San Bernardino County Municipal Code Ch. 28 Adult Business Performer License

The definitions for this Chapter shall be governed by the definitions found in § 810.01.030(m) of the County Development Code unless otherwise stated.

(Ord. 4239, passed - -2014; Am. Ord. 4379, passed - -2020)

It is the purpose and intent of this Chapter to provide for the licensing of adult business performers in order to promote the health, safety, and general welfare of the County. The goals of the performer licensing provisions are (a) to protect minors by requiring that all performers be over the age of 18 years; (b) to assure the correct identification of persons performing in adult businesses; (c) to enable the County Sheriff to deploy law enforcement resources effectively; and (d) to detect and discourage the involvement of crime in adult businesses by precluding the licensing of performers with certain sex-related convictions within a prior time period. It is neither the intent nor the effect of these regulations to invade the privacy of performers or to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of these regulations to restrict or deny access by adults to communicative materials or to deny access by the distributors or exhibitors of adult businesses to their intended lawful market. Nothing in these regulations is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any County ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof.

(Ord. 4239, passed - -2014; Am. Ord. 4379, passed - -2020)

(a) No performer/adult cabaret dancer shall be employed, hired, engaged, or otherwise retained in an adult business, legally established pursuant to Chapter 85.21 of Division 5 of Title 8 (Development Code) of the San Bernardino County Code, to participate in or give any live performance displaying “specified anatomical areas” or “specified sexual activities” without first having a valid adult business performer license issued by the County.

(b) The responsible department shall grant, deny, and renew adult business performer licenses in accordance with these regulations.

(c) License applicants shall file a written, signed, and verified application or renewal application on a form provided by the responsible department. Such application shall contain the following information:

(1) The license applicant’s legal name and any other names (including “stage names” and aliases) used by the applicant.

(2) Principal place of residence.

(3) Age, date and place of birth.

(4) Height, weight, hair and eye color, and tattoo descriptions and locations.

(5) Each present and/or proposed business address(es) and telephone number(s) of the establishments at which the applicant intends to work.

(6) Driver’s license or identification number and state of issuance.

(7) Satisfactory written proof that the license applicant is at least 18 years of age.

(8) Verification that the applicant has submitted a completed Livescan form and two, color two-by-two inch photographs clearly showing the applicant’s face to the San Bernardino County Sheriff’s Department. Any fees for the photographs and fingerprints shall be paid by the applicant. Fingerprints and photographs shall be taken within six months of the date of application.

(9) Whether the license applicant has pled guilty or nolo contendere or been convicted of an offense classified by this or any other state as a sex related offense including crimes involving moral turpitude, prostitution, or obscenity subject to the time periods established in § 85.21.020(c)(4)(A), (B), and (C).

(10) If the application is made for the purpose of renewing a license, the license applicant shall attach a copy of the license to be renewed.

(d) The information provided above in Subdivision (c) of this Section which is personal, private, confidential or the disclosure of which could expose the applicant to the risk of harm will not be disclosed under the California Public Records Act or the open government ordinance. Such information includes, but is not limited to, the applicant’s residence address, telephone number, date of birth, age, and driver’s license. The Board of Supervisors in adopting the application and licensing and/or permit system set forth herein has determined in accordance with Government Code § 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this Chapter by ensuring that the applicant’s privacy, confidentiality or security interests are protected. The above-mentioned information shall be redacted from any copy of a completed application form made available to any member of the public.

(e) The completed application shall be accompanied by a non-refundable application fee and an annual license fee. The amount of such fees shall be as set forth in the schedule of fees established by ordinance from time to time by the Board of Supervisors.

(f) The completeness of an application shall be determined within 24 business hours by the responsible department. The responsible department or his or her designee must be available during normal working hours Monday through Friday to accept adult business performer license applications. If the responsible department determines that the application is incomplete, the responsible department shall immediately inform the applicant of such fact and the reasons therefor, including identifying any additional information necessary to render the application complete. Upon receipt of a completed adult business performer license application and payment of the license fee specified in Subdivision (e) of this Section, the responsible department shall immediately issue a temporary license which shall expire of its own accord 20 business days from the date of issuance and shall only be extended as provided in § 41.2804.

(g) This temporary adult business performer license shall authorize the license applicant to commence performance at an adult business establishment that possesses a valid adult business regulatory permit authorized to provide live entertainment.

(h) The fact that a license applicant possesses other types of State or city permits or licenses does not exempt the license applicant from the requirement of obtaining an adult business performer license.

