Elk Grove Municipal Code Art. III Adult-Oriented Business Licenses

Every person who proposes to maintain, operate, conduct, or establish an adult-oriented business in the City shall file an application with the Chief of Police on a form provided by the City and shall pay a nonrefundable application, investigation, and licensing fee set forth in the schedule of fees established from time to time by the City Council.

A. All applicants must be qualified according to the provisions of this chapter. The application may request and the applicant shall provide such information, including fingerprints, as to enable the Chief of Police to determine whether each applicant meets the qualifications established in this chapter.

B. If a person who wishes to operate an adult-oriented business is an individual, the person must sign the application. If a person who wishes to operate an adult-oriented business is other than an individual, each individual who has a twenty (20%) percent or greater ownership interest in the adult-oriented business must sign the application. Each applicant must be qualified under this chapter and each applicant shall be considered a licensee if a license is granted.

C. The completed application for an adult-oriented business license shall contain the following information and shall be accompanied by the following documents:

1. If the applicant is:

a. An individual, the individual shall state his or her legal name and any aliases and submit proof that he/she is at least eighteen (18) years of age;

b. A partnership, the partnership shall state its complete name, address, e-mail address, if any, and the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any;

c. A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, and the name of the registered corporate agent and the address of the registered office for service of process.

If the applicant is a partnership or corporation, each partner of the partnership or each shareholder of the corporation with twenty (20%) percent or more share of the corporation shall be deemed an individual applicant and must each be qualified under this chapter.

2. If the applicant intends to operate the adult-oriented business under a name other than that of the applicant, the applicant shall register the fictitious name of the adult-oriented business with the appropriate governmental entity and show written proof of registration of the fictitious name.

3. Whether the applicant has been convicted of a specified criminal activity and, if so, the particular California statute section listed in the definition of specified criminal activity, the date, place, and jurisdiction of each.

4. Whether the applicant has ever had a license previously issued under this chapter or its predecessor, or other similar adult-oriented business ordinances from another city or county, denied, suspended or revoked, including the name and location of the adult-oriented business for which the license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant has been a partner in a partnership or an officer, director or majority stockholder of a corporation that is licensed under this chapter, or its predecessor, whose license has previously been denied, suspended or revoked, including the name and location of the adult-oriented business for which the license was denied, suspended or revoked as well as the date of denial, suspension or revocation.

5. Whether the applicant holds any other licenses under this chapter, or its predecessor, or other similar adult-oriented business ordinance from another city or county, and, if so, the names and locations of such other licensed businesses.

6. The particular adult-oriented business for which the applicant is applying. An applicant must apply separately for each adult-oriented business to be operated, owned, managed, or controlled by the applicant.

7. The address to which notice of action on the application is to be mailed.

8. The location of the adult-oriented business, including a legal description of the property, street address, and telephone number(s), if any.

9. The applicant’s mailing address, residential address, and e-mail address, if any.

10. A recent photograph of the individual applicant.

11. The applicant’s driver’s license number, Social Security number, and, for partnerships or corporation applicants, the applicant’s State or Federally issued tax identification number to the extent the applicant has been issued these items.

12. The names of all employees, independent contractors, and other persons who will work, be employed or perform at the adult-oriented business, who are required by this chapter to obtain an adult-oriented business employee permit.

13. A sketch or diagram showing interior configuration of the premises, including a statement of the total floor area occupied by the adult-oriented business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6") inches.

14. A certificate and straight-line drawing, prepared within thirty (30) days prior to application, depicting, without regard to intervening structures or objects, the distance from the closest exterior wall of the building or structure in which the adult-oriented business is located, to the boundary of the property on which is located a building, structure or use, or portion of the building, structure or use, described in, and within the distance specified in, EGMC Section 23.70.040.

15. A diagram of the off-street parking areas and premises entries of the adult-oriented business and showing the location of the lighting system.

D. Every application for a license under this chapter shall be verified as provided in Section 128.7 of the California Code of Civil Procedure for the verification of pleadings.

E. The fact that an applicant possesses other types of State, City or County permits or licenses does not exempt the applicant from the requirement of obtaining an adult-oriented business license.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

A. The Chief of Police shall determine whether the application contains all of the information required by the provisions of this chapter. If it is determined that the application is not complete, the applicant shall be notified in writing within ten (10) business days of the date of receipt of the application that the application is not complete and the reasons therefor. The applicant shall have thirty (30) days from the date of the notice to submit additional information to render the application complete. The applicant’s failure to submit the additional information within this time period renders the application null and void. Within five (5) business days following the receipt of a supplemental or amended application, the Chief of Police shall again determine whether the application is complete. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. Once the application is found to be complete, the applicant shall be notified within five (5) business days of that fact. If an applicant submits two (2) consecutive incomplete applications, the applicant shall be notified in writing that a new application must be filed with the Chief of Police as set forth herein.

B. Within three (3) business days after the Chief of Police determines that the application is complete and the required nonrefundable application fee has been submitted, the Chief of Police shall issue a temporary license to the applicant, which shall be valid for the time period during which the license application is being processed, which time period shall not exceed thirty (30) business days from the date the application has been deemed complete. A temporary license issued pursuant to this subsection shall not grant any vested rights on the holder of the temporary license.

