Chula Vista Municipal Code Art. II Sexually Oriented Business Performer License

A. No performer/adult cabaret dancer shall be employed, hired, engaged, or otherwise retained in an adult business to participate in or give any live performance displaying “specified anatomical areas” or “specified sexual activities” without first having a valid sexually oriented business performer license issued by the City.

B. The Chief of Police shall grant, deny, and renew sexually oriented business performer licenses in accordance with these regulations.

C. License applicants shall file a written, signed, and verified application or renewal application on a form provided by the Chief of Police. Such application shall contain the following information:

1. The license applicant’s legal name and any other names (including “stage names” and aliases) used by the applicant.

2. Principal place of residence.

3. Age, date and place of birth.

4. Height, weight, hair and eye color, and tattoo descriptions and locations.

5. Each present and/or proposed business address(es) and telephone number(s) of the establishments at which the applicant intends to work.

6. Driver’s license or identification number and state of issuance.

7. Social Security number.

8. Satisfactory written proof that the license applicant is at least 18 years of age.

9. The license applicant’s fingerprints on a Livescan form provided by the Chula Vista Police Department and two color two-by-two-inch photographs clearly showing the applicant’s face. The applicant shall pay the required fee(s) for photographs and fingerprint processing, as set forth in the master fee schedule of the City adopted by resolution of the City Council. Fingerprints and photographs shall be taken within six months of the date of application.

10. Whether the license applicant has pled guilty or nolo contendere or been convicted of a specified criminal activity.

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

D. The information provided in subsection (C) of this section which is personal, private, confidential or the disclosure of which could expose the applicant to the risk of harm will not be disclosed under the California Public Records Act or the open government ordinance. Such information includes, but is not limited to, the applicant’s residence address, telephone number, date of birth, age, driver’s license and Social Security number. The City Council in adopting the application and licensing and/or permit system set forth herein has determined in accordance with Government Code Section 6255 that the public interest in disclosure of the information set forth above 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 the same to be redacted from any copy of a completed application form made available to any member of the public, the abovementioned information.

E. The completed application shall be accompanied by a nonrefundable application fee or nonrefundable license renewal fee. The amount of such fees shall be as set forth in the master fee schedule of the City adopted by resolution of the City Council.

F. The completeness of an application shall be determined within 24 business hours. The Chief of Police must be available during normal working hours Monday through Friday to accept sexually oriented business performer applications. If the Chief of Police determines that the application is incomplete, the Chief of Police shall immediately inform the applicant of such fact and the reasons therefor, including any additional information necessary to render the application complete. Upon receipt of a completed sexually oriented business performer application and payment of the license fee specified in subsection (E) of this section, the Chief of Police shall immediately issue a temporary license which shall expire of its own accord 30 City business days from the date of issuance and shall only be extended as provided in CVMC 9.13.150.

G. This temporary sexually oriented business performer license shall authorize a performer/adult cabaret dancer to commence performance at a sexually oriented business establishment that possesses a valid sexually oriented business regulatory license authorized to provide live entertainment.

H. The fact that a license applicant possesses other types of state or City permits or licenses does not exempt the license applicant from the requirement of obtaining a sexually oriented business performer license. (Ord. 3315 §§ 2(2), 2(14) – 2(16), 2014; Ord. 3241 § 3, 2012).

A. Upon submission of a completed application, payment of license fees, and issuance of a temporary sexually oriented business performer license pursuant to CVMC 9.13.140, the Chief of Police shall immediately stamp the application “Received” and in conjunction with City staff, including members of the Police Department, shall promptly investigate the information contained in the application to determine whether the license applicant should be issued a sexually oriented business performer license.

B. Investigation shall not be grounds for the City to unilaterally delay in reviewing a completed application. The Chief of Police’s decision to grant or deny the adult business performer license shall be made within 30 City business days from the date the temporary license was issued and in no case shall the decision to grant or deny the license application be made after the expiration of the temporary license. In the event the Chief of Police is unable to complete the investigation within 30 City business days, he/she shall promptly notify the license applicant and extend the temporary license for up to 10 additional City business days. In no case shall the investigation exceed 40 City business days, nor shall the decision to grant or deny the license application be made after the expiration of the temporary license.

C. The Chief of Police shall render a written decision to grant or deny the license within the foregoing 30-City-business-day time period set forth in subsection (B) of this section. Said decision shall be mailed first class postage prepaid, hand delivered to the applicant, or emailed to the applicant (if the applicant approved email notification in his/her application), within the foregoing 30-City-business-day period or 40-City-business-day period if extended pursuant to subsection (B) of this section, at the address provided by the applicant in the application.

