(a) No person shall engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult or sexually oriented business, nor shall any employee as defined in section
5.81.4, be employed at an adult or sexually oriented business, without a valid adult or sexually oriented business employee permit issued by the city to such person. All persons who have been issued an adult or sexually oriented business permit shall promptly supplement, under the penalty of perjury, the information provided as part of the application for adult or sexually oriented business permit required by section
5.84 with the names of all performers, entertainers, figure models and employees required to obtain an adult or sexually oriented business employee permit, within thirty (30) days of any change in the information originally submitted. Failure to submit such changes shall be grounds for suspension of the adult or sexually oriented business permit.
(b) The city administrator, or his designee, shall grant, deny and renew adult or sexually oriented business employee permits.
(c) The city shall provide a form titled "Application for Adult or Sexually Oriented Business Employee Permit." An original and two (2) copies of the completed application, signed under the penalty of perjury, shall be filed with the city administrator, along with a nonrefundable filing fee, at a rate established by resolution adopted by the city council from time to time.
(d) The completed "Application for Adult or Sexually Oriented Business Employee Permit" 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 street address of the actual location of the applicant's residence and residence telephone number, and present street address of the applicant's actual location of business and business telephone number, if any.
(5) Whether the applicant has been convicted in the past fifteen (15) years as of the date of the application of:
a. Any of the offenses set forth in sections 311 through 313.4, 315, 316, 318, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(D) of the California Penal Code, or any offense requiring registration under Penal Code Section 290 of the California Penal Code, as those sections now exist or may hereafter be amended or renumbered.
b. The equivalent of the aforesaid offenses outside the state of California.
(6) 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 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) Date, issuing state and number of state issued driver's license or identification card and social security number.
(8) Satisfactory written proof that the applicant is at least 18 years of age.
(9) The applicant's fingerprints on a form provided by the City of Vernon Police Department, and a color photograph clearly showing the applicant's face. The applicant shall pay any fees for the photographs and fingerprints.
(10) If the application is made for the purpose of renewing a permit, the applicant shall attach a copy of the permit to be renewed.
(11) An acknowledgment, signed by the applicant under the penalty of perjury, that the applicant has received and read a copy of the development and performance standards in section
5.92 of this Code.
(e) Upon receipt of an application for adult or sexually oriented business employee permit and payment of the application fees, the city administrator, or his designee, shall immediately stamp the application as received, issue a temporary permit to the applicant which shall be valid for fifteen (15) days, unless earlier terminated by the denial of the application for adult or sexually oriented business employee permit, and promptly investigate the application.
(f) If the city administrator, or his designee, determines that the applicant has completed the application for adult or sexually oriented business employee permit improperly or the application for adult or sexually oriented business employee permit is otherwise incomplete, the city administrator, or his designee, shall notify applicant of such fact within ten (10) business days of the date of receipt of the application for adult or sexually oriented business employee permit, including the reasons the application is not complete. The city administrator, or his designee, shall, in such event, grant the applicant an extension of time of 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 administrator, or his designee, to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.
(g) Each adult or sexually oriented business employee permit shall expire one (1) year from the date of issuance, and may be renewed only by filing with the city administrator a written request for renewal, accompanied by the filing fee as established from time to time by the city council, and a copy of the adult or sexually oriented business employee permit to be renewed. The request for renewal shall be made at least thirty (30) days before the expiration date of the adult or sexually oriented business employee permit. Applications for renewal shall be acted on as provided herein for action upon applications for adult or sexually oriented business employee permits as set forth in section
5.89. If the city administrator, or his designee, determines that there has been no change in the facts upon which the permit was issued which would call into question the continued satisfaction of all requirements of this article, the permit shall be renewed. If the city administrator, or his designee, determines that there has been such a change, the permittee may be required to submit a complete new permit application pursuant to this section. In such event, and to the extent the request for renewal has been submitted at least thirty (30) days prior to the expiration of the permit, the expiration of the existing permit shall be stayed pending a decision on the new permit application. When made less than thirty (30) days before the expiration date, the expiration of the permit will not be stayed.
(Ord. No. 1094, Exh. B; Ord. No. 1126, § 3, Exh. B.)
