Pomona Municipal Code § 30-256 Application

It is unlawful for any person:

(1) To operate an adult-oriented business without a valid permit (referred to as an "adult-oriented business regulatory permit") issued by the city pursuant to this division.

(2) Who operates an adult-oriented business to employ a person to perform services on the premises of the adult-oriented business who does not possess an employee permit issued by the city pursuant to this division.

(3) To perform services as an employee of an adult-oriented business without having secured an adult-oriented business employee permit issued by the city pursuant to this division. Only those employees who have significant contact with customers or patrons of the adult-oriented business are required to have an adult-oriented business employee permit pursuant to this division. Employees with significant contact with patrons or customers include, but are not limited to, entertainers, performers, waitpersons, bartenders, salespersons, cashiers, supervisors, managers, ticket sellers and ticket takers. Security guards required by section .58095(F)(8) of the zoning ordinance are not required to secure an employee permit.

(Code 1959, § 14.5-2; Ord. No. 3873, § 3 (part))

It is unlawful for any owner, operator, manager, or permittee in charge or in control of an adult-oriented business to employ any person who is not in possession of a valid, unrevoked adult-oriented business employee permit, if such permit is required by section 30-216(3).

(Code 1959, § 14.5-21; Ord. No. 3873, § 3 (part))

(a) Every adult-oriented business shall display at all times during business hours the permit issued pursuant to this division for such adult-oriented business in a conspicuous place so that the permit may be readily seen by all persons entering the adult-oriented business.

(b) Each adult-oriented business employee shall be required to have a permit issued pursuant to this division. The business license division shall issue the employee permit together with an identification card containing the name, address, photograph and permit number of such entertainer. An adult-oriented business employee shall have such card available for inspection at all times during which such person is on the premises of the adult-oriented business.

(Code 1959, § 14.5-15; Ord. No. 3873, § 3 (part))

(a) After denial of an application or renewal application for any permit required by this division, the applicant or permittee may seek review by way of an administrative hearing in accordance with this section.

(b) A written appeal petition and a nonrefundable appeal fee in an amount set by resolution of the city council must be filed with the city manager within ten calendar days after the decision of the business license division; provided, however, that if the ten days expires on a date that city hall is not open for business, the appeal period shall be extended to the next city business day. Failure to file a timely petition, together with the nonrefundable appeal fee, deprives the hearing officer of jurisdiction to hear the appeal. The appeal petition must indicate in what way the appellant contends the business license division's decision was incorrect or must provide extenuating circumstances that the appellant contends would justify reversal or modification of the business license division's decision.

(c) The city manager shall appoint a hearing officer to hear the application. The hearing officer shall set the matter for hearing within 30 days of receipt of the petition, unless the applicant or permittee consents in writing to an extension. At least ten calendar days prior to such hearing, written notice thereof shall be mailed to the applicant or permittee by first class U.S. mail with a proof of service attached.

(d) All parties involved shall have the right to:

(1) Offer testimonial, documentary and tangible evidence bearing on the issues;

(2) Be represented by counsel; and

(3) Confront and cross 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 for a reasonable time for the convenience of a party or witness, provided the applicant or permittee consents in writing.

(e) The hearing officer shall make a final determination supported by written findings within five city business days after the hearing pursuant to this section. No later than three city business days of the hearing officer's decision, notice of the decision and a copy thereof shall be mailed by first class mail, postage prepaid, to the appellant.

(f) The decision of the hearing officer shall be final, and the applicant or permittee may seek judicial review of the hearing officer's decision in accordance with Code of Civil Procedure §§ 1094.5—1094.8 or as otherwise permitted by law. The applicant or permittee shall be so notified.

(Code 1959, § 14.5-16; Ord. No. 3873, § 3 (part))

(a) This section shall govern the suspension and/or revocation of adult-oriented business regulatory permits and adult-oriented business employee permits issued pursuant to this division.

(b) The chief of police and/or the planning division shall determine whether cause exists for the suspension or revocation of a permit pursuant to this division. If cause for suspension or revocation exists, the chief of police or the planning division shall file written charges and submit them to the city manager.

(c) Upon the receipt of the written charges, the city manager shall appoint a hearing officer. The hearing officer shall set the matter for hearing within 30 days of the filing of the written charges.

(d) The hearing officer shall give notice to the permittee to appear before the hearing officer at the time and place set for such hearing to show cause why the permit issued to the permittee should not be revoked or suspended. Such notice shall state the grounds for the complaint or reasons for the proposed revocation or suspension and shall be served upon the permittee not less than seven city business days prior to the date set for the hearing.

