Fullerton Municipal Code Ch. 3.10 Figure Model Studios

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

FIGURE MODEL STUDIO.

(1) Any premises where there is conducted the business of furnishing, providing or procuring figure models who pose for the purpose of being observed or viewed by any person or being sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted in the nude or seminude before persons who pay a fee, or other consideration, compensation or gratuity, for the right or opportunity to so depict a figure model, or for admission to, or for permission to remain upon or as a condition of remaining upon, the premises.

(2) FIGURE MODEL STUDIO does not include:

(a) Any studio which is operated by any state college, or public junior college or school wherein the person operating it has met the requirements as approved by the State Department of Education for the issuance or conferring and is in fact authorized thereunder to issue and confer a diploma or honorary diploma;

(b) Any studio which is a part of an institution receiving financial support in whole or in part, through contributions of the federal or any state, county or city governments;

(c) Any premises where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in divisions (1) and (2) of this definition; or

(d) Any premises required to be licensed pursuant to Chapter 3.08 of this code.

FIGURE MODELS. Any person, male or female, who poses to be observed, viewed, sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted.

NUDE or SEMINUDE.

(1) Completely without clothing or covering;

(2) With partial clothing or covering with any pubic area exposed or with any portion of the crease of the buttocks exposed;

(3) The exposing of any portion of either breast below a straight line so drawn that both nipples and all portions of both breasts which have a different pigmentation than that of a main portion of a breast are below such a straight line; or

(4) The wearing of any type of clothing so that those portions of the anatomy described in divisions (2) and (3) of this definition may be observed.

PERSON. Any natural person, firm, partnership, corporation or association.

(Ord. 2074, passed - -1975; Ord. 2784, passed - -1991)

(A) No person shall operate a figure model studio without first having obtained a written permit from the Chief of Police.

(B) No person shall do or allow others to do any of the acts which are the subject of this chapter except pursuant to a permit issued in accordance with this chapter and at the place of business or establishment set forth in said permit.

(Ord. 2074, passed - -1975; Ord. 2110, passed - -1976)

(A) An application for a figure model studio permit shall be filed with the Chief of Police and shall be in writing on forms provided by the city, and shall be accompanied by payment of fee as provided for herein with the moneys paid to the City Treasurer.

(B) Any such application shall be under oath, in duplicate, and shall contain such information pertinent to the applicant and the business as the city may require.

(Ord. 2074, passed - -1975)

A figure model studio permit shall not be issued to any person under 21 years of age or to a partnership, association or corporation, any officer or manager of which is under 21 years of age.

(Ord. 2074, passed - -1975)

The Chief of Police shall refer all applications to the Fire Chief, Director of Development Services and Health Officer, to ascertain if the issuance of such permit would be harmful to the public peace, health, safety, morals and general welfare of the city and its inhabitants.

(A) The Police Chief shall investigate and shall ascertain whether or not the applicant and all persons directly or indirectly interested in the permit or proposed business as owner, partners, officers, manager, employees or other persons to be in charge of the premises are reputed to be persons of good moral character. He or she shall also ascertain whether or not any of such persons have been convicted of a felony or any crime involving fraud, embezzlement or moral turpitude, including all offenses listed in Cal. Penal Code § 290, any subsection of §§ 311 through 311.12, §§ 314 through 318 or 647(a), (b), (c) or (d), or any offenses involving prostitution, lewd conduct or offenses resulting from a reduction of the aforementioned offenses, or whether such person shall have had a license or permit for a similar business or a liquor license suspended, canceled or revoked. The Police Chief shall cause fingerprints and photos to be taken of the applicant, manager and all employees.

(B) (1) The Fire Chief, Director of Development Services and Health Officer, within the jurisdiction and duties of their particular department, shall ascertain whether or not the premises to be used are suitable, proper and adequate, and comply with applicable laws, ordinances and regulations concerning such premises, and the activities to be conducted thereon.

(2) The aforesaid investigating officers shall include in their respective reports any information they may have regarding the character and reputation of the applicant, manager, employees or other person to be in charge of the premises, or the person owning the business.

(3) If any of said investigating officers should find, after investigation on his or her part, as herein provided, that the premises do not comply with law, or such use of the premises would result in a violation of the law, he or she shall recommend that the application be denied and set forth the grounds and details for such recommendation.

(C) The aforesaid investigating officers shall file with the Chief of Police their reports in writing, stating the extent of their investigation, sources of information, particulars of objections and their recommendations.

