Merced Municipal Code Art. 2 Application and Permits

A. Every person who proposes to maintain, operate or conduct an adult entertainment business in the City of Merced shall file an application with the police chief upon a form provided by the City of Merced and shall pay a filing fee, as established by resolution adopted by the city council from time to time, which shall not be refundable.

(Ord. 1984 § 3 (part), 1998).

A. Adult entertainment business regulatory permits are nontransferable, except in accordance with Section 5.58.080. Therefore, all applications shall include the following information:

(1) If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least eighteen (18) years of age.

(2) If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.

(3) If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process.

B. If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten (10) percent or greater interest in the business entity shall sign the application.

C. If the applicant intends to operate the adult entertainment business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult business and show proof of registration of the fictitious name.

D. A description of the type of adult entertainment business for which the permit is requested and the proposed address where the adult business will operate, plus the names and addresses of the owners and lessors of the adult entertainment business site.

E. The address to which notice of action on the application is to be mailed.

F. The names of all employees required by Section 5.58.090 to obtain an adult entertainment business performer license (for ongoing reporting requirements see Section 5.58.090).

G. A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult entertainment business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.

H. A certificate and straight-line drawing prepared within thirty (30) days prior to application depicting the building and the portion thereof to be occupied by the adult entertainment business, and: (1) the property line of any other adult entertainment business within 1,000 feet of the primary entrance of the adult entertainment business for which a permit is requested; and (2) the property lines of any church, school, park, residential zone or use within 1,000 feet of the primary entrance of the adult entertainment business.

I. A diagram of the off-street parking areas and premises entries of the adult entertainment business showing the location of the lighting system required by Section 5.58.180C.

J. If the police chief determines that the applicant has completed the application improperly, the police chief shall promptly notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of ten (10) days or less to complete the application properly. In addition, the applicant may request an extension, not to exceed ten (10) days, of the time for the police chief to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.

K. The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining an adult entertainment business regulatory permit.

(Ord. 1984 § 3 (part), 1998).

A. Upon receipt of a completed application and payment of the application and permit fees, the police chief shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued an adult entertainment business regulatory permit.

B. Within thirty (30) days of receipt of the completed application, the police chief shall complete the investigation, grant or deny the application in accordance with the provisions of this section, and so notify the applicant as follows:

(1) The police chief shall write or stamp "granted" or "denied" on the application and date and sign such notation.

(2) If the application is denied, the police chief shall attach to the application a statement of the reasons for denial.

(3) If the application is granted, the police chief shall attach to the application an adult entertainment business regulatory permit.

(4) The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.

C. The police chief shall grant tile application and issue the adult entertainment business regulatory permit upon findings that the proposed business meets the locational criteria of Section 20.90.030; and that the applicant has met all of the development and performance standards and requirements of Section 5.58.180, unless the application is denied for one or more of the reasons set forth in Section 5.58.070, the permittee shall post the permit conspicuously in the adult entertainment business premises.

D. If the police chief grants the application or if the police chief neither grants nor denies the application within thirty (30) days after it is stamped as received (except as provided in Section 5.58.050J, the applicant may begin operating the adult entertainment business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of Section 5.58.180.

(Ord. 1984 § 3 (part), 1998).

The police chief shall deny the application for any of the following reasons:

A. The building, structure, equipment, or location used by the business for which an adult entertainment business regulatory permit is required do not comply with the requirements and standards of the health, zoning, fire and safety laws of the city and the State of California, or with the locational or development and performance standards and requirements of these regulations.

B. The applicant, his or her employee, agent, partner, director, officer, shareholder or manager has knowingly made any false, misleading or fraudulent statement of material act in the application for an adult business regulatory permit.

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

D. The required application fee has not been paid.

Each adult entertainment business regulatory permit shall expire one (1) year from the date of issuance, and may be renewed only by filing with the police chief a written request for renewal, accompanied by the annual permit fee and a copy of the permit to be renewed. The request for renewal shall be made at least thirty (30) days before the expiration date of the permit. When made less than thirty (30) days before the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted on as provided herein for action upon applications for permits.

