Elk Grove Municipal Code Art. II Licenses and Permits

It shall be unlawful for any person to operate or conduct an adult-related business unless under and by authority of a valid, unexpired and unrevoked special business license issued pursuant to the provisions of EGMC Chapter 4.10 and this chapter.

(Ord. 7-2015 § 3 (Exh. A), eff. 5-8-2015)

A. Each adult-related business shall display the special business license in a conspicuous place within the establishment so that the same may be readily seen by persons entering the premises.

B. A person engaged in an out-call service and/or away from the adult-related establishment who is the licensee for such service shall have the license available for inspection at all times while providing out-call services.

(Ord. 7-2015 § 3 (Exh. A), eff. 5-8-2015)

A. In addition to the matters prescribed by EGMC Section 4.10.030, an application for an adult-related business special business license shall contain the following:

1. Legal name of the business;

2. Address and telephone number of the business;

3. The form of business under which the business will be operating (i.e., corporation, general or limited partnership, limited liability company, or other form);

4. Legal names of all owners of the business;

5. Residence addresses and telephone numbers for all owners of the business;

6. Business address and telephone number of all owners of the business;

7. The owner’s business, occupation, and employment history for the five (5) years preceding the date of the application; the inclusive dates of such employment history; and the name and address of any business owned or operated by the individual whether inside or outside the City;

8. For all owners, a copy of a valid and current driver’s license and/or identification issued by a State or Federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government;

9. For all owners, a signed statement that all of the information contained in the application is true and correct, that all owners shall be responsible for the conduct of the business’s employees, and acknowledgment that failure to comply with any local, State, or Federal law may result in suspension or revocation of the business’s special business license;

10. A list of each criminal conviction for each owner applicant. The list shall, for each such conviction, set forth the date of arrest, the offense charged and the offense for which the applicant was convicted.

B. Each owner of the adult-related business shall submit to a criminal history background check.

C. The Chief of Police may require the adult-related business in its application for a special business license, or for the renewal of a special business license, to provide relevant information to the activities of the business regulated by this chapter, and make reasonable investigations into the information so provided.

D. No application for a special business license shall be accepted within one (1) year after the same applicant’s application for a special business license or renewal has been denied, or a licensee’s special business license has been revoked or suspended.

E. For a period of one (1) year commencing as of the date the special business license was suspended and/or revoked, no adult-related business shall be established at a location where another adult-related business located at that location had its special business license suspended and/or revoked.

(Ord. 7-2015 § 3 (Exh. A), eff. 5-8-2015)

Notwithstanding EGMC Chapter 4.10, the Chief of Police may deny, revoke, restrict or suspend a special business license if an owner, employee, or other representative of the business or establishment has committed a violation of this chapter or of any other law.

(Ord. 7-2015 § 3 (Exh. A), eff. 5-8-2015)

For the purpose of enforcement of the requirements of this chapter, all owners of the adult-related business shall be responsible for the conduct of all persons employed by the adult-related business while on the premises of the adult-related establishment and while otherwise providing services on behalf of the adult-related business.

(Ord. 7-2015 § 3 (Exh. A), eff. 5-8-2015)

A. It shall be unlawful for any person to be employed or retained by an adult-related business without possessing a valid, unexpired and unrevoked employee permit issued pursuant to the provisions of EGMC Chapter 4.10 and this chapter.

B. It shall be unlawful for the owner and manager of any adult-related business to employ or retain a person unless such person possesses an employee permit issued by the City of Elk Grove.

C. Each employee of, and person retained by, an adult-related business shall have their employee permit available for inspection at all times during working hours when inside the adult-related establishment, and when providing out-call services for the adult-related business.

D. Independent contractors may be exempt from possessing an employee permit; provided, that such person possesses a valid, unexpired and unrevoked special business license pursuant to the provisions of EGMC Chapter 4.10 and this chapter.

(Ord. 7-2015 § 3 (Exh. A), eff. 5-8-2015)

In addition to the matters prescribed by EGMC Section 4.10.080, an application for an employee permit to provide adult-related services shall contain the following:

A. The applicant’s business, occupation and employment history for the five (5) years preceding the date of the application; the inclusive dates of such employment history; and the name and address of any business owned or operated by the applicant whether inside or outside the City.

B. A copy of a valid and current driver’s license and/or identification issued by a State or Federal governmental agency or other photographic identification bearing a bona fide seal by a foreign government.

C. A list of each criminal conviction of each owner applicant. The list shall, for each such conviction, set forth the date of arrest, the offense charged and the offense in which the applicant was convicted.

(Ord. 7-2015 § 3 (Exh. A), eff. 5-8-2015)

Upon receipt of an application for an employee permit for an adult-related business, the Chief of Police shall conduct such investigation pursuant to EGMC Section 4.10.085 as is deemed necessary. The Chief of Police shall issue the permit unless he or she finds pursuant to EGMC Section 4.10.090 any of the following:

A. That the application fails to contain information required by the Chief of Police or EGMC Section 4.30.130, or is otherwise incomplete;

B. That information contained in the application is false or otherwise inaccurate;

C. That the applicant has been convicted of a crime and the time for appeal has elapsed, or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under Section 1203.4 of the California Penal Code; or has done any act involving dishonesty, fraud or deceit with intent to substantially benefit himself or herself, or another, or substantially injure another; and the Chief of Police concludes that by reason of the crime or act there is a substantial risk that the applicant would not perform his or her duties in a law-abiding manner or in a manner which would not subject patrons to risk of harm or criminal, deceitful or otherwise unethical practices.

Notwithstanding the foregoing, an application shall not be denied solely on the basis that a person has been convicted of a felony if the person has obtained a certificate of rehabilitation under Section 4852.01 et seq. of the California Penal Code, or that the person has been convicted of a misdemeanor if the person has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering the denial of a license under Section 482(a) of the California Penal Code.

(Ord. 7-2015 § 3 (Exh. A), eff. 5-8-2015)

In addition to any other grounds for suspension and revocation set forth in this title, an employee permit may be revoked or suspended pursuant to EGMC Section 4.10.140 upon any of the following grounds:

A. Violation of any of the duties, requirements or prohibitions set forth in the Elk Grove Municipal Code or other applicable law;

B. Misrepresentation of a material fact contained in the application for the permit; or

C. That since issuance or renewal of the permit the Chief of Police has acquired information supporting a finding prescribed by EGMC Section 4.30.135 in relation to the holder of the permit.

(Ord. 7-2015 § 3 (Exh. A), eff. 5-8-2015)

All provisions of this chapter shall be deemed enforceable from the effective date of the ordinance codified in this chapter.

(Ord. 7-2015 § 3 (Exh. A), eff. 5-8-2015)