Ontario Municipal Code Art. 8 Adult Businesses and Adult Business Performers

The purpose of this subsection is to facilitate regulation of adult businesses and adult business performers pending resolution of issues regarding the prior-permitting of such establishments and their performers raised in Baby Tam & Co., Inc. v. City of Las Vegas, 154 F.3d 1097 (9th Cir. 1998). The intention of the registration requirement is to provide enforcement agencies sufficient information to assist them in ensuring that criminal elements do not infiltrate such establishments, that minors are not employed in such establishments, and that the establishments will comply with zoning and operational standards imposed by the City of Ontario.

(a) Registration of adult businesses. Any person, association, partnership or corporation desiring to obtain a business license tax certificate for an adult business shall make an application for a registration certificate, under oath, to the City Manager or designee. The application shall be accompanied by the appropriate fee to be established by separate resolution of the City Council. The application shall be submitted on a form provided by the City indicating:

(1) The name, current permanent residential address and telephone number of the applicant;

(2) The business name, proposed business address of the adult business and its telephone number.

(a) If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation and it shall provide a copy of its articles of incorporation along with the application. The application shall indicate the address of the corporation, if different than the address of the adult business, as well as the name and residence address of each of the officers, directors and each stockholder owning not less than ten percent of the stock of the corporation. The applicant shall show that the corporation is in good standing under the laws of the State of California;

(b) If the applicant is a partnership, the application shall show the name and residence address of each of the partners, including limited partners, and the address of the partnership itself, if different than the address of the adult business;

(3) The name and permanent address of the owner of the property upon which the applicant intends to locate the adult business;

(4) In the event the applicant is not the owner of record of the real property upon which the adult business will be located, the application must be accompanied by a notarized statement from the owner of record of the real property acknowledging that an adult business is or will be located on the property. In addition, the applicant shall furnish a copy of the lease or rental agreement pertaining to the premises in which the adult business will be located;

(5) The date, hours and location where the adult business is proposed to be conducted, and the admission fee, if any, to be charged;

(6) The name(s) of person(s) having the management or supervision of the applicant’s business;

(7) Whether or not the applicant has ever had any similar license or permit revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reasons for such revocation or suspension. If the applicant is a corporation, this requirement shall apply to each of the officers, directors and/or stockholders owning not less than ten percent (10%) of the stock of the corporation. If the applicant is partnership, this requirement shall apply to each of the partners, including limited partners;

(8) Driver’s license or other acceptable identification and social security number of the applicant. If the applicant is a corporation, this requirement shall apply to each of the officers, directors and/or stockholders owning not less than ten percent (10%) of the stock of the corporation. If the applicant is partnership, this requirement shall apply to each of the partners, including limited partners;

(9) Acceptable written proof that the applicant is at least eighteen (18) years of age. If the applicant is a corporation, this requirement shall apply to each of the officers, directors and/or stockholders owning not less than ten percent (10%) of the stock of the corporation. If the applicant is partnership, this requirement shall apply to each of the partners, including limited partners;

(10) The height, weight, eye color, hair color and date of birth of the applicant. If the applicant is a corporation, this requirement shall apply to each of the officers, directors and/or stockholders owning not less than ten percent (10%) of the stock of the corporation. If the applicant is partnership, this requirement shall apply to each of the partners, including limited partners;

(11) The business, occupation or employ- ment history of the applicant covering the five (5) year period immediately preceding the date of filing the application. If the applicant is a corporation, this requirement shall apply to each of the officers, directors and/or stockholders owning not less than ten percent (10%) of the stock of the corporation. If the applicant is partnership, this requirement shall apply to each of the partners, including limited partners;

(12) Each residence and business address of the applicant for the five (5) year period immediately preceding the date of filing the application. If the applicant is a corporation, this requirement shall apply to each of the officers, directors and/or stockholders owning not less than ten percent (10%) of the stock of the corporation. If the applicant is partnership, this requirement shall apply to each of the partners, including limited partners;

(13) One front-facing portrait photograph of the applicant measuring at least two (2) inches by two (2) inches and a complete set of applicant’s fingerprints taken by Ontario Police Department. If the applicant is a corporation, this requirement shall apply to each of the officers, directors and/or stockholders owning not less than ten percent (10%) of the stock of the corporation. If the applicant is partnership, this requirement shall apply to each of the partners, including limited partners;

(14) A detailed description of the proposed adult business, including the type of activities, services and entertainment to be provided, the number of employees and persons engaged as performers, and any further information about the adult business or performers, as the City Manager or designee deems necessary;

(15) The name and address of any other adult business owned and operated by any person whose name is required to be given in subsection (a)(1) or (a)(2) above;