(Ord. 1984 § 3 (part), 1998).

A. A permittee shall not operate an adult entertainment business under the authority of an adult entertainment business regulatory permit at any place other than the address of the adult entertainment business stated in the application for the permit.

B. A permittee shall not transfer ownership or control of an adult entertainment business or transfer an adult entertainment business regulatory permit to another person unless and until the transferee obtains an amendment to the permit from the police chief stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the police chief in accordance with Sections 5.58.040 and 5.58.050, accompanies the application with a transfer fee in an amount set by resolution of the city council, and the police chief determines in accordance with Section 5.58.060 that the transferee would be entitled to the issuance of an original permit.

C. No permit may be transferred when the police chief has notified the permittee that the permit has been or may be suspended or revoked.

D. Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked.

(Ord. 1984 § 3 (part), 1998).

A. No person shall engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult entertainment business, without a valid adult entertainment business performer permit issued by the city. All persons who have been issued an adult entertainment business regulatory permit shall promptly supplement the information provided as part of the application for the permit required by Section 5.58.040, with the names of all performers required to obtain an adult entertainment business performer permit, within thirty (30) days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the adult entertainment business regulatory permit.

B. The police chief shall grant, deny and renew adult entertainment business employee permits.

C. The application for a permit shall be made on a form provided by the police chief. An original and two copies of the completed and sworn permit application shall be filed with the police chief.

D. The completed application shall contain the following information and be accompanied by the following documents:

(1) The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant;

(2) Age, date and place of birth;

(3) Height, weight, hair and eye color;

(4) Present residence address and telephone number;

(5) whether the applicant has ever been convicted of:

(i) Any of the offenses set forth in Sections 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(d) of the California Penal Code as those sections now exist or may hereafter be amended or renumbered.

(ii) The equivalent of the aforesaid offenses outside the State of California.

(6) Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the lace of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution;

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

(8) Satisfactory written proof that the applicant is at least eighteen (18) years of age;

(9) The applicant's fingerprints on a form provided by the police department, and a color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant;

(10) If the application is made for the purpose of renewing a license, the applicant shall attach a copy of the license to be renewed.

E. The completed application shall be accompanied by a non-refundable application fee. The amount of the fee shall be set by resolution of the city council.

F. Upon receipt of an application and payment of the application fees, the police chief shall immediately stamp the application as received and promptly investigate the application.

G. If the police chief determines that the applicant has completed the application improperly, the police chief shall promptly notify the applicant of such fact and grant the applicant an extension of time of not more than ten (10) days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten (10) days, of the time for the city manager to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.

(Ord. 1984 § 3 (part), 1998).

A. Within five (5) days after receipt of the properly completed application, the police chief shall grant or deny the application and so notify the applicant as follows:

(1) The police chief shall write or stamp "granted" or "denied" on the application and date and sign such notation.

(2) If the application is denied, the police chief shall attach to the application a statement of the reasons for denial.

(3) If the application is granted, the police chief shall attach to the application an adult entertainment business employee permit.

(4) The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the residence address stated in the application.

B. The police chief shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in subsection D. of this section.

C. If the police chief grants the application or if the police chief neither grants nor denies the application within five (5) days after it is stamped as received (except as provided in Section 5.58.090G), the applicant may begin performing in the capacity for which the license was sought.

D. The police chief shall deny the application for any of the following reasons:

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

(2) The applicant is under eighteen (18) years of age;

(3) The adult entertainment business employee permit is to be used for performing in a business prohibited by state or city law.

(4) The applicant has been registered in any state as a prostitute.

(5) The applicant has been convicted of any of the offenses enumerated in Section 5.58.080D(5) or convicted of an offense outside the State of California that would have constituted any of the described offenses if committed within the State of California. A permit may be issued to any person convicted of the described crimes if the conviction occurred more than five (5) years prior to the date of the application.

