Windsor Municipal Code Art. 4 Adult-Oriented Business Employee License

a. No person shall engage in or participate in any live performance distinguished or characterized by the depiction, description, showing or simulation of specified anatomical areas or involving specified sexual activities in an adult-oriented business, without a valid Adult-Oriented Business Employee License issued by the Chief of Police.

b. No person shall be employed at an adult-oriented business, except those persons excluded from the license requirements pursuant to Section 3-21-305, without a valid Adult-Oriented Business Employee License issued by the Chief of Police.

c. Before any applicant may be issued an Adult-Oriented Business Employee License, the applicant shall submit to the Chief of Police on a form to be provided by the Town the following information:

1. The applicant's legal name and any other name including "stage" names or aliases used by the applicant;

2. Age, date, and place of birth;

3. Height, weight, hair and eye color;

4. Present residence address and telephone number;

5. Present business address and telephone number;

6. Date, issuing state and number of driver's license or other identification card information;

7. Social Security number; and

8. Satisfactory written proof that the individual is at least eighteen (18) years of age.

d. Attached to the application form shall be the following:

1. A color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by the Police Department. Any fees for the photographs and fingerprints shall be paid by the applicant.

2. A statement detailing the license history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate in this or any other county, city, state, or country, and whether such applicant has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, the applicant shall state the name of the issuing or denying jurisdiction, and describe in full the reason for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.

3. A statement whether the applicant has been convicted within the past five (5) years, as of the date of submitting the application, of a specified criminal activity as defined in this chapter and, if so, the specified criminal activity involved, the date, place and jurisdiction of each conviction.

4. A statement whether the applicant 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, the place or such registration, licensing or legal authorization, and the inclusive dates during which the applicant was so licensed, registered, or authorized.

e. Every application for an Adult-Oriented Business Employee License, whether for a new license or for a renewal of an existing license, shall be accompanied by a nonrefundable application, investigation and license fee as set forth in the schedule of fees established from time to time by the Town Council.

(Ord. No. 2007-220 § 4 (part))

a. Upon receipt of an application for an Adult-Oriented Business Employee License and the required nonrefundable application, investigation, and licensing fee, the Chief of Police shall issue a temporary license to the applicant. The temporary license shall be valid until the Adult-Oriented Business Employee License is either granted or the denial of such license is final.

b. The Chief of Police shall determine whether the application contains all of the information required by the provisions of this section. If it is determined that the application is not complete, the applicant shall be notified in writing within five (5) business days of the date of receipt of the application that the application is not complete and the reasons therefore. The applicant shall have ten (10) calendar days from the date of the notice to submit additional information to render the application complete. The applicant's failure to submit the additional information within this time period renders the application null and void. Within five (5) business days following the receipt of a supplemental or amended application, the Chief of Police shall again determine whether the application is complete. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. Once the application is found to be complete, the applicant shall be notified within five (5) business days of that fact. If an applicant submits two (2) consecutive incomplete applications, the applicant shall be notified in writing that a new application must be filed with Chief of Police as set forth herein.

c. Within fifteen (15) business days after the issuance of the temporary license, the Chief of Police shall grant or deny the application and so notify the applicant as follows:

1. If the application is approved, the Chief of Police shall write or stamp "Granted" on the application and date and sign such notation. The Chief of Police shall attach to the application an Adult-Oriented Business Employee License.

2. If the application is denied, the Chief of Police shall write or stamp "Denied" on the application and date and sign such notation. The Chief of Police shall attach to the application a statement of the reasons for denial.

3. The documents specified in subsections c.1 and c.2 above shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address specified in the application. All notices given hereunder shall be deemed given upon the date they are deposited in the United States mail or the date upon which personal service is provided.

d. The Chief of Police shall grant the application unless it is determined by a preponderance of the evidence that any of the following findings is true:

1. The applicant has failed to provide information reasonably necessary for issuance of the license or has knowingly answered a question or request for information falsely on the application form;

2. The applicant is under the age of eighteen (18) years;

3. The applicant has been convicted of a specified criminal activity, whether within the State of California or in another jurisdiction;

4. The Adult-Oriented Business Employee License is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by a particular provision of this chapter; and

5. The applicant has, within the past five (5) years, been convicted in an administrative enforcement action or court action of violating an adult-oriented business ordinance.

e. The license, if granted shall expire one (1) year from the date of issuance and may be renewed only by the licensee filing with the Chief of Police: (a) a written request for renewal on a form provided by the Town; (b) the required fee; and (c) a copy of the license to be renewed. The request for renewal shall be made at least thirty (30) days before the expiration date of the license. When a renewal request is made less than thirty (30) days before the expiration date, the expiration shall not be stayed. The Chief of Police shall act upon applications for license renewal as provided herein for applications for initial licenses.

f. The license, if granted, shall state on its face the name of the person to whom it is granted, and the expiration date. The Chief of Police shall provide each person issued an Adult-Oriented Business Employee Licensee with an identification card containing the name, photograph, and license number of the licensee.

g. Both the license and identification card shall be available for inspection at all times during which the licensee is on the premises of the adult-oriented business. The licensee shall wear the identification card at all times while on the premises of the adult-oriented business, except while actually performing. The identification card shall be affixed to clothing on the front of the licensee and above waist level so that the picture and license number are clearly visible to patrons.

h. If the Chief of Police neither grants nor denies a completed application for which the filing fees have been paid, within fifteen (15) business days after its receipt, the applicant may begin the employment for which the license is sought, subject to strict compliance with the Development and Performance Standards and Regulations of Article 6 of this chapter.

(Ord. No. 2007-220 § 4 (part))

A licensee shall not transfer ownership or control of an Adult-Oriented Business Employee License. Any attempt to transfer such a license shall be void.

(Ord. No. 2007-220 § 4 (part))