Lomita Municipal Code Art. 3 Adult-Oriented Live Entertainer Licenses

For purposes of this article, the following definitions shall apply:

(1) Adult-oriented live entertainment. The term "adult-oriented live entertainment" shall mean every form of live entertainment, music, band or orchestra, act, play, burlesque, revue, pantomime, scene, song, dance, or act participated in by one or more persons and which live entertainment involves the display or simulation of "specified sexual activities" or the display of "specified anatomical areas."

(2) Adult-oriented live entertainer. The term "adult-oriented live entertainer" shall mean any person who engages in or performs "adult-oriented live entertainment."

(3) Appeal. Wherever reference to an "appeal" being filed or available to be filed, such right of appeal shall also include the right to appeal administrative determinations made by the city manager/designee pursuant to this article and sections 6-4.22.12 and 6-4.24.05 to the city council. Wherever the term "appeal" is used hereunder—including any time limit to act on an appeal, such term shall also mean a complete appeal being filed which includes all identified information and payment of any appeal fee.

(4) Couch dance or couch dancing. The term "couch dance" or "couch dancing" shall have the same meaning as set forth in section 6-4.22.02(5)b. hereof.

(5) Straddle dance or straddle dancing. The term "straddle dance" or "straddle dancing" shall have the same meaning as "couch dance" or "couch dancing" as defined in subsection (4) above.

(6) Specified criminal act and specified criminal acts. The phrase "specified criminal act" shall also include "specified criminal acts" and shall have the same meaning as set forth in section 6-4.22.02 of this Code.

(Ord. No. 576, § 6, 2-18-97; Ord. No. 699, § 1, 4-2-07)

(a) Each individual to be employed or who is employed in the capacity as an "adult-oriented live entertainer" for an adult-oriented business shall be required to obtain an adult-oriented live entertainer license from the city. Each applicant shall pay an adult-oriented live entertainer license fee as set by resolution of the city council. It shall be unlawful and a misdemeanor, subject to punishment in accordance with section 1-2.01 et seq. of this Code, for any person to work as an "adult-oriented live entertainer" without a license as required by this article.

(b) Any "adult-oriented live entertainer" who is currently employed as such on the date this article becomes effective shall have six (6) months from the effective date of this article to obtain a license hereunder.

(Ord. No. 576, § 6, 2-18-97)

Before any applicant may be issued an adult-oriented live entertainer license, the applicant shall submit on a form to be provided by the city manager, or designee thereof, the following information:

(1) The applicant's full name and any other names or aliases used by the individual during the last five (5) years;

(2) Age, date, and place of birth;

(3) Height, weight, and color of hair and eyes;

(4) Present business address and telephone number;

(5) Proposed business address and telephone number;

(6) Present residence address and telephone number;

(7) State driver's license or identification number;

(8) Social security number;

(9) Evidence that the individual is at least eighteen (18) years of age;

(10) A statement describing the business, occupation, or employment history of the applicant for three (3) years immediately preceding the date of the filing of the application;

(11) A statement detailing the license or permit history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended regarding a business in this state or anywhere else. In the event of any such denial, revocation, or suspension, state the date, the name of the issuing or denying jurisdiction, and describe in full the reasons for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application;

(12) A statement listing all criminal convictions or pleas of nolo contendere, except those which have been expunged or sealed by court order, or authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600-900, and the disposition of all arrests of the applicant, individual, or other entity subject to disclosure under this article, for five (5) years prior to the date of the application. This disclosure shall include identification of all ordinance violations, except minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature of each conviction or plea of nolo contendere, and sentence of each conviction or other disposition; identifying the convicting jurisdiction, and sentencing court providing court identifying case numbers or docket numbers;

(13) Payment of an application fee as set by resolution of the city council; and,

(14) Attached to the application form as provided above, two (2) color photographs of the applicant clearly showing the individual's face, and the individual's fingerprints on a form provided by the entity providing law enforcement services to the city. For persons not residing in the city, the photographs may be on a form from the law enforcement jurisdiction where the person resides. Any fees for the photographs and fingerprints shall be paid by the applicant. The application form shall be signed under penalty of perjury.

