Grand Terrace Municipal Code Ch. 5.88 Adult Business Manager and Performer License

It is the purpose and intent of this Chapter to regulate the operations of adult businesses, which tend to have widely and judicially recognized adverse secondary effects on the community and the public, including, but not limited to, increases in crime in the vicinity of adult businesses; decreases in property values in the vicinity of adult businesses; increases in vacancies in residential and commercial areas in the vicinity of adult businesses; interference with residential property owners' enjoyment of their properties when such properties are located in the vicinity of adult businesses as a result of increases in crime, litter, noise, and vandalism; and the deterioration of neighborhoods adjacent to adult businesses. Special regulation of these businesses is necessary to prevent these adverse secondary effects and the blighting or degradation of the neighborhoods in the vicinity of adult businesses while at the same time protecting the First Amendment rights of those individuals who desire to own, operate or patronize adult businesses.

(Ord. No. 269, § 5, 8-13-2013)

The definitions contained in Section 5.84.020 of Chapter 5.84 of the Grand Terrace Municipal Code shall apply, including the following definitions, which are reprinted here for convenient reference:

A. "Adult live entertainment" shall mean any physical human body activity, whether performed or engaged in, alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which: (1) the performer or adult cabaret dancer exposes to public view, without opaque covering, "specified anatomical areas"; and/or (2) the performance or physical human body activity that depicts, describes, or relates to "specified sexual activities" whether or not the "specified anatomical areas" are covered.

B. "Adult modeling/photography studio" shall mean a business establishment where a live person who appears seminude, in a state of nudity, or who displays specified anatomical areas is provided to be observed, sketched, drawn, photographed, filmed, painted, sculpted, or otherwise similarly depicted by other persons, whether or not paying for such services. "Adult modeling studio" does not include schools maintained pursuant to standards set by the Board of Education of the State of California, or that of an individual artist studio established solely for conduct of the artist.

C. "Licensee" or "license holder" shall mean a person in whose name a license to operate an adult business has been issued, as well as the person listed as an applicant on an application for a license; and in the case of a performer or manager, a person in whose name a performer or manager's license has been issued authorizing employment in an adult oriented business.

D. "Manager" shall mean any person designated by the owner or operator of an adult oriented business to be responsible for the operation of such business at a particular location at a particular time.

E. "Performer" shall mean a person who is an employee or independent contractor of an adult business or any other person who, with or without any compensation or other form of consideration, provides adult-live entertainment or models for patrons of an "adult business".

F. "Specified criminal activity" shall mean any of the following offenses:

1. Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance involving a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; distribution of a controlled substance; state penal code; or any similar offenses to those described in this Subsection under the criminal or penal code of other states or countries;

2. For which:

a. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is for a misdemeanor offense;

b. Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

c. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.

3. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.

(Ord. No. 269, § 5, 8-13-2013)

The provisions of this Chapter regulating adult business managers and performers are not intended to be exclusive, and compliance therewith shall not excuse non-compliance with any other provisions of the Grand Terrace Municipal Code and/or any other regulations pertaining to the operation of businesses as adopted by the City Council.

(Ord. No. 269, § 5, 8-13-2013)

A. It shall be unlawful for any person to manage or perform within any adult business within the City of Grand Terrace unless the person first obtains, and continues to maintain in full force and effect, an adult business manager or performer license as provided in this Chapter.

B. It shall be unlawful for any person to perform any work, service or entertainment directly related to the operation of an unlicensed adult business.

C. It shall be prima facie evidence that any person who conducts any business, service or performs in an adult oriented business had knowledge that such business was not licensed if the adult oriented business regulatory license is not posted in the manner required herein.

(Ord. No. 269, § 5, 8-13-2013)

A. Every manager or performer of an adult business shall pay a license fee or license renewal fee as determined by resolution of the City Council, as provided in Chapter 5.04 of this Title.

B. No application shall be processed without the required application fee paid in full at the time of application submission.

(Ord. No. 269, § 5, 8-13-2013)

A. All applications for a manager or performer license related to an adult business shall be made with the Grand Terrace Community Development Department.

B. No application for a manager or performer license shall be accepted by the Community Development Department prior to licensing of the adult business for which the manager or performer license is applicable.

C. At the time of application for an adult business manager or performer license, the license applicant shall obtain a "Request for Live Scan Service" form or similar form from the Community Development Department and shall have live scan fingerprinting conducted by an authorized live scan service. The license applicant shall bear all costs associated with the completion of a California Department of Justice and Federal Bureau of Investigation background check, and shall be responsible for providing proof of payment and processing of such form, before the time shall run for the processing by the City of the application for an adult business manager or performer license.

