SEC. 5-800. SHORT TITLE:
This Part shall be known as the "Adult-Related Establishment Permits."
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-801. FINDINGS:
The City Council of the City of Stockton finds that studies conducted in the cities of Indianapolis, IN; Los Angeles, CA; Cleveland, OH, Phoenix, AZ; Oklahoma City, OK; Austin, TX; Seattle, WA; Amarillo, TX; Beaumont, TX; St. Paul, MN; and Garden Grove, CA; have determined that the incidence of criminal activity increases significantly in and around the area of newly opened or expanded adult-related establishments. The City Council further finds that an increased amount of criminal activity does occur in and around adult-related establishments which have been located or are currently located within the City of Stockton.
Accordingly, the City Council of the City of Stockton hereby finds and declares that the unregulated operation of adult-related establishments poses a serious threat to the health, safety, welfare, and security of the citizens of the City of Stockton. The City Council further finds and declares that the illegal activities associated with, in, and around adult-related establishments cause an immediate and imminent danger to the public health and safety and to property in the areas where such illegal activities are taking place. The City Council further finds and declares that the illegal activities associated with, in, and around adult-related establishments impair the use and enjoyment of nearby properties. Therefore, it is necessary for the City Council of the City of Stockton to establish regulations to require the licensing and regulation of the establishments, services, and persons herein defined. It is not the intention of the City Council of the City of Stockton to place a restriction on the use of any such establishments when such use is legally and constitutionally permissible.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-802. PURPOSE:
The purpose of this Part is to require the issuance of a permit to conduct, own, or operate adult-related establishments within the City of Stockton; to require work permits for employees and any other persons working therein; to establish standards for the issuance of said permits; to establish rules and regulations under which such permits shall remain in force, be suspended, or revoked; and to provide penalties for violations thereof.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-803. DEFINITIONS:
For the purpose of this Part, unless the context clearly requires a different meaning, the words, terms, and phrases hereinafter set forth shall have the meanings given them in this Section:
(a) "Adult-related establishment" shall mean any business or establishment which has available to or offers any patron, for pecuniary compensation, monetary, or other consideration, hire or reward, services or entertainment or other activities which involve "specified sexual activities" or the display of "specified anatomical areas" as defined herein. "Adult-related establishment" shall not include an establishment which, as its sole adult-related activity, sells, displays, offers for sale, furnishes, or features books, movies, or other materials which depict "specified anatomical areas" or "specified sexual activities" as defined herein. The term "adult-related establishment" shall not include a "bar" as defined herein, nor a theatrical staged production in which the display of "specified anatomical areas" or "specified sexual activities" is merely incidental to rather than the predominant theme of the production.
(b) "Adult-related establishment operator" and "operator" shall mean a person who supervises, manages, inspects, directs, organizes, controls, or in any other way is responsible for or in charge of the premises of an adult-related establishment or the conduct and activities occurring on the premises thereof.
(c) "Applicant" shall mean a "person" as herein defined who is required to file an application for a "permit" or "work permit" pursuant to this Part, including an "operator" and an "employee."
(d) "Bar" shall mean, for the purposes of this Part, any commercial establishment licensed by the State of California Department of Alcoholic Beverages Control to sell, provide, and serve alcoholic beverages on the premises.
(e) "Chief of Police" shall mean the Chief of Police of the City of Stockton or authorized representative thereof.
(f) "City Manager" shall mean the City Manager of the City of Stockton or authorized representative thereof.
(g) "Community Development Director" shall mean the Director of the Community Development Department of the City of Stockton or authorized representative thereof.
(h) "Employee" shall mean a "person," as herein defined, who, for pecuniary compensation, monetary or other consideration, hire or reward, performs services, entertainment or other activities in an adult-related establishment under the supervision, management, inspection, direction, organization, or control of an "adult-related establishment operator." "Employee" shall include persons being allowed and permitted by the "adult-related establishment operator" to perform such services, entertainment, or other activities whether or not such adult-related establishment operator directly provides the compensation, consideration, hire, or reward.
(i) "Entertainment" shall mean any act, play, revue, pantomime, scene, song, dance act, or song and dance act, which involves "specified sexual activities" or the display of "specified anatomical areas," as herein defined, or the display of "specified anatomical areas" whether in the performance of any act, play, revue, pantomime, scene, song, dance act, or song and dance act, or by any means whatsoever, conducted by or participated in by one or more persons, whether or not such person or persons are compensated for such performance or display. "Entertainment" also includes a fashion, style, or lingerie show.
(j) "Finance Director" shall mean the Director of the Finance Department of the City of Stockton or authorized representative thereof.
