Sacramento County Municipal Code Art. 2 Licenses and Permits

It shall be unlawful for any person to own, operate, engage in, conduct, permit, or carry on in any way, an adult-related establishment unless under and by authority of a valid, unexpired and unrevoked Special Business License issued pursuant to the provisions of Chapters 4.02, 4.10, and this chapter.

(SCC 578 § 15, 1983; SCC 1241 § 8, 2003; SCC 1304 § 11, 2005)

Each adult-related establishment shall display the Special Business License in a conspicuous place within the establishment so that the same may be readily seen by persons entering the premises.

(SCC 578 § 15, 1983; SCC 1595 § 38, 2016)

It shall be unlawful for any person to provide any of the following services without possessing a valid, unexpired and unrevoked Employee Permit issued pursuant to the provisions of Chapter 4.10 and this chapter:

A. Act as a manager of an adult-related establishment by supervising or controlling the personnel of such an establishment or the services rendered therein;

B. Act as an escort; or

C. Act as a figure model in a modeling studio.

(SCC 578 § 15, 1983; SCC 1304 § 12, 2005; SCC 1595 § 38, 2016)

In addition to the matters prescribed by Section 4.10.080, an application for an employee permit to provide services identified by Section 4.34.210 shall contain the following:

A. A list of each conviction of the applicant, plea of guilty, or plea of nolo contendere. The list shall, for each such conviction, set forth the date of arrest, the offense charged, and the offense of which the applicant was convicted; and

B. Proof of the age of the applicant.

(SCC 578 § 15, 1983; SCC 1241 § 9, 2003; SCC 1304 § 13, 2005; SCC 1595 § 38, 2016)

Upon receipt of an application for an Employee Permit to act as a manager of an adult-related establishment or an escort or a figure model, the Sheriff shall conduct such investigation pursuant to Section 4.10.085 as is deemed necessary. The Sheriff shall issue the Permit unless the Sheriff finds pursuant to Section 4.10.090 any of the following:

A. That the application fails to contain information required by the Sheriff or Section 4.34.215, or is otherwise incomplete;

B. That information contained in the application is false or otherwise inaccurate;

C. That the applicant has been convicted of a crime and the time for appeal has elapsed, or when an order granting probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under California Penal Code Section 1203.4; or has done any act involving dishonesty, fraud or deceit with intent to substantially benefit him or herself, or another, or substantially injure another; and the Sheriff concludes that by reason of the crime or act the applicant would not perform his or her duties as a manager, escort or figure model in a law-abiding manner or in a manner which does not subject patrons to risk of harm or criminal, deceitful or otherwise unethical practices.

D. Notwithstanding the foregoing, an application shall not be denied solely on the basis that a person has been convicted of a felony if the person has obtained a certificate of rehabilitation under California Penal Code Section 4852.01 et seq., or that the person has been convicted of a misdemeanor if the person has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering the denial of a license under California Penal Code Section 482(a); or

E. That the applicant is under 18 years of age.

(SCC 578 § 15, 1983; SCC 1304 § 14, 2005; SCC 1595 § 38, 2016)

A. An Employee Permit may be suspended or revoked pursuant to Section 4.10.140 upon one or more of the following grounds:

1. Violation of any of the duties, requirements, or prohibitions contained in this chapter;

2. Violation of any of the duties, requirements, or prohibitions set forth in any administrative regulations issued pursuant to Section 4.02.085;

3. Misrepresentation of a material fact contained in the application for the permit;

4. The holder of the permit is under the age of 18 years;

5. The Sheriff has acquired information supporting a finding prescribed by subsection (C) of Section 4.34.220 in relation to the holder of the permit;

6. The Sheriff makes a finding of one or more of the crimes and the conclusion as required by subsection (A) of Section 4.34.230 in relation to the holder of the permit;

7. The holder of the permit has failed to fully cooperate with the Sheriff in the request for supplemental information on the existing permit.