• D. The Chief of Police shall notify the applicant as follows:

  1. The Chief of Police shall write or stamp “Granted” or “Denied” on the application and date and sign such notation.

2. If the application is denied, the Chief of Police shall attach to the application a statement of the reasons for the denial. Such notice shall also provide that the license applicant may appeal the denial to the City Manager. The City Manager or a designated hearing officer shall conduct a hearing as described in CVMC 9.13.160(B).

3. If the application is granted, the Chief of Police shall attach to the application a sexually oriented business performer license.

4. The application, as acted upon, and the license, if any, shall be placed in the United States mail, first class postage prepaid, or hand delivered, addressed to the license applicant at the residence address stated in the application in accordance with the time frames established herein.

E. The Chief of Police shall grant the application and issue the license unless the application is denied based on one of the grounds set forth in subsection (F) of this section.

• F. The Chief of Police shall deny the application based on any of the following grounds:

  1. The license applicant has made false, misleading, or fraudulent statement of material fact in the application for a sexually oriented business performer license.

  2. The license applicant is under 18 years of age.

  3. The sexually oriented business performer license is to be used for performing in a business prohibited by laws of the state or City or a business that does not have a valid sexually oriented business regulatory license.

  4. The license applicant has pled guilty, nolo contendere or been convicted of a specified criminal activities.

G. Failure of the Chief of Police to render a decision on the license within the time frames established by this section shall be deemed to constitute an approval.

H. Each sexually oriented business performer license, other than the temporary license described in CVMC 9.13.140, shall expire one year from the date of issuance and may be renewed only by filing with the Chief of Police a written request for renewal, accompanied by a nonrefundable license renewal fee and a copy of the license to be renewed. The amount of such fees shall be as set forth in the master fee schedule of the City adopted by resolution of the City Council. If said application conforms to the previously approved application and there has been no change with respect to the license holder being convicted of any crime classified by this or any other state as a sex-related offense, the Chief of Police shall renew the license for one year. Any plea to or conviction of a sex-related offense requires the renewal application to be set for hearing before the Chief of Police in accordance with the provisions of this section. The request for renewal shall be made at least 30 days before the expiration date of the license. Applications for renewal shall be acted upon as provided herein for action upon applications for license. The Chief of Police’s denial of a renewal application is subject to the hearing provisions of CVMC 9.13.160.

I. A change of the present and/or proposed business address(es) and telephone number(s) of the establishments at which the applicant intends to work shall be allowed, upon approval of the Chief of Police and payment of the required fees as set forth in the master fee schedule of the City adopted by resolution of the City Council. (Ord. 3315 §§ 2(2), 2(17) – 2(19), 2014; Ord. 3241 § 3, 2012).

A. On determining that grounds for denial of a license, license revocation or suspension exist, the Chief of Police shall furnish written notice of the proposed action to the applicant/license holder. Such notice shall set forth the time and place of a hearing before the City Manager or a designated hearing officer and the ground or grounds upon which the hearing is based, the pertinent Chula Vista Municipal Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the applicant/license holder, or shall be delivered to the license holder personally, at least 10 days prior to the hearing date.

B. On determining that grounds for denial of a license exist, the Chief of Police shall furnish written notice of the proposed action to the applicant/license holder. The decision of the Chief of Police shall be appealable to the City Manager by filing a written request for a hearing with the City Clerk within 15 days following the day of mailing of the Chief of Police’s decision and paying the required fee(s) as set forth in the master fee schedule of the City adopted by resolution of the City Council. All such appeals shall be filed with the City Clerk and shall be public records. The City Manager shall issue a notice which shall set forth the time and place of a hearing before the City Manager or a designated hearing officer which is within 30 days from the date the appeal was filed and the ground or grounds upon which the hearing is based, the pertinent Chula Vista Municipal Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the applicant/license holder, or shall be delivered to the license holder personally, at least 10 days prior to the hearing date.

C. The applicant shall have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues and may be represented by counsel. The City Manager or designated hearing officer shall not be bound by the formal rules of evidence. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness at the request of the license holder. Extensions of time or continuances sought by a license holder/appellant shall not be considered delay on the part of the City or constitute failure by the City to provide for prompt decisions on license suspensions or revocations.

D. A license may be revoked, based on any of the following causes arising from the acts or omissions of the license holder:

1. The license holder has made any false, misleading, or fraudulent statement of material fact in the application for a performer license.