D. All completed applications for a manager or performer license related to an adult oriented business shall provide the following information:

1. The applicant's legal name, any aliases, mailing address for receipt of notices, home address, home and office telephone numbers, occupation, date and place of birth, driver's license number, Social Security Number and State issued tax identification number;

2. Written proof that the applicant is at least 18 years of age;

3. Identify whether the application is for a manager or performer license;

4. If the license applicant intends to utilize a stage name other than that shown on the application, the stage name shall be written on the application;

5. Whether the applicant has been convicted of a specified criminal activity as defined in this Chapter and, if so, the specified criminal activity involved and the date, place, and jurisdiction of each. The City shall verify this through a criminal background check which shall be conducted at the applicant's expense prior to issuance and/or renewal of the license;

6. Whether the applicant has ever had a license previously issued under this Chapter or the predecessor to this Chapter or other similar adult business ordinances from another city or county denied, suspended or revoked, including the name and location of the adult-oriented business where the applicant was employed or proposed to be employed 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 principal stockholder of a corporation that is licensed under this Chapter or the predecessor to this Chapter 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;

7. A statement signed under penalty of perjury by the applicant that the applicant has personal knowledge of the information contained in the application and that the information contained therein is true and correct; that the applicant grants permission to the City to perform any necessary background checks on persons or businesses listed on the application; and that the applicant has read all provisions of the Grand Terrace Municipal Code regulating adult businesses.

E. Notwithstanding the fact that an application filed hereunder may be a public record under Government Code Section 6250 et seq., certain portions of such application contain information vital to the effective administration and enforcement of the licensing and/or permit scheme established in this Section which is personal, private, confidential, or the disclosure of which could expose the applicant to a risk of harm, undue embarrassment, unwarranted intrusion or privacy or inconvenience. Such information includes, but is not limited to, the applicant's residence address and telephone number, the applicant's date of birth and/or age, the applicant's driver's license and/or Social Security Number, and/or personal financial data.

The City Council, in adopting the application and licensing and/or permit system set forth in this Section, has determined in accordance with California Government Code Section 6255 that the public interest in disclosure of the information set forth in this Section is outweighed by the public interest in achieving compliance with this Chapter by ensuring that the applicant's privacy, confidentiality, or security interests are protected. The Community Development Director shall cause to be obliterated from any copy of a completed license application made available to anyone, including any member of the public, the information set forth in this Section.

(Ord. No. 269, § 5, 8-13-2013)

A. The completeness of an application for an adult business manager or performer license shall be determined by the Community Development Director within five City business days of the date of receipt of proof of payment and processing of the Live Scan Service required in Subsection 5.88.060(C). If the Community Development Director determines that the application is incomplete, including a lack of proof of payment and processing of the required Live Scan Service, the Community Development Director shall immediately notify in writing the applicant of such fact and the reasons therefore, including any additional information necessary to render the application complete. Such writing shall be deposited in the U.S. mail, postage prepaid, immediately upon determination that the application is incomplete. The applicant shall have ten calendar 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 City business days following the receipt of a supplemental or amended application, the Community Development Director shall again determine whether the application is complete. Evaluation and notification shall occur as provided in this Subsection 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 City business days of that fact. If an applicant submits two consecutive incomplete applications, the applicant shall be notified in writing that a new application must be filed with the Community Development Director as set forth in this Chapter.

B. Within ten City business days from the date the application is determined to be complete, the Community Development Director shall approve or deny the application in accordance with this Chapter, and so notify the applicant as follows:

1. The Community Development Director shall write or stamp "Approved" or "Denied" on the application and date and sign such notation.

2. If the application is denied, the Community Development Director shall attach to the application a statement of the reasons for the denial.

3. If the application is granted, the Community Development Director shall attach to the application an adult manager or adult performer license.

4. The documents specified in Subsections B(1), (2) and (3) of this Section shall be deposited in the United States mail, first class postage prepaid, addressed to the applicant at the address specified in the application. All notices given under this Subsection shall be deemed given upon the date they are deposited in the United States mail.

C. Notwithstanding any provisions in this Section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this Section or may request a continuance regarding any decision or consideration by the City of the pending application. Extensions of time sought by applicants shall not be considered delay on the part of the City or constitute failure by the City to provide for prompt decisions on applications.

D. If the Community Development Director is unable to act on the application within the required time period following a determination of completeness, he or she shall notify the applicant in writing and issue a provisional license, which shall expire following approval or denial of the application and final disposition of any appeal proceedings as provided in this Chapter. The provisions of this Chapter shall fully apply to a provisional license.