B. The permit shall automatically and without notice be revoked when the permit has been issued to an individual that also holds a General Business License and Special Business License at a particular location, and when such General Business License or Special Business License, or both, has been denied, revoked or terminated. Where the Special Business License has been suspended, the Employee Permit is automatically suspended for the same duration of time as such license.

(SCC 578 § 15, 1983; SCC 1241 § 10, 2003; SCC 1304 § 15, 2005; SCC 1595 § 38, 2016)

In addition to the grounds cited in Sections 4.10.135 and 4.10.100 of Chapter 4.10, a Special Business License for an adult related establishment may be suspended, or revoked, and a renewal application, or application for such license may be denied, if the Sheriff makes the written finding that one or more of the conditions set forth in subsections (A) through (D) of this section:

A. The Sheriff concludes that as a result of the commission of one or more of the following crimes or acts by the applicant or an owner-operator of the adult related establishment, or by a manager, permittee, employee or any person offering or conducting adult related activities at a location under the control of the applicant or owner-operator, and that the applicant or licensee would not conduct the establishment or the service in a law-abiding manner or in a manner which does not subject patrons of the establishment or service to the risk of harm or criminal, deceitful or otherwise unethical practices:

1. Conviction for violation of the California Penal Code for any sexual crime against a person, including but not limited to, conviction of an offense requiring registration under California Penal Code Section 290, or convicted of California Penal Code Sections 266i, 315, 316, 318, subsection (b) of 647, 653.22, or convicted of any other crime involving dishonesty, fraud, deceit, or moral turpitude, or as those sections may hereafter be amended or renumbered, or the conviction of any offense in any other state that is the equivalent of any of the above-mentioned offenses;

2. Conviction for violation of any crime under the Health and Safety Code involving a controlled substance, including but not limited to 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, or conviction of the California Health and Safety Code or the conviction of any offense in any other state that is the equivalent of any of the above-mentioned offenses.

B. Violation of one or more of the provisions of this chapter by an owner-operator of the adult related establishment or by a manager, permittee, employee, or any other person involved in the service of or provision of adult related activities.

C. Violation of any of the duties, requirements or prohibitions on an adult related establishment set forth in any administrative regulations issued pursuant to Section 4.02.085 by the owner-operator of the adult related establishment, or by a manager, permittee, employee, or any other person involved in the services or provision of adult related activities, as applicable.

D. Violation of any conditions imposed on the adult related establishment pursuant to Section 4.10.045 or 4.06.090 or under the provisions of this chapter by the owner-operator of the adult related establishment, a manager, permittee, employee, or any other person involved in the services or provision of adult related activities.

E. The denial of a renewal, a suspension, or revocation, as provided in this subsection shall be tolled and such Special Business License shall continue in full force and effect during the fifteen-day period within which an appeal may be filed of the Special Business License that was suspended, revoked, renewal denied, or terminated, and such tolling shall continue during the pendency of such appeal, if any, and shall continue until the date of final decision by the appellate authority, or other administrative disposition of the appeal, where the appeal is properly filed pursuant to the requirements of this chapter, Chapters 4.02 and 4.10 of this title, as applicable.

F. An owner-operator of an adult related establishment and any person listed in Chapter 4.10.040 subsection (C) of this section, shall be held responsible for the conduct of all persons on the premises, or therefrom, as applicable, that engage in providing the service or provision of adult related activities. Any act or omission of any owner-operator, manager, permittee or employee, or independent contractor, any person listed in Chapter 4.10.040 subsection (C) of this chapter, or any other persons performing or engaged in the service or provision of adult related activities on adult related establishment premises shall be deemed the act or omission of the holder of the Special Business License for purposes of determining whether the Special Business License may be revoked, suspended or denied. Proof of knowledge of any violation of this section shall not be required for purposes of suspension, revocation, or denial of a Special Business License for an adult related establishment.

(SCC 1241 § 11, 2003; SCC 1304 § 16, 2005; SCC 1595 § 38, 2016)