2. The license holder has pled guilty, nolo contendere or been convicted of a specified criminal activity.

3. Failure to comply with the requirements of this chapter.

E. After holding the hearing in accordance with the provisions of this section, if the City Manager or designated hearing officer finds and determines that there are grounds for revocation or suspension, the City Manager or designated hearing officer shall revoke or suspend the license. After holding the hearing in accordance with the provisions of this section on the denial of a license, the City Manager or designated hearing officer shall decide to sustain the decision, modify the decision or order the decision stricken and issue such order as the City Manager or designated hearing officer finds is supported by the entire record. The City Manager or designated hearing officer shall render a written decision that shall be hand delivered or overnight mailed to the applicant/license holder within four business days of the hearing. The City Manager or designated hearing officer’s failure to render such a decision within this time frame shall constitute an approval or reinstatement of the license.

F. In the event a license is revoked pursuant to this section, another sexually oriented business performer license shall not be granted to the license holder within 12 months after the date of such revocation.

G. The decision of the City Manager or designated hearing officer shall be final.

H. The time for a court challenge to a decision of the City Manager or designated hearing officer is governed by California Code of Civil Procedure Section 1094.8.

I. Notice of the City Manager’s or designated hearing officer’s decision and his/her findings shall include citation to California Code of Civil Procedure Section 1094.8.

J. Any applicant or license holder whose license has been denied, suspended, or revoked pursuant to this section shall be afforded prompt judicial review of that decision as provided by California Code of Civil Procedure Section 1094.8. (Ord. 3315 §§ 2(2), 2(20), 2014; Ord. 3241 § 3, 2012).

The Chief of Police shall provide each performer/adult cabaret dancer required to have a license pursuant to this chapter with an identification card containing the name, address, photograph, and license number of such performer/adult cabaret dancer. Every performer/adult cabaret dancer shall have such card available for inspection at all times during which he or she is on the premises of the sexually oriented business at which he or she performs. (Ord. 3241 § 3, 2012).

No sexually oriented business performer license may be sold, transferred, or assigned by any license holder or by operation of law, to any other person, group, partnership, corporation, or any other entity. Any such sale, transfer, or assignment, or attempted sale, transfer, or assignment, shall be deemed to constitute a voluntary surrender of the sexually oriented business performer license, and the license thereafter shall be null and void. (Ord. 3241 § 3, 2012).

A. Any license holder violating or causing the violation of any of these provisions regulating sexually oriented business performer licenses shall be subject to license revocation/suspension pursuant to CVMC 9.13.160, a fine of not more than $1,000 pursuant to Government Code Sections 36900 and 36901, and any and all other civil remedies. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.

B. In addition to the remedies set forth in CVMC 9.13.160, any violation of any of these provisions regulating sexually oriented business performer licenses is hereby declared to constitute a public nuisance and may be abated or enjoined.

C. The restrictions imposed pursuant to this section are part of a regulatory licensing process, and do not constitute a criminal offense. Notwithstanding any other provision of the Chula Vista Municipal Code, the City does not impose a criminal penalty for violations of the provisions of this chapter related to sexual conduct or activities. (Ord. 3241 § 3, 2012).

A. No individual who works as a nonperformer in a managerial position in a sexually oriented business shall be employed, hired, engaged, or otherwise retained in a sexually oriented business without first obtaining a sexually oriented business nonperformer license.

B. Individuals who wish to work as nonperformer managers in a sexually oriented business shall file a written, signed, and verified application or renewal application for a sexually oriented business nonperformer license on a form provided by the Chief of Police. Such application shall contain the following information:

1. The applicant’s legal name and all used aliases.

2. Date of birth.

3. Driver’s license or identification number and state of issuance or other state identification which confirms the name of the applicant.

4. The license applicant’s fingerprints on a Livescan form provided by the Chula Vista Police Department. The applicant shall pay the required fees for fingerprint processing, as set forth in the master fee schedule of the City adopted by resolution of the City Council. Fingerprints shall be taken within six months of the date of application.

5. Whether the applicant has pled guilty or pled nolo contendere or been convicted of a specified criminal activity.

6. The name and address of the sexually oriented business where the applicant proposes to work as a nonperformer in a managerial capacity.

