Simi Valley Municipal Code Art. 2 Application and Permits

Every person who proposes to maintain, operate or conduct a sexually oriented business in the City of Simi Valley shall file an application with the Chief of Police upon a form provided by the Chief of Police and shall pay a nonrefundable application fee of One Hundred and no/100ths ($100.00) Dollars (unless that amount is otherwise amended by City Council resolution) at the time of filing the application. An original and two copies of the completed permit application, signed under penalty of perjury, shall be filed with the Chief of Police.

(a) Sexually oriented business regulatory permits are nontransferable, except in accordance with Section 5-8.204. All 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 ever used by applicant (past or present), address and telephone number, and shall submit satisfactory written proof that he or she is at least twenty-one (21) years of age.

(2) If the applicant is a partnership, the partners shall state the partnership's complete names, addresses and telephone numbers, the names of all general partners, including any aliases (past or present), whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.

(3) If the applicant is a corporation, or a limited liability company, the entity shall provide its complete name, the date of its incorporation, or formation, evidence that the entity 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.

(b) If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, only an officer of the business entity or an individual with a ten (10%) percent or greater interest in the business entity shall sign the application. A power of attorney shall not be acceptable in lieu of this requirement.

(c) Past employment history for the prior five (5) years for all applicants and owners.

(d) A current state driver's license number for all applicants and owners.

(e) Whether each applicant and owner has ever been convicted of any of the following:

(1) Every felony and every offense set forth in Sections 266a, 266b, 266c, 266e, 266g, 266h, 266i, 315, 316, 647.6, or 647b of the California Penal Code as those Sections now exist or may hereafter be amended or renumbered; or

(2) The equivalent of the aforesaid offenses outside the State of California.

(f) If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the sexually oriented business and shall show proof of registration of the fictitious name.

(g) The application shall also contain:

(1) A description of the type of sexually oriented business as defined in Section 5-8.102, 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.

(2) The address to which notice of action on the application is to be mailed.

(3) The names of all employees, independent contractors, and other persons at the sexually oriented business who are required by Section 5-8.205 to obtain a sexually oriented business performer permit.

(4) A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the sexually oriented business. The sketch or diagram 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. The diagram shall also include the information required in Section 5-8.301 (h) if the application is for an adult arcade.

(5) A certificate and straight-line drawing prepared within thirty (30) days prior to application depicting the building and the portion thereof to be occupied by the sexually oriented business, and the primary entrance to any other sexually oriented business within 500 feet of the primary entrance of the sexually oriented business for which a permit is requested; and the property line of Oak Park if Oak Park is within 500 feet of any property line of the proposed business.

(6) A diagram of the off-street parking areas and premises entries of the sexually oriented business showing the location of the lighting system required by Section 5-8.301 (c).

(7) The proposed hours of operation of the sexually oriented business.

(8) All applicant's and owner's fingerprints on a form provided by the Police Department, and a color photograph clearly showing the face of each applicant and owner. Any fees for the photographs and fingerprints shall be paid by the applicant and shall not be refundable.

(h) If the Chief of Police determines that the applicant has completed the application improperly, the Chief of Police shall promptly notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of ten (10) days or less to complete the application properly. In addition, the applicant may request an extension, not to exceed ten (10) days of the time for the Chief of Police to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.

(i) 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 a sexually oriented business regulatory permit.

(§ 2, Ord. 932, eff. July 30, 1998)

(a) Upon receipt of a completed application and payment of the application and permit fees, the Chief of Police shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the applicant shall be issued a sexually oriented business regulatory permit.

(b) Within thirty (30) days of receipt of the completed application, the Chief of Police shall complete the investigation, grant or deny the application in accordance with the provisions of this chapter, and so notify the applicant. The decision of the chief of police to issue or deny a permit shall be final.

(1) The Chief of Police shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

(2) If the application is denied, the Chief of Police shall attach to the application a statement of the reasons for denial.

(3) If the application is granted, the Chief of Police shall attach to the application a sexually oriented business regulatory permit.

(4) The application as granted or denied and the permit, if any, shall be placed in the United States mail, first-class postage prepaid, addressed to the applicant at the address stated in the application.

(c) The Chief of Police shall grant the application, and issue the sexually oriented business regulatory permit upon finding that the proposed business meets the locational criteria of Section 5-8.103; and that the applicant has met all of the development and performance standards and requirements of Section 5-8.301, unless the application is denied for one or more of the reasons set forth in Section 5-8.203. The permittee shall post the permit conspicuously in the sexually oriented business premises before commencing operation of the sexually oriented business.

(d) If the Chief of Police grants the application or if the Chief of Police neither grants nor denies the application within thirty (30) days after it is stamped as received, the applicant may begin operating the sexually oriented business for which the permit was sought, subject to strict compliance with the development and performance standards and requirements of Section 5-8.301.

(e) The annual fee for a sexually oriented business is One Hundred and no/100ths ($100.00) Dollars unless otherwise amended by City Council resolution.

