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HomeMy WebLinkAbout92-30 - Adding Chapter 5.30 of the Newport Beach Municipal Code Pertaining to Model Studios• • NO. 92-30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 5.30 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO MODEL STUDIOS. The City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: Chapter 5.30 of the Newport Beach Municipal Code is adopted to read: M 0 D E L S T U D I O Sections: 5.30.005 Findings And Purpose. 5.30.010 Definitions. 5.30.020 Permit Required. 5.30.030 Permit Application. 5.30.035 Permit Application Contents. 5.30.040 Issuance Of Permit -- Investigation. 5.30.045 Transfer And Duration Of Permits. 5.30.050 Disrobing Prohibited. 5.30.060 Distance Requirements. 5.30.070 Premises Open For Inspection. 5.30.075 Communication Device. 5.30.080 Figure Model Permit. 5.30.085 Figure Model Permit -- Display. 5.30.090 Suspension, Revocation, Denial And Appeal. 5.30.095 Figure Model Permit -- Return Upon Non - Employment. 5.30.100 Violation And Penalty. Section 5.30.005. Findings And Purpose. The City Council finds and declares as follows: A. The City of Newport Beach is authorized, by virtue of the provisions of the City Charter and powers granted by the State, to impose reasonable regulations upon the conduct of economic enterprises to protect the health, safety and welfare of citizens of Newport Beach. B. The City Council is aware of the potential for acts of prostitution and other unlawful sexual activity occurring in business establishments which offer nude modeling, and the establishment of standards for issuance of permits and restrictions on the operation of such businesses would serve to protect public welfare and reduce the risk of illegal activity. C. The restrictions and requirements contained in this Chapter reduce the burdens on the Police Department. Section 5.30.010. Definitions. The following terms used in this Chapter shall have the meanings indicated below: -1- A. "Model Studio" means any business which provides persons who model or pose in the nude or semi -nude for the purpose of being observed, sketched, drawn, painted, sculpted or photographed in the nude, or semi -nude, by persons who provide any form of consideration or gratuity for the right or opportunity to observe •or depict the nude or semi -nude figure model or for admission to, or as a condition of, remaining upon the premises. "Model Studio" does not include any studio or classroom which is operated by any state college or community college or school wherein the person operating the studio or classroom has met the requirements established in Division 21 of the Education Code for the issuance or conferring of and is in fact authorized to issue and confer a diploma or honorary diploma. B. "Figure Model" means any person, male or female, who models or poses while nude or semi -nude to be observed, viewed, sketched, painted, drawn, sculpted, photographed or otherwise similarly depicted. C. "Nude" or "semi- nude" means completely without clothing • or covering or state of dress which fails to opaquely cover: 1. human genitals, pubic region; or 2. the buttocks; or 3. female breast(s) below a point immediately above the top of the areola. D. "City Manager" means the City Manager of the City of Newport Beach or his or her designee. Section 5.30.020. Permit Required. No person shall engage in, conduct, manage or carry -on the business of nude or semi -nude posing or modeling, simulated nude or semi -nude modeling, or conduct, manage or carry -on any place where such posing or modeling is available or open to the public within the City without first •obtaining a permit pursuant to the provisions of this Chapter, and securing the necessary zoning permits and business licenses required by this Code. No person shall act as a nude or semi -nude model for a fee or gratuity without a written permit from the City Manager. Section 5.30.030. Permit Application. Applications for Model Studio Permits and Figure Model Permits shall be filed with -2- the City Manager on forms supplied by the City, together with a fee established by Resolution of the City Council to cover the cost of processing and investigation. The application shall be signed and verified by the applicant and shall contain such information as may be deemed necessary. The City Manager may require that the • applicant be fingerprinted and photographed. Section 5.30.035. Permit Application Contents. Any applicant for a permit shall submit the following information: A. The full name and present address of the applicant. B. The two previous addresses immediately prior to the present address of the applicant. C. Written proof that the applicant is over the age of eighteen (18) years. D. Applicant's height, weight, color of eyes and hair. E. Applicant's business occupation or employment for the three years immediately preceding the date of the application. F. The business license and /or permit history of the applicant, including whether the applicant has ever had any license • or permit issued by any agency, board, city, county, territory or state. The date of issuance of such license or permit, including whether the license or permit was denied, revoked or suspended. Also, whether a vocational or professional license or permit was denied, revoked or suspended, and the reason therefor. G. All criminal convictions, excluding minor traffic violations, including date and place of each such conviction and the reason