Santa Ana Municipal Code § 12-122 Figure model studio permit required

As used in this article:

(a) Person means any natural person, firm, partnership, corporation or association.

(b) Figure model studio means any premises where there is conducted the business of furnishing, providing or procuring figure models who pose for the purpose of being observed, conversed with or viewed by any person or of being sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted in the nude or seminude for persons who pay a fee or other consideration, compensation or gratuity for the right or opportunity to converse with or so depict a figure model or for admission to or for permission to remain upon or as a condition of remaining upon the premises.

(c) Figure model means any person who poses to be observed, viewed, conversed with, sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted.

(d) Nude or seminude means completely without clothing or covering, or with partial clothing or covering with any pubic area exposed or with any portion of the crease of the buttocks exposed, or the exposing of any portion of either breast at or below the areola, or the wearing of any type clothing so that those portions of the aforedescribed anatomy may be observed.

(Ord. No. NS-1334, § 1, 12-20-76)

The words "figure model studio" do not include:

(a) Any studio which is operated by any state college or public junior college or school wherein the person. operating it has met the requirements established in Section 21 of the Education Code for the issuance or conferring of and is, in fact, authorized thereunder to issue and confer a diploma or honorary diploma; or

(b) Any studio which is a part of an institution receiving financial support in whole or in part through contributions of the federal or any state, county or city governments; or

(c) Any premises where there is conducted the business of furnishing, providing, or procuring figure models solely for any studio described in paragraphs (a) and (b) of section 12-121.

(Ord. No. NS-1334, § 1, 12-20-76)

It shall be unlawful for any person to engage in, conduct or carry on, in or upon any premises within the City of Santa Ana, the business of a figure model studio without a permit issued pursuant to the provisions of this article for each and every such figure model studio.

(Ord. No. NS-1334, § 1, 12-20-76)

(a) Any person desiring to obtain a permit to operate a figure model studio shall make application to the chief of police or his designated representative. Prior to submitting such application a nonrefundable fee established by resolution of the city council shall be paid to the department of finance to defray, in part, the costs of investigation and report required by this article. The department of finance shall issue a receipt showing that such permit application fee has been paid. The receipt, or a copy thereof, shall be supplied to the chief of police at the time such application is submitted.

(b) The application for permit does not authorize conducting a figure model studio until such permit has been granted.

(c) Each applicant for a figure model studio permit shall furnish the following information:

(1) The full true name and any other names used by the applicant.

(2) The present address and telephone number of the applicant.

(3) The previous addresses of the applicant, if any, for a period of three (3) years immediately prior to the date of the application and the dates of residence at each.

(4) Acceptable written proof that the applicant is at least eighteen (18) years of age.

(5) The applicant's height, weight, color of eyes and hair and date of birth.

(6) Two (2) photographs of the applicant at least two (2) inches by two (2) inches taken within the last six (6) months.

(7) Business, occupation or employment history of the applicant for the three (3) years immediately preceding the date of application.

(8) The business license history of the applicant and whether such applicant, in previously operating in this or any other city, state or territory under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation.

(9) All convictions, including ordinance violations, exclusive of traffic violations, stating the dates and places of any such convictions.

(10) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation, and the names and addresses of each of its current officers and directors, and of each stockholder holding more than five (5) percent of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the name, residence address and dates of birth of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the county clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated person shall complete and sign all application forms required of an individual applicant under this ordinance, but only one application fee shall be charged.

(11) The name and address of the owner and lessor of the real property upon which the business is to be conducted, and a copy of the lease or rental agreement.

(12) Such other identification and information as the police department may require in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application.

(13) The chief of police may require the applicant to furnish fingerprints when needed for the purpose of establishing identification.

(d) The applicant, if an individual, or designated responsible managing officer, if the applicant is a partnership or corporation, shall personally appear at the police department of the City of Santa Ana and produce proof that the required application fee has been paid and shall present the application containing the aforementioned and described information.

(e) The chief of police shall have thirty (30) calendar days in which to investigate the application and background of the applicant. The chief of police or his representative shall render a recommendation as to the approval or denial of the permit to the city manager. The department of building safety and housing, the fire department, and the Orange County Health Department shall inspect the premises proposed to be devoted to the figure model studio and shall make separate recommendations to the city manager concerning compliance with applicable laws. The proprietor of such establishment shall pay a fee established by resolution of the city council to the county health officer as reimbursement for the county health officer's public health and sanitation services for said inspection.

(f) The city manager, after receiving the application and aforementioned recommendations, shall grant the permit if he finds:

(1) The required fee has been paid.