(§ 2, Ord. 932, eff. July 30, 1998)

The Chief of Police shall deny the application for any of the following reasons:

(a) The applicant or 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. A material fact is one which if disclosed could have resulted in the denial of the permit.

(b) An applicant is under twenty-one (21) years of age.

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

(d) The sexually oriented business does not comply with the zoning and locational requirements contained in the Simi Valley Municipal Code.

(e) The sexually oriented business is located completely or partially within any mobile structure or pushcart.

(f) The application or the applicant does not meet all of the development and performance standards and requirements of Section 5-8.301.

(g) Any applicant or owner has been convicted of any of the offenses enumerated in Section 5-8.205(d)(5) herein. A permit shall, nevertheless, be issued to any person convicted of the described crimes if the conviction occurred more than five years prior to the date of the application.

Each sexually oriented business regulatory permit shall expire one year from the date of issuance, and may be renewed only by filing with the Chief of Police a written request for renewal, accompanied by the application fee, a copy of the permit to be renewed, and any change in information provided in the original application. The request for renewal shall be made at least thirty (30) days before the expiration date of the permit. If the request for renewal is made no less than thirty (30) days before the expiration date of the permit, the expiration of the permit will be stayed. When made less than thirty (30) days prior to 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.

(§ 2, Ord. 932, eff. July 30, 1998)

(a) A permittee shall not operate a sexually oriented business under the authority of a sexually oriented business regulatory permit at any place other than the address of the sexually oriented business stated in the application for the permit, or under any name except that set forth in the application for the 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 transferee obtains an amendment to the permit from the Chief of Police stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the Chief of Police in accordance with Section 5-8.201, accompanies the application with a nonrefundable transfer fee in the amount of One Hundred and no/100ths ($100.00) Dollars (unless that amount is otherwise amended by City Council resolution) at the time of filing the amendment to the application, and the Chief of Police determines in accordance with Section 5-8.202 that the transferee is entitled to the issuance of an original permit.

(c) No permit may be transferred after the Chief of Police has notified the permittee that the permit has been suspended or revoked or after the Chief of Police has notified the permittee that the permit may be suspended or revoked, until the suspension or revocation proceedings pursuant to Section 5-8.207 have been completed.

(d) Any attempt by a permittee to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and shall be grounds for suspension or revocation of the permit.

(§ 2, Ord. 932, eff. July 30, 1998)

(a) No person shall engage in any live performance in a sexually oriented business without a valid sexually oriented business performer permit issued by the City. The applicant or the holder of the sexually oriented business regulatory permit shall promptly supplement the information provided as part of the application for the permit required by Section 5-8.201, 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) The Chief of Police shall grant, deny or renew sexually oriented business performer permits in accordance with the requirements of this chapter.

(c) The application for a permit shall be made on a form provided by the Chief of Police. An original and two (2) copies of the completed permit application signed under penalty of perjury shall be filed with the Chief of Police.

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

(1) The applicant's legal name and any other names, including "stage names" and aliases (past or present) ever used by the applicant;

(2) Age, date and place of birth;

(3) Present residence address and telephone number;

(4) Place of employment or proposed place of employment;

(5) Whether the applicant has ever been convicted of any of the following:

(i) Every felony and every offense set forth in Sections 266a, 266b, 266c, 266e, 266g, 266h, 266i, 315, 316, 647.6, or 647b of the California Penal Code as those sections now exist or may hereafter be amended or renumbered; or

(ii) The equivalent of the aforesaid offenses outside the State of California.

(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. 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;

(7) A current state driver's license number. For renewals the identification card number shall also be submitted.

(8) Satisfactory written proof that the applicant is at least twenty-one (21) 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. Any fees for the photographs and fingerprints shall be paid by the applicant; or

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

(e) The completed application shall be accompanied by a nonrefundable application fee of One Hundred and no/100ths ($100.00) Dollars (unless that amount is otherwise amended by City Council resolution) for each performer permit.

(f) Upon receipt of an application and payment of the application fees, the Chief of Police shall immediately stamp the application as received and promptly investigate the application.

(§ 2, Ord. 932, eff. July 30, 1998)

(a) Within two (2) days after receipt of the application for a sexually oriented business performer permit, the Chief of Police shall grant or deny the application and so notify the applicant as follows:

(1) The Chief of Police shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

(2) If the application is denied, the Chief of Police shall attach to the application a statement of the reasons for denial.

(3) If the application is granted, the Chief of Police shall attach to the application a sexually oriented business performer permit.

(4) The application as granted or denied and the permit, if any, shall be placed in the United States mail, first-class postage prepaid, addressed to the applicant at the residence address stated in the application.

(b) The Chief of Police shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in subsection (d) of this section.

(c) If the Chief of Police grants the application, or if the Chief of Police neither grants or denies the application within two (2) days after it is stamped as received, the applicant may begin performing in the capacity for which the permit was sought subject to the performance standards in Section 508.301(k).