(Ord. 2074, passed - -1975)

Within 45 days after the filing of an application for a permit, the Chief of Police shall review the application, together with the recommendations of the Fire Chief, Director of Development Services and Health Officer, and shall either grant said permit or shall notify the applicant that he or she proposes to deny the permit. For the purpose of permitting the applicant to correct minor defects, on request of the applicant and his or her assurance that the matters objected to will be corrected or for such other reasons as the Chief of Police shall deem to constitute good cause, the Chief of Police may extend the time within which he or she is otherwise required to act on the permit application for a period not to exceed 30 days. In event of denial, the applicant may appeal to the City Manager.

(Ord. 2074, passed - -1975)

The Chief of Police in issuing permits shall strictly limit such permit to the terms of the application and to such other terms or conditions as the City Manager may specify.

(Ord. 2074, passed - -1975)

Upon the sale or transfer of any interest in a figure model studio the permit shall be null and void and a new application shall be made by any person acquiring such interest in the figure model studio.

(Ord. 2074, passed - -1975)

At the time of filing an application for a permit, or renewal thereof, the applicant shall pay a fee in accordance with the following to the City Treasurer’s office:

(A) For each initial permit, the sum of $50, plus $50 for each person, other than an individual applicant, to be employed by the figure model studio; and

(B) For each renewal permit, the sum of $35, plus $35 for each person, other than an individual applicant, to be employed by the figure model studio.

(Ord. 2074, passed - -1975)

Nothing in this chapter shall constitute a waiver of the requirements for the issuance and possession of a business license.

(Ord. 2074, passed - -1975)

(A) Subject to revocation or suspension, the permit shall expire on that date set forth as the expiration date on the permittee’s business license. The permit may thereafter be renewed on an annual basis provided that the expiration date shall continue to be the same date as that upon which the permittee’s then current business license expires.

(B) Applications for renewal shall be subject to all provisions of the ordinance codified in this chapter.

(Ord. 2074, passed - -1975)

(A) Any permit issued hereunder may be summarily and temporarily suspended by the Police Chief in the event it is determined that the holder of such permit has violated or permitted to be violated any of the general regulations set forth in this chapter, or violated, or permitted on the premises the infraction of any law of the state, the violation of which constitutes grounds for denial or revocation. Such suspension shall be accomplished by posting a notice thereof on the premises.

(B) Within 24 hours thereafter, a copy of such notice, together with the reasons for the suspension, shall be transmitted to the City Manager. The City Manager shall, within ten days after the suspension, hear the matter.

(Ord. 2074, passed - -1975)

(A) Any permit may be suspended for a period up to 90 days following notice of suspension, or revoked by the City Manager upon a determination that the holder of such permit has violated any of the general regulations set forth in this chapter, or violated or permitted on the premises the infraction of any law of the state, the violation of which constitutes grounds for denial, suspension or revocation.

(B) Prior to such suspension or revocation, the City Manager shall have held a hearing.

(Ord. 2074, passed - -1975)

Upon revocation or suspension, the permit shall be returned to the Chief of Police for cancellation or holding pending the period of suspension. The Chief of Police may direct or cause the premises to be closed and locked against use by the public when deemed reasonably necessary by the Chief of Police in order to ensure compliance with an order of suspension or revocation. Said closure of premises to the public shall not exceed 90 days and may be terminated prior to the expiration of such period upon request of the owner of the premises accompanied by a statement or other evidence that the premises will not be used as a figure model studio during the remainder of the aforementioned 90-day period.

(Ord. 2074, passed - -1975)

The City Manager, or his or her delegate, shall cause a hearing to be held in event of the following:

(A) Upon the appeal of an applicant from the decision of the Chief of Police to deny the granting of a permit or the renewal thereof. Said appeal must be filed within 30 days following the date of the notice of denial of the Chief of Police; and

(B) Upon the summary suspension of a permit pursuant to § 3.10.021 or upon a determination to initiate suspension or revocation pursuant to § 3.10.022.

(Ord. 2074, passed - -1975)

(A) The City Manager shall fix the time and place of hearing to be held within 15 days following the filing of an appeal or the notice of suspension or revocation. The applicant shall be given notice of such hearing date at least ten days prior to the hearing date. Said notice may be by personal service or mail.

(B) At the time and place fixed in said notice, or at any time to which the matter may be continued, the City Manager or his or her delegate shall hear the applicant and his or her witnesses together with any rebuttal evidence which may be offered on behalf of the city.

(C) If, from the evidence introduced at said hearing, the City Manager finds grounds exist for denial, suspension or revocation of the permit as set forth in § 3.10.026, he or she shall deny the permit application or order the suspension or revocation thereof.

(D) If, following the hearing, the City Manager determines that no proper grounds exist for denial of the permit, then the City Manager shall grant the appeal and cause a permit to be issued or terminate any prior suspension or revocation. The City Manager shall notify the applicant or permit holder within ten days following the close of such hearing of his or her decision.

