Stanton Municipal Code Ch. 5.62 Figure Model Licenses

The following terms used in this chapter shall have the meanings indicated below:

Appeal.

The term "appeal" shall have the same meaning as set forth in Section 5.54.012 of this code.

(Ord. 799 § 7, 1998; Ord. 891 § 4, 2004)

A. No person shall engage in, conduct, perform, model or pose as a figure model, or conduct, manage or carry on any place where such posing or modeling is available or open to the public within the city without first obtaining a figure model license pursuant to the provisions of this chapter, and securing the necessary zoning permits and business licenses required by the code. No person shall act as a figure model for a fee or gratuity without a license from the city.

B. Any figure model who is currently employed as such on the date the ordinance codified in this chapter becomes effective shall have six months from the effective date of said ordinance to obtain a license hereunder.

(Ord. 799 § 7, 1998; Ord. 891 § 4, 2004)

A. Applications for figure model licenses shall be filed with the city manager on forms supplied by the city, together with a fee established by resolution of the city council to cover the cost of processing and review. The application shall be signed and verified by the applicant under penalty of perjury and shall contain such information as set forth below.

B. Any applicant for a license shall submit the following information:

1. The full name and present address of the applicant;

2. Written proof that the applicant is over the age of eighteen years;

3. Applicant's height, weight, color of eyes and hair;

4. Applicant's business, occupation or employment for the three years immediately preceding the date of the application;

5. The business license and/or permit license history of the applicant, including whether the applicant has ever had any license or permit issued by any agency, board, city, county, territory or state. The date of issuance of such license or permit, including whether the license or permit was denied, revoked or suspended shall also be included;

6. The name, address and telephone number of the adult business where the applicant shall be employed, if applicable;

7. A statement in writing, signed and dated by the applicant, that he or she certifies under penalty of perjury that all information contained in the application is true and correct; and

8. Attached to the application form as provided above, two two-inch by two-inch color photographs of the applicant clearly showing the individual's face.

C. Notwithstanding the fact that an application filed hereunder may be a public record under Government Code Section 6250 et seq., certain portions of such application contain information vital to the effective administration and enforcement of the licensing and/or permit scheme established herein which is personal, private, confidential, or the disclosure of which could expose the applicant to a risk of harm. Such information includes, but is not limited to, the applicant's residence address and telephone number, the applicant's date of birth and/or age, the applicant's driver's license and/or Social Security number, and/or personal financial data. The city council in adopting the application and licensing and/or permit system set forth herein has determined in accordance with Government Code Section 6255 that the public interest n 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 city clerk shall cause to be obliterated from any copy of a completed license application made available to any member of the public, the information set forth above.

(Ord. 799 § 7, 1998; Ord. 891 § 4, 2004)

A. The city manager shall investigate the application and grant or deny issuance of a license within ten days after the application was filed in the office of the city clerk. Otherwise, the application shall be deemed granted by operation of law and the applicant shall be entitled to engage in the proposed activity subject to the remaining provisions of this chapter and the provisions of this code. After submittal of a complete application form, including proof of age, the city manager shall issue a provisional permit to the applicant. Such provisional permit shall entitle the applicant to perform at an adult entertainment business pending the city manager's decision on the permit application. The provisional permit shall expire upon the decision of the city manager on the application or the expiration of ten days following the submittal of the complete application, whichever occurs first.

B. The city manager shall issue the license unless he/she finds one or more of the following to be true:

1. The applicant failed to pay the filing fee required by this chapter;

2. The application is incomplete in any material way;

3. The application contains any false, misleading or fraudulent statement of material fact and the applicant knew or should have known that the statement was false, misleading or fraudulent;

4. An applicant is not of age;

5. The applicant proposes to perform at other than an adult-oriented business that possesses a valid adult-oriented business license issued by the city;

6. The applicant proposes to perform at other than an adult-oriented business that is located in conformance with this code and that conforms to the standards set forth in this code;

7. Less than one year has elapsed since the applicant had a license, permit or other authorization to perform adult-oriented live entertainment denied by the city or any other jurisdiction and the denial is final, provided that the ground for the denial was that the application contained any false, misleading or fraudulent statement of material fact and the applicant knew or should have known that the statement was false, misleading or fraudulent;

8. Less than one year has elapsed since the applicant had a license, permit or other authorization to perform adult-oriented live entertainment revoked by the city or any other jurisdiction and the revocation is final; and

9. An applicant has been convicted of, and the conviction is final, or pleaded nolo contendere to, a specified criminal act for which:

a. Less than two years have elapsed since the date of conviction or plea, if the conviction or plea is for a misdemeanor offense for a specified criminal act which is a crime of prostitution or pandering, or

b. Less than five years have elapsed since the date of conviction or plea, if the conviction or plea is for a felony offense for a specified criminal act which is a crime of prostitution or pandering, or

c. Less than five years have elapsed since the date of the first conviction or plea, if the convictions or pleas, or combination thereof, are for two or more misdemeanors offenses for specified criminal acts which are crimes of prostitution.

C. While processing the license application within ten days of filing a completed application, the city manager shall cause a review of the criminal history of the applicant to be undertaken. Such criminal history review shall include obtaining the information pursuant to Section 2.74.014 of this code and the verified results of such criminal history review shall be returned to the city manager within ten days of the receipt of a complete application by the city. In the event the information requested pursuant to Section 2.74.014 of this code is not available within such ten-day period, if the application otherwise meets the requirements of this code, the city manager shall issue a status report on the issuance of the figure model license; whereupon the city manager shall issue the same within twenty days of receipt of a complete application by the city. In the event the city manager fails to issue or deny within such twenty-day period, the license application shall be deemed approved and a license shall be issued by the city subject to the restrictions in the balance of this section and all other laws and city ordinances or regulations. Should the information obtained pursuant to Section 2.74.014 of this code materially vary from that on the application, such variance shall be cause to suspend or revoke the license. Any license issued prior to the city receiving the information required by Section 2.74.014 of this code shall state clearly on its face that the license is subject to suspension or revocation pursuant to Sections 5.54.024 to 5.54.026 of this code.