(Ord. No. 269, § 5, 8-13-2013)

A. The Community Development Director shall approve the issuance of a regular license to an applicant, unless it is determined by a preponderance of the evidence that any one of the following findings is true:

1. The license applicant is under 18 years of age;

2. An applicant has failed to provide information reasonably necessary for issuance of the license or gave false, fraudulent or untruthful information on the application form;

3. The applicant has been convicted of a specified criminal activity, as defined in this Chapter, either within the State or in another jurisdiction;

4. The applicant has, within the past five years, been convicted in an administrative enforcement action or court action of violating an adult-oriented business ordinance;

5. The applicant has had an adult business manager or performer license, or comparable license, of any type revoked within the past five years or one suspended within the past three years, immediately preceding the date of application; the fact that the applicant has appealed such action shall have no effect on the disqualification of the application; or

6. The license fee required by this Chapter has not been paid.

(Ord. No. 269, § 5, 8-13-2013)

It is a violation of this Chapter for a licensee to transfer ownership or control of a manager or performer license to another.

(Ord. No. 269, § 5, 8-13-2013)

A. A license issued under this Chapter shall be issued for a period of one year and is required to be renewed annually.

B. A license issued under this Chapter shall expire on the last day of the calendar month during which the licenses were issued or renewed during the previous year.

C. The license, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, the address of the adult-oriented business and whether the license is a manager or performer license.

D. Within 30 calendar days of any change in the information originally submitted with the license application, all licensees shall provide the Community Development Director with a written statement supplementing or amending the information required by this Division. Failure to submit such changes shall be grounds for suspension of the license.

(Ord. No. 269, § 5, 8-13-2013)

A permittee or applicant cannot re-apply for an adult business manager or performer license within one year from the date of prior denial.

(Ord. No. 269, § 5, 8-13-2013)

A. A license may only be renewed by the licensee's filing with the Community Development Department a written request for renewal on a form provided by the City, accompanied by a nonrefundable application licensing fee set forth in the schedule of fees established from time to time by the City Council, and a copy of the license to be renewed.

B. The request for renewal shall be made at least 30 calendar days before the expiration date of the regular license. When a renewal request is made less than 30 calendar days before the expiration date, the expiration shall not be stayed.

C. The Community Development Director shall act upon applications for license renewal as provided for in applications for licenses.

D. A licensee subject to denial of a renewal application shall have the right to appeal the suspension or revocation under the procedures provided in this Chapter.

(Ord. No. 269, § 5, 8-13-2013)

A. On determining that grounds for license suspension or revocation exist, the Community Development Director shall furnish written notice of the proposed suspension or revocation to the license holder. Such notice shall set forth the time and place of a hearing and the ground or grounds upon which the hearing is based, the pertinent Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the license holder, or shall be delivered to the license holder personally, at least ten days prior to the hearing date. Hearings pursuant to this Section shall be conducted by the Community Development Director or his/her designee, which may include a third party hearing officer. Hearings pursuant to this Section shall be conducted in accordance with procedures established by the Community Development Director, at a minimum, shall include the following:

1. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues and may be represented by counsel.

2. The Community Development Director or his/her designee shall not be bound by the formal rules of evidence.

3. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or a witness at the request of the license holder. Extensions of time or continuances sought by a license holder shall not be considered a delay on the part of the City or constitute failure by the City to provide for prompt decisions on license suspensions or revocations.

4. The decision of the Community Development Director or his/her designee may be appealed in accordance with this Chapter.

(Ord. No. 269, § 5, 8-13-2013)

A. A license may be suspended, revoked, or conditions imposed on a license based on the following causes arising from the acts or omissions of the license holder:

1. Licensee performed adult live entertainment in a location not approved for such activity;

2. The license is being used to conduct an activity different from that for which is was approved;

3. Licensee violated any requirement of the Zoning Code related to the regulation of adult businesses;

4. Licensee refused City or other governmental agency access to the premises and records;

5. Licensee allowed a person under the age of 18 years in or on the premises;

6. Licensee demonstrated an inability to manage the business in a peaceful and law-abiding manner thus necessitating action by law enforcement officers;

7. Licensee violated any of the "standards of conduct and operation" contained in Chapter 18.70 of the Municipal Code;

8. The licensee's license has been suspended more than once;

9. The licensee managed or performed during a period of time when the license was suspended;

10. Licensee transferred, or attempted to transfer, a license issued under this Chapter to another person or entity;

11. The license holder has failed to obtain or maintain all required City, County and/or State licenses;

12. The license holder has made any false, misleading, or fraudulent statement of material fact in the application for an adult business license;

