§ 9-456. Application for sexually-oriented business license

(a) An applicant requesting issuance or renewal of a sexually-oriented business license shall file a written, signed and verified application or renewal application in a form provided by the police department. Each application shall be accompanied by a non-refundable fee for filing or renewal in an amount determined by resolution of the city council, which fees will be used to defray the costs of investigation, inspection and processing of such application. Such fee shall not exceed the reasonable cost of investigation, inspection and processing of such application. License fees required under this chapter shall be in addition to any license, permit or fee required under any other chapter or title of the City of Costa Mesa Municipal Code.

(b) An application for a sexually-oriented business license shall contain the following information:

(1) If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least eighteen (18) years of age.

(2) If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.

(3) If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation 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.

(c) If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten (10) per cent or greater interest in the business entity shall sign the application.

(d) 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 show proof of registration of the fictitious name.

(e) A description of the type of sexually-oriented business for which the license 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.

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

(g) The names of all employees, independent contractors, and other persons who will perform at the sexually-oriented business, who are required by section 9-459 to obtain a sexually-oriented business performer license.

(h) 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 (6) inches.

(i) 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: (1) the property line of any other sexually-oriented business within one thousand (1,000) feet of the primary entrance of the sexually-oriented business for which a license is requested, with the exception of sexually-oriented businesses located within the PDC Zone; and (2) the property lines of any religious institution, school, public park, within one thousand (1,000) feet of the primary entrance of the sexually-oriented business; and the property lines of any residential zone within five hundred (500) feet of the primary entrance of the sexually-oriented business.

(j) 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 9-463(c).

(k) If the police chief determines that the applicant has completed the application improperly, the police chief 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 police chief to act on the application. The time period for granting or denying a license shall be stayed during the period in which the applicant is granted an extension of time.

(l) 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 license.

(Ord. No. 98-11, § 5, 4-20-98)