(e) The hearing officer shall hold a hearing at the time set therefor. Hearings shall be conducted in accordance with procedures established by the hearing officer. The permittee may appear personally or by counsel. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues. 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.

(f) Any hearing under this section may be continued for a reasonable time for the convenience of a party or witness; provided, however, that the hearing held pursuant to subsection (g) of this section may be continued only with the consent of the permittee.

(g) A permit may be suspended without notice in accordance with the following:

(1) The chief of police, county fire department, business license division, director of public works or county health officer may suspend any permit without previous notice and pending a hearing when it appears to such officer, department or division that the immediate suspension of any permit is necessary for the public health or safety.

(2) At the time of the suspension of the permit, the permittee shall be served with a written statement containing the reasons for such suspension and giving notice of the time and place for hearing thereon before the hearing officer appointed by the city manager.

(3) The hearing of the charges upon which the suspension was based shall be held not later than 48 hours after such suspension unless an extension of time therefor is requested by the permittee, in which event the hearing will be held not later than 15 days after suspension.

(h) After holding a hearing to determine whether a suspension is warranted and upon determining that there are sufficient grounds for a suspension, the hearing officer shall impose one of the following penalties, based upon the severity of the violation: (i) a warning; (ii) suspension of the permit for a specified period, not to exceed 30 days. However, the hearing officer shall suspend the permit if the permittee refuses to allow an inspection of the adult-oriented business pursuant to section 30-193. The hearing officer may, in conjunction with the issuance of a warning or the suspension of a permit, order the permittee to take corrective action.

(i) The hearing officer shall, within ten city business days from the submission of the matter for decision, render a written decision supported by findings. Notice of the hearing officer's decision shall be mailed by first class mail, postage prepaid, to the permittee. The decision becomes effective three business days after notice of the decision has been mailed. Any notice of decision suspending or revoking a permit issued pursuant to this article shall contain the substance of the following statement: "You are hereby notified that the time within which judicial review of this decision may be sought is governed by California Code of Civil Procedure § 1094.6."

(j) The permittee may seek judicial review of the hearing officer's decision in accordance with Code of Civil Procedure § 1094.5 et seq. or as otherwise permitted by law.

(Code 1959, § 14.5-17; Ord. No. 3873, § 3 (part))

(a) Every person who proposes to maintain, operate or conduct an adult-oriented business in the city shall file an application with the business license division upon a form provided by the city.

(b) Application requirements are as follows:

(1) Adult-oriented business regulatory permits are nontransferable. Therefore, all applications shall include the following information:

a. If the applicant is an individual, the individual shall state his legal name, including any aliases, address, and shall submit satisfactory written proof that he is at least 18 years of age.

b. If the applicant is a partnership, the partners shall state the partnership's complete name and address and the names of all partners, shall state whether the partnership is general or limited, and shall attach a copy of the partnership agreement and provide a federal identification number.

c. 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 the state, 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 and federal identification number.

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

e. If the applicant intends to operate the adult-oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult-oriented business and show proof of registration of the fictitious name with the business license division as part of the application process.

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

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

h. A floor plan showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult-oriented business. The floor plan 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 inches.

i. A straight-line drawing (radius map) prepared within 30 days prior to application depicting the building and the portion thereof to be occupied by the adult-oriented business, and the following:

1. The property line of any other adult-oriented business within 750 feet of another adult-oriented business property line for which a permit is requested; and

2. The property lines of any sensitive use within 1,250 feet of the property line of the adult-oriented business or the property line of a shopping center.

j. A site plan showing all offstreet parking areas and premises entries of the adult-oriented business showing the location of the lighting system required by section .5809-5-E(3) of the zoning ordinance.

(2) The application shall be accompanied by an application filing fee, as established by resolution adopted by the city council, which shall not be refundable. Whenever the city has no resolution in place governing the filing fee, the filing fee shall be that fee set by the resolution governing applications for licenses issued to massage technicians pursuant to article VI of this chapter. Every application and renewal application shall be accompanied by an application fee.

(c) 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-oriented business regulatory permit.

