Part 9 — Figure Studios

For the purpose of this part certain words and phrases are defined and certain provisions shall be construed as herein set forth unless it is apparent from the context that a different meaning is intended.

(Added by Ord. 343, adopted 3-11-68)

Studio shall mean any premises on which there is conducted the business of furnishing models who pose for the purpose of being sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted in the nude by persons who pay a fee or other consideration or compensation or a gratuity, for the right or opportunity so to depict the model, or for admission to, or for permission to remain upon, or as a condition of remaining upon the premises. Studio shall also mean any premises where there is conducted the business of furnishing or providing or procuring for a fee or other consideration or compensation or gratuity, models to be sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted in the nude. (Added by Ord. 343, adopted 3-11-68)

Model means any person male or female who poses to be sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted. (Added by Ord. 343, adopted 3-11-68)

Nude shall include:

• (a) Completely without clothing.

• (b) With any pubic area exposed or with the pubic area covered in such a manner that the private parts are visible or the form thereof discernible.

• (c) With the breasts exposed by a female so that the nipples thereof are exposed. (Added by Ord. 343, adopted 3-11-68)

No person shall maintain, operate, conduct or carry on a studio without a permit therefor having been issued in accordance with the provisions of this article.

No permit shall be required for any studio which is operated by the University of California or any State College or public junior college nor if the issuing authority for the permit is furnished satisfactory evidence that the person operating or seeking to operate the studio has met the requirements established in Division 21 of the Education Code for the issuance or conferred of and is in fact authorized thereunder to issue and confer a diploma or honorary diploma. (Added by Ord. 343, adopted 3-11-68)

In addition to the requirements for an application as set forth in Section 6400 et seq. of this Code the applicant shall supply the following:

1. If the applicant is a corporation, the names of any person owning more than 20% of the stock.

2. If a partnership, the names of all partners.

3. If an association, the names of all members.

4. Such application shall be signed by those required to be named in the application.

No permit shall be issued except upon a finding by the Chief of Police that the studio is proposed to be operated for the purpose of providing facilities for use by persons pursuing a course of study including the artistic portrayal of the nude human form and by persons who engage in artistic portrayal as a means of livelihood.

(Added by Ord. 343, adopted 3-11-68)

No permit shall be issued to any person under 21 years of age nor to a corporation any of whose officers are under 21 years of age nor to any partnership, association or organization if a majority of the members thereof are under the age of 21 or if any of the managing partners or members are under the age of 21.

(Added by Ord. 343, adopted 3-11-68)

No person shall keep, conduct, maintain or operate any studio contrary to, or in violation of any of the following rules or regulations:

• (a) No female model under 18 years of age or male model under 18 years of age shall be permitted or allowed to pose nude on the premises.

• (b) No person under 18 years of age shall be admitted or allowed to remain upon the premises in which a model is posing in the nude.

• (c) No person other than those pursuing a course of study including the artistic portrayal of the nude human form or persons who engage in artistic portrayal as a means of livelihood shall be admitted to any portion of the premises where a person is posing in the nude.

• (d) No music or dancing shall be permitted on the premises.

• (e) No alcoholic liquor shall be possessed, sold or consumed on the premises.

• (f) The permittee shall not operate during any of the following hours: Before 10:00 a.m. and after 10 p.m. Monday through Saturday. Between the hours of 10:00 p.m. Saturday and 10:00 a.m. of the following Monday.

• (g) The interior of a studio shall not be visible from outside the premises.

• (h) Main entrance and exit doors shall remain unlocked during business hours.

• (i) Any room or area used for the purpose of modeling shall be readily accessible at all times and shall be open to view in its entirety for inspection by the permittee or any law enforcement officer.

• (j) When not engaged in modeling, models shall remain in an area set aside for their exclusive use and out of the view of patrons or prospective patrons.

• (k) All models employed by or using the facilities of a permittee for modeling, prior to engaging in such activities, shall report to the Chief of Police and fill out an application card, be fingerprinted and submit a current photo of a size required by the Chief. Models who have not been employed for more than 90 days shall be required to be refingerprinted prior to returning to said employment.

• (l) Permittee shall maintain a current file of all models employed by permittee or using permittee's premises. This file shall contain the true names and aliases used by the model, birth date, height, weight, color of hair and eyes, home address, telephone number and date of employment and termination. Inactive file cards shall be maintained on the premises for a period of six months.

• (m) Permittee shall not allow any person to function as a model who has committed or participated in any act violating laws pertaining to prostitution, laws involving moral turpitude or the use of or possession of narcotics.

• (n) There shall be no physical contact between any model and the patron while on the premises.