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 herein which is personal, private, confidential, or the disclosure of which could expose the applicant to a risk of harm. 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 herein has determined in accordance with Government Code Section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this article by ensuring that the applicant's privacy, confidentiality, or security interests are protected. The city clerk shall cause to be obliterated from any copy of a completed license application made available to any member of the public, the information set forth above.

(Ord. No. 576, § 6, 2-18-97; Ord. No. 699, § 1, 4-2-07)

(a) The city manager, or designee thereof, shall refer the adult-oriented live entertainer license application to the designated head of the entity providing law enforcement services to the city for an investigation to be made of such information as is contained on the application. In no event shall the investigation or the decision to grant or deny a license include information authorized or required to be kept confidential in accordance with Welfare and Institutions Code §§ 600 to 900. After an investigation, the designated head of the entity providing law enforcement services to the city shall within ten (10) days of the receipt of the complete application by the city issue a report on the issuance of the adult-oriented live entertainer license and the city manager, or designee thereof, shall issue such license as provided below unless one or more of the following findings is true:

(1) The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application for a license, permit, or in any report or record required to be filed with the city or county.

(2) The applicant has failed to completely fill out the license application form or to file a complete application packet.

(3) An applicant is under eighteen (18) years of age.

(4) An applicant has been convicted of a "specified criminal act" for which:

a. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the "specified criminals act" which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; the distribution, display, or sale of material harmful to minors; prostitution; or pandering; or,

b. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; for the "specified criminal acts" which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; the distribution, display, or sale of material harmful to minors; prostitution; or pandering; or,

c. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two (2) or more misdemeanors for the "specified criminal acts" which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult-oriented business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering; conviction of any such offense occurring within twenty-four (24) months prior to application.

(5) The adult-oriented live entertainer will be performing in a building, structure, and location which does not comply with the requirements or meet the standards of the health, zoning, fire, and safety laws of the State of California and ordinances of the city applicable thereto;

(6) The applicant has had an adult-oriented live entertainer license revoked by the city within two (2) years of the date of the current application;

(7) The adult-oriented live entertainer license is for a business prohibited by a local or state law, statute, rule, or regulation, or prohibited in the particular location by the provisions of this Code or the location of the proposed business does not have the adult-oriented business license and adult use planning permit required by this Code; or,

(8) The applicant has been refused a license or had a license revoked by this city or any other county or municipality within two (2) years of the date of the current application.

The city manager shall issue or deny the license within twenty (20) days of the receipt of a complete application by the city. In the event the city manager fails to issue or deny the license within said twenty-day period, the license shall be issued by the city subject to the restrictions in the balance of this section and all other laws and city ordinances or regulations.

(b) In the event the information necessary to complete the investigation is not available within the ten-day period, the designated head of the law enforcement entity providing police services to the City shall—if the application otherwise meets the requirements of this Code—issue a report on the issuance of the adult-oriented live entertainer license; whereupon the city manager, or designee thereof, shall issue the same within twenty (20) days of receipt of a complete application by the city. In the event the city manager fails to issue or deny within said twenty-day period, the license shall be issued by the city subject to the restrictions in the balance of this section and all other laws and city ordinances or regulations. Should the information obtained pursuant to the investigation materially vary from that on the application, such variance shall be cause to suspend or revoke the license. Any license issued prior to the city investigation shall state clearly on its face that the license is subject to suspension or revocation pursuant to sections 6-4.22.09 to 6-4.22.10 of this Code.

(Ord. No. 576, § 6, 2-18-97; Ord. No. 699, § 1, 4-2-07)

(a) If the application for an adult-oriented live entertainer license is denied by the city manager, the applicant shall have fifteen (15) days from the date the notice was mailed in which to appeal the decision to the city council. If appealed, notice of the hearing before the city council shall be mailed to the applicant and to the party filing the appeal if other than the applicant and the hearing shall be held at the earliest possible date authorized by law, but in no event later than thirty-five (35) days from the date of the city manager's action to deny the application. The city council shall act on the appeal within forty-five (45) days from the date the application was deemed approved or denied by the city manager. Otherwise, the application shall be deemed approved and the applicant shall be entitled to work as an adult-oriented live entertainer in the city subject to the remaining provisions of this article and all other applicable laws and city ordinances and regulations.