C. The information provided in subsection (B) of this section which is personal, private, confidential or the disclosure of which could expose the applicant to the risk of harm will not be disclosed under the California Public Records Act. Such information includes, but is not limited to, the applicant’s mailing address, date of birth, age, driver’s license number and Social Security number. The City Council in adopting the application system set forth herein has determined in accordance with Government Code Section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this chapter by ensuring that the applicant’s privacy, confidentiality and/or security interests are protected. The City Clerk shall cause the above-mentioned information to be redacted from any copy of a completed application form made available to any member of the public.

D. The Chief of Police must be available during normal working hours Monday through Friday to accept sexually oriented business nonperformer applications. The Chief of Police shall determine if an application is complete within five business days. If the Chief of Police determines that the application is incomplete, the Chief of Police shall immediately inform the applicant of such fact and the reasons therefor, including any additional information necessary to render the application complete. Upon receipt of a completed sexually oriented business nonperformer application in which the applicant denies any conviction of a misdemeanor or felony constituting a specified criminal activity, the Chief of Police shall permit temporary employment of such applicant in a sexually oriented business that possesses a valid sexually oriented business regulatory license.

E. The completed application shall be accompanied by a nonrefundable application fee or nonrefundable license renewal fee. The amount of such fees shall be as set forth in the master fee schedule of the City adopted by resolution of the City Council. (Ord. 3315 §§ 2(2), 2(21), 2(22), 2014; Ord. 3241 § 3, 2012).

A. Upon submission of a completed sexually oriented business nonperformer license application by an individual who wishes to work in a managerial position in a sexually oriented business, the Chief of Police shall immediately stamp the application “Received” and in conjunction with City staff, including members of the Police Department, shall promptly investigate the information contained in the application to determine whether the provisions of CVMC 9.13.200 are satisfied.

B. Investigation shall not be grounds for the City to unilaterally delay in reviewing a completed application. The Chief of Police’s determination of any violation of CVMC 9.13.200 or the existence of any of the grounds set forth in subsection (F) of this section shall be made within 10 business days from the date the application is filed with the Chief of Police. In the event the Chief of Police is unable to complete the investigation within 10 business days, he/she shall promptly notify the applicant. In no case shall the investigation exceed 30 days.

C. The Chief of Police shall render a written decision to grant or deny the nonperformer license within the foregoing 10-day time period set forth in subsection (B) of this section. Said decision shall be mailed first class postage prepaid or hand delivered to the applicant, within the foregoing 10-day period, or 30-day period if extended pursuant to subsection (B) of this section, at the address provided by the applicant in the application.

Notice of such decision shall also be mailed first class postage prepaid or hand delivered to the owner or management of the sexually oriented business(es) identified on the applicant’s application.

• D. The Chief of Police shall grant the application for a nonperformer license unless one or more of the grounds set forth in subsection (E) of this section is satisfied.

• E. The Chief of Police shall deny the application of a nonperformer for a license to work in a managerial capacity at a sexually oriented business, or suspend or revoke an existing license, based on any of the following grounds:

  1. The applicant/license holder has made a false, misleading, or fraudulent statement of material fact in the application for a nonperformer license.

  2. The applicant is under 18 years of age.

  3. The sexually oriented business identified by the applicant is not authorized to operate as a business under the laws of the state or City and/or does not have a valid sexually oriented business regulatory license.

  4. The applicant has pled guilty, or pled nolo contendere or been convicted of a specified criminal activity.

  5. Failure to comply with the requirements of this chapter.

• F. The Chief of Police shall notify the applicant as follows:

  1. The Chief of Police shall write or stamp “Granted” or “Denied” on the application and date and sign such notation.

2. If the application for a nonperformer license is denied, the Chief of Police shall attach to the application a statement of the reasons for the denial. Such notice shall also provide that the applicant may appeal the denial to the City Manager. The City Manager or a designated hearing officer shall conduct a hearing as described in CVMC 9.13.220.

G. Failure of the Chief of Police to render a decision on the application within the time frames established by this section shall be deemed to constitute an approval of the nonperformer license.

H. Each sexually oriented business nonperformer license shall expire one year from the date of issuance and may be renewed only by filing with the Chief of Police a written request for renewal, accompanied by a nonrefundable license renewal fee and a copy of the license to be renewed. The amount of such fees shall be as set forth in the master fee schedule of the City adopted by resolution of the City Council. If said application conforms to the previously approved application and there has been no change with respect to the applicant having been convicted of any specified criminal activity, the Chief of Police shall renew the applicant’s nonperformer license for one year. The renewal application shall be made at least 30 days before the expiration date of the license. Applications for renewal shall be acted upon as provided herein for action upon an initial application for a nonperformer license. The Chief of Police’s denial of a renewal application is subject to the hearing provisions of CVMC 9.13.220.