• (o) The permittee shall maintain a complete and current register of all patrons. The register shall contain such information as required by the Chief and shall include at least: date, time and duration of the appointment, complete and true name, age, address, telephone number, occupation, business address and if the patron is a student the name of the school attended and the art course in which registered.

Registration shall be kept of each appointment and registration shall be maintained without removal from the register.

• (p) No person shall be permitted to remain on the premises while under the influence of alcohol or drugs.

• (q) Communication devices shall not be installed or used in any manner so as to interfere with inspectors.

• (r) Equipment required by patrons shall not be provided by the studio except lighting or other props.

• (s) Permittee shall acquaint all employees and patrons with these rules and these rules shall be posted in a conspicuous place available to all employees and patrons.

• (Added by Ord. 343, adopted 3-11-68; amended by Ord. 971, adopted 1-11-94)

Each studio shall have separate dressing rooms for male and female models. Each dressing room shall be so arranged that when the door thereof is opened the interior shall not be visible from any place where patrons are allowed. Each dressing room shall have adequate sanitary facilities. (Added by Ord. 343, adopted 3-11-68)

In addition to grounds for revocation otherwise specified in this Code any permit issued under this part may be revoked for the violation of any of the provisions of Section 6585 and 6586 hereof.

(Added by Ord. 343, adopted 3-11-68)

Part 10 Swap Meets

Swap meet, as used in this part, shall mean:

• (a) A place or location which has been advertised by any means whatsoever as a place or location to which members of the public, during a specified period of time, may bring property and exhibit it for sale or exchange;

• (b) A fee or other consideration is payable to the operator or organizer of the event, either in the form of a charge for general admission to the place or location where the event is held or a charge to the exhibitor for the privilege of exhibiting property, or when the charge is a fixed amount or a percentage of all sales made or of the value of all property exchanged or consideration is payable to the operator or organizer in any other form or manner.

• (Added by Ord. 396, adopted 6-22-71)

No person shall hold, cause, or permit to be held a swap meet without a permit therefor having been issued in accordance with the provisions of Chapter 4 of this article. (Added by Ord. 396, adopted 6-22-71)

In addition to the requirements for applications set forth in said Chapter 4 of this article, the applicant shall supply the following:

• (a) The names of all partners, associates, agents, employees, or corporate relations; and

• (b) A signed statement that the applicant is familiar with and will comply with, the provisions of this part.

(Added by Ord. 396, adopted 6-22-71)

Every person operating or organizing a swap meet, or exhibiting, selling, or exchanging therein, first shall obtain a license therefor as provided in Section 6249 of Part 2 of Chapter 2 of this article; provided, however, in the event any person exhibiting, selling, or exchanging in such swap meet is operating or proposing to operate under a bona fide lease agreement of at least 30 days duration, and if such lease has no cancellation provision therein for a period of at least 30 days, then a license may be obtained under the provisions of Section 6255 of Part 2 of Chapter 2 of this article. Nothing contained herein shall exempt the obtaining of a license under Section 6251 of Part 2 of Chapter 2 of this article when said Section 6251 by its terms is applicable. No license shall be issued under this section unless and until a permit has been obtained as provided in this part.

(Added by Ord. 396, adopted 6-22-71; amended by Ord. 526, adopted 5-24-77)

§ 6594. NOTICES REQUIRED FROM EXHIBITORS, SELLERS, AND

EXCHANGERS.

Every person who desires to exhibit for sale or exchange property at a swap meet shall, before he is permitted to conduct such activity, furnish to the operator or organizer of the swap meet, or a person designated in advance by such owner or operator to receive such information, a written notice containing all of the following information:

• (a) The name and current address of the person who desires to exhibit property at the swap meet;

• (b) An accurate description, including any identifying manufacturer's or license number, of every item of identifiable, tangible property which such person will exhibit at the swap meet; and

• (c) The name and current address of the owner of every item of identifiable, tangible property which such person will exhibit at the swap meet.

(Added by Ord. 396, adopted 6-22-71)

Not less than 24 hours prior to the opening of the swap meet, the operator or organizer of the swap meet shall transmit the information required by Section 6594 of this part to the Chief of Police.

(Added by Ord. 396, adopted 6-22-71)

The information required by Section 6594 of this part shall be submitted on a form prescribed by the Chief of Police.

(Added by Ord. 396, adopted 6-22-71)

No person shall operate a swap meet between the hours of 9:00 p.m. and 7:00 a.m., except on Friday and Saturday nights, swap meets shall not be operated between the hours of 10:00 p.m. and 7:00 a.m.

(Added by Ord. 396, adopted 6-22-71; amended by Ord. 526, adopted 5-24-77)