(16) A description of any other business to be operated on the same premises or adjoining premises owned or controlled by the applicant. If the applicant is a corporation, this requirement shall apply to each of the officers, directors and/or stockholders owning not less than ten percent (10%) of the stock of the corporation. If the applicant is partnership, this requirement shall apply to each of the partners, including limited partners;

(17) Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit;

(18) Such other identification and infor- mation necessary to discover the truth of the information set forth in the application;

(19) The applicant shall also provide, for any person whose name is required to be given in subsection (a)(6) of this section, the information requested in subsections (a)(9), (a)(10), (a)(11), (a)(12), (a)(13), (a)(14), (a)(15), (a)(16) and (a)(18);

(20) Whether the applicant or any indivi- duals required to be listed on the application has within the two or five (5) year period specified in § 3-1.802 immediately preceding the date of the application, been convicted of a specified criminal act, and, if so, the specified criminal act committed and the date and place of conviction;

(21) Five (5) copies of a site plan, drawn to an appropriate scale and fully dimensioned, showing the lot, all existing and proposed buildings, parking areas, landscaping, walls, and lighting;

(22) Five (5) copies of a floor plan, drawn to an appropriate scale and fully dimensioned, showing the interior configuration of the premises, including all walls and permanent fixtures, as well as a summary of the total building area and the total floor space occupied by the adult business;

(23) Two (2) copies of vicinity map depicting the property lines of the proposed adult business and the land uses, zones or districts for which minimum separation and locational requirements are in effect pursuant to § 9-1.1305(b)(4) of the Ontario Municipal Code. The proposed vicinity map shall be prepared by a registered civil engineer or licensed land survey whose original wet stamp shall appear on the face of the vicinity map drawing. The proposed vicinity map shall also include a statement certifying the map was prepared within the last thirty (30) days prior to the submittal of the adult business application;

(24) An adult business that obtains a registration certificate to conduct adult business uses shall notify the City’s Business Licensing Department of any change in the information required to be furnished by this section within thirty (30) days after such change occurs. A registration certificate issued shall be permanently displayed at the location.

(b) Registration of adult business performers.

(1) Any person wishing to be engaged as an adult business performer shall submit an application to the City Manager or designee, under oath, for a registration certificate. The application shall be accompanied by the appropriate fee to be established by separate resolution of the City Council.

(2) An application for an adult business performer shall include the following information:

(i) The name, including all names, nicknames and aliases by which the applicant has been known and a listing of their residence address for the last three (3) years;

(ii) Social security number, driver’s license number, if any, and date of birth;

(iii) The applicant’s weight, height, color of eyes, and sex;

(iv) Written evidence that the applicant is at least eighteen (18) years of age;

(v) Fingerprint cards to be taken by the Ontario Police Department;

(vi) Two front-faced portrait photographs at least two (2) inches by two (2) inches in size and taken within thirty days of the date of the application;

(vii) Whether the applicant has within the two or five year period specified in § 3-1.802 immediately preceding the date of the application, been convicted of a specified criminal act, and, if so, the specified criminal act committed and the date and place of conviction;

(viii) Authorization for the City, its agents and employees to seek further information and conduct an investigation into the truth of the statements set forth on the application;

(ix) A written declaration by the applicant, under penalty or perjury, that the foregoing information contained in the application is true and correct, said declaration being duly dated and signed in the City.

(Added by § 7, Ord. 2682, eff. March 4, 1999)

(a) No adult business shall operate within the City, nor shall an adult business performer perform within the City, if any person required to be listed on an application pursuant to § 3-1.801(a) or (b) has been convicted of a “specified criminal act” for which:

(1) 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 criminal acts;

(2) 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 a specified criminal act;

(3) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, which ever is the later date, if convictions are of two (2) or more misdemeanors for the specified criminal act occurring within any twenty four (24) month period;

(4) The fact that a conviction has been appealed shall have no effect on disqualification of the applicant.

(b) For purposes of this chapter, “Specified Criminal Acts” shall be defined as sexual crimes against children, sexual abuse, rape or crimes of a sexual nature including, but not limited to the distribution of obscenity or materials harmful to minors, including distribution via the Internet, prostitution or pandering.

(Added by § 7, Ord. 2682, eff. March 4, 1999)

Upon receipt of an application under § 3-1.801(a) or (b), the City Manager or designee shall determine, within three (3) business days, if the information provided is complete. If the information is complete and the applicant has complied with the requirements of this chapter and the adult business location and operation complies with all applicable requirements for adult businesses contained in the Ontario Municipal Code, the City Manager or designee shall issue a “registration certificate” indicating that the applicant has complied with the requirements of this chapter. If the information is not complete, the City Manager or designee shall provide written notice to the applicant of the reasons for the determination that the application is incomplete.

(Added by § 7, Ord. 2682, eff. March 4, 1999)