(Ord. 2074, passed - -1975)

The City Manager shall deny, suspend or revoke a permit upon a finding that the applicant or permittee is not of good moral character or that the premises and conduct of activities thereon is harmful to the public health, public peace, safety, morals or general welfare. Anyone convicted of an offense involving fraud, embezzlement or moral turpitude, including, but not limited to, all offenses listed in Cal. Penal Code § 290, any subsection of §§ 311 through 311.12, §§ 314 through 318 or § 647(a), (b), (c) or (d), or any offenses involving prostitution, lewd conduct or any offense resulting from a reduction of the aforementioned offenses shall be deemed not to be of good moral character for the purposes of this section. The City Manager may suspend or revoke any permit upon a finding that the permittee has violated any of the general regulations for the conduct of figure model studios as set forth herein.

(Ord. 2074, passed - -1975)

An appeal may be taken to the City Council of the city by any person aggrieved by an order of the City Manager concerning the denial, suspension or revocation of a permit. Said right of appeal is subject to the conditions and procedures in §§ 3.10.028 through 3.10.030.

(Ord. 2074, passed - -1975)

An appeal to the City Council shall be made by filing a petition in triplicate with the City Clerk not later than ten days from the decision of the City Manager or the mailing thereof, whichever is later. The petition shall set forth the grounds of appeal and the reasons why such appeal should be granted. Upon receipt of the petition the City Clerk shall immediately forward a copy to the City Manager and within ten days following the filing of appeal, the petition shall be placed on the agenda of the City Council. If the City Council will not have held a meeting within the aforesaid ten-day period, then the petition shall be received by the City Council at its next regular scheduled meeting. Upon receipt of the petition, the City Council shall set the matter for hearing and give the appellant notice of the time and place for said hearing. Said notice shall be given in person or by mail not later than ten days prior to the hearing. The hearing shall be held not later than 15 days following receipt of the petition by the City Council.

(Ord. 2074, passed - -1975)

(A) In considering and ruling upon the appeal of the appellant, the City Council shall judge the merits of the appeal based upon those grounds set forth in § 3.10.026.

(B) The City Council may reverse, or affirm wholly or partly, or may modify any decision, determination or requirement of the City Manager, and may make such decisions or determinations or impose such conditions as the facts warrant, and may order that a permit be granted, suspended or revoked in accordance with their ruling. The decisions of the City Council shall be final. Any hearing may be continued from time-to-time.

(Ord. 2074, passed - -1975)

The filing of an appeal to the City Council stays all proceedings in furtherance of the action appealed from until the determination of the appeal as provided in this chapter.

(Ord. 2074, passed - -1975)

Every person holding a permit issued under this chapter shall keep the same posted in a conspicuous place upon the licensed premises and in open and clear view.

(Ord. 2074, passed - -1975)

A figure model studio permit issued pursuant to this chapter does not permit any entertainment by a figure model, as defined in Chapter 3.08 of this code.

(Ord. 2074, passed - -1975)

No person shall conduct or operate a figure model studio between the hours of 10:00 p.m. and 10:00 a.m. of the following day.

(Ord. 2074, passed - -1975)

A person operating a figure model studio shall not permit conditions to exist wherein the interior of said figure model studio shall be visible from the outside of the premises.

(Ord. 2074, passed - -1975)

A person operating a figure model studio shall be responsible for and shall provide that any room or area used for the purpose of figure modeling shall be readily accessible at all times and shall be open to view in its entirety for inspection by a law enforcement officer.

(Ord. 2074, passed - -1975)

A person operating a figure model studio shall maintain a current file of all figure models employed by him or her, or using the premises. This file shall contain true names and aliases used by the figure model, age, birth date, height, weight, color of hair and eyes, home address, phone numbers, Social Security number and the date of employment and termination. Inactive file cards shall be maintained on the premises for a period of one year following termination. Such person shall make all records immediately available upon demand of any law enforcement officer.

(Ord. 2074, passed - -1975)

A person operating a figure model studio shall not permit communication devices to be installed or used in any manner on the premises so as to interfere with or hinder inspections by law enforcement officers.

(Ord. 2074, passed - -1975)

A person operating a figure model studio shall post and continually keep posted a copy of the ordinances codified in this chapter at a conspicuous place inside the premises.

(Ord. 2074, passed - -1975)

The permittee or a manager previously approved in connection with issuance of the permit required in this chapter shall be present on the premises at all times when the establishment is in operation.

(Ord. 2074, passed - -1975)

(A) If any section, division, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.

(B) The City Council declares that it would have passed the ordinance codified in this chapter, and each section, division, sentence, clause and phrase thereof, irrespective of the fact that any one or more of the sections, divisions, sentences, clauses or phrases thereof be declared invalid or unconstitutional.

(Ord. 2074, passed - -1975)

Any violation of this chapter is a misdemeanor.

(Ord. 2825, passed - -1992)