(Ord. 799 § 7, 1998; Ord. 891 § 4, 2004)

A. If the application for a figure model license is denied by the city manager, the applicant shall have ten calendar days from the date the notice was mailed in which to appeal the decision to the city council. If the tenth day falls upon a day the city is closed, the date shall be extended to the next regular business day of the city. Such appeal shall be in writing and filed in the office of the city clerk. If appealed, notice of the hearing before the city council shall be mailed to the applicant and the person filing the appeal, if other than the applicant, and published in the city's official newspaper and the hearing shall be held at the earliest possible date authorized by law, but in no event later than thirty days from the date of the city manager's decision to approve or deny the application. The city council shall act on the appeal within forty-five days from the date the application was denied by the city manager. Otherwise, the application shall be deemed approved and the applicant shall be entitled to engage in the proposed activity subject to the remaining provisions of this chapter and all other applicable laws and city ordinances and regulations.

B. If the application for a figure model license is approved or deemed approved by the city manager's action or failure to act, such action or inaction may be appealed by the applicant or any aggrieved person by filing a notice of appeal with the city clerk within ten days of the date of the application's approval or deemed approval and shall be subject to the time limits of this section. If appealed, notice of the hearing before the city council shall be mailed to the applicant and to the person filing the appeal if other than the applicant and published in the city's official newspaper or posted in three public places within the city and the hearing shall be held at the earliest possible date authorized by law, but in no event later than thirty-five days from the date of the city manager's action to deny the application. The city council shall act on the appeal within forty-five days from the date the application was deemed approved or denied by the city manager. Otherwise, the application shall be deemed approved and the applicant shall be entitled to work as a figure model in the city subject to the remaining provisions of this chapter and all other applicable laws and city ordinances and regulations.

(Ord. 799 § 7, 1998; Ord. 891 § 4, 2004)

Each figure model license granted pursuant to this chapter shall expire on December 31st of each year and may be renewed only by making written application of the applicant and a finding by the city manager that the applicant has not committed any offense or committed any act during the existence of the license which would give grounds to deny the license or refuse the renewal or to suspend or revoke the license. Applications for renewal shall be filed at least thirty days before the expiration date; the filing of a complete application for renewal shall extend the license until a final decision is reached by the city. The city manager shall issue the license or schedule an administrative hearing on the application for renewal within ten days of receipt by the city of a complete renewal application. If in reviewing the application for renewal of the license, the city manager determines that the application will likely be denied, then the city manager shall cause an administrative hearing to be held within twenty days at which time the applicant may present evidence supporting the application or contradicting the evidence presented by the city. The decision of the city manager to deny renewal of the license shall be subject to appeal to the city council in accordance with Section 5.54.025 of this code. Such appeal shall be held at the earliest possible date at which such appeal hearing may be held under state law, but in no event more than fifteen days from the date of filing of the appeal. In the event the city manager or city council on appeal fails to act on the renewal application within fifty days from the receipt of a complete application by the city, the application shall be deemed approved.

(Ord. 799 § 7, 1998; Ord. 891 § 4, 2004)

A. No license issued hereunder shall be transferable to any other person.

B. The license issued pursuant to this chapter for each figure model shall be displayed within an area on the premises where it can be inspected at all times by city officials or agents thereof. Such license shall include a photograph of the licensee which shall be permanently affixed to the license. It is unlawful and a misdemeanor, subject to punishment in accordance with Section 1.10.010 et seq., of this code, for any person, other than those authorized by the city manager, to alter, modify, change, amend or forge a license, or any provision thereof, issued pursuant to this chapter.

(Ord. 799 § 7, 1998; Ord. 891 § 4, 2004)

Any license issued hereunder may be suspended or revoked by the city for a violation of the provisions of this chapter or a failure to comply with the provisions hereof. Any proceeding to consider the suspension or revocation of a license shall utilize the procedures to suspend or revoke an adult-oriented business license set forth in Sections 5.54.022 to 5.54.025 of this code.

(Ord. 799 § 7, 1998; Ord. 891 § 4, 2004)

No operator of a nude model studio shall employ or utilize the services in any way of a figure model who does not possess a valid license therefor.

(Ord. 799 § 7, 1998; Ord. 891 § 4, 2004)

It is unlawful and a misdemeanor, subject to punishment in accordance with Section 1.10.010 et seq., of this code, for any person operating a nude model studio or any employee or independent contractor thereof, including a figure model, to allow any customer or patron to disrobe while on the premises. A person operating a nude model studio shall cause a sign, to be posted in a conspicuous space visible from the main entrance of the establishment, containing the message, with one and one-half-inch height and width lettering, which reads: "PATRONS ARE PROHIBITED FROM DISROBING ON PREMISES."

(Ord. 799 § 7, 1998; Ord. 891 § 4, 2004)

It is unlawful and a misdemeanor for any person to violate any provision of this chapter and shall subject the violator to punishment in accordance with Section 1.10.010 et seq., of this code.

(Ord. 799 § 7, 1998; Ord. 891 § 4, 2004)

The initial application fee, the initial license fee, the annual renewal fee, and all appeal fees for license-related activities pursuant to this chapter shall be set by resolution of the city council.

(Ord. 799 § 7, 1998; Ord. 891 § 4, 2004)