Redwood City Municipal Code Art. II Application and Permits

Every person who proposes to maintain, operate or conduct a sexually oriented business in the City shall file an application for a sexually oriented business regulatory permit with the Zoning Administrator upon a form provided by said Administrator, and shall pay a nonrefundable filing fee in an amount established by resolution adopted by the Council. The sexually oriented business regulatory permit required under this Article shall be in addition to all other permits required by the City.

(Ord. No. 2141, § 2, 5-11-1998)

A. Sexually oriented business regulatory permit 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 eighteen (18) years of age or older.

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.

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.

4. If the applicant is an individual, he or she shall sign the application. If the applicant is a business entity, the application shall be signed by an officer of said entity authorized to sign for and on behalf thereof.

5. If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, the applicant shall state the fictitious name of the sexually oriented business and provide proof of registration of the fictitious name.

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

7. The address to which notices regarding the application shall be mailed.

8. The names of all employees, independent contractors, and other persons who will perform at the sexually oriented business, and who shall be required by Section 18B.9 of this Article to obtain a sexually oriented business performer permit.

9. A floor plan showing the interior configuration of the premises, including a statement of the total floor area occupied by the sexually oriented business. The floor plan need not be professionally prepared, but must be drawn to a designated scale (1′ = ¼″) or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches (±6″).

10. A plat and straight-line drawing prepared within thirty (30) days prior to filing the application depicting the building and the portion thereof to be occupied by the sexually oriented business, and: a) the primary entrance of any other sexually oriented business within one thousand feet (1,000′) of the primary entrance of the proposed sexually oriented business for which a permit is requested; and b) the property lines of any church, of the school, park, residential zone or use within one thousand feet (1,000′) of the property lines on which the sexually oriented business is proposed to be located.

11. A site plan showing the off-street parking areas of, and entries to the sexually oriented business and showing the location of the lighting system required by subsection 18B.13C of this Chapter.

B. If the Zoning Administrator determines that the application is not complete, the Zoning Administrator shall notify the applicant in writing of such deficiencies and of the requirement to complete the application within ten (10) days of the date of said notice. Upon request of the applicant, the Zoning Administrator may grant the applicant an additional ten (10) days to complete the application.

(Ord. No. 2141, § 2, 5-11-1998)

A. Upon receipt of a completed application and payment of the applicable fees, the Zoning Administrator shall, within thirty (30) days of receipt thereof, grant or deny the application in accordance with the provisions of subsection B of this Section. If the application is denied, the Zoning Administrator shall advise the applicant in writing of the reasons for said denial and of the applicant's right to an appeal of said decision pursuant to Section 18B.12 of this Article. Upon granting an application, the Zoning Administrator shall issue the applicant a sexually oriented business regulatory permit. Notification of the determination of the Zoning Administrator shall be in writing and given personally or by depositing the same with the United States Mail Service, first-class postage prepaid, addressed to the applicant at the address stated in the application.

B. The Zoning Administrator shall grant the application and issue the sexually oriented business regulatory permit upon finding that: 1) the proposed business conforms to the requirements of article 27 (Sexually Oriented Businesses) of Ordinance No. 1130, as amended, the Zoning Ordinance of the City; and 2) the proposed business conforms to all other requirements, standards, and specifications of Section 18B.13 of this Chapter. The Zoning Administrator shall deny the application for any one or more of the reasons set forth in Section 18B.7 of this Article.

C. Upon issuance of a sexually oriented business regulatory permit, the permittee may commence operation of said business, subject to compliance with the provisions of said permit and this Chapter. The permittee shall post the regulatory permit conspicuously in the sexually oriented business premises.

D. Each sexually oriented business regulatory permit shall expire one year from the date of issuance, and may be renewed only by filing with the Zoning Administrator 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. No. 2141, § 2, 5-11-1998)

The Zoning Administrator shall deny the application for any of the following reasons:

A. The building, structure, or equipment proposed to be used for or in connection with the sexually oriented business does not comply with the requirements of Section 18B.13 of this Chapter, or the requirements and standards of applicable health, fire, building, zoning, and safety laws of the City.

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 fact in the application for a sexually oriented business regulatory permit.

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

D. The required application fee has not been paid.

E. The proposed sexually oriented business does not conform with the requirements of article 27 (Sexually Oriented Businesses) of Ordinance No. 1130, as amended, the Zoning Ordinance of the City.

(Ord. No. 2141, § 2, 5-11-1998)

A. A sexually oriented business shall not be operated at any location other than that permitted under the sexually oriented business regulatory permit.

B. A permittee shall not transfer ownership or control of a sexually oriented business, or transfer a sexually oriented business regulatory permit to another person unless and until the proposed transferee has applied for, and been issued a sexually oriented business regulatory permit in accordance with the provisions of this Article, which permit shall replace and supersede the transferor's permit.

C. Any attempt to transfer a sexually oriented business regulatory permit, either directly or indirectly, in violation of this Chapter is hereby declared void, and the permit shall be deemed revoked.

(Ord. No. 2141, § 2, 5-11-1998)

A. No person shall engage in or participate in any live performance as a performer, or perform any of the activities included in the definition of a performer, without a valid sexually oriented business performer permit issued by the Zoning Administrator. All persons who have been issued a sexually oriented business regulatory permit shall supplement the information provided as part of the application for the permit required by Section 18B.4 of this Article, with the names of all performers required to obtain a sexually oriented 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 sexually oriented business regulatory permit.