(k) "Fire Chief" shall mean the Fire Chief of the City of Stockton or authorized representative thereof.
(l) "Operate an adult-related establishment" shall mean the supervising, managing, directing, organizing, controlling, or in any manner being responsible for or in charge of the conduct of activities of an "adult-related establishment" or activities within an "adult-related establishment."
(m) "Permit" shall mean the permit that is required to be obtained pursuant to this Part by an "operator" of an "adult-related establishment."
(n) "Permittee" shall mean the person to whom an "adult-related establishment" permit is issued.
(o) "Person" shall mean any natural person, firm, partnership, corporation, association, or combination of the above in whatever form or character.
(p) "Specified anatomical areas" shall mean and include the following:
(1) "Less than completely and opaquely covered (I) human genitalia or pubic region; (ii) buttock; and (iii) female breast below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(q) "Specified sexual activities" shall mean and include the following:
(1) Actual or simulated intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed or clothed genitals, flagellation or torture in the context of a sexual relationship, the use of excretory functions in the context of a sexual relationship, and any sexually oriented acts or conduct; or
(2) The display of human genitalia in a state of sexual stimulation, arousal, or tumescence; or
(3) Use of human or animal masturbation, sodomy, oral copulation, coitus, or ejaculation; or
(4) Fondling or touching of nude human genitalia, pubic region, buttocks, or female breast; or
(5) Masochism, erotic, or sexually oriented torture, beating or the infliction of pain; or
(6) Erotic or lewd touching, fondling, or other contact with an animal by a human being; or
(7) Display or use of human excretion, urination, menstruation, vaginal, or anal irrigation.
(r) "Work permit" shall mean the permit required to be obtained pursuant to this Part by an employee in an adult-related establishment.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-804. OPERATOR PERMIT REQUIRED:
It shall be unlawful and a misdemeanor for any person to engage in, conduct, or carry on, or permit to be engaged in, conducted, or carried on, in or upon any premises in the City of Stockton, the operation of an adult-related establishment without having first obtained a written permit from the Finance Director. There shall be only one (1) permit for each adult-related establishment.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-805. APPLICATION:
Every person who proposes to maintain, operate, or conduct an adult-related establishment in the City of Stockton shall file an application for a permit with the Finance Director in writing on forms provided by the City of Stockton and shall pay a nonrefundable filing fee in the same amount as the fee for the permit to operate a massage establishment, as defined in this Code, and as established, from time to time, by resolution of the City Council. Any such application shall be under oath, in duplicate, and shall contain such information pertinent to the applicant and the business as the City may require. Such information required to be provided shall include, but may not be limited to, the following:
(a) The type of and proposed location of the adult-related establishment for which the permit is being sought;
(b) The name, including all aliases, by which the applicant is or has ever been known;
(c) The applicant's present residence address and the residence addresses and dates thereof for the three (3) years immediately preceding the date of application;
(d) The applicant's date of birth, height, weight, color of eyes and hair;
(e) The business, occupation, or employment and location of business, occupation, or employment, of the applicant for the three (3) years immediately preceding the date of application;
(f) The applicant's social security number and driver's license number, if any;
(g) The adult-related establishment or similar business license or permit history of the applicant including whether such applicant has previously operated in this or another City or State under a license or permit, whether such applicant has had such license or permit suspended or revoked and the reason therefor, and the business activity or occupation of such applicant subsequent to such license or permit suspension or revocation;
(h) Whether the applicant has ever been convicted of any of the following:
(1) An offense involving conduct which requires registration pursuant to California Penal Code Section 290, or as such Section may hereafter be amended or renumbered;
(2) An offense involving sexual misconduct with children;
(3) An offense involving theft or a series of petty theft offenses;
(4) An offense as defined in California Penal Code sections 243.4, 261, 261.5, 262, 266, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 309, 311.2, 311.3, 311.4, 311.5, 311.6, 311.11, 313.1, 314, 315, 316, 318, 647(a), 647(b), 647(d), or 647.6, as such Sections may hereafter be amended or renumbered;
(5) An offense involving conduct which requires registration pursuant to California Health and Safety Code Section 11590;
(6) Any felony offense specified in Division 10 of the California Health and Safety Code;
(7) Conspiracy to commit or an attempt to commit any of the aforesaid offenses; and
(8) Any offense in a jurisdiction outside of the State of California which is equivalent to any of the aforesaid offenses.
