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HomeMy WebLinkAboutOrdinances - No. 1737A �Ere!IQN 1 Section 5.40.300 "Adult -Oriented Business License Required" of the Lodi Municlpal Code is hereby repealed and reenacted to read as follows: Every person who proposes to maintain, operate, conduct, or establish an adult-oriented business in the city shall file an application with the chief of police on a form provided by the city and shall pay a non-refundable application, investigation, and licensing fee set forth by resolution from time to time by the city council. A. All applicants must be qualified according to the provisions of this article. The application may request and the applicant shall provide such information as to enable the chief of police to determine whether the applicant meets the qualifications established in this article. B. if a person who wishes to operate an adult-oriented business is an individual, the person must sign the application. if a person who wishes to operate an adult- oriented business is other than an individual, each individual who has a fifteen (15%) percent or greater interest in the adult-oriented business must sign the application. Each applicant must be qualified under this article and each applicant shall be considered a licensee if a license is granted. C. The completed application for an adult-oriented business license shall contain the following information and shall be accompanied by the following documents: 1. If the applicant is: a. An individual, the individual shall state his/her legal name and any aliases and submit proof that he/she is at least eighteen years of age, b. A partnership, the partnership shall state its complete name, address, and the names of all partners whether the partnership is general or limited, and a copy of the partnership agreement, it any, c. A corporation, the corporation shall state 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, and the name of the registered corporate agent and the address of the registered office for service or process; 2. If the applicant intends to operate the adult-oriented business under a name other than that of the applicant, the applicant shall register the fictitious name of the adult-oriented business with the appropriate governmental entity and show written proof of registration of the fictitious name; 3. Whether the.applicant has been convicted of a specified criminal activity and, if so, the specified criminal activity involved, the date, the place, and jurisdiction of each; 4. Whether the, applicant has ever had a license previously issued under this chapter or its 'predecessor, or other similar adult-oriented business ordinances from another city or county, denied, suspended or revoked, including the name and location of the adult-oriented business for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation, and whether the applicant has been a partner in a partnership or an officer, director, or principal stockholder of a corporation that is licensed under this chapter, or its predecessor, whose license has previously been denied; suspended, or revoked, including the name and location of the adult-oriented business for which the license was denied, suspended, or revoked, as well as the date of denial, suspension, or revocation; 5. Whether the applicant holds any other licenses under this chapter, or its predecessor, or other similar adult-oriented business ordinance from another city or county, and, if so, the names and locations of such other licensed businesses; 6. The particular adult-oriented business for which the applicant is applying. An applicant must apply separately for each adult-oriented business to be operated, owned, managed, or controlled by the applicant; 7. The address to which notice of action on the application is to be mailed; 8. The location of the adult-oriented business, including a legal description of the property, street address, and telephone number(s), if any; 9. The applicant's mailing address and residential address; 10. A recent photograph of the applicant; 11. The applicant's driver's license number, Social Security Number, and the applicant's state or federally issued Tax Identification Number.. The supplying of a Social Security Number is optional at the choice of the applicant A Social Security Number does assist in differentiating between like -named persons; 12. The names of all employees, independent contractors, and other persons who will perform at the adult-oriented business, who are required by this chapter to obtain an adult-oriented business employee license. SECTION 2. Section 5.40.305 "Investigation and Action on Application for Adult -Oriented Business License" of the Lodi Municipal Code is hereby repealed and reenacted to read as follows: A. The chief of police shall determine whether the application contains all of the information required,; by the provisions of this article. If it is determined that the application is not complete, the applicant shall be notified in writing within ten business days of the date of receipt of the application that the application is not complete and the reasons therefore. The applicant shall have thirty 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 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 business days of that fact. If an applicant submits two consecutive incomplete applications, the applicant shall be notified in writing that new application must be filed with the chief of police as set forth herein. B. Upon determining that a complete application and the required nonrefundable application fee have been submitted, the chief of police shall issue a temporary license to the applicant, which shall be valid for thirty business days after the date of issuance. G. Within five business days after receipt, of a completed application and the required filing ;fee, the chief of police shall transmit copies of the application and its attachments to appropriate city departments. D. Within thirty business days after receipt of a completed application and the required filing fee, the chief of police shall complete the investigation, grant or deny the application in accordance with the provisions of this section, and shall 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 a regular adult-oriented business 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 document specified in subsections (D)(1) and (D)(2) of this section 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. E. The chief of police shall approve the issuance of a regular license to an applicant, unless it is determined by a preponderance of the evidence that any of the following findings is truer 1. An applicant is under eighteen years of age. 2. An ;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. 