§ 15-117. Adult business performer permits required; application.

(a)

No person shall engage in or participate in any live performance in the unincorporated area of the county depicting specified anatomical areas or involving specified sexual activities in an adult business, without a valid adult business performer permit issued by the county. The sheriff shall grant, deny and renew adult business performer permits.

(b)

The application for a permit shall be filed with the sheriff's department on a form provided by the sheriff. The completed application shall contain the following information and be accompanied by the following documents:

(1)

Applicant's legal name and any other names (including "stage names" and aliases) used by the applicant;

(2)

Applicant's age, date, place of birth, height, weight, hair and eye color;

(3)

Applicant's present residence address and telephone number;

(4)

Address(es) of adult business(es) where the applicant intends to perform;

(5)

Whether the applicant 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.

(6)

Whether the applicant 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 m prostitution in such other state or jurisdiction. If the applicant 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.

(7)

Applicant's state driver's license or identification number;

(8)

Satisfactory written proof that the applicant is at least eighteen (18) years of age;

(9)

Applicant's fingerprints on a form provided by the sheriff and a color photograph clearly showing the applicant's face; and

(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 by the applicant that he or she has received a copy of, read, understands, and agrees to comply with (i) all applicable requirements and limitations of sections 15-117—15-122 of this article, and (ii) all applicable requirements and limitations of the adult business permit(s) for the adult business location(s) at which the applicant intends to perform.

(c)

The completed application shall be accompanied by a nonrefundable application fee in the amount of sixty-seven dollars ($67.00).

(d)

Upon receipt of an application and payment of the application fee, the sheriff shall immediately stamp the application as received and promptly investigate the application.

(e)

If the sheriff determines that the applicant has completed the application improperly, the sheriff shall promptly notify the applicant of such fact and grant the applicant an extension of time to complete the application properly. The sheriff shall complete the review for completeness within two (2) working days of submittal of the application.

(f)

Within ten (10) days after receipt of a properly completed application, the sheriff shall grant or deny the application and so notify the applicant as follows:

(1)

If the application is denied, the sheriff shall provide to the applicant a statement of the reasons for denial.

(2)

If the application is granted, the sheriff shall provide to the applicant an adult business performer permit in a form approved by the sheriff consistent with this article.

(3)

The application denial or the permit shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.

(g)

The sheriff shall grant the application and issue the adult business performer permit unless the sheriff finds that one (1) or more of the following reasons for denial apply:

(1)

The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a permit or in any report or document required to be filed with the application.

(2)

The applicant is under eighteen (18) years of age.

(3)

The adult business performer permit is to be used for performing in a business prohibited by state or county law.

(4)

The applicant is registered or licensed in any state or other jurisdiction as a prostitute.

(h)

A performer shall have his or her county adult business performer permit available for inspection by law enforcement personnel at all times while on the premises of an adult business. Adult business performer permits are personal to the performer and nontransferable. Except for disclosures required by court order or state or federal law, all adult business permit performer applications, permits and related records shall be confidential and not released to the public.

(i)

Each adult business performer permit shall expire one (1) year from the date of issuance and may be renewed only by filing with the sheriff an application for a renewal permit, accompanied by the application fee. The request for renewal shall be made at least thirty (30) days before the expiration date of the permit. Applications for renewal shall be acted on as provided above for initial applications for permits.

(j)

During the period of time between submittal of an application and the sheriff's approval or denial of the application, the applicant may begin performing in the capacity and at the location(s) for which the permit was sought.

(k)

Any permittee who has been issued an adult business permit that involves any live performance depicting specified anatomical areas or involving specified sexual activities shall monitor the performers to ensure that they have been Issued and possess a current county adult business performer permit. Except for the short period of time while the county is processing an application under subsection (j), allowing an unpermitted performer to perform at an adult business shall be grounds for suspension or revocation of the adult business permit.

(Ord. No. 3619, § 4, 7-25-2000)