(i) 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 or the operation of a house of prostitution in such other jurisdiction. If any applicant herein has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other State, to engage in prostitution or operate a house of prostitution, a statement shall be submitted giving the place of such registration, licensing, or legal authorization, and the inclusive dates during which the applicant was so licensed, registered or authorized;
(j) Whether the applicant or former employer of the applicant while so employed, or a building in which the applicant was employed or a business was conducted by the applicant, was ever subjected to an abatement proceeding pursuant to California Penal Code Section 11225, 11470, or 11570, as such section may hereafter be amended or renumbered, or pursuant to similar provisions of law in a jurisdiction outside the State of California;
(k) The name and address of the owner(s) and lessor(s) of the real property upon which the adult-related establishment is to be conducted;
(l) If the applicant is a corporation, the application shall also set forth the name of the corporation exactly as shown on its articles of incorporation together with the names and residence addresses of each of the officers, directors, and each stockholder holding five (5) percent or more of the stock of the corporation. The corporation shall designate one of its officers to act as the responsible managing officer of the adult-related establishment. Such officer shall complete the application form as an individual applicant under this Part;
(m) If the applicant is a partnership, the application shall also set forth the names and residence addresses of each of the partners, including limited partners. The partnership shall designate one of the partners to act as the managing partner of the adult-related establishment. Such partner shall complete the application form as an individual applicant under this Part. If one or more of the partners is a corporation, the provisions of this Section pertaining to a corporate applicant shall apply.
The application for a permit pursuant to this Section shall not authorize the maintenance, operation, or conduct of an adult-related establishment until such permit has been granted. The issuance of a business license pursuant to Chapter 6 of the Stockton Municipal Code shall not authorize the maintenance, operation, or conduct of an adult-related establishment until the permit required pursuant to this Part has been lawfully granted.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-806. DOCUMENTS ACCOMPANYING APPLICATION:
The applicant for a permit shall accompany the application with the following documents:
(a) Two (2) recent passport-size portrait photographs of the applicant; and
(b) Written proof that the applicant is at least eighteen (18) years of age.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-807. REFERRAL TO OTHER DEPARTMENTS AND INVESTIGATION:
The Finance Director shall refer all applications for a permit to the Chief of Police, Fire Chief, and Community Development Director who shall conduct investigations and make written recommendations to the Finance Director concerning compliance with the laws and ordinances which they administer and enforce.
(a) Upon receipt of the application, the Chief of Police shall require the applicant to provide his or her fingerprints on forms provided by the Police Department of the City of Stockton, and such other information as may be necessary to establish the identity of the applicant and conduct the appropriate investigation. The Chief of Police shall investigate and ascertain the following:
(1) Whether the applicant has, within three (3) years immediately preceding the date of filing of the application, been convicted in a court of competent jurisdiction of any offense which relates directly to the operation of an adult-related establishment, whether as an operator or an employee, or of any felony the commission of which occurred on the premises of an adult-related establishment;
(2) Whether the applicant has, within three (3) years immediately preceding the date of filing of the application, had any adult-related establishment permit or work permit which has been issued in the State of California suspended or revoked;
(3) Whether the applicant has, within ten (10) years immediately preceding the date of filing of the application, completed a probationary period or has been released from prison after being convicted in a court of competent jurisdiction of any offense listed in Section 5-805 of this Part, or of any offense in a jurisdiction outside of the State of California which is the equivalent thereof,
(4) Whether the applicant has, within three (3) years immediately preceding the date of filing of the application, had any license, registration, or authorization of any other jurisdiction to engage in prostitution or to operate a house of prostitution suspended or revoked; and
(5) Whether the applicant has knowingly made a material misrepresentation or omission in the application for the permit.
The Chief of Police shall make a report of the findings of the investigation to the Finance Director together with recommendations, if any.
