§ 15-113. Adult business permits required; application.

(a)

It shall be unlawful for any person to engage in, conduct or carry on, or to allow to be engaged in, conducted or carried on, in or upon any premises in the unincorporated area of the county, the operation of an adult business unless the person first obtains and continues to maintain in full force and effect an adult business permit from the county as required by this article.

(b)

Every person who proposes to maintain, operate or conduct an adult business in the county shall file an application with the director on an application form to be provided by the director, and shall pay a filing fee in the same amount as the administrative permit fee specified in Butte County Code section 3-43, subsection 17. The application shall include the following information:

(1)

Information concerning applicant.

i.

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

ii.

If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, and whether the partnership is general or limited.

iii.

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.

(2)

Signature. 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) percent or greater ownership interest in the business entity shall sign the application.

(3)

If the applicant intends to operate the adult business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult business and show proof of registration of the fictitious name.

(4)

A description of the type of adult business for which the permit is requested, the proposed address and county assessor parcel number(s) where the adult business will operate, and the names and addresses of the owners and, if applicable, lessors and lessees of the adult business site.

(5)

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

(6)

A drawing depicting the building and the property site to be occupied by the adult business, and: (i) the property line of any other adult business within one thousand (1,000) feet of the adult business for which a permit is requested; and (ii) the property lines of any church, school, bar, liquor store, park or residential zone within one thousand (1,000) feet of the subject adult business.

(7)

A sketch or diagram of the off-street parking areas, driveways, street access and ingress/egress, and building ingress/egress of the adult business and also showing the location of the lighting system required by this article.

(8)

A proposed floor plan of the interior of the business.

(9)

Whether any proposed operator has ever been convicted of: (i) any of the offenses set forth in Penal Code sections 315, 316, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 647(a), 647(b) and 647(D) as those sections now exist or may hereafter be amended or renumbered; or (ii) the equivalent of the aforesaid offenses outside the State of California.

(10)

Whether any proposed operator is or has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state or jurisdiction to engage in prostitution in such other state or jurisdiction. If a proposed operator is or has ever been so licensed, registered or authorized, then the applicant shall submit a statement giving the place of such registration, licensing or authorization, and the inclusive dates during which such person was so licensed, registered, or authorized to engage in prostitution.

(11)

An acknowledgment by the applicant that the principal operator has received a copy of, read, understands, and agrees to comply with all applicable requirements and limitations of this article.

(c)

If the director determines that the applicant has completed the application improperly, the director shall promptly notify the applicant of such fact. The director shall complete the review for completeness within seven (7) working days of submittal of the application.

(d)

The fact that an applicant possesses other types of state or county permits or licenses does not exempt the applicant from the requirement of obtaining an adult business permit.

(e)

Each adult business permit must be renewed every three (3) years, within three (3) years from the date of issuance or last renewal, by filing with the director a written request for renewal, accompanied by a fee in the same amount as the administrative permit renewal fee specified in Butte County Code section 3-43, subsection 18. The request for renewal shall be made at least thirty (30) days before the expiration of the applicable three (3) year period. Applications for renewal shall be acted on as provided in this article, or any successor adult business ordinance, for action upon initial applications for permits.

(f)

An adult business permit shall allow only the operation of the adult business type or types described in the permit. It shall be unlawful for the permittee or any other person to engage in, conduct or carry on in or upon any premises in the county, the establishment or operation of a type of adult business different from the description of the type or types of adult business described in the adult business permit. The different types of adult businesses are those listed in the definition at section 15-110(a).

(Ord. No. 3619, § 4, 7-25-2000)