therefor. H. Authorization for the City, its agents and employees, to seek verification of the information contained in the application. I. Such other information and identification as deemed necessary by the Chief of Police. contained in the application is true and correct. Section 5.30.040. Issuance Of Permit -- Investigation. Upon receiving an application for a Model Studio or Figure Model Permit, the City Manager shall cause an investigation to be made to determine whether a permit should be issued as requested. The -3- A statement in writing, and dated by the applicant, that •J. he or she certifies under penalty of perjury that all information contained in the application is true and correct. Section 5.30.040. Issuance Of Permit -- Investigation. Upon receiving an application for a Model Studio or Figure Model Permit, the City Manager shall cause an investigation to be made to determine whether a permit should be issued as requested. The -3- Chief of Police shall, within forty -five (45) days of the filing of an application, recommend the City Manager approve, conditionally approve or deny the application. The forty -five (45) day period may be extended for up to thirty (30) additional days, if necessary to complete the investigation. The City Manager shall issue such •permit as requested, unless the City Manager makes any of the following findings: A. The applicant, if an individual, or any of the officers or directors of the corporation, if the applicant is a corporation; or a partner, if the applicant is a partnership, or any person directly engaged or employed in the massage establishment, 1. has been convicted of a violation of California Penal Code Sections 266h, 2661, 314, 315, 316, 318, Subsections (a) , (b) and (g) of Penal Code Section 647 or 650.5, or any other provision of law pursuant to which a person is required to register under the provisions of Penal Code Section 290. 2. has been convicted of a violation of Health and • Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code Section 11054, 11055, 11056, 11057 or 11058. 3. has been convicted of any offense in any other state which is the equivalent of any of the above - mentioned offenses. 4. has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Sections 11225 through 11235 of the California Penal Code, or any similar provisions of law in a jurisdiction outside the State of California. • 5. has engaged in conduct which would constitute an offense as described in Paragraph 1 of this subsection, within five (5) years immediately prior to the filing of any application. 6. has committed an act in another jurisdiction, which if committed in this state would have been a violation of law or, which, if done by a permittee under this Chapter, would be QC grounds for denial, suspension or revocation of the permit. 7. has been convicted of an act involving dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are related to the qualifications, functions or duties of the operator. •B. The applicant has made a false, misleading or fraudulent statement of fact to the City in the Permit application process. C. The application does not contain all of the information required. D. The Model Studio, as proposed by the applicant, does not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements and standards. E. The applicant has not satisfied the requirements of Chapter 20.74 of this Code. Section 5.30.045. Transfer And Duration Of Permits. A. No permit issued hereunder shall be transferable to any other person or establishment. B. All Model Studio and Figure Model permits shall be issued • for the period of twelve (12) months and shall expire twelve (12) months from its issuance. C. Renewal applications for the next insuring permit shall be filed no later than thirty (30) days prior to the expiration of the permit to prevent a lapse of the permit. D. Each applicant for renewal shall file such information as may be required by the City Manager to update the information required for his or her original permit application. The application for renewal shall include the appropriate filing fee. Section 5.30.050. Disrobing Prohibited. No person operating a Model Studio or employee of a Model Studio shall allow any customer or patron to disrobe while on the premises. A person •operating a Model Studio shall cause a sign, to be posted in a conspicuous space visible from the main entrance of the establishment, containing the message, with lk -inch height and width lettering, which reads: "PATRONS ARE PROHIBITED FROM DISROBING ON PREMISES." Section 5.30.060. Distance Requirements. Figure Models who pose or model while nude or semi -nude shall do so only within a -5- designated area which is removed at least four feet from the nearest patron. Section 5.30.070. Premises Open For Inspection. Every person operating a Model Studio shall maintain the business open at all times during business hours to the inspection of the Police •Department or any other officer of the City. Any person operating a Model Studio shall be responsible for, and shall provide, that any room or area used for the purpose of figure modeling shall be readily accessible at all times and shall be open to view in its entirety for inspection by the Police Department or any other officer of the City. No posing or modeling shall occur within any room or cubicle behind any door that is capable of being secured in any manner so as to impede inspection during normal business hours. Section 5.30.075. communication