(2) The application conforms in all respects to the provisions of this article.

(3) The applicant has not knowingly made a material misrepresentation in the application.

(4) The applicant, if an individual, or any of the stockholders of the corporation, any officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not, within five (5) years prior to the application filing date been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code Section 290, or of conduct which is a violation of the provisions of California Penal Code Sections 314, 315, 316, 318 647(a), 647(b), 647(d) or 647(h), or convicted in any other state for an offense which, if committed in this state, would have been punishable as one or more of the aforementioned offenses, or any crime involving dishonesty, fraud, deceit, or moral turpitude.

(5) The applicant has not had a figure modeling studio permit or model permit or other similar license or permit denied or revoked for cause by this city or any other city located in or out of this state within the five (5) years prior to the date of application.

(6) The figure model studio as proposed by the applicant would comply with all applicable laws, including but not limited to, health, zoning, fire and building safety requirements and standards.

(7) The applicant is at least eighteen (18) years of age.

(g) Any person, corporation or partnership denied a permit by the city manager pursuant to these provisions may appeal such decision pursuant to Chapter 3 of the Santa Ana Municipal Code.

(Ord. No. NS-1334, § 1, 12-20-76; Ord. No. NS-1336, § 1, 12-28-76; Ord. No. NS-2361, § 2, 7-20-98)

It shall be unlawful for any person to act as a figure model in any figure model studio as defined unless such person holds a valid permit issued by the city of Santa Ana pursuant to the provisions of this article.

(Ord. No. NS-1334, § 1, 12-20-76)

(a) Any person desiring to obtain a permit to act as a figure model shall make application to the chief of police or his designated representative. Prior to submitting such application a nonrefundable fee established by resolution of the city council shall be paid to the department of finance to defray, in part, the cost of investigation and report required by this ordinance. The department of finance shall issue a receipt showing that such permit application has been paid. The receipt, or copy thereof, shall be supplied to the chief of police at the time such application is submitted.

(b) The application for permit does not authorize acting as a figure model until such permit has been granted.

(c) Each applicant for a figure model permit shall furnish all the information required by section 12-123(c) (1) through (9) of this article, and shall in addition furnish the following information:

(1) The figure model studio, if any, at which the applicant expects to be employed.

(2) Such other identification and information as the police department may require in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application.

(3) The chief of police may require the applicant to furnish fingerprints when needed for the purpose of establishing identification.

(d) The chief of police shall have thirty (30) calendar days in which to investigate the application and background of the applicant. The chief of police or his representative shall render a recommendation as to the approval or denial of the permit to the city manager.

(e) The city manager, after receiving the application and aforementioned recommendation, shall grant the permit if he finds in accordance with section 12-123(f).

(f) Any person denied a permit by the city manager pursuant to these provisions may appeal such decision pursuant to Chapter 3 of the Santa Ana Municipal Code.

(Ord. No. NS-1334, § 1, 12-20-76; Ord. No. NS-1336, § 2, 12-28-76; Ord. No. NS-2361, § 2, 7-20-98)

Every person operating a figure model studio shall maintain facilities meeting the following minimum requirements:

(a) Sign. Subject to applicable ordinances, a recognizable and legible sign shall be posted at the main entrance identifying the establishment as a figure model studio.

(b) Lighting. Minimum lighting shall be provided in accordance with Article 220 of the National Electrical Code, and, in addition, at least one artificial light of not less than forty (40) watts shall be provided in each room or enclosure where figure modeling services are performed.

(c) Ventilation. Minimum ventilation shall be provided in accordance with Section 1105 of the Uniform Building Code.

(d) Compliance with Code. Proof of compliance with all applicable provisions of the Santa Ana Municipal Code shall be provided by the person(s) operating such figure model studio.

(Ord. No. NS-1334, § 1, 12-20-76)

Every person operating a figure model studio shall comply with the following operating requirements. These requirements shall be prominently and publicly displayed by the person(s) operating such figure model studio in a conspicuous place upon every premises operating under the provisions of this article:

(a) Each person employed or acting as a figure model shall have a valid permit issued by the City of Santa Ana, and it shall be unlawful for any owner, operator, responsible managing employee, manager or permittee in charge of or in control of the studio to employ or permit a person to act as a figure model as defined in this Code who is not in possession of a valid unrevoked figure model permit.

(b) Figure model services shall be carried on, and the premises shall be open, only between the hours of 7:00 a.m. and 12:00 mid

(c) The figure model permit, and a copy of the permit of each and every figure model employed in the studio, shall be displayed in an open and conspicuous place on the premises.

