La Puente Municipal Code Ch. 5.34 Managers and Promoters

Sections:

• 5.34.010 Effect of adult entertainment regulations.

• 5.34.020 Permit required.

• 5.34.030 Definition.

• 5.34.040 Additional information required for application.

• 5.34.050 Additional criteria for issuance or denial of permit.

• 5.34.060 Additional grounds for modification, revocation or suspension.

• 5.34.070 Exemptions.

Any permittee who causes or allows to be caused entertainment to occur which falls within any of the categories of “adult entertainment business,” as defined in Section 5.12.020 of this title, shall immediately have his or her permit revoked. The former permittee must then apply for and receive all permits required under Chapter 5.12 of this title before allowing, engaging in or promoting any such adult entertainment business.

(Ord. 788 § 13 (part), 1999)

If specifically required by any provision of this title, managers and promoters must obtain a permit issued pursuant to Chapter 5.08 of this title and the provisions of this chapter. If any of the provisions of Chapter 5.08 of this title conflict with the provisions of this chapter, the provisions of this chapter shall prevail as to all matters and questions arising out of the subject matter of this chapter. Neither the filing of an application for a permit, or renewal thereof, nor the payment of an application or renewal fee, shall authorize a person to act as a manager or entertainment promoter until such permit has been granted or renewed.

(Ord. 788 § 13 (part), 1999)

For purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, “permittee” means any individual who applies for and receives a permit to act as a manager or promoter.

(Ord. 788 § 13 (part), 1999)

(a) In addition to the information required in Section 5.08.030(a) of this title, an application for a permit to act as an entertainment promoter or work as a manager must include the following:

(1) Location: (i) for a promoter’s permit, the address where the event or activity being promoted will take place; (ii) for a manager’s permit, the address of the business or establishment which must have a designated manager to obtain a permit under this title;

(2) The names and addresses of the persons who have authority or control over the location identified in paragraph (a)(1) of this section and a brief statement of the nature and extent of such authority or control;

(3) The method by which the city can contact the applicant in case of an emergency. “Emergency” includes, but is not limited to, any fire, earthquake, flood, or the occurrence of any activity at the establishment which violates any city, state or federal regulation or law;

(4) Whether, during the last five years, the applicant was convicted of or pleaded nolo contendere or guilty to a misdemeanor or felony crime involving criminal misstatement or sexual misconduct including, but not limited to, all offenses listed in Penal Code Section 290, Penal Code Sections 311.2 through 311.7, Penal Code Sections 314 through 318, and subsections (a), (b), (c), (d) or (h) of Section 647 of the Penal Code, or any offenses involving pimping, pandering, prostitution or lewd conduct;

(5) The applicant’s age and date of birth;

(6) Whether the applicant has been registered in any state as a prostitute; and

(7) A detailed statement of the type of entertainment which will be conducted at the establishment.

(b) The applicant or permit holder of a permit to work as a manager or entertainment promoter shall give written notification of any change of information required in the application to the director within five business days after such change.

(Ord. 788 § 13 (part), 1999)

The director shall grant the permit to act as a promoter or manager only if he or she finds that there is no reason to deny the permit under Section 5.08.060 of this title and that all of the following requirements have been met:

(a) During the preceding five years, the applicant was not convicted of or pleaded nolo contendere or guilty to a misdemeanor or felony crime involving criminal misstatement or sexual misconduct including, but not limited to, all offenses listed in Penal Code Section 290, Penal Code Sections 311.2 through 311.7, Penal Code Sections 314 through 318, and subsections (a) , (b) , (c) , (d) or (h) of Section 647 of the Penal Code, or any offenses involving pimping, pandering, prostitution or lewd conduct;

(b) The applicant is at least eighteen years of age;

(c) The applicant has not been registered in any state as a prostitute; and

(d) If the applicant is renewing his or her permit to work as a manager, the applicant did not knowingly violate any provisions of Title 5 of this code in the operation of the business for which he or she is responsible.

(Ord. 788 § 13 (part), 1999)

In addition to the grounds set forth in Section 5.08.110 of this title, any permit issued pursuant to this chapter may be modified, suspended or revoked if:

(a) The permittee has been convicted of or entered a plea of guilty or nolo contendere to any violation of the crimes or offenses specified in Section 5.34.050(a) of this chapter;

(b) The permittee violated or knowingly allowed any violation of any of the provisions of Title 5 of this code; or

(c) If the permittee is a promoter, the permittee fails to obtain a permit for any other event or establishment.

(Ord. 788 § 13 (part), 1999)

Any manager or promotor not explicitly required by another provision of Title 5 of this code to obtain a permit pursuant to the provisions of this chapter shall not be subject to this chapter.

(Ord. 788 § 13 (part), 1999)