C. Within five (5) business days after receipt of a completed application and the required filing fee, the Chief of Police shall transmit copies of the application and its attachments to appropriate City departments.

D. Within thirty (30) business days after receipt of a completed application and the required filing fee, the Chief of Police shall complete the investigation, grant or deny the application in accordance with the provisions of this chapter, and shall notify the applicant as follows:

1. If the application is approved, the Chief of Police will write or stamp “Granted” on the application and date and sign such notation. The Chief of Police shall attach to the application an adult-oriented business license.

2. If the application is denied, the Chief of Police will write or stamp “Denied” on the application and date and sign such notation. The Chief of Police shall attach to the application a statement of the reasons for denial.

3. The documents specified in subsections (D)(1) and (2) of this section shall be placed in the mail, first class postage prepaid, addressed to the applicant at the address specified in the application for receipt of the determination under this chapter. All notices given hereunder shall be deemed given upon the date they are deposited in the mail or the date upon which personal service is provided.

E. The Chief of Police shall approve the issuance of a license to an applicant, unless it is determined by a preponderance of the evidence that any of the following findings is true:

1. That the operation as proposed by the applicant, if permitted, will not comply with all applicable laws, including, but not limited to, the locational requirement set forth in the City’s Zoning Code, the provisions of this chapter, and the building, health, housing and fire codes of the City;

2. That the applicant has been convicted of a specified criminal activity, except the Chief of Police shall issue a permit to any person convicted of any of the crimes described above if the person is otherwise qualified for a permit and the longest of the following time periods has passed:

a. Five (5) years from date of the conviction; or

b. Five (5) years from release from confinement; or

c. Five (5) years from formal release from probation period; or

d. Five (5) years from formal release from parole;

3. That the applicant has knowingly made a material misrepresentation in the application;

4. That the applicant or any operator has had a license for an adult-oriented business revoked for cause by this City or any other city or county within the last five (5) years except as provided in this chapter;

5. That the applicant is not at least eighteen (18) years of age;

6. That the applicant has not paid the required fee.

F. The license, if granted, shall expire one (1) year from the date of issuance. Not later than forty-five (45) days prior to expiration of the term of the immediately preceding license, the City Manager shall transmit to the licensee by mail an application for renewal. The application for renewal shall be in such form and include such information as is prescribed and required by the Chief of Police, but shall include a renewal form provided by the City, the required fee, and a copy of the license to be renewed. The sole purpose of the renewal application is to update the information provided by the applicant on the initial application.

The application for renewal shall be filed with the City Manager not later than the date of expiration of the term of the immediately preceding license. Notwithstanding EGMC Section 4.10.060, the Chief of Police shall perform such investigation and examination of the applicant as he or she deems appropriate to determine whether the standards for renewal are satisfied. In considering such renewal, the Chief of Police shall use the same standards as used for issuance of an initial license. The Chief of Police shall extend the term of the immediately preceding license during the period of any investigation or examination required in order to determine whether the license should be renewed. The Chief of Police shall act upon applications for license renewal as provided herein for applications for initial licenses.

G. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the adult-oriented business and the single classification of adult-oriented business as set forth herein, for which the license is issued.

H. All licenses shall be posted in a conspicuous place at or near the entrance to the adult-oriented business so that they may be easily read at any time by all persons entering the adult-oriented business.

I. Within thirty (30) days of any change in the information originally submitted with the license application, all licensees shall provide the Chief of Police with a written statement supplementing or amending the information required by this chapter. Failure to submit such changes shall be grounds for suspension of the adult-oriented business license.

J. Within thirty (30) days of any change in employee hiring or status, all licensees shall provide the Chief of Police with a written statement supplementing or amending the information required by this chapter. Failure to submit such changes shall be grounds for suspension of the adult-oriented business license.

K. If the Chief of Police neither grants nor denies a completed application for which the filing fees have been paid, within thirty (30) business days after its receipt the applicant may begin operating the adult-oriented business for the single classification of adult-oriented business as set forth herein, for which the license was sought, subject to strict compliance with the provisions of this chapter for a period of twelve (12) months subject to the renewal provisions as set forth in this chapter. Notwithstanding the foregoing, nothing shall prevent the Chief of Police from either granting or denying a completed application pursuant to the terms of this chapter even if more than thirty (30) days have elapsed since the receipt of a completed application.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)

A. It is a violation of this chapter for a licensee to operate an adult-oriented business under the authority of an adult-oriented business license at any place other than the address of the adult-oriented business stated in the application upon which the license was issued.

B. It is a violation of this chapter for a licensee to transfer ownership or control of an adult-oriented business license to another person unless and until the transferee first obtains a written amendment to the license from the Chief of Police in accordance with and subject to the application and fee requirements set forth in this chapter.

C. It is a violation of this chapter for a licensee to transfer an adult-oriented business license when the Chief of Police has notified the licensee that the license has been suspended or revoked or that such action is pending.

D. Any attempt to transfer a license either directly or indirectly in violation of this chapter is void, and the license shall be deemed revoked.

(Ord. 41-2005 § 3, eff. 1-14-2006; Ord. 7-2009 § 3, eff. 5-1-2009)