(Code 1959, § 14.5-3; Ord. No. 3873, § 3 (part))

(a) The business license division shall determine whether the applicant has submitted a complete application for an adult-oriented business regulatory permit within one city business day of its submission. An application is complete if it has been fully and properly completed in accordance with this subdivision. If the business license division determines that the applicant has not submitted a complete application, the business license manager shall promptly notify the applicant of such fact and allow the applicant not more than ten days to complete the application properly. The applicant may request to withdraw the application in order to provide additional time to complete the required information. However, if the applicant withdraws the application, the review period ends, and the completed application will be reviewed as a new submittal.

(b) Upon receipt of a complete application and payment of the application fee, the business license division shall submit the information to the chief of police and the planning division and shall immediately stamp the application as received.

(c) The chief of police shall conduct an investigation as to whether cause for denial of an adult-oriented business regulatory permit exists pursuant to section 30-238(c). Among other things, the office of the chief of police shall be required to check local and state summary criminal history information, including NCIC, and to certify whether disqualifying criminal history has been discovered. Accordingly, pursuant to Penal Code §§ 11105, 13300, the city council specifically authorizes the chief of police to obtain such information as it relates to disqualifying convictions for specified criminal acts.

(d) The planning division shall review and determine whether the proposed adult-oriented business meets the required location criteria of section .5809-5-C and D of the zoning ordinance and that the proposed adult-oriented business has met all of the development standards as required in section .5809-5-E of the zoning ordinance.

(Code 1959, § 14.5-4; Ord. No. 3873, § 3 (part))

(a) Issuance of temporary permit. Within 15 days of receipt of the completed application for an adult-oriented business regulatory permit, regardless of whether the required investigations have been completed, the business license division shall issue a temporary adult-oriented business regulatory permit, unless it has been notified by the planning division that the proposed adult-oriented business does not meet the requirements of section .5809-5 of the zoning ordinance. This temporary permit shall expire after 60 days from the time a complete application has been submitted. This subsection does not authorize an adult-oriented business to operate in contravention of any local, state, or federal laws or regulations concerning fire, health or safety. Upon approving or denying the temporary permit, the business license division shall notify the applicant as follows:

(1) The business license division shall write or stamp "temporary permit granted" or "temporary permit denied" on the application and shall date and sign such notation;

(2) Notice of the temporary permit approval or denial shall be given to the applicant in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service within two city business days of the date of the decision;

(3) If the temporary permit is denied, the business license division shall attach a statement of reasons for the denial to the notice, and the statement of reasons shall be prepared by the planning division; and

(4) If a temporary permit is denied, the application for the adult-oriented business regulatory permit shall be deemed denied, and the applicant shall be so notified.

(b) Granting of permit. Within 60 days of the receipt of a complete application, the business license division shall grant the application for an adult-oriented business regulatory permit, unless it is notified by the chief of police or the planning division that a reason for denial listed in subsection (c) of this section exists.

(c) Denial of application. The application for an adult-oriented business regulatory permit shall be denied for any of the following reasons:

(1) The building, structure, equipment, or location used by the business for which an adult-oriented business regulatory permit is required does not comply with the requirements and standards of the health, zoning, fire and safety laws of the city, county, or state or the property, building, structure, equipment, or location used by the business does not comply with the location or development standards of section .5809-5 of the zoning ordinance.

(2) The applicant or the agent, partner, director, officer, shareholder or manager of the applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult business regulatory permit.

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

(4) The required application fee has not been paid.

(5) The applicant has been convicted of a specified criminal act for which:

a. Less than two years have elapsed since the date of conviction, if the conviction is of a misdemeanor offense.

b. Less than five years have elapsed since the date of conviction, if the conviction is of a felony offense.

The fact that a conviction is being appealed shall have no effect on disqualification of the applicant.

(6) The granting of the application would violate a statute, ordinance or court order.

(d) Permit fee. An adult-oriented business regulatory permit shall not be issued unless the permittee has paid the required permit fee. The permit fee shall be set by a resolution of the city council.

(e) Expiration and renewal of permit. Each adult-oriented business regulatory permit shall expire one year from the date of issuance and may be renewed only by filing with the business license division a written request for renewal, accompanied by the annual permit fee, a copy of the permit to be renewed, and a list of all employees and entertainers. The request for renewal shall be made at least 30 days before the expiration date of the permit. Applications for renewal shall be acted on as provided in this division for investigation and action upon applications for regulatory permits.

(f) Appeal of denial. Any applicant denied a permit pursuant to this section may seek review of the denial by way of the administrative review process set forth in section 30-219.

(Code 1959, § 14.5-5; Ord. No. 3873, § 3 (part))

(a) The city may suspend an adult-oriented business regulatory permit for a period not to exceed 30 days if it determines that a permittee has violated or is not in compliance with any section of this article.