I. A change of the name and address of the sexually oriented business where the applicant proposes to work as a nonperformer in a managerial capacity shall be allowed, upon approval of the Chief of Police and payment of the required fees as set forth in the master fee schedule in the City adopted by resolution of the City Council. (Ord. 3315 §§ 2(2), 2(23), 2(24), 2014; Ord. 3241 § 3, 2012).

A. On determining that grounds exist to deny an original or renewal application for a nonperformer license, or suspend or revoke an existing license, the Chief of Police shall furnish written notice of the proposed action to the applicant. Such notice shall set forth the time and place of a hearing before the City Manager or a designated hearing officer and the ground or grounds upon which the hearing is based, the pertinent Chula Vista Municipal Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the applicant, or shall be delivered to the applicant personally, at least 10 days prior to the hearing date.

B. The decision of the Chief of Police to deny, suspend or revoke a nonperformer license shall be appealable to the City Manager by filing a written request for a hearing with the City Clerk within 15 days following the day of mailing of the Chief of Police’s decision and paying the required fee(s) as set forth in the master fee schedule of the City adopted by resolution of the City Council. All such appeals shall be filed with the City Clerk and shall be public records. The City Manager shall issue a notice which shall set forth the time and place of a hearing before the City Manager or a designated hearing officer which is within 30 days from the date the appeal was filed and the ground or grounds upon which the hearing is based, the pertinent Chula Vista Municipal Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the applicant or shall be delivered to the applicant personally, at least 10 days prior to the hearing date.

C. The applicant shall have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues and may be represented by counsel. The City Manager or designated hearing officer shall not be bound by the formal rules of evidence. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness at the request of the applicant. Extensions of time or continuances sought by an applicant/appellant shall not be considered delay on the part of the City or constitute failure by the City to provide for prompt decisions on denial of a nonperformer license.

D. After holding the hearing in accordance with the provisions of this section, if the City Manager or designated hearing officer finds and determines that there are grounds to deny or revoke a nonperformer license, the City Manager or designated hearing officer shall deny or revoke the license. After holding the hearing in accordance with the provisions of this section on renewal of a nonperformer license, the City Manager or designated hearing officer shall decide to sustain the decision, modify the decision or order the decision stricken and issue such order as the City Manager or designated hearing officer finds is supported by the entire record. The City Manager or designated hearing officer shall render a written decision that shall be hand delivered or overnight mailed to the applicant and any sexually oriented business that the applicant has identified on his/her application within four working days of the hearing. The City Manager or designated hearing officer’s failure to render such a decision within this time frame shall constitute approved renewal of the applicant’s nonperformer license.

E. If an application is denied pursuant to this section, the applicant may reapply for managerial work with a sexually oriented business 12 months after the date of such denial.

F. The decision of the City Manager or designated hearing officer shall be final. (Ord. 3315 §§ 2(2), 2(25), 2014; Ord. 3241 § 3, 2012).

A. Any license holder violating or causing the violation of any of these provisions regulating sexually oriented business nonperformer licenses shall be subject to license revocation/suspension pursuant to CVMC 9.13.220, a fine of not more than $1,000 pursuant to Government Code Sections 36900 and 36901, and any and all other civil remedies. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.

B. In addition to the remedies set forth in CVMC 9.13.220, any violation of any of these provisions regulating sexually oriented business nonperformer licenses is hereby declared to constitute a public nuisance and may be abated or enjoined.

C. The restrictions imposed pursuant to this section are part of a regulatory licensing process, and do not constitute a criminal offense. Notwithstanding any other provision of the Chula Vista Municipal Code, the City does not impose a criminal penalty for violations of the provisions of this chapter related to sexual conduct or activities. (Ord. 3241 § 3, 2012).

This chapter and each section and provision of said chapter hereunder are hereby declared to be independent divisions and subdivisions and, notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provisions of said chapter, or the application thereof to any person or circumstance, is held to be invalid, the remaining sections or provisions and the application of such sections and provisions to any person or circumstances other than those to which it is held invalid shall not be affected thereby, and it is hereby declared that such sections and provisions would have been passed independently of such section or provision so known to be invalid. Should any procedural aspect of this chapter be invalidated, such invalidation shall not affect the enforceability of the substantive aspects of this chapter. (Ord. 3241 § 3, 2012).