(d) The Chief of Police shall deny the application for any of the following reasons:

(1) The application for a permit is incomplete;

(2) 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. A material fact is one which if disclosed could have resulted in the denial of the permit;

(3) The applicant is under twenty-one (21) years of age;

(4) The sexually oriented business performer permit is to be used for performing in a business prohibited by State or City law;

(5) The applicant has been convicted of any of the offenses enumerated in Section 5-8.205(d)(5) herein. A permit shall, nevertheless, be issued to any person convicted of the described crimes if the conviction occurred more than five years prior to the date of the application.

(e) A sexually oriented business performer permit, once issued may be immediately revoked if it is determined that the application contains false or misleading statements as to age or conviction offenses enumerated in this chapter.

(f) The annual fee for a sexually oriented business performance permit is One Hundred and no/100ths ($100.00) Dollars unless otherwise amended by City Council resolution.

(g) Each sexually oriented business performer permit shall expire one year from the date of issuance and may be renewed only by filing with the Chief of Police a written request for renewal, accompanied by the application fee, a copy of the permit to be renewed, and any change in information provided in the original application. The request for renewal shall be made at least fifteen (15) days prior to the expiration date of the permit. If the request for renewal is made no less than fifteen (15) days before the expiration date of the permit, the expiration of the permit will be stayed. When made less than fifteen (15) days prior to the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted upon as provided herein for applications for permits.

(§ 2, Ord. 932, eff. July 30, 1998)

(a) A sexually oriented business regulatory permit or a sexually oriented business performer permit may be suspended or revoked for any of the following reasons:

(1) The permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the City. A material fact is one which if disclosed could have resulted in the denial of the permit;

(2) The permittee has ceased to meet the requirements for issuance of the permit;

(3) The permittee, employee, agent, partner, director, officer, stockholder, or manager of a sexually oriented business has knowingly allowed or permitted, or has failed to make a reasonable effort to prevent, the occurrence of any of the following on the premises of the sexually oriented business, or, in case the of a sexually oriented business performer, the permittee has engaged in one of the activities described below while on the premises of a sexually oriented business:

(i) Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation,

(ii) Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation have openly occurred,

(iii) Any conviction constituting a criminal offense which requires registration under Section 290 of the California Penal Code,

(iv) The conviction of any criminal offense which involves the occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting a violation of Sections 315, 316, or 318 or Section 647(b) of the California Penal Code,

(v) Any conviction of a violation of a provision 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, or

(vi) Allowing a performer to perform live entertainment without being in possession of a valid, unrevoked sexually oriented business performer permit, pursuant to Section 5-8.403 of this chapter;

(4) Repeated violations or noncompliance with this chapter;

(5) Refusal to allow an inspection of the sexually oriented business premises as authorized by this chapter;

(6) Permit transfer contrary to Section 5-8.204 of this chapter. In the event that the City suspends a permit on the ground that the permittee engaged in a permit transfer contrary to Section 5-8.204, the Chief of Police shall forthwith notify the permittee of the suspension. The suspension shall remain in effect until the applicable sections of this chapter have been satisfied; or

(7) Failure to abide by a disciplinary action previously imposed by the Chief of Police pursuant to this chapter.

(b) On determining that grounds for permit revocation exist, the Chief of Police shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing before the Chief of Police, and the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual matters in support thereof. The hearing will be scheduled within twenty (20) days or a longer time, not to exceed ten (10) additional days, if requested by the permittee. The notice shall be mailed, postage prepaid, addressed to the permittee at the address provided in the most recent application, or shall be delivered to the permittee personally, at least ten (10) days prior to the hearing date. At such hearing, all parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. The burden of proof is upon the City and the degree of proof is preponderance of the evidence. 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 not to exceed fourteen (14) calendar days absent the written consent to a longer continuance by all parties. The Chief of Police's decision shall be final.

(c) After holding the hearing in accordance with the provisions of this section, if the Chief of Police finds and determines that there are grounds for warning, suspension or revocation action, based upon the severity of the violation, the Chief of Police shall impose one of the following:

(1) A warning;

(2) Suspension of the permit for a specified period not to exceed six (6) months; or

(3) Revocation of the permit.

(§ 2, Ord. 932, eff. July 30, 1998)

After denial of an application for a sexually oriented business regulatory permit or a sexually oriented business performer permit, or after denial of a renewal of a permit, or suspension or revocation of a permit, the applicant or person to whom the permit was granted may seek prompt judicial review of such administrative action pursuant to Code of Civil Procedure Section 1094.5. The administrative action shall be promptly reviewed by the court, to the extent necessary, in order to avoid any potential First Amendment violations. The City shall also assist in an expedited preparation of the administrative record, and stipulate to any other procedural requirements such as hearing dates, that may be necessary in order to provide the applicant or person to whom the permit was granted a prompt judicial review of the administrative action. This shall include any and all procedures and related matters applicable to judicial review by administrative mandamus, to the extent that the applicant or person to whom the permit has been issued has chosen to utilize such proceedings to review any decision.

(§ 2, Ord. 932, eff. July 30, 1998)