(Ord. 4239, passed - -2014; Am. Ord. 4379, passed - -2020)

(a) Upon submission of a completed application, payment of license fees, and issuance of a temporary adult business performer license pursuant to § 41.2803, the responsible department shall immediately stamp the application “Received” and in conjunction with County staff, including members of the Sheriff’s Department, shall promptly investigate the information contained in the application to determine whether the license applicant should be issued an adult business performer license.

(b) Investigation shall not be grounds for the County to unilaterally delay in reviewing a completed application. The responsible department’s decision to grant or deny the adult business performer license shall be made within 20 business days from the date the temporary license was issued and in no case shall the decision to grant or deny the license application be made after the expiration of the temporary license. In the event the responsible department is unable to complete the investigation within 20 business days, the responsible department shall promptly notify the license applicant and extend the temporary license for up to 20 additional days. In no case shall the investigation exceed 40 days to allow sufficient time for the LiveScan result, nor shall the decision to grant or deny the license application be made after the expiration of the temporary license.

(c) The responsible department shall render a written decision to grant or deny the license within the time period set forth in Subdivision (b) of this section. Said decision shall be mailed first class postage prepaid or hand delivered to the applicant within the foregoing 20-day period, or 40-day period if extended pursuant to Subdivision (b) of this Section, at the address provided by the applicant in the application.

(d) The responsible department shall notify the applicant as follows:

(1) The responsible department shall write or stamp “Granted” or “Denied” on the application and date and sign such notation.

(2) If the application is denied, the responsible department shall attach to the application a statement of the reasons for the denial. Such notice shall also provide that the license applicant may appeal the denial pursuant to § 41.2805.

(3) If the application is granted, the responsible department shall attach to the application an adult business performer license.

(4) The application, as acted upon, and the license, if any, shall be placed in the United States mail, first class postage prepaid, or hand delivered, addressed to the license applicant at the residence address stated in the application in accordance with the time frames established herein.

(e) The responsible department shall grant the application and issue the license unless the application is denied based on one of the grounds set forth in Subdivision (f) of this section.

(f) The responsible department shall deny the application based on any of the following grounds:

(1) The license applicant has made false, misleading, or fraudulent statement of material fact in the application for an adult business performer license.

(2) The license applicant is under 18 years of age.

(3) The adult business performer license is to be used for performing in a business prohibited by laws of the State or County or a business that does not have a valid adult business regulatory permit.

(4) The license applicant, has pled guilty, nolo contendere or been convicted of an offense classified by this or any other state as a sex related offense including crimes involving moral turpitude, prostitution, or obscenity subject to the time periods established in § 85.21.020(c)(4)(A), (B), and (C).

(g) Failure of the responsible department to render a decision on the license within the time frames established by this Section shall be deemed to constitute an approval.

(h) Each adult business performer license, other than the temporary license described in § 41.2803, shall expire one year from the date of issuance and may be renewed only by filing with the responsible department a written request for renewal, accompanied by the annual license fee and a copy of the license to be renewed. If said application conforms to the previously approved application and there has been no change with respect to the license holder being convicted of any crime classified by this or any other state as a sex-related offense and no other grounds exist under Subdivision (f) of this Section, the responsible department or his or her designee shall renew the license for one year. If any ground set forth in Subdivision (f) of this section exists, then the license shall not be automatically renewed and the notice, including notice of right to appeal, shall be provided as set forth in Subdivision (d)(2) of this Section. The request for renewal shall be made at least 30 days before the expiration date of the license. Applications for renewal shall be acted upon as provided herein for action upon applications for license. The responsible department’s denial of a renewal application is subject to the provisions of § 41.2805.

(Ord. 4239, passed - -2020; Am. Ord. 4379, passed - -2020)

(a) On determining that grounds for denial of a license, denial of a license renewal, license revocation or license suspension exist, the responsible department shall furnish written notice of the proposed action to the applicant/license holder.

(b) The decision of the responsible department shall be appealable to a designated hearing officer by filing a written request for a hearing with the responsible department within 15 days following the day of mailing of the responsible department’s decision. All such appeals shall be filed with the responsible department and shall be public records. The responsible department shall issue a notice which shall set forth the time and place of a hearing before a designated hearing officer which is within 30 days from the date the appeal was filed and the ground or grounds upon which the proposed action is based, the pertinent San Bernardino County Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the applicant/license holder, or shall be delivered to the license holder personally, at least ten days prior to the hearing date.

