Chino Hills Municipal Code Ch. 5.16 Figure Model Licenses

Definitions. The following terms used in this chapter have the meanings indicated in this section:

"Figure model" means any person, male or female, who models or poses at a nude model studio while nude or semi-nude to be observed, viewed, sketched, painted, drawn, sculpted, photographed, or otherwise similarly depicted.

"Nude," "semi-nude," and "state of nudity," as used in this chapter shall have the same meaning as set forth in Sections 5.08.020 of this code.

"Nude model studio" shall have the same meaning in this chapter as defined in Section 5.08.040 of this code.

(Ord. 24 § 5 (part), 1992)

No person shall engage in, conduct, perform, model, or pose as a figure model, or conduct, manage, or carry-on any place where such posing or modeling is available or open to the public within the city without first obtaining a figure model license pursuant to the provisions of this chapter, and securing the necessary zoning permits and business licenses required by the code. No person shall act as a figure model for a fee or gratuity without a license from the city.

(Ord. 24 § 5 (part), 1992)

A. Applications for figure model licenses shall be filed with the City Manager on forms supplied by the city, together with a fee established by resolution of the City Council to cover the cost of processing and investigation. The application shall be signed and verified by the applicant and shall contain such information as set forth in this section. The City Manager may require that the applicant be fingerprinted and photographed.

B. Any applicant for a license shall submit the following information:

1. The full name and present address of the applicant;

2. The two previous addresses immediately prior to the present address of the applicant;

3. Written proof that the applicant is over the age of eighteen (18) years;

4. Applicant's height, weight, color of eyes, and hair;

5. Applicant's business, occupation, or employment for the three years immediately preceding the date of the application;

6. The business license and/or permit license history of the applicant, including whether the applicant has ever had any license or permit issued by any agency, board, city, county, territory, or state. The date of issuance of such license or permit, including whether the license or permit was denied, revoked, or suspended shall also be included;

7. All criminal convictions, excluding minor traffic violations and those convictions authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600 to 900, including date and place of each such conviction and the reason for such convictions;

8. Authorization for the city, its agents and employees, to seek verification of the information contained in the application;

9. Such other information and identification as deemed necessary by the designated head of the entity providing law enforcement services to the city;

10. A statement in writing, signed and dated by the applicant, that he or she certifies under penalty of perjury that all information contained in the application is true and correct.

C. Notwithstanding the fact that an application filed under this chapter 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 chapter 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 chapter 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, confidentially, 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 § 5 (part), 1992)

A. Upon receiving an application for a figure model license, the City Manager, or his or her designee, shall cause an investigation to be made to determine whether a license should be issued as requested. The designated head of the entity providing law enforcement services to the city shall, within ten (10) days of the filing of an application, recommend that the City Manager, or his or her designee, approve, conditionally approve, or deny the application based on the information obtained during the investigation, including that obtained pursuant to Section 5.36.030 of this code. Whereupon the City Manager, or designee thereof, shall issue or deny the same. In the event the information requested 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—recommend issuance of the figure model 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 or revocation pursuant to Sections 5.08.080 and 5.08.100 of this code. In no event shall the decision to grant or deny the license be based on information authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600—900.

B. The City Manager, or his or her designee, shall issue such license as requested, unless the City Manager, or his or her designee thereof, makes any of the following findings:

1. The applicant:

a. Has been convicted of a violation of California Penal Code Sections 266h, 266i, 314, 315, 316, 318 subsections (a), (b), and (g), of Penal Code Sections 647 or 650.5, or any other provision of law pursuant to which a person is required to register under the provisions of Penal Code Section 290;

b. Has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Sections 11225 through 11235 of the California Penal Code, or any similar provisions of law in a jurisdiction outside the State of California;

c. Has been convicted of any offense in any other state which is the equivalent of any of the offenses mentioned in this section;

d. Has engaged in conduct which would constitute an offense as described in subparagraph (a) of this subsection, within five years immediately prior to the filing of any application;