B. Applications for a sexually oriented business performer permit shall be made on forms provided by the Zoning Administrator, contain the following information, and be accompanied by the following documents:

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

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

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

4. The applicant's current residence address and telephone number;

5. Whether the applicant has ever been convicted of:

a. 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.

b. The equivalent of the aforesaid offenses outside the State.

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. 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;

7. The applicant's 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. The applicant shall pay any fees for the photographs and fingerprints;

10. If the application is made for the purpose of renewing a performer permit, the applicant shall attach a copy of the prior permit.

C. A nonrefundable application fee in an amount established by resolution of the Council, shall be paid upon submission of the completed application.

D. If the Zoning Administrator determines that the applicant has not completed the application in accordance with the foregoing requirements, the Zoning Administrator shall notify the applicant in writing of such deficiencies and of the requirement to complete the application within ten (10) days of the date of said notice. Upon request of the applicant, the Zoning Administrator may grant the applicant an additional ten (10) days to complete the application.

(Ord. No. 2141, § 2, 5-11-1998)

A. The Zoning Administrator shall grant the application and issue the sexually oriented business performer permit unless the application is denied for one or more of the reasons set forth in subsection C of this Section.

B. If the Zoning Administrator grants the application or if the Zoning Administrator neither grants nor denies the application within five (5) days after it has been submitted (except as provided in subsection 18B.9D of this Article), the applicant may commence performing as a performer.

C. The Zoning Administrator 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 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 sexually oriented business performer 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 subsection 18B.9B5 of this Article or convicted of an offense outside the State that would have constituted any of the described offenses if committed within the State. 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.

D. Each sexually oriented business performer permit shall expire one year from the date of issuance and may be renewed only by filing with the Zoning Administrator 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. If the request is made less than thirty (30) days before the expiration date, the expiration of the permit shall not be stayed. Applications for renewals shall be acted on as provided herein for applications for permits.

(Ord. No. 2141, § 2, 5-11-1998)

A sexually oriented business regulatory permit or sexually oriented business performer permit may be suspended or revoked in accordance with the provisions of this Section.

A. On determining that grounds for suspension or revocation of a permit exist, the Zoning Administrator or Police Chief shall furnish written notice of hearing on the proposed suspension or revocation to the permittee. Such notice shall set forth the time, date and place of the hearing, and the ground or grounds upon which the proposed suspension or revocation is based, together with a brief statement of the factual matters in support thereof. The notice shall be delivered personally, or mailed by depositing the same with the United States Postal Service, first class postage prepaid, addressed to the last known address of the permittee, not less than ten (10) days prior to the hearing date.

A hearing officer appointed by the City Manager, who shall not be the Zoning Administrator or Police Chief, shall preside at the hearing. The hearing officer shall hear testimony offered on behalf of the permittee and the Zoning Administrator or Police Chief, as the case may be. Formal rules of evidence shall not govern the proceedings, and any relevant evidence which is of the sort upon which reasonable persons are accustomed to rely shall be admissible. The hearing officer shall make his or her determination upon the proposed suspension or revocation within ten (10) days of the conclusion of the hearing. The hearing officer may deny the proposed suspension or revocation, in which case the permit shall remain in full force and effect, or the hearing officer may suspend or conditionally suspend the permit, or revoke or conditionally revoke the permit. Any suspension shall state the term thereof.

The decision of the hearing officer may be appealed pursuant to Section 18B.12 of this Article.

B. A permit may be suspended or conditionally suspended, or revoked or conditionally revoked, for any of the following causes:

1. Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation;

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

3. Any conduct constituting a criminal offense that requires registration under section 290 of the California Penal Code;

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

5. 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;

6. Any conduct prohibited by this Chapter;

7. Failure to comply with any conditions of a permit or conditions pertaining to a prior suspension or revocation of a permit.

(Ord. No. 2141, § 2, 5-11-1998; Ord. No. 2163, § 2, 6-28-1999)

All decisions of the Zoning Administrator or Police Chief, as the case may be, to issue, renew, deny, suspend or revoke a permit shall become final within thirty (30) calendar days from the date of the decision. After any denial, suspension or revocation, the applicant or permittee may seek prompt judicial review of such decision in any court of competent jurisdiction as provided by law. Notwithstanding the applicant's or permittee's right to initiate judicial review, the City shall, upon written request of an aggrieved applicant or permittee, within three (3) business days of receipt of the request, file an action with a court of competent jurisdiction seeking declaratory and injunctive relief, including temporary and preliminary relief, as to the propriety of the denial, suspension or revocation.

If the City denies an initial or renewal application for a permit, or suspends or revokes a permit, and the aggrieved applicant or permittee commences a legal action to determine the validity of the denial, or files a written request in the manner set forth herein that the City commence such action, then the City shall issue a temporary permit and the City's denial shall be stayed. The temporary permit shall remain in effect only until the court in which the action is pending renders a decision on an application for a temporary restraining order, a motion for preliminary injunction, or otherwise rules, either preliminarily or finally, upon the propriety of the permit denial. Upon whichever such ruling occurs first, the stay of the denial shall expire and the City shall conform its action to the court's ruling.

A temporary permit issued pursuant to this Section shall not grant any vested or permanent rights to the permittee, or any right to the permit subject to judicial review.

(Ord. No. 2141, § 2, 5-11-1998; Ord. No. 2163, § 3, 6-28-1999)