(b) If the application for an adult-oriented live entertainer license is approved or deemed approved by the city manager's action or failure to act, such action or inaction may be appealed by the applicant or any aggrieved party by filing a notice of appeal with the city clerk within fifteen (15) days of the date of the application's approval or deemed approval and shall be subject to the time limits of this section. The city clerk shall cause notice of this decision to be published at least once during the fifteen-day period.

(Ord. No. 576, § 6, 2-18-97; Ord. No. 699, § 1, 4-2-07)

In addition to the requirements of this article, adult-oriented live entertainment shall be subject to the following regulations:

(1) No adult-oriented live entertainer shall mingle or fraternize with the patrons on the premises of the adult-oriented business while performing.

(2) Adult-oriented live entertainers shall be restricted to performing on a raised platform which is at least eighteen (18) inches above the floor level, and a minimum of six (6) feet in distance from the nearest patron or customer. A rail of at least forty-two (42) inches in height shall be installed around the perimeter of the stage or platform.

(3) No adult-oriented live entertainer shall:

(1) Engage in a couch dance or straddle dance with a patron at the business;

(2) Contract or otherwise agree to engage in a couch dance or straddle dance with a patron at the business;

(3) Engage in the display or exposure of a "specified anatomical area" or engage in or simulate a "specified sexual activity" while intentionally touching a patron at the adult-oriented business.

(4) Engage in the display or exposure of any "specified anatomical area" or engage in or simulate a "specified sexual activity" closer than six (6) feet from any patron.

(4) No employee or independent contractor, regardless of whether or not a license or permit has been issued for said business under this title, shall engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of 11:00 p.m. and 10:00 a.m.

(5) No employee or independent contractor, regardless of whether or not a license or permits has been issued for said business under this article, shall violate any provision of section 6-4.22.15 of this Code.

(Ord. No. 576, § 6, 2-18-97)

The adult-oriented live entertainer license granted pursuant to this article shall be subject to annual renewal by the city manager, or designee thereof, upon the written application of the applicant and a finding by the city manager, or designee thereof, and the designated head of the entity providing law enforcement services to the city that the applicant has not committed any offense or committed any act during the existence of the license which would give grounds to deny the license or refuse the renewal or to revoke the license. An application for a renewal shall be filed at least thirty (30) days prior to expiration of an existing license. If in reviewing the application for renewal of the license, the city manager, or designee thereof, determines that the application will likely be denied, then the city manager, or designee thereof, shall cause an administrative hearing to be held within twenty (20) days of the date on which a complete renewal application was filed with the city. At the hearing, the applicant may present evidence supporting the application or contradicting the evidence presented by the city. The renewal of an adult-oriented live entertainer license shall be subject to payment of a fee as set by a resolution of the city council. If the city manager fails to act on a renewal application within said twenty-day period, the application shall be deemed approved and the license shall be issued by the city. The denial of a renewal of a license by the city manager shall be subject to appeal to the city council. Said appeal hearing shall be scheduled at the earliest possible date permitted by law. In the event the city council fails to act on the appeal within fifty (50) days of the receipt of a complete application by the city, the application shall be deemed approved and the license issued by the city subject to all other laws and city ordinances or regulations.

(Ord. No. 576, § 6, 2-18-97; Ord. No. 699, § 1, 4-2-07)

Any license issued hereunder may be suspended or revoked by the city for a violation of the provisions of this article or a failure to comply with the provisions hereof. Any proceeding to consider the suspension or revocation of a license shall utilize the procedures to suspend or revoke an adult-oriented business license set forth in sections 6-4.22.09 to 6-4.22.11 of this Code.

(Ord. No. 576, § 6, 2-18-97)

(a) No license issued hereunder shall be transferable to any other person.

(b) The license issued pursuant to this article for each adult-oriented live entertainer shall be displayed within an area on the premises where it can be inspected at all times by city officials or agents.

(Ord. No. 576, § 6, 2-18-97)

The initial application fee, the initial license fee, the annual renewal fee, and all appeal fees for license related activities pursuant to this article shall be set by resolution of the city council.

(Ord. No. 576, § 6, 2-18-97)