(b) The city shall suspend an adult-oriented business regulatory permit for a period not to exceed 30 days if it determines that:

(1) The permittee or any agent or employee of the permittee has refused to allow an inspection of the adult-oriented business premises as authorized by this article.

(2) The permittee has knowingly allowed an employee to violate any section of this article.

(c) The city shall follow the procedures set forth in section 30-220 before suspending a permit issued pursuant to this division.

(Code 1959, § 14.5-6; Ord. No. 3873, § 3 (part))

(a) The city may revoke an adult-oriented business regulatory permit if cause for the suspension pursuant to section 30-239 arises and the permit has been suspended within the preceding 12 months.

(b) The city shall revoke an adult-oriented business permit if it determines that:

(1) An operator gave false or misleading information in the material submitted during the application process;

(2) An operator has knowingly allowed possession, use, or sale of controlled substances on the premises;

(3) An operator has knowingly allowed prostitution on the premises;

(4) An operator knowingly operated the sexually oriented business during a period of time when the operator's license was suspended;

(5) Except for an adult motel, an operator has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises;

(6) The adult-oriented business is delinquent in payment to the city, county, or state for any taxes or fees past due;

(7) The operator has committed or knowingly allowed an employee to commit multiple infractions of this article;

(8) An operator has knowingly allowed an employee, while on the premises, to commit a specified criminal act; or

(9) The operator has attempted to transfer the adult-oriented business regulatory permit or the adult-oriented business in contravention of section 30-241.

(c) When the city revokes a permit, the revocation shall continue for one year, and the permittee or operator shall not be issued an adult-oriented business regulatory permit for one year from the date the revocation became effective. If, subsequent to revocation, the city finds that the basis for the revocation has been corrected or abated, the operator may be granted a permit if at least 90 days have elapsed since the date the revocation became effective.

(d) The city shall follow the procedures set forth in section 30-220 before revoking a permit issued pursuant to this division.

(Code 1959, § 14.5-7; Ord. No. 3873, § 3 (part))

(a) An operator shall not operate an adult-oriented business under the authority of an adult-oriented business regulatory permit at any place other than the address of the adult-oriented business stated in the application for the permit.

(b) An operator shall not transfer or assign ownership or control of an adult-oriented business to another person unless and until the transferee obtains an amendment to the permit from the business license division stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the business license division in accordance with section 30-236 and a transfer fee in an amount set by resolution of the city council and all required approvals have been granted in accordance with section 30-238 to ensure that the transferee would have been entitled to the issuance of the original permit.

(c) No permit may be transferred if 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 declared void, and the permit shall be revocable.

(Code 1959, § 14.5-8; Ord. No. 3873, § 3 (part))

(a) The business license division shall grant, deny and renew applications for adult-oriented business employee permits, which are required pursuant to section 30-216.

(b) Application requirements are as follows:

(1) The application for a permit shall be made on a form provided by the business license division. An original and two copies of the completed and notarized signature permit application shall be filed with the business license division.

(2) The completed application shall contain the following information and shall be accompanied by the following documents:

a. The applicant's legal name and any other names, including stage names and aliases, used by the applicant.

b. The applicant's age, date and place of birth.

c. The applicant's height, weight, hair and eye color.

d. The applicant's present residence address and telephone number.

e. Whether the applicant has ever been convicted of a specified criminal act and, if so, when.

f. Whether such person is or has ever been licensed or registered as a prostitute or otherwise authorized by the laws of any 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.

g. The applicant's state driver's license or identification number.

h. Satisfactory written proof that the applicant is at least 18 years of age.

i. The applicant's fingerprints on a form provided by the police department and three color photographs clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant.

(c) The completed application shall be accompanied by a nonrefundable application fee. The amount of the fee shall be set by resolution of the city council. Whenever the city has no resolution in place governing the application fees, the amount of such fee shall be the fee set forth in the city council resolution governing license application fees for massage technicians regulated by article VI of this chapter. Every application and renewal application shall be accompanied by an application fee.

(Code 1959, § 14.5-9; Ord. No. 3873, § 3 (part); Ord. No. 3962, § 4, 10-7-2002)

(a) The business license division shall determine whether the applicant for an adult-oriented business employee permit has submitted a complete application within one city business day of its submission. An application is complete if it has been fully and properly completed in accordance with the terms of this division. If the business license division determines that the applicant has not submitted a complete application, the business license manager shall promptly notify the applicant of such fact and allow the applicant not more than ten days to complete the application properly. The applicant may request to withdraw the application in order to provide additional time to complete the required information. However, if the applicant withdraws the application, the review period ends, and the completed application will be reviewed as a new submittal.