(b) The Fire Chief and Community Development Director, within the jurisdictions and duties of their particular departments, shall ascertain whether the premises to be used are suitable, proper, and adequate, and comply with all applicable laws, ordinances, and regulations. The Fire Chief and Community Development Director shall each make a report of their findings to the Finance Director, together with their recommendations, if any.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-808. BUSINESS LICENSE:
Nothing herein shall constitute a waiver of the requirements of Chapter 6 of the Stockton Municipal Code requiring issuance and possession of a valid business license.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-809. ANNUAL RENEWAL OF PERMIT:
A permit to operate an adult-related establishment shall be valid for a period of one (1) year from the date of issuance, unless earlier suspended or revoked. Any person who holds a valid permit to operate an adult-related establishment may obtain a new permit for the succeeding year by applying for said new permit and paying the required filing fee, in accordance with Section 5-805 of this Part, during the thirty (30) days preceding the expiration date of the current permit.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-810. TIME WITHIN WHICH TO GRANT OR DENY PERMIT:
The Finance Director shall review the application, together with the reports and recommendations of the Chief of Police, Fire Chief, and Community Development Director, and, within twenty (20) days of receipt of the report from the Department of Justice of the State of California dealing with the background investigation, shall grant said permit or notify the applicant that the Finance Director proposes to deny said permit, together with the grounds for denial as set forth in Section 5-811 of this Part. Said notice may be by personal delivery or by certified mail, return receipt requested, addressed to the address which the applicant provided on the application. In the event of denial of said permit, the applicant may appeal said denial in accordance with Section 5-815 of this Part by filing notice thereof with the City Manager within thirty (30) days of the date the notice was mailed.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-811. GROUNDS FOR DENIAL OF A PERMIT:
The following grounds shall constitute grounds for denial of an adult-related establishment permit:
(a) The establishment as proposed by the applicant does not comply with all applicable laws, including, but not limited to, ordinances relating to building, zoning, housing, health, fire protection, and other applicable laws and ordinances which the City has the responsibility to administer and enforce;
(b) The applicant has, within three (3) years immediately preceding the date of filing of the application, been convicted in a court of competent jurisdiction of any offense which relates directly to the operation of an adult-related establishment, whether as an operator or employee, or of any other felony offense the commission of which occurred on the premises of an adult-related establishment;
(c) The applicant has, within three (3) years immediately preceding the date of filing of the application, had a permit to operate an adult-related establishment or a work permit to work in or for an adult-related establishment which was issued in the State of California suspended or revoked;
(d) The applicant has, within three (3) years immediately preceding the date of filing of the application, been convicted in a court of competent jurisdiction of an offense involving theft or any series of petty thefts;
(e) The applicant has, within ten (10) years immediately preceding the date of the filing of the application, completed a probationary period or has been released from prison after being convicted in a court of competent jurisdiction of any offense listed in Section 5-805 of this Part, or of any offense in a jurisdiction outside the State of California which is the equivalent thereof;
(f) The applicant has knowingly made a material misrepresentation or omission in the application for the permit;
(g) The applicant is not at least eighteen (18) years of age as of the date of filing of the application;
(h) The applicant has not paid the required fee to the City of Stockton;
(i) The applicant has, within three (3) years immediately preceding the date of filing the application, been licensed or registered in any State as a prostitute or otherwise authorized by any State to engage in prostitution or to operate a house of prostitution; or
(j) The applicant has had a permit for an adult-related establishment denied, suspended, or revoked for cause by this City within five (5) years preceding the date of filing of the application.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-812. SUMMARY SUSPENSION OF A PERMIT OR OF A WORK PERMIT:
Any permit or work permit issued hereunder may be summarily and temporarily suspended by the Chief of Police or the Finance Director in the event that it is determined that the holder of such permit or work permit has been arrested and charged with any offense which would constitute grounds for denial of a permit or work permit pursuant to Section 5-811 of this Part. Any such suspension shall be accomplished by written notification of the suspension and the reasons therefor, by personal service or sent by first-class mail or certified mail, return receipt requested, to the address as approved in the permit or the work permit.
Within twenty-four (24) hours thereafter, a copy of such notice, together with the reasons for the suspension, shall be transmitted to the City Manager. The City Manager shall, within five (5) days after the suspension, set a hearing on the matter in accordance with Section 5-815 of this Part. Said hearing shall be held within ten (10) days following the date of setting the hearing. The holder of the permit or work permit shall be given notice of said hearing at least five (5) days prior to the hearing date. Said notice may be by personal service or sent by first-class mail or certified mail, return receipt requested, to the business address as approved in the permit or the work permit.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-813. SUSPENSION OR REVOCATION BY CITY MANAGER:
The City Manager may initiate permit or work permit suspension or revocation proceedings by sending written notice setting forth the grounds for such suspension or revocation. Said notice shall be by personal service or sent by first-class mail or certified mail, return receipt requested, to the business address as approved in the permit or to the address of the holder of the work permit as listed on the application. Within ten (10) days of the date of personal service, or within fifteen (15) days of the date of mailing, of such notice of suspension or revocation, the holder of the permit or work permit that is subject to the suspension or revocation may appeal such suspension or revocation by filing with the City Manager a written notice of appeal setting forth the grounds for appeal and why such appeal should be granted. The City Manager, within five (5) days of receipt of the written notice of appeal, shall set a hearing on the matter in accordance with Section 5-815 of this Part. The hearing shall be held within fifteen (15) days of the date of setting of the appeal. The applicant shall be given notice at least five (5) days before the date of the hearing. Said notice shall be given by personal service or sent by first-class mail or certified mail, return receipt requested, to the business address approved on the permit or to the address of the holder of the work permit as listed on the application. In the event no written notice of appeal is filed within the time periods specified in this Section, the suspension or revocation shall be effective, and the right to an appeal shall be deemed to have been waived.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-814. GROUNDS FOR SUSPENSION/REVOCATION OF PERMIT:
Any permit issued for an adult-related establishment may be suspended and/or revoked by the City Manager after a hearing pursuant to Section 5-816 of this Part where it is found that:
(a) The operator has violated any of the provisions of this Part.