Device. No person operating a Model Studio shall permit any type of communication device to be installed or used in any manner on the premises so as to interfere with or hinder inspections by the Police Department or any other officer of the City. • Section 5.30.080. Figure Model Permit. No operator of a Model Studio shall employ or utilize the services in any way of a Figure Model who does not possess a valid permit. Section 5.30.085. Figure Model Permit -- Display. The permit issued pursuant to this Chapter for both the Model Studio and each Figure Model, shall be displayed within an area on the premises open to the public at all times. The identification card issued to a Figure Model shall be available for display to any Police officer or other City officer upon demand. Section 5.30.090. Suspension, Revocation, Denial And Appeal. A. Violation And Non - Compliance. The City Manager may refuse to renew a permit or may revoke or suspend an existing permit on the grounds that the applicant or permit holder has failed to comply with the permit conditions or other requirements of this Chapter. If a suspended permit lapses during the suspension period, a new application must be made at the end of the suspension period. In any such case, the applicant or permit holder shall have the right to appeal to the City Council in the time and manner set forth in this Section. B. Revocation And Suspension. 1. The City Manager may revoke or refuse to renew a Model Studio Permit or Figure Model Permit if he or she makes any of the findings for denial of a permit under Section 5.30.040, or upon any subsequent violation of any provision of • this Chapter within one year following a prior suspension under Subsection 2 below. The City Manager may revoke or refuse to renew a Model Studio Permit upon demonstrated inability to operate or manage the model studio in a law abiding manner, thus necessitating action by law enforcement officers; 2. The City Manager may suspend a Model Studio Permit or a Figure Model permit for a period of thirty (30) days for any violation of the provisions of this Chapter. C. Notice. When the City Manager concludes that grounds for denial, suspension, revocation or refusal to renew a permit exist, the City Manager shall serve the applicant or permit holder, either personally or by certified mail, addressed to the business or residence address of applicant or permit holder, with a Notice Of Denial or Notice Of Intent To Suspend, Revoke Or Refuse To Renew Permit. This Notice shall state the reasons for the proposed action, the effective date of the decision if no appeal is filed by applicant or permit holder, and the right of the applicant or permit holder to appeal to the City Council and the decision of the City Manager. D. Appeal. The right to appeal to the City council shall terminate upon the expiration of fifteen (15) days following the receipt of the Notice. •The City Council of the City of Newport Beach may preside over the hearing on appeal or, in the alternative, the City Manager may appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and recommendations to be considered by the City Council. The City Council shall render its decision within forty -five (45) days from the date of the hearing or, in the event that a hearing officer has -7- been appointed, within forty -five (45) days from the date on which the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final. Section 5.30.095. Figure Model Permit -- Return Upon Non - Employment. The permit issued by the City Manager to a person to •act as a Figure Model for a licensed Model Studio shall be returned by such person to the City Manager within five (5) days after such Figure Model is no longer so employed, or the permit has been suspended or revoked. Section 5.30.100 violation And Penalty. A. Every person who operates a Model Studio or acts as a Figure Model, as those terms are defined in this Chapter, within the City, or who does or practices any of the other things or acts mentioned in this Chapter without first obtaining a permit and paying for a license to do so from the City, or shall violate any provisions of this Chapter, shall be guilty of a misdemeanor. B. Any owner, operator, manager or permittee in charge or in control of a Model Studio who knowingly employs a person performing 40 as a Figure Model as defined in this Chapter who is not in possession of a valid permit, or who allows such an employee to perform, operate or practice within such a place of business, is guilty of a misdemeanor. SECTION 2: That if any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared • unconstitutional. SECTION 3: attest to the pas cause the same to the City, and it adoption. SECTION 4: The Mayor shall sign and the City Clerk shall .sage of this Ordinance. The City Clerk shall be published once in the official newspaper of shall be effective thirty (30) days after its Emergency Ordinance No. 91 -51, adopted on -8- December 9, 1991, extending for ten months and fifteen days a prohibition of issuance of permits for new tanning salons with live modeling of lingerie is repealed as of the effective date of this Ordinance. SECTION 5: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 8th day of June , 1992, and adopted on the 22nd day of June , 1992, by the following vote, to wit: ATTEST: g CITY CLERK gr/ordin/modet.ord AYES, COUNCILMEMBERS HEDGES, WATT, TURNER, SANSONE, HART, COX, PLUMMER NOES, COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE ..