Patterson Municipal Code Art. II Application And Permits

A. Every person who proposes to maintain, operate or conduct an adult-related establishment in the city shall file an application with the city manager upon a form provided by the city and shall pay a filing fee, as established by resolution adopted by the city council from time to time, which shall not be refundable.

B. Every person who proposes to be employed by an adult-related establishment shall file an application with the city manager upon a form provided by the city 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. 528 § 2 (part), 1995)

A. Every application submitted to the city manager shall include the following information:

1. The type of permit applied for;

2. The name, including all aliases, by which the applicant is or has ever been known;

3. The applicant's present residence address and the residence addresses and dates thereof for the three years immediately preceding the date of the application;

4. Written proof that the applicant is at least eighteen years of age;

5. The applicant's height, weight, color of eyes and hair;

6. Two portrait photographs of the applicant at least two inches by two inches;

7. The business, occupation, or employment of the applicant for the three years immediately preceding the date of application;

8. The applicant's social security number and driver's license, if any;

9. The "adult-related establishment" or similar business license or permit history of the applicant including:

a. Whether such person has previously operated in this or another city or state under license or permit,

b. Whether such person has had such license or permit revoked or suspended and the reason therefor,

c. The business activity or occupation of such person subsequent to such action of suspension or revocation;

10. Whether the applicant has ever been convicted of:

a. An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code,

b. An offense involving sexual misconduct with children,

c. An offense involving theft of property,

d. An offense as defined in California Penal Code Sections, 261.5, 262, 243.4, 261, 309, 311.2, 311.3, 311.4, 311.5, 311.6, 311.10, 311.11, 313.1, 314, 315, 316, 318, 266, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a) 647(b), 647(d), 647, or 647.6.

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

f. Conspiracy to commit or an attempt to commit any of the aforesaid offenses,

g. The equivalent of any of the aforesaid offenses in a jurisdiction outside the state;

11. 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 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;

12. Whether the applicant, including a corporation or partnership, or former employer of the applicant while so employed, or a building in which the applicant was so employed or a business conducted, was ever subjected to an abatement proceeding under California Penal Code Section 11225 or any similar provisions of law in a jurisdiction outside the State;

13. The location at which the permittee is to be employed;

14. Such other identification and information necessary to disclose the truth of matters hereinbefore specified as required to be set forth in the application.

B. Every application for a permit to operate an "adult-related establishment" shall give the name and address of the owners and or lessors of the real property upon or in which the business is to be conducted.

C. If an applicant is a corporation, the application shall also set forth the name of the corporation exactly as shown in its articles of incorporation, together with the names and residence addresses of each of the officers, directors, and each stockholder holding five percent or more of the stock of the corporation. The corporation shall designate one of its officers to act as the responsible managing officer of the "adult-related establishment." Such officer shall complete the application form as an individual applicant under this chapter.

D. If the applicant is a partnership, the application shall also set forth the name and residence address of each of the partners, including limited partners. The partnership shall designate one of the partners to act as the managing partner of the "adult-related establishment." Such a partner shall complete the application form as an individual applicant under this chapter. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply.

E. Every application for a permit shall be verified by affidavit, or by declaration or certification under penalty of perjury, as provided in the California Code of Civil Procedure.

F. The application for a permit does not authorize conducting an "adult-related establishment" until such permit has been granted. The issuance of a business license pursuant to Chapter 5.04 of the Patterson Municipal Code shall not authorize conducting any "adult-related establishment" until the necessary regulatory permit has been lawfully granted.

(Ord. 528 § 2 (part), 1995)

A. All applications for permits for an "adult-related establishment" shall be referred to the chief building official, the fire chief, the health officer, the planning director, and the police chief who shall make written recommendations to the city manager concerning compliance with the laws and ordinances that they administer and enforce.

B. All other applications shall be referred to the health officer and police chief for their written recommendations to the city manager concerning compliance with the laws and ordinances that they administer and enforce.

C. The police chief shall require an applicant to have his/her fingerprints taken and may require such additional information as may be necessary to establish the identification of the applicant.

(Ord. 528 § 2 (part), 1995)

The city manager shall issue all other permits after the application therefor has been reviewed and approved. The city manager may refuse to issue a permit for an "adult-related establishment," or for any other applicant or permittee, for any of the following reasons, which reasons shall be set forth fully in writing and delivered to the applicant or permittee.

A. That the operator as proposed by the applicant, if permitted, will not or does not comply with all applicable laws, including but not limited to ordinances relating to building, health, planning, housing, zoning, and fire protection, and other applicable laws and regulations which the departments named in this chapter have responsibility to administer;

B. That the applicant or any other person who will be directly engaged in the management and operation of any "adult-related establishment" has been convicted of the offenses enumerated in subsection (A) (10) of Section 9.20.060 or convicted of an offense outside the state of California that would have constituted any of the described offenses if committed within the state. A permit may be issued to any person convicted of any of the crimes described if such conviction occurred more than five years prior to the date of the application, and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for crimes mentioned in subsection (A) (10) of Section 9.20.060;

C. That the applicant or any operator has had a permit for an "adult-related establishment" denied or revoked for cause by this city within the last five years;

D. That the applicant or operator is not at least eighteen years of age;

E. That the applicant has not paid the required fee to the city's finance department;

F. That the applicant has been licensed or registered in any state as a prostitute;

G. That any of the provisions of this chapter have been violated or that the permittee or any employee, including an "escort" or "figure model" is engaged in any conduct at an "adult-related establishment" which violates any state or local law or ordinances, or that the permittee of an "adult-related establishment" has actual knowledge of such violation, or where such permittee by the exercise of due diligence should have had actual or constructive knowledge of any such violation, or that such permittee or any other person acting on the permittee's behalf has refused to allow any duly authorized building inspector, police officer, or health officer of the city to inspect the premises or the operations therein pursuant to the provisions of this chapter;

H. Any refusal to issue a permit, or the suspension, or revocation of a permit under the provisions of this section is appealable to the city council in accordance with the provisions of Chapter 5.04 of this code.