(b) The operator has been convicted in a court of competent jurisdiction of any offense constituting grounds for denial of the permit pursuant to Section 5-811 of this Part.
(c) The operator has engaged in fraud, misrepresentation, or false statements in conducting the adult-related establishment.
(d) The operator has failed to correct a violation found pursuant to Sections 5-822 through 5-830, inclusive, of this Part.
(e) The operator has continued to operate the adult-related establishment after the permit has been suspended.
(f) The operator has allowed a person to work as an employee, as defined herein, who:
(1) Does not possess a valid work permit; or
(2) Has been convicted of any offense described in Section 5-833 of this Part, where the operator has actual or constructive knowledge of such conviction.
(g) The operator has failed to remit to the City of Stockton a civil penalty imposed in accordance with Section 5-819 of this Part.
(h) The operator has failed to comply with any condition or deadline which has been ordered pursuant to the decision of the Administrative Adjudication Hearing Officer in accordance with Section 5-816 of this Part.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-815. ADMINISTRATIVE ADJUDICATION HEARING REQUIRED:
The City Manager shall set and cause a hearing to be held by an Administrative Adjudication Hearing Officer (hereinafter "Hearing Officer") appointed by the City Manager:
(a) Upon the appeal by an applicant from the decision of the Finance Director to deny the granting of the permit;
(b) Upon the appeal by an applicant from the decision of the Finance Director to deny the granting of a work permit;
(c) Upon the summary suspension of a permit pursuant to Section 5-812 of this Part;
(d) Upon the summary suspension of a work permit pursuant to Section 5-812 of this Part; or
(e) Upon the City Manager's determination to initiate suspension or revocation proceedings pursuant to Section 5-813 of this Part.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-816. ADMINISTRATIVE ADJUDICATION HEARING PROCEDURE:
(a) The City Manager shall appoint a Hearing Officer to preside over the Administrative Adjudication Hearing provided for herein. Such Hearing Officer shall not be an officer or employee of the City of Stockton, and compensation of such Hearing Officer shall not in any manner be related to or contingent upon any decision rendered as a result of the hearing of the matter.
(b) The City Manager shall establish and promulgate all appropriate rules and procedures for conducting hearings and rendering decisions pursuant to this Section. Such rules and procedures may include, but not be limited to, the following:
(1) The Administrative Adjudication Hearing shall be recorded.
(2) Oral testimony presented by any person shall be under oath.
(3) Any person may present written evidence to the Hearing Officer for consideration.
(4) The Administrative Adjudication Hearing shall be an informal proceeding and acceptance of oral testimony or documentary evidence shall not be governed by the strict rules of evidence.
(c) The Hearing Officer shall consider any written or oral evidence consistent with the rules and procedures for public hearings regarding the following issues:
(1) The appropriate representative(s) of the City of Stockton shall present information or testimony relating to the grounds for denial, suspension, or revocation of the permit or work permit, or relating to any violation and the appropriate means of correcting the violation.
(2) The appellant may present testimony or other evidence relevant to the grounds for the appeal or in mitigation of the proposed action relating to the denial, suspension, or revocation of the permit or work permit, or relating to any violation for which civil penalties are being proposed to be imposed.
(3) Any other person, in the discretion of the Hearing Officer, may present testimony or other evidence relevant to the matter being heard.
(4) Failure of any person to appear at the scheduled time and place for the Administrative Adjudication Hearing shall not preclude the Hearing Officer from conducting the hearing at such time.
(5) The person requesting the Administrative Adjudication Hearing shall, upon request, be entitled to a single continuance of the hearing time and place, but in no event shall such continuance exceed a period of ten (10) calendar days.
(d) Within ten (10) days after the conclusion of the Administrative Adjudication Hearing, the Hearing Officer shall render a written decision granting or denying the appeal and setting forth the grounds therefor. Said written decision shall be served on the appellant by personal service or by first class mail or certified mail, return receipt requested, at the address on the application for a permit or a work permit. The Hearing Officer may reduce or conditionally reduce any suspension being proposed or which had been summarily imposed. The Hearing Officer may also impose conditions and deadlines by which the permittee is to correct any violation the grounds for which was the cause for the proposed suspension or revocation or the summary suspension.