E. Each adult entertainment business performer permit shall expire one (1) year from the date of issuance and may be renewed only by filing with the police chief a written request for renewal, accompanied by the application fee and a copy of the permit to be renewed. The request for renewal shall be made at least thirty (30) days before the expiration date of the permit. When made less than thirty (30) days before the expiration date, the expiration date of the permit will not be stayed. Applications for renewal shall be acted upon as provided for herein for applications for permits.

(Ord. 1984 § 3 (part), 1998).

An adult entertainment business regulatory permit an adult entertainment business employee permit may be suspended or revoked in accordance with the procedures and standards of this section.

A. On determining that grounds for permit revocation exist, the police chief shall furnish written notice of the proposed suspension or revocation to the permittee. 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 permittee, or shall be delivered to the permittee personally, at least ten (10) days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the police chief, but at a minimum shall include the following:

(1) All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and crass-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued or a reasonable time for the convenience of a party or a witness. The police chief s decision may be appealed in accordance with Section 5.58.120.

B. A permittee may be subject to suspension or revocation of his permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder, or manager of an adult entertainment business:

(1) In the case of a permittee of an adult entertainment business regulatory permit only, the building, structure, equipment, or location used by the adult entertainment business fails to comply with all applicable building, fire, electrical, plumbing, health, and zoning requirements of the Merced City Code, all applicable state and federal requirements of a similar nature which are customarily enforced by the city, and all provisions of these regulations and this code relating to adult entertainment businesses, including the adult entertainment business development and performance standards contained in Section 5.58.180.

(2) The permittee knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the city.

(3) The permittee, employee, agent, partner, director, stockholder, or manager of an adult entertainment business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult entertainment business, or in the case of an adult entertainment business performer, the permittee has engaged in one of the activities described below while on the premises of an adult entertainment business:

(i) Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.

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

(iii) Any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code.

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

(v) 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.

(vi) Any conduct prohibited by this chapter.

(4) Failure to abide by any disciplinary action previously imposed by an appropriate city official.

C. After holding the hearing in accordance with the provisions of this section, if the police chief finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the police chief shall impose one of the following:

(1) A warning;

(2) Suspension of the permit for a specified period not to exceed six months;

(3) Revocation of the permit.

(Ord. 1984 § 3 (part), 1998).

After denial of an application for an adult entertainment business regulatory permit or an adult entertainment business performer permit, or after denial of renewal of a permit, or suspension or revocation of a permit, the applicant or person to whom the permit was granted may seek review of such administrative action by the city council by filing a written appeal with the police chief within ten (10) days of the mailing of the decision. The city council shall hear the appeal at the next regularly scheduled meeting, at least seven (7) days after filing of the appeal. If the denial, suspension or revocation is affirmed on review, the applicant, permittee may seek prompt judicial review of such administrative action pursuant to California Code of Civil Procedure Section 1094.5. The court shall promptly review the action taken by the city council.

(Ord. 1984 § 3 (part), 1998).

A. No person shall act as an "escort" unless an escort permit is first obtained.

B. No person shall act as a "figure model" in a modeling studio unless a figure model permit is first obtained. The issuance of a business license shall not authorize acting as an "escort" or as a "figure model" in a modeling studio until the necessary regulatory permit has been lawfully granted.

(Ord. 1984 § 3 (part), 1998).

A. An applicant for an "escort" or "figure model" permit shall make an application under penalty of perjury to the police chief or his authorized representative upon a form provided by the City of Merced. A non-refundable fee, as established by resolution adopted by the city council from time to time, shall be paid to the City of Merced to reimburse the city for the cost of the investigation. A copy of the receipt issued by the City of Merced finance department shall accompany the application. The permit fee required under this section is in addition to any other license or permit fee required by the Merced Municipal Code.

B. The application for permit does not authorize the applicant to act as an "escort" or as a "figure model" until such permit has been granted.

C. Every application submitted to the police chief shall include the following information:

(1) The applicant's full name, any other names used, date of birth, California driver's license number or California identification number, social security number, present residence address, telephone number, sex, height, weight, color of hair, and color of eyes.