(b) Upon receipt of a complete application and payment of the application fee, the business license division shall submit the information to the chief of police and shall immediately stamp the application as received.

(c) The chief of police shall conduct an investigation as to whether cause for denial of an adult-oriented business employee permit exists pursuant to section 30-258(c). Among other things, the office of the chief of police shall be required to check local and state summary criminal history information, including NCIC, and to certify whether disqualifying criminal history has been discovered. Accordingly, pursuant to Penal Code §§ 11105, 13300, the city council specifically authorizes the chief of police to obtain such information as it relates to disqualifying convictions for specified criminal acts.

(Code 1959, § 14.5-10; Ord. No. 3873, § 3 (part))

(a) Issuance of temporary permit. Upon receipt of a complete application for an adult-oriented business employee permit and payment of the application fee, the business license division shall issue the applicant a temporary adult-oriented business employee permit. This temporary permit shall entitle the applicant to immediately begin working or performing on the premises of the adult-oriented business listed on the application. This temporary permit shall expire 60 days after being issued.

(b) Granting of permit. Within 60 days of the receipt of a complete application, the business license division shall grant the application for an adult-oriented business employee permit, unless it is notified by the chief of police that a reason for denial listed in subsection (c) of this section exists.

(c) Denial. An application for an adult-oriented business employee permit shall be denied if one or more of the following applies to the applicant or the application:

(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 18 years of age.

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

(4) The applicant has been registered in any state as a prostitute in the five years prior to the filing of the application.

(5) The applicant has been convicted of a specified criminal act for which:

a. Less than two years have elapsed since the date of conviction, if the conviction is of a misdemeanor offense.

b. Less than five years have elapsed since the date of conviction, if the conviction is of a felony offense.

c. Less than five years have elapsed since the date the applicant received the earlier of two or more convictions, if the convictions are of misdemeanor offenses.

The fact that a conviction is being appealed shall have no effect on disqualification of the applicant.

(d) Fee. An adult-oriented business employee permit shall not be issued unless the permittee has paid the required permit fee. The permit fee shall be set by resolution of the city council.

(e) Validity. An employee permit is only valid at the adult-oriented business listed on the permittee's application.

(f) Expiration and renewal. Each adult-oriented business employee permit shall expire one year from the date of issuance and may be renewed only by filing with the business license division 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 30 days before the expiration date of the permit. When applications for renewal are made less than 30 days before the expiration date, the expiration of the permit shall not be stayed. Applications for renewal shall be acted on as provided in this subdivision for applications for permits.

(Code 1959, § 14.5-11; Ord. No. 3873, § 3 (part))

(a) The city may suspend an adult-oriented business employee permit for a period not to exceed 30 days if it determines that an employee has violated or is not in compliance with any section of this article.

(b) The city shall suspend an employee permit for a period not to exceed 30 days if it determines that the employee has refused to allow an inspection of the adult-oriented business premises as authorized by this article.

(c) The city shall follow the procedures set forth in section 30-220 before suspending an employee permit issued pursuant to this subdivision.

(Code 1959, § 14.5-12; Ord. No. 3873, § 3 (part))

(a) The city may revoke an adult-oriented business employee permit if:

(1) It determines that the employee permittee has violated or is not in compliance with this article;

(2) the employee permit has been suspended within the preceding 12 months; or

(3) It determines that the employee permittee has committed multiple infractions of this article.

(b) The city shall revoke an adult-oriented entertainer permit if it determines that:

(1) An employee permittee gave false or misleading information in the material submitted during the application process.

(2) The employee permittee has committed a specified criminal act during the time which he is permitted to work or perform as an adult-oriented business employee.

(c) When the city revokes an employee permit, the revocation shall continue for one year, and the employee permittee shall not be issued an employee permit for one year from the date the revocation became effective. If, subsequent to revocation, the city finds that the basis for the revocation has been corrected or abated, the applicant may be granted a permit if at least 90 days have elapsed since the date the revocation became effective.

(d) The city shall follow the procedures set forth in section 30-220 before revoking an employee permit pursuant to this section.

(Code 1959, § 14.5-13; Ord. No. 3873, § 3 (part))