(e) In the event the Administrative Adjudication Hearing is for the purpose of imposing a civil penalty in accordance with Section 5-819 of this Part, the Hearing Officer shall, within ten (10) days, render a written decision granting or denying the appeal and setting forth the grounds therefor. Said decision shall be served on the appellant by personal service or by first class mail or certified mail, return receipt requested, mailed to the address approved on the permit or work permit. The Hearing Officer may reduce, waive, or conditionally reduce the civil penalties stated in the administrative citation, but in no event can the Hearing Officer reduce said civil penalty below the minimum established by resolution of the City Council. The Hearing Officer may also impose conditions and deadlines by which to correct the violation or pay any outstanding civil penalty.
(f) The failure of any person with an interest in the property upon which an adult-related establishment is proposed to be established or upon which an adult-related establishment exists to receive notice of the Administrative Adjudication Hearing or the decision of the Hearing Officer shall not affect the validity of any proceedings taken under this Section. Service of notice by mail in the manner described in this Part shall become effective on the date of mailing.
(g) The failure of any person with an interest in the permit or the work permit to receive notice of the Administrative Adjudication Hearing or the decision of the Hearing Officer when such notice has been mailed to the address on the application, permit, or work permit shall not affect the validity of any proceedings taken under this Section. Service of notice by mail in the manner described in this Part shall become effective on the date of mailing.
(h) The decision of the Hearing Officer regarding any appeal of the denial, suspension, or revocation of a work permit, or regarding the imposition of any civil penalties in accordance with this Part shall be the final and binding administrative order and decision.
(i) The decision of the Hearing Officer regarding any appeal of the denial, suspension or revocation of a permit may be appealed to the City Manager in accordance with Section 5-817 of this Part.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-817. APPEAL TO CITY MANAGER:
Any person aggrieved by the decision of the Hearing Officer regarding the denial, suspension, or revocation of a permit may appeal to the City Manager within ten (10) days of the issuance of the written decision by the Hearing Officer by filing such appeal in writing setting forth the grounds therefor. Failure to submit such written appeal to the City Manager within the ten (10) day period shall constitute a waiver of the right to appeal the decision of the Hearing Officer. The City Manager shall review the official record of the Administrative Adjudication Hearing and may grant or deny such appeal using the standard of whether the decision of the Hearing Officer was an abuse of discretion or was as a result of bias or prejudice. No additional testimony or evidence shall be considered by the City Manager in conducting this review. In the event the City Manager grants such appeal, the City Manager may order that the permit be granted, the suspension or revocation be rescinded, or that a further Administrative Adjudication Hearing be convened to hear the matter. The decision of the City Manager shall be final and binding. In the event the City Manager upholds the decision of the Hearing Officer and denies the appeal, the appellant shall be informed in writing of such denial and shall be advised of his or her right to pursue judicial review in accordance with applicable State law. Said written decision of the City Manager shall be made within fifteen (15) days of receipt of the notice of appeal, and shall be served on the appellant by personal service or by first-class mail or certified mail, return receipt requested, at the address on the application or permit.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-818. VIOLATIONS:
It shall be unlawful for any person to violate any of the provisions, or fail to comply with any of the mandatory requirements of this Part. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Part shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this Part shall be punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Part is committed, continues, or permitted by such person and shall be punished accordingly.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-819. CIVIL PENALTIES:
In the event it is deemed advisable and appropriate by the City Manager, the appropriate representative of the City of Stockton may initiate proceedings in accordance with Part VII of Chapter I of the Stockton Municipal Code to address a violation of any of the provisions or mandatory requirements of this Part.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-820. ADDITIONAL PENALTIES:
In addition to the penalties hereinabove provided and referenced, any condition caused or permitted to exist in violation of any of the provisions of this Part shall be deemed a public nuisance and may be, by this City, summarily abated as such and each day such condition continues shall be regarded as a new and separate offense.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-821. RETURN OF PERMIT/CLOSURE OF PREMISES:
Upon revocation or suspension, the permit shall be returned to the Finance Director for cancellation or holding pending the period of suspension. The Finance Director may direct or cause the premises to be closed and locked against use by the public when deemed reasonably necessary by the Finance Director in order to ensure compliance with an order of suspension or revocation. In the case of a suspension of a permit, said closure of premises to the public shall not exceed ninety (90) days and may be terminated prior to the expiration of such period upon request of the owner of the premises accompanied by a statement under oath that the premises will not be used as an adult-related establishment during the remainder of the suspension period.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-822. INSPECTION:
Any person operating an adult-related establishment shall during the business hours be responsible for, and provide, that any premises used for the purposes of an adult-related establishment shall be readily accessible and open for inspection by law enforcement officers or other employees of the City of Stockton who are charged with enforcement of health and safety or penal laws of the City of Stockton or State of California.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-823. HOURS OF OPERATION:
No person shall operate an adult-related establishment between the hours of 2:00 a.m. and 10:00 a.m.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-824. ALCOHOLIC BEVERAGES PROHIBITED:
No alcoholic beverages shall be sold, served, furnished, kept, or possessed on the premises of any adult-related establishment.