e. Has committed an act in another jurisdiction, which if committed in this state would have been a violation of law or, which, if done by a licensee under this chapter, would be grounds for denial, suspension, or revocation of the license;

f. Has been convicted of an act involving dishonesty, fraud, deceit, or moral turpitude or an act of violence, which act or acts are related to the qualifications, functions, or duties of the licensee;

g. The applicant has made a false, misleading, or fraudulent statement of fact to the city in the license application process;

h. The application does not contain all of the information required;

i. The nude model studio, where the applicant proposes to use the license, does not comply with all applicable laws, including, but not limited to, health, zoning, fire, and safety requirements and standards.

(Ord. 24 § 5 (part), 1992)

A. No license issued under this chapter shall be transferable to any other person.

B. Figure model licenses shall be issued for the period of twelve (12) months and shall expire twelve (12) months from issuance.

C. Renewal applications for the next insuring license shall be filed no later than thirty (30) days prior to the expiration of the license to prevent a lapse of the license.

D. Each applicant for renewal shall file such information as may be required by the City Manager to update the information required for his or her original license application. The application for renewal shall include the appropriate filing fees as set by resolution of the City Council.

(Ord. 24 § 5 (part), 1992)

It is unlawful and a misdemeanor subject to punishment in accordance with Section 1.36.010 et seq. of this code for any person operating a nude model studio or any employee of such studio—including a figure model—to allow any customer or patron to disrobe while on the premises. A person operating a nude model studio shall cause a sign, to be posted in a conspicuous space visible from the main entrance of the establishment, containing the message, with one and one-half inch height and width lettering, which reads:

PATRONS ARE PROHIBITED FROM DISROBING ON PREMISES.

(Ord. 24 § 5 (part), 1992)

No operator of a nude model studio shall employ or utilize the services in any way of a figure model who does not possess a valid license therefor.

(Ord. 24 § 5 (part), 1992)

The license issued pursuant to this chapter for each figure model shall be displayed within an area on the premises open to the public at all times. The identification card issued to a figure model shall be available for display to any Police Officer or other city officer upon demand.

(Ord. 24 § 5 (part), 1992)

A. Violation and Nonviolation. The City Manager may refuse to renew a license or may revoke or suspend an existing license on the grounds that the applicant or license holder has failed to comply with the license conditions or other requirements of this chapter. If in reviewing the application for renewal, 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 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. If a suspended license lapses during the suspension period, a new application must be made at the end of the suspension period. In any such case, the applicant or license holder shall have the right to appeal to the City Council in the time and manner set forth in this section.

B. Revocation and Suspension.

1. The City Manager, or his or her designee, may revoke or refuse to renew a figure model license if he or she makes any of the findings for denial of a license under Sections 5.16.030 and 5.16.040, or upon any subsequent violation of any provision of this chapter within one year following a prior suspension under subparagraph (2) of this section.

2. The City Manager, or his or her designee, may suspend a figure model license for a period of thirty (30) days for any violation of the provisions of this chapter.

C. Notice. When the City Manager concludes that grounds for denial, suspension, revocation, or refusal to renew a license exist, the City Manager shall serve the applicant or license holder, either personally or by certified mail, addressed to the business or residence address of applicant or license holder, with a notice of denial or notice of intent to suspend, revoke, or refuse to renew license. This notice shall state the reasons for the proposed action, the effective date of the decision if no appeal is filed by applicant or license holder, and the right of the applicant or license holder to appeal to the City Council the decision of the City Manager.

D. Appeal. The applicant or license holder may appeal the decision of the City Manager in accordance with Section 1.20.010 et seq. of this code.

(Ord. 24 § 5 (part), 1992)

It is unlawful and a misdemeanor for any person to violate any provision of this chapter and shall subject the violator to punishment in accordance with Section 1.01.200 et seq. of this code.

(Ord. 24 § 5 (part), 1992)