Chino Hills Municipal Code Ch. 5.12 Adult-Oriented Live Entertainer Licenses

For purposes of this chapter, the following definitions shall apply:

"Adult-oriented live entertainment" means every form of live entertainment, music, band or orchestra, act, play, burlesque, revue, pantomime, scene, song, dance, or act participated in by one or more persons and which live entertainment involves the display or simulation of specified sexual activities or the display of specified anatomical areas.

"Adult-oriented live entertainer" means any person who engages in or performs adult-oriented live entertainment.

(Ord. 24 § 4 (part), 1992)

Each individual to be employed or who is employed in the capacity as an adult-oriented live entertainer for an adult-oriented business shall be required to obtain an adult-oriented live entertainer license from the city. Each applicant shall pay an adult-oriented live entertainer license fee as set by resolution of the City Council.

(Ord. 24 § 4 (part), 1992)

A. Before any applicant may be issued an adult-oriented live entertainer license, the applicant shall submit on a form to be provided by the City Manager, or his or her designee, the following information:

1. The applicant's full name and any other names or aliases used by the individual during the last five years;

2. Age, date, and place of birth;

3. Height, weight, and color of hair and eyes;

4. Present business address and telephone number;

5. Proposed business address and telephone number;

6. Present residence address and telephone number;

7. State driver's license or identification number;

8. Social Security number;

9. Evidence that the individual is at least eighteen (18) years of age;

10. A statement describing the business, occupation, or employment history of the applicant for three years immediately preceding the date of the filing of the application;

11. 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 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 regarding a business in this state or anywhere else. 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; and

12. A statement listing all criminal convictions or pleas of nolo contendere, except those which have been expunged or sealed by Court Order, or authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600—900, and the disposition of all arrests of the applicant, individual, or other entity subject to disclosure under this chapter, for five years prior to the date of the application. This disclosure shall include identification of all ordinance violations, except minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature of each conviction or plea of nolo contendere, and sentence of each conviction or other disposition; identifying the convicting jurisdiction, and sentencing court providing court identifying case numbers or docket numbers.

B. Attached to the application form as provided in this section, two color photographs of the applicant clearly showing the individual's face, and the individual's fingerprints on a form provided by the entity providing law enforcement services to the city. For persons not residing in the city, the photographs may be on a form from the law enforcement jurisdiction where the person resides. Any fees for the photographs and fingerprints shall be paid by the applicant. The application form shall be signed under penalty of perjury. Notwithstanding the fact that an application filed hereunder may be a public record under Government Code Section 6250 et seq., certain portions of such application contain information vital to the effective administration and enforcement of the licensing and/or permit scheme established in this section which is personal, private, confidential, or the disclosure of which could expose the applicant to a risk of harm. Such information includes, but is not limited to, the applicant's residence address and telephone number, the applicant's date of birth and/or age, the applicant's driver's license and/or Social Security Number, and/or personal financial data. The City Council in adopting the application and licensing and/or permit system set forth in this section has determined in accordance with Government Code Section 6255 that the public interest in disclosure of the information set forth in this section is outweighed by the public interest in achieving compliance with this chapter by ensuring that the applicant's privacy, confidentiality, or security interests are protected. The City Clerk shall cause to be obliterated from any copy of a completed license application made available to any member of the public, the information set forth in this section.

(Ord. 24 § 4 (part), 1992)

A. The City Manager, or his or her designee, shall refer the adult-oriented live entertainer license application to the designated head of the entity providing law enforcement services to the city for an investigation to be made of such information as is contained on the application. In no event shall the investigation or the decision to grant or deny a license include information authorized or required to be kept confidential in accordance with Welfare and Institutions Code Sections 600 to 900. After an investigation, including obtaining the information pursuant to Section 5.36.030 of this code, the designated head of the entity providing law enforcement services to the city shall within ten (10) days of the receipt of the application issue a report on the issuance of the adult-oriented live entertainer license and the City Manager, or his or her designee, shall issue such license unless one or more of the following findings is true:

1. That the applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application for a license, permit, or in any report or record required to be filed with the city or county;

2. That an applicant is under eighteen (18) years of age;

3. That an applicant has been convicted of a specified criminal act 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 of a misdemeanor offense for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; the distribution, display, or sale of material harmful to minors; prostitution; or pandering,

b. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; the distribution, display, or sale of material harmful to minors; prostitution; or pandering, or

c. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanors for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering; conviction of any such offense occurring within twenty-four (24) months prior to application;

4. That the adult-oriented live entertainer will be performing in a building, structure, and location which does not comply with the requirements or meet the standards of the health, zoning, fire, and safety laws of the state of California and ordinances of the city applicable thereto;

5. That the applicant has had an adult-oriented live entertainer license revoked by the city within two years of the date of the current application;

6. That the adult-oriented live entertainer license is for a business prohibited by a local or state law, statute, rule, or regulation, or prohibited in the particular location by the provisions of this code; or

7. That the applicant has been refused a license or had a license revoked by this city or any other county or municipality within two years of the date of the current application.

B. In the event the information requested pursuant to Section 5.36.030 of this code is not available within such ten (10) day period, the designated head of the law enforcement entity providing police services to the city shall—if the application otherwise meets the requirements of this code—issue a report on the issuance of the adult-oriented live entertainer license; whereupon the City Manager, or his or her designee, shall issue the license. Should the information obtained pursuant to Section 5.36.030 of this code materially vary from that on the application, such variance shall be cause to suspend or revoke the license. Any license issued prior to the city receiving the information required by Section 5.36.030 of this code shall state clearly on its face that the license is subject to suspension on revocation pursuant to Sections 5.08.080 and 5.08.100 of this code.

(Ord. 24 § 4 (part), 1992)

In addition to the requirements of this title, adult-oriented live entertainment shall be subject to the following regulations:

A. No adult-oriented live entertainer shall mingle or fraternize with the patrons on the premises of the adult-oriented business while performing.

B. Adult-oriented live entertainers shall be restricted to performing on a raised platform which is at least eighteen (18) inches above the floor level, and a minimum of six feet in distance from the nearest patron or customer. A rail of at least forty-two (42) inches in height shall be installed around the perimeter of the stage.

(Ord. 24 § 4 (part), 1992)

The adult-oriented live entertainer license granted pursuant to this chapter shall be subject to annual renewal by the City Manager, or his or her designee, upon the written application of the applicant and a finding by the City Manager, or his or her designee, and the designated head of the entity providing law enforcement services to the city that the applicant has not committed any offense or committed any act during the existence of the license which would give grounds to deny the license or refuse the renewal or to revoke the license. If in reviewing the application for renewal of the license, the City Manager, or his or her designee, determines that the application will likely be denied, then the City Manager, or his or her designee, shall cause an administrative hearing to be held within ten (10) days of the date on which the renewal application was filed with the city. At the hearing, the applicant may present evidence supporting the application or contradicting the evidence presented by the city. The renewal of an adult-oriented live entertainer license shall be subject to payment of a fee as set by a resolution of the City Council.

(Ord. 24 § 4 (part), 1992)

Any license issued hereunder may be suspended or revoked by the city for a violation of the provisions of this chapter or a failure to comply with the provisions of this chapter. Any proceeding to consider the suspension or revocation of a license shall utilize the procedures to suspend or revoke an adult-oriented business license set forth in Sections 5.08.080 to 5.08.110 of this code.

(Ord. 24 § 4 (part), 1992)