(Added by Ordinance 017-94C.S. — Effective May 16,1994)
SEC. 5-825. OUT-CALL ADULT-RELATED OPERATION PROHIBITED:
All operations of an adult-related establishment shall be conducted on the premises for which the permit was issued. No out-call services or entertainment or other activities which involve "specified sexual activities" or the display of "specified anatomical areas," as defined herein, shall be performed.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-826. BUSINESS NAME:
No person issued a permit to operate an adult-related establishment shall operate under any name or conduct business under any designation not specified in the permit.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-827. BUSINESS LOCATION CHANGE:
Upon a request to change the location of an adult-related establishment, an application to the Finance Director shall be made and such application shall be granted, provided all applicable provisions of this Code have been complied with and the change of location fee, in an amount as may be established from time to time by resolution of the City Council, has been paid to the City.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-828. SALE/TRANSFER OF INTEREST OF ADULT-RELATED ESTABLISHMENT:
The sale or transfer of any interest in any adult-related establishment shall be reported to the Finance Director ten (10) days prior to such sale or transfer. A new application, pursuant to Section 5-805 of this Part, shall be filed and an investigation conducted pursuant to Section 5-807 as to the person obtaining such interest. If such person satisfies the requirements related to adult-related establishment operator applicants, the existing permit shall be endorsed to include such person. A fee in the same amount as the fee established for the sale or transfer of a massage establishment interest, as defined in this Code, and as may be established from time to time by resolution of the City Council shall be paid to the City for the investigation necessitated by such sale or transfer.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-829. DISPLAY OF PERMIT AND WORK PERMITS:
The operator shall display the adult-related establishment permit, together with the work permit of each employee, in an open and conspicuous place on the premises. Passport size photographs of the operator and employee(s) shall be affixed to the respective permit and work permit(s) on display pursuant to this Section. Residence addresses of the operator or employee(s) need not be displayed. (Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-830. RECORDS:
The operator of the adult-related establishment shall maintain a current file on all employees. This file shall contain, respectively, for the operator and each employee: the true name and aliases used; the age, birth date, height, weight, color of hair and eyes; home address, phone number, and social security number; and, the date of employment and termination. The operator shall make all records immediately available upon request of any law enforcement officer.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-831. PRE-EXISTING OPERATORS AND EMPLOYEES:
All operators of existing adult-related establishments, and all employees, as defined herein, in the City of Stockton, upon the effective date of this Part, shall file an application and comply with all requirements of this Part within ninety (90) days. (Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-832. EMPLOYEE WORK PERMIT REQUIRED:
It shall be unlawful and a misdemeanor for any person to act as an employee, as defined herein, of an adult-related establishment without first having acquired a valid work permit from the Finance Director and complying with all of the regulations contained in this Part.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-833. APPLICATION FOR WORK PERMIT:
An application for a work permit shall be filed with the Finance Director and shall be in writing on forms provided by the City and shall be accompanied by payment of a nonrefundable fee in the same amount as the fee established for a massage technician's work permit, as defined in this Code, and as may be established from time to time by resolution of the City Council. Any such application shall be under oath, in duplicate, and shall contain such information pertinent to the applicant as the City may require. Such information shall include, but may not be limited to, the following:
(a) The name, including all aliases, by which the applicant is or has ever been known;
(b) The applicant's present residence address and the residence addresses and dates thereof for the three (3) years immediately preceding the date of application;
(c) The applicant's date of birth, height, weight, color of eyes and hair;
(d) The business, occupation, or employment, and location of business, occupation, or employment, of the applicant for the three (3) years immediately preceding the date of application;
(e) The applicant's social security number and driver's license number, if any;
(f) The adult-related establishment or similar business license or permit history of the applicant including whether such applicant has previously operated in this or another City or State under a license or permit, whether such applicant has had such license or permit suspended or revoked and the reason therefor, and the business activity or occupation of such applicant subsequent to such license or permit suspension or revocation;
(g) Whether the applicant has ever been convicted of any of the following:
(1) An offense involving conduct which requires registration pursuant to California Penal Code Section 290, or as Such section may hereafter be amended or renumbered;
(2) An offense involving sexual misconduct with children;
(3) An offense involving theft or a series of petty theft offenses;
(4) An offense as defined in California Penal Code sections 243.4, 261, 261.5, 262, 266, 266a, 266b, 266c, 266e, 266g, 266h, 266i, 309, 311.2, 311.3, 311.4, 311.5, 311.6, 311.11, 313.1, 314, 315, 316, 318, 647(a), 647(b), 647(d), or 647.6, as such sections may hereafter be amended or renumbered;
(5) An offense involving conduct which requires registration pursuant to California Health and Safety Code Section 11590;
(6) Any felony offense specified in Division 10 of the California Health and Safety Code;
(7) Conspiracy to commit or an attempt to commit any of the aforesaid offenses; and
(8) Any offense in a jurisdiction outside of the State of California which is equivalent to any of the aforesaid offenses.
