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HomeMy WebLinkAboutNS-1336ORDINANCE NO. NS-1336 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING THE SANTA ANA MUNICIPAL CODE BY AMENDING SECTIONS 12-123, 12-125, 12-127, 12-128 AND 12-129 TO PROVIDE THAT FIGURE MODEL STUDIO PERMIT FEES AND FIGURE MODEL PERMIT FEES SHALL BE SET BY RESOLUTION OF THE CITY COUNCIL. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 12-123 of the Santa Ana Munici- pal Code is hereby amended to read as follows: Section 12-123. Figure Model Studio Permit (a) Any person desiring to obtain a permit to operate a figure model studio shall make application to the Chief of Police or his designated representative. Prior to submitting such application a nonrefundable fee established by resolution of the City Council shall be paid to the Department of Finance to defray, in part, the costs of investigation and report required by this Article. The Department of Finance shall issue a re- ceipt showing that such permit application fee has been paid. The receipt, or a copy thereof, shall be supplied to the Chief of Police at the time such application is submitted. (b) The application for permit does not authorize con- ducting a figure model studio until such permit has been granted. (c) Each applicant for a figure model studio permit shall furnish the following information: (1) The full true name and any other names used by the applicant. (2) The present address and telephone number of the applicant. (3) The previous addresses of the applicant, if any, for a period of three (3) years immediately prior to the date of the application and the dates of residence at each. (4) Acceptable written proof that the applicant is at least eighteen (18) years of age. (5) The applicant's height, weight, color of eyes and hair, and date of birth. (6) Two photographs of the applicant at least two (2) inches by two (2) inches taken within the last six months. (7) Business, occupation or employment history of the applicant for the three (3) years immediately preceding the date of application. ORDINANCE NO. NS-1536 Page two (8) The business license history of the applicant and whether such applicant, in previously operat- ing in this or any other city, state or territory under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation. (9) Ail convictions, including ordinance violations, exclusive of traffic violations, stating the dates and places of any such convictions. (10) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its Articles of Corporation or Charter, together with the state and date of incorporation, and the names and addresses of each of its current officers and directors, and of each stockholder holding more than five percent (5%) of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the name, residence address and dates of birth of each of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its Certificate of Limited Partnership as filed with the County Clerk. If one or more of the partners is a corporation, the pro- visions of this subsection pertaining to corpora- tions shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated person shall complete and sign all application forms required of an individual applicant under this ordinance, but only one appli- cation fee shall be charged. (11) The name and address of the owner and lessor of the real property upon which the business is to be conducted, and a copy of the lease or rental agree- ment. (12) Such other identification and information as the Police Department may require in order to dis- cover the truth of the matters hereinbefore speci- fied as required to be set forth in the application. (13) The Chief of Police may require the applicant to furnish fingerprints when needed for the purpose of establishing identification. (d) The applicant, if an individual, or designated responsible managing officer, if the applicant is a partnership or corporation, shall personally appear at the Police Department of the City of Santa ~a and pro- duce proof that the required application fee has been paid and shall present the application containing the aforementioned and described information. (e) The Chief of Police shall have a reasonable time in which to investigate the application and background of the applicant. The Chief of Police or his representa- tive shall render a recommendation as to the approval or denial of the permit to the City Manager. The De- partment of Building Safety and Housing, the Fire Depart- ment, and the Orange County Health Department shall inspect the premises proposed to be devoted to the figure model studio and shall make separate recommendations to the City Manager concerning compliance with applicable ORDINANCE NO. NS-1356 Page three laws. The proprietor of such establishment shall pay a fee established by resolution of the City Council to the County Health Officer as reimbursement for the County Health Officer's Public Health and Sanitation services for said inspection. (f) The City Manager, after receiving the application and aforementioned recommendations, shall grant the permit if he finds: (1) The required fee has been paid. (2) The application conforms in all respects to the provisions of this ordinance. (3) The applicant has not knowingly made a material misrepresentation in the application. (4) The applicant, if an individual, or any of the stockholders of the corporation, any officers or directors, if the applicant is a corporation, or any of the partners, including limited part- ners, if the applicant is a partnership, has not, within five (5) years prior to the application filing date been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code section 290, or of conduct which is a violation of the provisions of California Penal Code sections 314, 315, 316, 318, 647(a), 647(b), 647(d) or 647(h), or convicted in any other state for an offense which, if committed in this state, would have been punish- able as one or more of the aforementioned offenses, or any crime involving dishonesty, fraud, deceit, or moral turpitude. (5) The applicant has not had a figure modeling studio permit or model permit or other similar license or permit denied or revoked for cause by this city or any other city located in or out of this state within the five (5) years prior to the date of application. (6) The figure model studio as proposed by the applicant would comply with all applicable laws, including but not limited to, health, zoning, fire and building safety