(d) No person shall enter, be or remain, in any part of a figure model studio while in the possession of, consuming, or using any alcoholic beverage or drug except pursuant to a prescription for such drug. The owner, operator, responsible managing employee, manager or permittee shall not permit any such person to enter or remain upon such premises.

(e) No figure model studio shall operate as a massage establishment or school of massage, or use the same facilities as that of a massage establishment or school of massage, except as provided below. The nonconforming use of figure model studios as massage establishments or school of massage, existing on or before December 1, 1976, may be continued, but shall be discontinued on or before January 1, 1979.

(Ord. No. NS-1334, § 1, 12-20-76; Ord. No. NS-1336, § 3, 12-28-76)

(a) Upon the sale or transfer of any interest in a figure model studio, the permit shall be null and void. A new application shall be made by any person desiring to own or operate the figure model studio. A fee established by resolution of the city council shall be payable for each such application involving sale or other transfer of any interest in an existing figure model studio. The provisions of section 12-123 of this chapter shall apply to any person applying for a figure model studio permit for premises previously used as such studio.

(b) Any such sale or transfer of any interest in an existing figure model studio or any application for an extension or expansion of the building or other place of business of the figure model studio, shall require inspection and shall require compliance with section 12-126 of this article.

(Ord. No. NS-1334, § 1, 12-20-76; Ord. No. NS-1336, § 4, 12-28-76)

(a) A change of location of any of the aforementioned and described premises may be approved by the chief of police and the director of planning, provided all ordinances and regulations of the City of Santa Ana are complied with and a change of location fee as established by resolution of the city council is deposited with the city.

(b) No permittee shall operate under any name or conduct any establishment under any designation not specified in his permit.

(Ord. No. NS-1334, § 1, 12-20-76; Ord. No. NS-1336, § 5, 12-28-76)

No person operating a figure model studio shall permit conditions to exist whereby the interior portions of said figure model studio shall be visible from the outside of the premises.

(Ord. No. NS-1334, § 1, 12-20-76)

Every person operating a figure model studio shall maintain a record file of all figure models employed by him or using the premises. This file shall contain the true names and all aliases used by the figure model, age, birth date, height, weight, color of hair and eyes, home address, and phone numbers, date of employment and termination. Inactive file cards shall be maintained on the premises for a period of one year following termination of employment. Such persons shall make all records immediately available upon demand of any law enforcement officer.

(Ord. No. NS-1334, § 1, 12-20-76)

(a) It shall be unlawful for any person to pose as a figure model for the purposes of being observed, sketched, painted, sculptured, photographed or otherwise similarly depicted in the nude or seminude in such a manner that the average person, applying contemporary community standards would find that the activities, as a whole, appeal to the prurient interest, depict in a patently offensive way, sexual conduct specifically defined by applicable state law and lacks serious literary or artistic value. Any violation of this provision shall be deemed grounds for the revocation of the permit granted hereunder.

(b) It shall be unlawful for any operator of a figure model studio to violate the provisions of section 12-122, 12-126, 12-127, 12-129, 12-130, or 12-131 of this article.

(c) It shall be unlawful for any figure model to violate the provisions of section 12-124 or to act as a figure model in any figure model studio which does not have a license therefor as required by section 12-122.

(d) Any person violating the provisions of section 12-132(a), (b), or (c) shall be guilty of a misdemeanor.

(Ord. No. NS-1334, § 1, 12-20-76)

When the city manager finds that any person holding a permit under the provisions of section 12-123 or 12-125 has violated the provisions of this article he may revoke the permit. No such revocation shall become effective until the permit holder has been notified in writing by certified mail of his right to appeal the revocation decision pursuant to the provisions of Chapter 3 of this Code. If a timely appeal is filed, the revocation shall be effective only upon decision of the city council. Otherwise the revocation shall become effective after the timely appeal period has passed.

(Ord. No. NS-1334, § 1, 12-20-76)

Any figure model studio operated, conducted or maintained contrary to provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal or enjoinment thereof in the manner provided by law; and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such figure model studio and restrain and enjoin any person from operating, conducting or maintaining a figure model studio contrary to the provisions of this chapter.

(Ord. No. NS-1334, § 1, 12-20-76)

The provisions of this article shall be applicable to all persons and businesses described herein whether the herein described activities were established before or after the effective date of this article, except that those in business prior to the effective date of this article shall have sixty (60) days from such date to comply with the terms herein.

(Ord. No. NS-1334, § 1, 12-20-76)