(c) At the hearing, the applicant/license holder shall have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues and may be represented by counsel. The designated hearing officer shall not be bound by the formal rules of evidence. Any hearing under this Section may be continued for a reasonable time for the convenience of a party or a witness at the request of the license holder. Extensions of time or continuances sought by a license holder/appellant shall not be considered delay on the part of the County or constitute failure by the County to provide for prompt decisions on license suspensions or revocations.

(d) An application for a license or license renewal may be denied or a license may be revoked or suspended, based on any of the following causes arising from the acts or omissions of the applicant/license holder:

(1) The applicant/license holder has made any false, misleading, or fraudulent statement of material fact in the application for a performer license.

(2) The applicant/licensee has pled guilty, nolo contendere or been convicted of an offense classified by this or any other state as a sex-related offense including crimes involving moral turpitude, prostitution, or obscenity subject to the time periods established in § 85.21.020(c)(4)(A), (B), and (C).

(3) Failure to comply with the requirements of this Chapter.

(e) After holding the hearing in accordance with the provisions of this Section, if the designated hearing officer finds and determines that there are grounds for the denial of the application or revocation or suspension of the license, the hearing officer shall deny the application or revoke or suspend the license. The hearing officer shall render a written decision that shall be hand delivered or overnight mailed to the applicant/license holder within four business days of the hearing. The designated hearing officer’s failure to render such a decision within this time frame shall constitute an approval of the application or a reinstatement of the license.

(f) In the event an application for a license or renewal is denied or a license is revoked pursuant to this Section, another adult business performer license shall not be granted to the applicant/licensee within 12 months after the date of such decision.

(g) The decision of the hearing officer shall be final and no further administrative appeal is available.

(h) The time for a court challenge to a decision of the hearing officer is governed by Code of Civil Procedure § 1094.8.

(i) Notice of the responsible department’s or hearing officer’s decision and the findings shall include citation to Code of Civil Procedure § 1094.8.

(j) Any applicant or license holder whose license has been denied, suspended, or revoked, pursuant to this section shall be afforded prompt judicial review of that decision as provided by Code of Civil Procedure § 1094.8.

(Ord. 4239, passed - -2014; Am. Ord. 4379, passed - -2020)

The responsible department shall provide each performer/adult cabaret dancer required to have a license pursuant to this Chapter with an identification card containing the name, address, photograph, and license number of such performer/adult cabaret dancer. Every performer/adult cabaret dancer shall have such card available for inspection at all times during which he or she is on the premises of the adult business at which he or she performs.

(Ord. 4239, passed - - 2014; Am. Ord. 4379, passed - -2020)

No adult business performer license may be sold, transferred, or assigned by any license holder or by operation of law, to any other person, group, partnership, corporation, or any other entity. Any such sale, transfer, or assignment, or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of the adult business performer license, and the license thereafter shall be null and void.

(Ord. 4239, passed - -2014; Am. Ord. 4379, passed - -2020)

(a) Any license holder violating or causing the violation of any of these provisions regulating adult business performer licenses shall be subject to license revocation/suspension pursuant to § 41.2805 above, a fine of not more than $1,000.00 pursuant to Government Code §§ 25132 and 53069.4, and any and all other civil remedies. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.

(b) In addition to the remedies set forth in § 41.2805, any violation of any of these provisions regulating adult business performer licenses is hereby declared to constitute a public nuisance and may be abated or enjoined.

(c) The restrictions imposed pursuant to this Section are part of a regulatory licensing process, and do not constitute a criminal offense. Notwithstanding any other provision of the San Bernardino County Code, the County does not impose a criminal penalty for violations of the provisions of this Chapter related to sexual conduct or activities.

(Ord. 4239, passed - -2014; Am. Ord. 4379, passed - -2020)

The provisions of this Chapter regulating adult business performer licenses are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the licensing provisions as adopted by the County Board of Supervisors.

(Ord. 4239, passed - -2014; Am. Ord. 4379, passed - -2020)

This Chapter and each Section and provision of said Chapter hereunder, are hereby declared to be independent divisions and subdivisions and, not withstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provisions of said Chapter, or the application thereof to any person or circumstance is held to be invalid, the remaining Sections or provisions and the application of such Sections and provisions to any person or circumstances other than those to which it is held invalid, shall not be affected thereby, and it is hereby declared that such Sections and provisions would have been passed independently of such Section or provision so known to be invalid. Should any procedural aspect of this Chapter be invalidated, such invalidation shall not affect the enforceability of the substantive aspects of this Chapter.

(Ord. 4239, passed - -2014; Am. Ord. 4379, passed - -2020)