requirements and standards. (7) The applicant is at least eighteen (18) years of age. (g) Any person, corporation or partnership denied a permit by the City Manager pursuant to these provisions may appeal such decision pursuant to Chapter 3 of the Santa Ana Municipal Code. SECTION 2: That section 12-125 of the Santa Ana Munici- pal Code is hereby amended to read as follows: Section 12-125. Figure Model Permit (a) Any person desiring to obtain a permit to act as a figure model shall make application to the Chief of Police or his designated representative. Prior to sub- mitting such application a nonrefundable fee established by resolution of the City Council shall be paid to the ORDINANCE N0. NS-1336 Page four Code Department of Finance to defray, in part, the cost of investigation and report required by this ordinance. The Department of Finance shall issue a receipt show- ing that such permit application has been paid. The receipt, or copy thereof, shall be supplied to the Chief of Police at the time such application is submitted. (b) The application for permit does not authorize act- ing as a figure model until such permit has been granted. (c) Each applicant for a figure model permit shall fur- nish all the information required by section 12-123(c) (1) through (9) of this ordinance, and shall in addition furnish the following information: (1) The figure model studio, if any, at which the applicant expects to be employed. (2) Such other identification and information as the Police Department may require in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application. (3) The Chief of Police may require the applicant to furnish fingerprints when needed for the purpose of establishing identification. (d) The Chief of Police shall have a reasonable time in which to investigate the application and background of the applicant. The Chief of Police or his representa- tive shall render a recommendation as to the approval or deDial of the permit to the City Manager. (e) The City Manager, after receiving the application and aforementioned recommendation, shall grant the per- mit if he finds in accordance with section 12-123(f). (f) Any person denied a permit by the City Manager pursuant to these provisions may appeal such decision pursuant to Chapter 3 of the Santa Ana Municipal Code. SECTION 3: That section 12-127 of the Santa Ana Municipal is hereby amended to read as follows: Section 12-127. Figure Model Studio Operation Every person operating a figure model studio shall comply with the following operating requirements. These require- shall be prominently and publicly displayed by the person(s) operating such figure model studio in a conspic- uous place upon every premises operating under the pro- visions of this ordinance. (a) Each person employed or acting as a figure model shall have a valid permit issued by the City of Santa Ana, and it shall be unlawful for any owner, operator, responsible managing employee, manager or permittee in charge of or in control of the studio to employ or permit a person to act as a figure model as defined in this code who is not in possession of a valid unrevoked figure model permit. (b) Figure model services shall be carried on, and the premises shall be open, only between the hours of 7:00 a.m. and 12:00 midnight. ORDINANCE NO. NS-1336 Page five (c) The figure model permit, and a copy of the permit of each and every figure model employed in the studio, shall be displayed in an open and conspicuous place on the premises. (d) No person shall enter, be or remain, in any part of a figure model studio while in the possession of, con- suming, or using any alcoholic beverage or drug except pursuant to a prescription for such drug. The owner, operator, responsible managing employee, manager or permittee shall not permit any such person to enter or remain upon such premises. (e) No figure model studio shall operate as a massage establishment or school of massage, or use the same facil- ities as that of a massage establishment or school of massage, except as provided below. The nonconforming use of figure model studios as massage establishments or school of massage, existing on or before December 1, 1976, may be continued, but shall be discontinued on or before January 1, 1979. SECTION 4: That section 12-128 of the Santa Ana Municipal Code is hereby amended to read as follows: Section 12-128. Sale or Transfer (a) Upon the sale or transfer of any interest in a figure model studio, the permit shall be null and void. A new application shall be made by any person desiring to own or operate the figure model studio. A fee estab- lished by resolution of the City Council shall be payable for each such application involving sale or other trans- fer of any interest in an existing figure model studio. The provisions of Section 12-123 of this Chapter shall apply to any person applying for a figure model studio permit for premises previously used as such studio. (b) Any such sale or transfer of any interest in an exist- ing figure model studio or any application for an extension or expansion of the building or other place of business of the figure model studio, shall require inspection and shall require compliance with section 12-126 of this ordinance. SECTION 5: That section 12-129 of the Santa Ana Municipal Code is hereby amended to read as follows: Section 12-129. Change of Location or Name (a) A change of location of any of the aforementioned and described premises may be approved by the Chief of Police and the Director of Planning, provided all ordi- nances and regulations of the City of Santa Ana are com- plied with and a change of location fee as established by resolution of the City Council is deposited with the City. (b) No permittee shall operate under any name or conduct any establishment under any designation not specified in his permit. SECTION 6: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of compe- tent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ORDINANCE NO. NS-1336 Page six ordinance and each section, subsection, sentence, clause, phrase or portions thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 7: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. on the ADOPTED by the City Council of the City of Santa Ana 28th day of December, 1976, by the following vote: Evans, Yamamoto, Bricken, AYES: COUNCILMEN: Garthe, Brandt, Ward NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Ortiz ATTEST: CLERK OF THE COUNCIL APPROVED AS TO FORM: KEITH L. GOW, City Attorney