether the partnership is general or limited, and shall attach a copy of the partnership agreement, if any.

3.

If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service of process.

4.

If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten percent or greater interest in the business entity shall sign the application.

5.

If the applicant intends to operate the adult-oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult-oriented business and show proof of registration of the fictitious name.

6.

The applicant shall describe the type of adult-oriented business for which the permit is requested and the proposed address where the adult-oriented business will operate. If the location of the adult-oriented business is leased by the applicant, the applicant shall submit the names and addresses of the owners and lessors of the proposed adult-oriented business site.

7.

The applicant shall state the address to which notice of action on the application is to be mailed.

8.

The names of all employees, independent contractors, and other persons who will perform at the adultoriented business and who are required by Section 14.71.100 to obtain an adult-oriented business performer license shall be provided. For ongoing reporting requirements, see Section 14.71.160.

9.

The applicant shall provide a sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult-oriented business. The sketch or diagram 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 inches.

10.

The applicant shall provide a straight-line drawing prepared within thirty days prior to submitting the application depicting the following information: (1) the building and the portion thereof to be occupied by the adult-oriented business, (2) the closest exterior wall of any other adult-oriented business within five hundred feet of the primary entrance of the adult-oriented business for which a permit is requested, and (3) the property lines of any religious institution, school, public park, playground, recreational facility, or residentially zoned parcel within five hundred feet of the closest exterior wall of the adult-oriented business.

11.

A diagram shall be submitted depicting the off-street parking areas and premises entries of the adultoriented business showing the location of the lighting system required by Section 14.71.150.

C.

If the city manager determines that the applicant has completed the application improperly, the city manager shall promptly notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of ten days or less to complete the application properly. In addition, the applicant may request an extension, not to exceed fourteen days, of the time for the planning commission to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.

D.

The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining an adult-oriented business regulatory permit.

(Ord. 542 § 2 (part), 1998)

A.

Upon receipt of a completed application and payment of the application and permit fees, the city manager shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the application shall be forwarded to the planning commission for

action. After an application for an adult-oriented business regulatory permit is stamped complete, and the city manager has determined that the locational requirements set forth in Section 14.71.030 are met, any use as defined in Section 14.71.030(C)(2) which locates within five hundred feet of the location of the proposed AOB shall not cause such AOB regulatory permit application to become inconsistent with this chapter.

B.

Within thirty days of receipt of the completed application, the city manager shall set the application for a public hearing on the planning commission's next available regularly scheduled meeting. Noticing shall be provided pursuant to Carpinteria Municipal Code Section 14.76.010. The city manager shall complete the investigation, and shall recommend that the planning commission grant or deny the application in accordance with the provisions of this section, and shall notify the applicant of the time and place set for the planning commission hearing on the application. After the planning commission action on the application, the city manager shall notify the applicant as follows:

1.

The city manager shall write or stamp "granted" or "denied" on the application and date and sign such notation;

2.

If the application is denied, the city manager shall attach to the application a statement of the reasons for denial;

3.

If the application is granted, the city manager shall attach to the application an adult-oriented business regulatory permit;

4.

The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.

C.

The city manager shall recommend granting the application, and the planning commission shall grant the application, and issue the adult-oriented business regulatory permit, upon findings that the proposed business meets the locational criteria of Section 14.71.030 and that the applicant has met all of the development and performance standards and requirements of Section 14.71.150, unless the application is denied for one or more of the reasons set forth in Section 14.71.080. The permittee shall post the permit conspicuously in the adult-oriented business premises.

D.

If the planning commission grants the application, or if the planning commission neither grants nor denies the application within sixty days after it is stamped as received (except as provided in Section

14.71.060(C)), the applicant may begin operating the adult-oriented business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of Section 14.71.150.

E.

For purposes of application processing, any application for a permit pursuant to this chapter is considered to be a ministerial permit and, as such, is not subject to the time frames specified in Section 65950 et. seq. of the California Government Code or the requirements of the California Environmental Quality Act.

F.

Each adult-oriented business regulatory permit shall expire one year from the date of issuance, and may be renewed only by filing with the planning commission a written request for renewal, accompanied by the filing fee and a copy of the permit to be renewed. The request for renewal shall be made at least sixty days before the expiration date of the permit. If the one year time limit expires and no extension has been granted, then the adult-oriented regulatory permit shall be considered null and void. Applications for renewal shall be acted on as provided herein for action upon applications for adult-oriented business regulatory permits.

(Ord. 542 § 2 (part), 1998)

The planning commission shall deny the application solely for any of the following reasons:

A.

The building, structure, equipment, or location used by the business for which an adult-oriented business regulatory permit is required do not comply with the requirements and standards of the health, zoning, fire and safety laws of the city and the state, or with the locational or development and performance standards and requirements of these regulations;

B.

The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult-oriented business regulatory permit;

C.

An applicant is under eighteen years of age;

D.

The required application fee has not been paid.

(Ord. 542 § 2 (part), 1998)

A.

A permittee shall not operate an adult-oriented business under the authority of an adult-oriented business regulatory permit at any place other than the address of the adult-oriented business stated in the application for the permit.

B.

A permittee shall not transfer ownership or control of an adult-oriented business or transfer an adultoriented business regulatory permit to another person unless and until the transferee obtains an amendment to the permit from the planning commission stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the city manager in accordance with Section 14.71.060 et. seq., the transferee accompanies the application with a transfer fee in an amount set by resolution of the city council, and the planning commission determines in accordance with Section 14.71.070 that the transferee would be entitled to the issuance of an original permit.

C.

No permit may be transferred if the city manager has notified the permittee that the permit has been or may be suspended or revoked.

D.

Any attempt to transfer a permit either directly or indirectly in violation of this section is declared void, and the permit shall be deemed revoked.