3. An applicant has been denied a license by the city to operate an adult-oriented business within the twelve months preceding the filing of the application or an applicant whose license to operate an adult-oriented business has been revoked within twelve months. F. The regular license, if granted shall expire one year from the date of issuance and may only be renewed by the licensee filing with the chief of police a written request or renewal on a form provided by the city, accompanied by a nonrefundable application, investigation and licensing fee set forth by resolution from time to time by the city council, and a copy of the license to be renewed. The request for renewal shall be made at least thirty days before the expiration date of the regular license. When a renewal request is made less than thirty 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 licenses. G. The; regular license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the adult-oriented business and the classification of adult-oriented business as set forth in Section 5.40.130, for which the license is issued. H. All licenses shall be posted in a conspicuous place at or near the entrance to the adult-oriented business so that all persons entering the adult-oriented business may easily read them at any time. 1. Within thirty calendar days of any change in the information originally submitted with the license application, all licensees shall provide the chief of police with a written statement supplementing or amending the information required by this article. Failure to submit such changes shall be grounds for suspension of the adult-oriented business license. J. Within thirty calendar days of any change in employee hiring or status, all licensees shall provide the chief of police with a written statement supplementing or amending the information required by this article. Failure to submit such changes shall be grounds for suspension of the adult-oriented business license. K. If the chief of police neither grants nor denies a completed application for which the filing fees have been paid, within thirty business days after the city's receipt of the application, the applicant may begin operating the adult-oriented business for the single classification of adult-oriented business as set forth in Section 5.40.130, for which the license was sought, subject to compliance with the development and performance standards and regulations of Article VI of this chapter. SECTION 3 Section 5.40.400 "Adult -Oriented Business Employee License Required" of the Lodi Municipal Code is hereby repealed and reenacted to read as follows: A. No person shall engage in or participate in any live performance depicting 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 5.40.145, 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 city 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; p, Date, issuing state, and number of driver's license or other identification card information; 7. Social Security Number: The supplying of a Social Security Number is optional at the choice of the applicant. A Social Security Number does assist in differentiating between like -named persons; and 8. Satisfactory written proof that the individual is at least eighteen 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 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, 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, state the name, 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 years, as of the date of submitting the application, 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;and 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 of 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 non- refundable application; investigation and license fee as set forth by resolution from time to time by the city council. SECTIQN 4 Section 5.44.405 "Investigation and Action on Applicationfor Adult -Oriented Business Employee License" of the Lodi Municipal Code is hereby repealed and reenacted to read as follows - A. Upon receipt of an application for an adult-oriented business employee license and the required non-refundable' application, investigation, and licensing fee, the chief of police shall issue a temporary license to the applicant. B. The chief of police shall determine whether the application contains all of the information required by the provisions of this article. if it is determined that the application is not complete, the applicant shall be notified in writing within five 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 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 business days following 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 business days of that fact. If an applicant submits two consecutive incomplete applications, the applicant shall be notified in writing that a new application must be flied with the chief of police as set forth herein. C, Within fifteen 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) of this section 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 hereundershall 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 years; and 3. 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. E. The license, if granted shall expire one year from the date of issuance and may be renewed only by the licensee filing with the chief of police a written request for renewal on a form provided by the city, accompanied by the required fee and a copy of the license to be renewed. The request for renewal shall be made at least thirty days before the expiration date of the license. When a renewal request is made less than thirty 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 of 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 license with an identification card containing the name, photograph, and license number of the licensee. G. Both the license and the identification card shall be available for inspection at all times during which the licensee is on the premises of the adult-oriented business. H. If the chief of police neither grants nor denies a completed application for which the filing fees have been paid, within fifteen 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 VI of this chapter. SECTION 5. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 6. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the City so as to provide'a basis of civil liability for damages, except as otherwise imposed bylaw. N 7:; Severability. If any provision of this ordinance or the application thereof to any or circumstances is held invalid, Such invalidity shall not affect other provisions or ons'of the ordinancewhich can be given effect without the invalid provision or on. To this end, the provisions of this ordinance are severable. The City Council feclares that it would have adopted this ordinance irrespective of the invalidity of any SECTION 8. This ordinance shall be published one time in the "Lodi News -Sentinel," a daily newspaper of general circulation printed and published in the City of Lodi and shall take effect thirty days from and after its passage and approval. Approved this 3"'clay of December, 2003 S AANH Mayor I, Susan J. Blackston, City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1737 was introduced at a regular meeting of the City Council of the City of Lodi held November 19 2003, and was thereafter passed, adopted and ordered to print at a regular meeting of said Council held December 3, 2003, by the following vote: AYES: COUNCIL MEMBERS — Beckman, Hansen, Howard, Land, and Mayor Hitchcock NOES;♦None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None I further certify that Ordinance No. 1737 was approved and signed by the Mayor on the date of its passage and the same has been published pursuant to law. SUSAN J. BLACKSTON City Clerk Approved or RAN D, City Attorney