13. The licensee, or in the case of a manager, an individual employed by, or performing in, the adult business (whether classified as an employee or independent contractor) has been convicted of sex-related offenses that occurred in or on the licensed premises and was employed by, or performing in, the adult business at the time the offenses were committed;

14. That the adult business that the license holder is employed in and for which the license was granted has ceased to exist or has been suspended for six months or more; or

15. The licensee has knowingly allowed or permitted, or has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult business; or a licensee has been convicted of violating any of the following State laws on the premises of the adult business:

a. Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation;

b. Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur;

c. Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code;

d. The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, 318 or Subdivision (b) of Section 647b of the California Penal Code;

e. Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including, but not limited to Sections 311 through 313.4;

f. Any act constituting a felony involving the sale, use, possession, or possession for sale of any controlled substance specified in Sections 11054, 11055, 11056, 11057, or 11058 of the California Health & Safety Code; or

g. An act or omission in violation of any of the requirements of this Chapter if such act or omission is with the knowledge, authorization, or approval of the license holder or is as a result of the license holder's (in the case of a manager) negligent supervision of the employees or independent contractors of the adult business. This includes the allowance of activities that are or become a public nuisance which includes the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property.

(Ord. No. 269, § 5, 8-13-2013)

A. After holding the hearing in accordance with the provisions of this Chapter, if the Community Development Director or his or her designee finds and determines that there are grounds for suspension, revocation or the addition of conditions, the Community Development Director shall impose one of the following:

1. Suspension of the license for a specified period not to exceed six months; or

2. Revocation of the license; or

3. The addition of reasonable conditions necessary to permit the adult business to continue to operate in a manner that would eliminate the grounds for suspension or revocation that have been found to exist.

B. The Community Development Director shall render a written decision that shall be hand delivered or overnight mailed to the license holder within five business days of the public hearing.

C. In the event a license is revoked pursuant to this Section, another adult business license to operate an adult business shall not be granted to the licensee or an entity related to the licensee within 12 months after the date of such revocation.

D. A licensee subject to suspension or revocation shall have the right to appeal the suspension or revocation under the procedures provided in this Chapter.

E. A licensee that has had a license revoked shall be subject to the same license criteria required of any applicant applying for a new license.

(Ord. No. 269, § 5, 8-13-2013)

A. After approval, denial, suspension or revocation of a license, any affected person may appeal the decision by filing a written petition with the City Clerk requesting a hearing on the denial, suspension, or revocation of the license within 15 calendar days of the date of the Community Development Director's decision. The City Council shall serve as the Appeals Board. The appeal shall be scheduled within 20 calendar days of the date the petition is received in the office of the City Clerk. The City Clerk shall give written notice to the applicant of the time and place for the hearing on the applicant's appeal at least ten calendar days prior to the scheduled date of hearing.

B. During the appeal of a license denial, suspension, or revocation, the applicant shall be permitted to operate with a provisional license until the final disposition of the appeal proceedings before the City Council. The provisions of this Chapter shall fully apply to a provisional license.

C. Consideration of an appeal of the decision shall be at a public hearing and which hearing shall occur within 30 days of the filing or initiation of the appeal.

D. The City Council's action on the appeal of the decision shall be by a majority vote of the members present and upon the conclusion of the de novo public hearing, the City Council shall grant or deny the appeal. The City Council's decision shall be final and conclusive and shall be rendered to the licensee in writing by registered or certified mail within ten City business days of the hearing.

E. In reaching its decision, the City Council shall not be bound by the formal rules of evidence.

F. Notwithstanding any provisions in this Section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this Section or may request a continuance regarding any decision or consideration by the City of the pending appeal. Extensions of time sought by applicants shall not be considered delay on the part of the City or constitute failure by the City to provide for prompt decisions on applications.

G. Failure of the City Clerk to render a decision to grant or deny an appeal of a license denial within the time frames established by this Section shall be deemed to constitute a denial of the license.

H. The time for a court challenge to a decision of the City Council is governed by California Code of Civil Procedure § 1094.8.

I. Notice of the City Council's decision and its findings shall include citation to California Code of Civil Procedure § 1094.8.

J. Any applicant or license holder whose license has been denied pursuant to this Section shall be afforded prompt judicial review of that decision as provided by California Code of Civil Procedure § 1094.8.

(Ord. No. 269, § 5, 8-13-2013)

Any adult-oriented business established, operated, or maintained contrary to the provisions of this Chapter is unlawful and a public nuisance, and the City Attorney may commence an action or actions, proceeding or proceedings for the abatement, removal, and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such adult-oriented business and restrain and enjoin any person from establishing, operating, or maintaining an adult-oriented business contrary to the provisions of this Chapter or such other laws.

(Ord. No. 269, § 5, 8-13-2013)