(Ord. 542 § 2 (part), 1998)

A.

No person shall engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult-oriented business without a valid adult-oriented business performer permit issued by the city. All persons who have been issued an adult-oriented business regulatory permit shall promptly supplement the information provided as part of the application for the permit required by Section 14.71.060 with the names of all performers required to obtain an adult-oriented business performer permit within thirty days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the adult-oriented business regulatory permit.

B.

The city manager or the city manager's designee shall grant, deny and renew adult-oriented business performer permits.

C.

The application for a permit shall be made on a form provided by the city manager. An original and two copies of the completed and sworn permit application shall be filed with the city manager.

D.

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

1.

The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant;

2.

Age, date and place of birth;

3.

Height, weight, hair and eye color;

4.

Present residence address and telephone number;

5.

The business address and telephone number of the adult-oriented business where the licensee intends to perform;

6.

A history of adult-oriented business performer permits issued by the city to the applicant for the five years immediately preceding the date of application;

Whether the applicant has ever been convicted of:

a.

Any of the offenses set forth in Sections 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.

b.

The equivalent of the aforesaid offenses outside the state.

8.

Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution;

9.

State driver's license or identification number;

10.

Satisfactory written proof that the applicant is at least eighteen years of age;

11.

The applicant's fingerprints on a form provided by the sheriff's department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant; and

12.

If the application is made for the purpose of renewing a license, the applicant shall attach a copy of the license to be renewed.

E.

The completed application shall be accompanied by a nonrefundable filing fee. The amount of the fee shall be set by resolution of the city council.

F.

Upon receipt of an application and payment of the application fees, the city manager shall immediately stamp the application as received and promptly investigate the application.

G.

If the city manager determines that the applicant has completed the application improperly, the city manager shall promptly notify the applicant of such fact and grant the applicant an extension of time of not more than ten days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten days, of the time for the city manager to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.

(Ord. 542 § 2 (part), 1998)

A.

Within five days after receipt of the properly completed application, the city manager shall grant or deny the application and so notify the applicant as follows:

1.

The city manager shall write or stamp "granted" or "denied" on the application and date and sign such notation.

2.

If the application is denied, the city manager shall attach to the application a statement of the reasons for denial.

3.

If the application is granted, the city manager shall attach to the application an adult-oriented business performer permit.

4.

The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the residence address stated in the application.

B.

The city manager shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in subsection D of this section.

C.

If the city manager grants the application or if the city manager neither grants nor denies the application within five days after it is stamped as received (except as provided in Section 14.71.100 (G)), the applicant may begin performing in the capacity for which the license was sought.

D.

The city manager shall deny the application for any of the following reasons:

1.

The applicant has knowingly 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;

2.

The applicant is under eighteen years of age;

3.

The adult-oriented business performer permit is to be used for performing in a business prohibited by state law or in violation of this chapter;

4.

The applicant has been registered in any state as a prostitute; or

5.

The applicant has been convicted of any of the offenses enumerated in Section 14.71.100(D)(7) or convicted of an offense outside the state that would have constituted any of the described offenses if committed within the state for which:

a.

Less than two years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is a misdemeanor offense.

b.

Less than five years has elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is a felony offense.

c.

Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanors for the offense occurring within any twenty-four-month period.

E.

Each adult-oriented business performer permit shall expire one year from the date of issuance and may be renewed only by filing with the city manager a written request for renewal, accompanied by the application fee and a copy of the permit to be renewed. The request for renewal shall be made at least sixty days before the expiration date of the permit. If the time limit expires and no extension has been granted, then the adult-oriented business performer permit shall be considered null and void. Applications for renewal shall be acted on as provided herein for applications for permits.

(Ord. 542 § 2 (part), 1998)

A.

An adult-oriented business regulatory permit or adult-oriented business performer permit may be suspended in accordance with the procedures and standards of this section.

B.

The city manager shall suspend a permit for a period not to exceed thirty days if the city manager determines that a permittee, or an employee of a permittee, has violated or is not in compliance with any section of this chapter.

(Ord. 542 § 2 (part), 1998)

An adult-oriented business regulatory permit or adult-oriented business performer permit may be revoked in accordance with the procedures and standards of this section.

A.

The planning commission shall revoke a permit if a cause of suspension, as set out in Section 14.71.120, occurs and the permit has been suspended one or more times within the preceding year.

B.

In addition, the planning commission shall revoke a permit upon determining that:

1.

A permittee gave false or misleading information in the application that tended to enhance the applicant's opportunity to obtain the permit;

2.

A permittee or an employee of a permittee knowingly operated the adult-oriented business during a period of time the permit was suspended; or

3.

A permittee has been operating more than one adult-oriented business in the same building, structure or portion thereof.

C.

When the planning commission revokes a permit, the revocation shall continue for one year, and the permittee shall not be issued another adult-oriented regulatory permit or performer permit for one year from the date the revocation became effective. If, subsequent to revocation, the planning commission finds that the basis for revocation had been corrected, the planning commission shall grant a permit if at least thirty days have elapsed since the date of revocation.

(Ord. 542 § 2 (part), 1998)

After denial of an application for an adult-oriented business regulatory permit or an adult-oriented business performer permit, or after denial of renewal of a permit, or after suspension or revocation of a permit by the planning commission, or after an extension of time for a nonconforming use is denied by the planning commission, the applicant or person to whom the permit was denied may seek review of such administrative action by the city council in accordance with the provisions of Section 14.78.040 of the Municipal Code. If the denial, suspension or revocation is affirmed on review, the applicant or permittee may seek prompt judicial review of such administrative action pursuant to California Code of Civil Procedure Section 1084. The city shall make all reasonable efforts to expedite judicial review.

(Ord. 542 § 2 (part), 1998)