La Puente Municipal Code Ch. 5.38 Modeling Studios

Sections:

• 5.38.010 Effect of adult entertainment regulations.

• 5.38.020 Permit required.

• 5.38.030 Definitions.

• 5.38.040 Additional information required for application.

• 5.38.050 Additional criteria for issuance or denial of permit.

• 5.38.060 Operating requirements.

• 5.38.070 Additional grounds for modification, revocation or suspension.

Any permittee who provides or allows to be provided any services which fall 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 to operate a modeling studio revoked. No services conducted by a modeling studio will continue upon revocation of the permit, and such permittee must apply for and receive all permits required under Chapter 5.12 of this title before continuing any operation which falls within the definition of “adult entertainment business’ as defined in Section 5.12.020 of this title.

(Ord. 788 § 15 (part), 1999)

No person shall engage in, conduct or carry on the business of a modeling studio without a permit issued under the provisions of Chapter 5.08 of this title. 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.

(Ord. 788 § 15 (part), 1999)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

“Director” means the director of community development or his or her designee.

“Figure model” means any person, male or female, who poses to be observed, viewed, sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted.

“Manager” means any individual designated as responsible for the modeling studio and who is employed by the modeling studio.

“Modeling studio” means:

(1) Any premises on which there is conducted the business of furnishing figure models for persons who pay a fee or other consideration or compensation, or a gratuity, for the right or opportunity to observe, view, sketch, paint, draw, sculpture, photograph, or similarly depict the figure model.

(2) Any premises where there is conducted the business of furnishing or providing or procuring for a fee or other consideration or compensation or gratuity, figure models to be sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted.

(3) “Modeling studio” does not include:

(A) Any studio which is operated by any state college, or public junior college or school wherein the persons, firm, association, partnership or corporation operating it has met the requirements established in Division 21 of the Education Code for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma or honorary diploma; or

(B) Any premises where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in subsection (A) of this paragraph (3)

(C) “Adult modeling studio,” as that term is defined in Section 5.12.020 of this title.

“Permittee” means any person with a permit to operate a modeling studio.

“Person” means any individual, firm, business, partnership, corporation, cooperative, company, association, joint stock association, church, religious sect, religious denomination, society, organization, or league and shall include any trustee, receiver, assignee, agent, solicitor, or other similar representative thereof.

(Ord. 788 § 15 (part), 1999)

(a) In addition to the information required in Section 5.08.030(a) of this title, an applicant for a permit to operate a modeling studio license shall furnish the following information:

(1) The address of the modeling studio and the location in the modeling studio where any figure models will be observed, viewed, sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted;

(2) The names and addresses of the persons who have authority or control over the modeling studio and a brief statement of the nature and extent of such authority or control;

(3) The names and addresses of each of the owners of the modeling studio if the applicant is leasing the studio;

(4) A detailed statement of the type of business which will be conducted at the modeling studio;

(5) The hours of operation;

(6) The name and age of the applicant;

(6) The name and age of the manager;

(7) 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; and

(8) Whether the applicant has been registered in any state as a prostitute.

(b) The applicant or permit holder of a permit to operate a modeling studio shall give written notification of any change of information required in the application to the director within five business days after such change.

(c) The applicant shall furnish with his or her application for a permit to operate a modeling studio proof of the applicant’s date of birth and the date of birth of the manager.

(Ord. 788 § 15 (part), 1999)

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

(a) The applicant, has not been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code Section 290, and has not been convicted for a violation of the provisions of California Penal Code Sections 266i, 314, 315, 316, 318, 647, Health and Safety Code Sections 11054 to 11058, or any other crime involving dishonesty, fraud, deceit, or moral turpitude;

(b) The applicant has not had a permit or license to operate a modeling studio, or other similar permit or license denied, revoked, or suspended by the city, or any other state or local agency prior to the date of approval;

(c) The applicant is at least twenty-one years of age; and

(d) The applicant has not been registered in any state as a prostitute.

(Ord. 788 § 15 (part), 1999)

(a) Manager Required. All establishments permitted or required to be licensed under this chapter shall have a responsible person on the premises to act as manager at all times during which the modeling studio is open and to ensure compliance with these provisions. The manager must be familiar with the requirements of this chapter and be capable of communicating the provisions of this chapter to employees and patrons of the establishment. Such manager, if not the permittee, shall first procure a permit pursuant to Chapter 5.34 of this title and shall not be employed as or act as such manager until he or she has this permit. The permittee cannot act as manager if the permittee is not a human individual.

(b) Sign Restrictions. The permittee shall not maintain, or permit the maintenance upon or adjacent to the outside of the modeling studio, any sign which in whole or in part depicts or describes “specified sexual activities” or “specified anatomical areas,” as those terms are defined in Section 5.12.020 of this title.

(c) Hours of Operation. The permittee shall not conduct or operate a modeling studio between the hours of ten p.m. and ten a.m. of the following day.

(d) Regulations to be Posted. The permittee shall post and continuously keep posted a copy of this chapter in a conspicuous place inside the premises.

(e) Premises—Visibility. The permittee shall not permit conditions to exist wherein the interior of the modeling studio shall be visible from the outside of the premises.

(f) Premises—Inspection. The permittee 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 the city or any peace officer.

(g) Lighting. The permittee shall maintain a minimum of twenty footcandles of illumination generally distributed in all parts of the premises at all times when the modeling studio is open for business.

(h) Recordkeeping Requirements. The permittee shall maintain a current file of all figure models employed by the operator or using the premises. This file shall contain true name and aliases used by the figure model, age, birth date, height, weight, color of hair and eyes, home address, phone numbers, Social Security numbers, a current copy of a valid California driver’s license or Department of Motor Vehicles identification card, and the date of employment and termination. Inactive file cards shall be maintained on the premises for a period of one year following termination. The permittee shall make all records available immediately upon demand of the city or the L.A. County sheriff’s department.

(i) Entertainment by Models Prohibited. A permit issued pursuant to this chapter does not permit any entertainment as defined in Section 5.24.030 of this title or any public dance, private dance, special dance, or teenage dance as those terms are defined in Section 5.22.020 of this title.

(j) Persons Using Alcohol or Drugs Prohibited. No person shall enter, be or remain in any part of a modeling studio or premises licensed as such while in the possession of, consuming, using or under the influence of any alcoholic beverage or drugs. The permittee, manager and every supervisory employee shall not permit any such person to enter or remain upon the licensed premises.

(Ord. 788 § 15 (part), 1999)

(a) 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 the permittee violates any of the provisions of this chapter on two separate occasions within a twelve-month period; or

(b) The failure of the permittee’s manager to obtain a permit is grounds for revocation of the permittee’s permit to operate a modeling studio.

(Ord. 788 § 15 (part), 1999)