(h) 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 or the operation of a house of prostitution in such other jurisdiction. If any applicant herein has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other State to engage in prostitution or operate a house of prostitution, a statement shall be submitted giving the place of such registration, licensing, or legal authorization, and the inclusive dates during which the applicant was so licensed, registered, or authorized;
(i) Whether the applicant or former employer of the applicant while so employed, or a building in which the applicant was employed or a business was conducted by the applicant, was ever subjected to an abatement proceeding pursuant to California Penal Code Section 11225, 11470, or 11570, as such Section may hereafter be amended or renumbered, or pursuant to similar provisions of law in a jurisdiction outside the State of California.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-834. DOCUMENTS ACCOMPANYING APPLICATION:
The applicant for a work permit shall accompany the application with the following documents:
(a) Two (2) recent passport-size portrait photographs of the applicant;
(b) Written proof that the applicant is at least eighteen (18) years of age;
(c) Two (2) copies of applicant's fingerprints on forms provided by the Stockton Police Department. (Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-835. REFERRAL TO CHIEF OF POLICE AND INVESTIGATION:
The Finance Director shall refer all applications for a work permit to the Chief of Police who shall conduct an investigation and make written recommendations to the Finance Director concerning the background investigation. Such investigation shall include, but may not be limited to, those areas listed in Section 5-807 of this Part.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-836. ANNUAL RENEWAL OF WORK PERMIT:
A work permit to be an employee in an adult-related establishment shall be valid for a period of one (1) year from the date of issuance, unless earlier suspended or revoked. Any person who holds a valid work permit may obtain a new work permit for the succeeding year by applying for said work permit, in accordance with Section 5-833 of this Part, during the thirty (30) days preceding the expiration date of the current permit.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-837. TIME WITHIN WHICH TO GRANT OR DENY WORK PERMIT:
The Finance Director shall review the application together with the reports and recommendations of the Chief of Police, Fire Chief, and Community Development Director, and, within twenty (20) days of receipt of the report from the Department of Justice of the State of California dealing with the background investigation, shall grant said work permit or notify the applicant that the Finance Director proposes to deny said work permit, together with the grounds for denial as set forth in Section 5-838 of this Part. Said notice may be by personal delivery or by certified mail, return receipt requested, addressed to the address which the applicant provided on the application. In the event of denial of said work permit, the applicant may appeal said denial in accordance with Section 5-815 of this Part by filing notice thereof with the City Manager within thirty (30) days of the date the notice was mailed.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-838. GROUNDS FOR DENIAL OF A WORK PERMIT:
The grounds for denial of a work permit shall be those listed in Section 5-811 of this Part with the exception of Subsection (a) thereof.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-839. GROUNDS FOR SUSPENSION/REVOCATION OF A WORK PERMIT:
Any work permit issued hereunder may be suspended and/or revoked by the City Manager after a hearing pursuant to Section 5-816 of this Part where it is found that:
(a) The employee has violated any of the provisions of this Part;
(b) The employee has been convicted in a court of competent jurisdiction of any offense constituting grounds for denial of the work permit pursuant to Section 5-838 of this Part;
(c) The employee has engaged in fraud, misrepresentation, or false statements while performing services, entertainment, or other activities in an adult-related establishment; or
(d) The employee has continued to operate as an employee in an adult-related establishment after the work permit has been suspended.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
SEC. 5-840. RETURN OF WORK PERMIT:
Upon suspension, the work permit shall be returned to the Finance Director for holding during the period of suspension. Upon revocation, the work permit shall be returned to the Finance Director for cancellation.
(Added by Ordinance 017-94C.S. — Effective May 16, 1994)
Stockton, CA 
