§ 9-459. Sexually-oriented business performer permit

(a) No person shall engage in or participate in any live performance involving, depicting, describing or relating to specified anatomical areas and/or involving specified sexual activities in a sexually-oriented business, without a valid sexually-oriented business performer license issued by the city. All persons who have been issued a sexually-oriented business license shall promptly supplement the information provided as part of the application for the license required by section 9-456, with the names of all performers required to obtain a sexually-oriented business performer license, 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 license.

(b) The police chief shall grant, deny and renew sexually-oriented business performer licenses.

(c) The application for a license shall be made on a form provided by the police chief. An original and two (2) copies of the completed and sworn license application shall be filed with the police chief.

(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) 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) Whether the applicant has ever been convicted of:

(i) Any of the offenses set forth in Sections 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(D) of the California Penal Code as those sections now exist or may hereafter be amended or renumbered.

(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) State driver's license or identification number;

(8) Satisfactory written proof that the applicant is at least eighteen (18) 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;

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

(e) The completed application shall be accompanied by a non-refundable application fee. The amount of the fee shall be set by resolution of the city council.

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

(g) 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 grant the applicant an extension of time of not more than ten (10) days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten (10) days, of the time for the city manager 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.

(Ord. No. 98-11, § 5, 4-20-98)