Elk Grove Municipal Code Art. IV Adult-Oriented Business Employee Permits

A. No person shall engage in or participate in any live performance distinguished or characterized by the performance, showing or simulation of specified anatomical areas or involving specified sexual activities in an adult-oriented business without a valid adult-oriented business employee permit issued by the Chief of Police.

B. All employees of an adult-oriented business shall have a valid adult-oriented business employee permit issued by the Chief of Police.

C. Before any applicant may be issued an adult-oriented business employee permit, the applicant shall submit to the Chief of Police on a form to be provided by the City the following information:

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

2. Age, date, and place of birth;

3. Height, weight, hair and eye color;

4. Present residence address and telephone number;

5. Present business address and telephone number;

6. Date, issuing state and number of driver’s license or other identification card information, if applicable;

7. Social Security number; and

8. Satisfactory written proof that the individual is at least eighteen (18) years of age.

D. Attached to the application form shall be the following:

1. A color photograph of the applicant clearly showing the applicant’s face and the applicant’s fingerprints on a form provided by the Police Department. Any fees for the photographs and fingerprints shall be paid by the applicant.

2. A statement detailing the permit history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant previously obtained or is seeking to obtain an adult-oriented business employee permit in this City or any other county, city, state, or country, and whether such applicant has ever had a license, permit, or authorization to do business in an adult-oriented business denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name of the issuing or denying jurisdiction, and describe in full the reason for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.

3. A statement whether the applicant has been convicted within the past five (5) years, as of the date of submitting the application, of a specified criminal activity as defined in this chapter and, if so, the particular California statute section listed in the definition of specified criminal activity, and the date, place and jurisdiction of each conviction.

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

F. Every application for an adult-oriented business employee permit, whether for a new permit or for a renewal of an existing permit, shall be accompanied by a nonrefundable application, investigation and permit fee as set forth in the schedule of fees established from time to time by the City Council.

G. The fact that an applicant possesses other types of State, City or County permits or licenses does not exempt the applicant for the requirement of obtaining an adult-oriented business employee permit.

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

A. Upon receipt of an application for an adult-oriented business employee permit and the required nonrefundable application, investigation, and licensing fee, the Chief of Police shall issue a fifteen (15) day temporary permit to the applicant.

B. 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 five (5) business days of the date of receipt of the application that the application is not complete and the reasons therefor. The applicant shall have ten (10) 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.

C. Within fifteen (15) business days after the issuance of the temporary permit, the Chief of Police shall grant or deny the application and so 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 employee permit.

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 (C)(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. 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.

D. The Chief of Police shall grant the application unless it is determined by a preponderance of the evidence that any of the following findings is true:

1. That the applicant has been convicted of a specific 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.

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

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

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

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

E. The permit, 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 permit, the City Manager shall transmit to the permittee 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 permit 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 permit. Notwithstanding EGMC Section 4.10.085, the Chief of Police shall perform such investigation and examination of the applicant as he or she deems appropriate to determine 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 permit. The Chief of Police shall extend the term of the immediately preceding permit during the period of any investigation or examination required in order to determine whether the permit should be renewed. The Chief of Police shall act upon applications for permit renewal as provided herein for applications for initial permits.

F. The permit, if granted, shall state on its face the name of the person to whom it is granted, and the expiration date. The Chief of Police shall provide each person issued an adult-oriented business employee permit with an identification card containing the name, address, photograph, and permit number of the permit.

G. Both the permit and identification card shall be available for inspection at all times during which the permittee is on the premises of an adult-oriented business.

H. If the Chief of Police neither grants nor denies a completed application for which the filing fees have been paid, within fifteen (15) business days after its receipt, the applicant may begin employment at an adult-oriented business, 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 permit holder shall not transfer ownership or control of an adult-oriented business employee permit.

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