(2) Previous two (2) residence addresses of the applicant and the inclusive dates at each address.

(3) The applicant's business, occupation, and employment history for five (5) years preceding the date of application and inclusive dates of same.

(4) The permit history of the applicant; whether such person ever had any permit or license issued to him or her by any other public entity in this state; the date of issuance of any such permit or license, whether any such permit or license has ever been revoked or suspended; and if any such license or permit has been revoked or suspended, the reason therefor.

(5) All convictions for any crimes involving conduct which requires registration under any state law similar to and including California Penal Code Section 290, or of conduct which is a violation of the provisions of any state laws similar to and including California Penal Code Sections 243.4, 261, 261.5, 262, 266a, 266b, 266c, 266d, 266e, 266f, 266g, 266h, 266i, 267, 309, 311.2, 311.3, 311.4, 311.5, 311.6, 311.10, 311.1, 313.1, 314, 315, 316, 318, 647(a), 647(b), 647(d), or 647.6.

(6) Any offense requiring registration under provisions of Section 11590 of the California Health and Safety Code; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing, giving away, of a controlled substance specified in Section 11054, 11055, 11056, 11057, or 11058 of the California health and Safety Code, or as those sections may hereafter be amended or renumbered.

(7) Whether such person is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction. If any person mentioned in this subsection has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, a statement shall be submitted giving the place of such registration, licensing or legal authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution.

(8) Acceptable written proof that the applicant is at least eighteen (18) years of age.

(9) A complete set of fingerprints acceptable to the police chief.

(10) The applicant shall make himself or herself available to the Merced police department in order to be photographed.

(11) Authorization for the City of Merced, its agents, and employees to seek information and conduct an investigation into the truth of the statements set forth in the application.

(Ord. 1984 § 3 (part), 1998).

A. The police chief or his authorized representative shall have thirty (30) days from the date the application is accepted as complete in which to investigate the application and background of the applicant. Upon completion of the investigation, the police chief or his designated representative shall approve or deny the permit. The police chief may refuse to issue a permit for "escort" or "figure model" for any of the following reasons, which reasons will be set forth fully in writing and delivered to applicant:

(1) The applicant has been convicted of any of the offenses enumerated in the paragraphs C(5) and (6) of Section 5.58.140, or convicted of an offense outside the State of California that would have constituted any of the described offenses it committed within the State of California. A permit may be issued to any person convicted of any of the crimes described if such conviction occurred more than five (5) years prior to the date of the application.

(2) The applicant has been licensed or registered in any state as a prostitute.

(3) Any false statements made in the initial application for "escort" or "figure model" permit.

(4) That the applicant has had an "escort" or "figure model" permit denied or revoked for cause by this city within the last five (5) years.

(5) That the applicant is not at least eighteen (18) years of age.

(6) That the applicant has not paid the required fee to the City of Merced finance department.

B. Any refusal to issue a permit pursuant to this section or the suspension, or revocation of a permit under the provisions of Section 5.58.160 is appealable to the city council in accordance with the provisions of Section 5.58.120 of the Merced Municipal Code. After denial of any such appeal, the applicant may seek prompt judicial review of such administrative action in any court of competent jurisdiction pursuant to California Code of Civil Procedure Section 1094.5.

(Ord. 1984 § 3 (part), 1998).

After following the procedure in Section 5.58.080, the police chief may revoke or suspend an "escort" or "figure model" permit for conviction of any of the crimes specified in Section 5.58.140C(5) and (6). The decision of the police chief shall be in writing and shall be mailed postage prepaid to the escort or figure model.

(Ord. 1984 § 3 (part), 1998).

A. Permits issued under the provisions of the section shall be valid for a period of one (1) year from the date of issuance and shall be renewable annually.

B. An application for renewal for an "escort" or "figure model" permit shall be accompanied by a nonrefundable filing fee, as established by resolution adopted by the city council from time to time.

(Ord. 1984 § 3 (part), 1998).