(Ord. 528 § 2 (part), 1995)

A. Any permit issued for an adult-related establishment may be revoked or suspended by the city manager, after a hearing, in any case where any of the provisions of this chapter are violated, when the permittee, operator, or any employee of the permittee or operator, has engaged in conduct which violates any state law or city ordinance at the adult-related establishment and the operator or permittee knew, or, with the exercise of reasonable diligence, should have known of such violations at the time they occurred, or in any case where the operator refuses to permit any duly authorized city police officer or health inspector of the city to inspect the premises or the operations therein during the hours such premises are open for business.

B. The city manager shall hold a public hearing prior to the revocation or suspension of any permit under subsection (A) of this section. The permittee shall be given at least ten days notice in writing of such hearing, which notice shall contain a brief statement of the grounds to be relied upon for suspending or revoking the permit.

C. The decision of the city manager shall be in writing and shall be mailed postage prepaid to the permittee.

(Ord. 528 § 2 (part), 1995)

Permits issued under the provisions of Section 9.20.100 shall be valid for a period of one year from the date of issuance and shall be renewable annually.

A. An application for the renewal of an "adult-related establishment" shall be accompanied by a filing fee, as established by resolution adopted by the city council from time to time, which shall not be refundable, and shall contain the same information as in subsection (A) of Section 9.20.060, excluding therefrom subdivisions (4), (7), (8), and (9).

B. All applications for renewal shall be referred to the police chief, who may require an applicant to have his/her fingerprints taken and to furnish such additional information as may be necessary to establish the identification of the applicant.

(Ord. 528 § 2 (part), 1995)

Upon the sale, transfer, or relocation of an "adult-related establishment" the permit therefor shall be null and void; provided, however, that upon the death or incapacity of the permittee, an "adult-related establishment" may continue in business for a reasonable period of time, not to exceed three months, to allow for an orderly transfer of the business. No permittee shall operate under any name or conduct his/her business under any designation or at any location not specified in the permit. Any escort, figure model, or other employee may have a valid and unexpired permit transferred for use at any other "adult-related establishment" upon written application to the city manager accompanied by a nonrefundable transfer fee, as established by resolution adopted by the city council from time to time.

(Ord. 528 § 2 (part), 1995)

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 pursuant to Section 5.04.060 of this code 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. 528 § 2 (part), 1995)

A. An applicant for an "escort" or "figure model" permit shall make an application under penalty of perjury to the police chief or his/her authorized representative, upon a form provided by the city. A nonrefundable fee, as established by resolution adopted by the city council from time to time, shall be paid to the city to reimburse the city for the cost of the investigation. A copy of the receipt issued by the city's 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 Patterson 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 resident address, telephone number, sex, height, weight, color of hair, and color of eyes;

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

3. The applicant's business, occupation, and employment history for five 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/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, 266j, 267, 309, 311.2, 311.3, 311.4, 311.5, 311.6, 311.10, 311.11, 313.1, 314, 315, 316, 318, 647(a), 647(b) 647(d), or 647.6, or any crime involving dishonesty, fraud, deceit, or moral turpitude;

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 Sections 11054, 11055, 11056, 11057, or 11058 of the California Health and Safety Code, or as those sections may hereafter be amended or renumbered;

7. Acceptable written proof that the applicant is at least eighteen years of age;

8. A complete set of fingerprints acceptable to the police chief;

9. The applicant shall make himself/herself available to the Patterson Police Department in order to be photographed;

10. 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;

11. Such other identification and information as the police chief may require.

(Ord. 528 § 2 (part), 1995)

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

1. The applicant has been convicted of any of the offenses enumerated in subsection (A)(10) of Section 9.20.060, or convicted of an offense outside the state 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 any of the crimes described if such conviction occurred more than five years prior to the date of the application, and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for crimes mentioned subsection (A) (10) of Section 9.20.060;

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 years;

5. That the applicant is not at least eighteen years of age;

6. That the applicant has not paid the required fee to the city's 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 9.20.240 is appealable to the city council in accordance with the provisions of Chapter 5.04 of this code.

(Ord. 528 § 2 (part), 1995)

After following the procedure in Section 9.20.120, the city manager may revoke or suspend an "escort" or "figure model" permit for conviction of any of the crimes specified in Section 9.20.060 (A)(10). The decision of the city manager shall be in writing and shall be mailed postage prepaid to the escort or figure model.

(Ord. 528 § 2 (part), 1995)

A. Permits issued under the provisions of this chapter shall be valid for a period of one 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.