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Glendale Municipal Code: Title 5 | Chapter 92
Table of Contents City Charter Title 1 Title 2 Title 3 Title 4 Title 5 Title 6 Title 7 Title 8 Title 9 Title 10 Title 11 Title 12 Title 13 Title 14 Title 15 Title 16 Titles 17 - 29 Title 30 Statutory References |
Chapter 5.92 SEXUAL ENCOUNTER ESTABLISHMENTS
Sections:
5.92.010 Purpose.
5.92.020 Scope.
5.92.030 Permits required.
5.92.040 Investigation fee.
5.92.050 Application.
5.92.060 Permit-Issued or denied-Appeal.
5.92.070 Operation standards.
5.92.080 Name of business.
5.92.090 Revocation.
5.92.100 Permit-Renewal.
5.92.110 Public nuisance-Abatement.
- 5.92.010 Purpose
The purpose of this chapter is to provide criteria to safeguard property, safety, public welfare and the preservation of the peace of the community. It is the intent of the council that the operation of sexual encounter establishments as defined herein, should be regulated to minimize any detrimental effects upon adjacent land uses, including minimizing incidents of lewd conduct. (Ord. 5123 § 8, 1996)
- 5.92.020 Scope.
This chapter shall apply to sexual encounter establishments as defined in Title 30. (Ord. 5123 § 9, 1996)
- 5.92.030 Permits required.
A. No person shall operate a sexual encounter establishment unless a permit has been issued by the city clerk.
B. Every person or corporation owning or operating a sexual encounter establishment shall pay a fee for the full twelve-month period from July 1st of each year to June 30th of the following year. Any person applying for a permit for less than the full twelve months shall pay a prorated fee. Such fee shall be established and/or modified by resolution of the city council, pursuant to Section 5.08.160. (Ord. 5123 § 10, 1996)
- 5.92.040 Investigation fee.
A. All applications for a permit, or for the renewal of a permit, shall be accompanied by an investigation fee. Said fee shall be established and/or modified by resolution of the city council pursuant to Section 5.08.160.
B. No permit shall be issued unless and until all requirements as set forth in this chapter and as set forth by the city for use and occupancy permits have been met. (Ord. 5123 § 11, 1996)
- 5.92.050 Application.
Any applicant(s) for a permit under this chapter shall submit an application in writing. Such application shall be accompanied by an affidavit of the applicant(s) which shall set forth the following information:
A. The full name, present address and telephone number of the applicant(s).
B. The full name, present address and telephone number of the premises where the sexual encounter establishment is to operate.
C. The two previous addresses immediately prior to the present address of the applicant(s).
D. The business occupation or employment of the applicant(s) for the three years immediately preceding the date of application.
E. The sexual encounter establishment license or permit history of the applicant(s) which includes whether the applicants were previously granted or denied a license or permit for a sexual encounter establishment in this or another city or state, has had such a license or permit revoked or suspended, and the reason therefor.
F. All convictions and reasons therefor of the applicant(s).
G. The specific type of sexual encounter use to be provided.
H. Applicant(s) shall provide necessary fingerprints and photographs to enable the police division to conduct an investigation as required.
I. In the event that the applicant(s) are other than natural persons, each and every officer and board member of the organization shall provide the information specified in subsections A through H of this section. (Ord. 5123 § 12, 1996)
- 5.92.060 Permit-Issued or denied-Appeal.
A. Upon the filing of an application for the permit required under Section 5.92.030, the city shall cause an investigation to be made in order to ascertain what effect, if any, the issuance of such permit will have on the public peace, health, safety and general welfare of the city and its inhabitants. The application shall be forwarded to the police division, zoning section, building section, fire division and the Los Angeles County health department, who will make their recommendations to the city manager.
B. The city manager shall deny or grant a permit to the applicant(s) for a period of one year based upon the recommendations submitted to the city manager. Any falsification of information on the application shall result in the denial of the permit.
C. Any person aggrieved by an action of the city manager pursuant to the provisions of this chapter may appeal to the council within the time and in the manner provided in Chapter 2.88. (Ord. 5123 § 13, 1996)
- 5.92.070 Operation standards.
A. Establishments shall provide those entering the premises with information regarding those activities which are prohibited on the premises and have them sign a form acknowledging that they have been informed of the restrictions.
B. Establishments shall provide lighting throughout the facility at an intensity of at least one and one-half footcandle.
C. Establishments shall maintain every room and booth located in an accessible area in such a way that the entire interior portion is visible from the exterior of the room or booth.
D. Establishments shall prohibit any locked rooms or booths in areas which are accessible to those who have entered the establishment.
E. Establishments shall prohibit the admission of persons or employment of persons under the age of eighteen. (Ord. 5123 § 14, 1996)
- 5.92.080 Name of business.
No person permitted to allow an establishment to operate shall operate under any name not specified in the permit. (Ord. 5123 § 15, 1996)
- 5.92.090 Revocation.
A. For the purpose of this chapter, it shall be grounds for revocation of the permit for any person in control of or having management of any place or activity for which a permit is required under this chapter to operate, conduct or permit to be operated the establishment wherein such establishment is operated contrary to state law, city ordinance or any regulation adopted by the city manager for the operation of such places or entertainment.
B. Any permit granted under the provision of this chapter may be suspended or revoked by the city manager when it appears that the establishment for which such permit was granted is conducted in a disorderly or improper manner or in violation of any statute of the state or ordinance of the city or that the person operating the establishment is of an unfit character to conduct the same or the purpose for which the permit has been issued is being abused to the detriment of the public or is being used for a purpose wholly foreign to that for which the permit was issued.
C. A permit granted under this chapter shall not, by virtue of this section, be revoked, canceled or suspended until a hearing shall have been had by the city manager relative to so doing. Written notice of the time and place of such hearing shall be served upon the permittee at least five days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking, canceling or suspending such permit. Notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United Stats mail in a sealed envelope, postage prepaid, addressed to such person to be notified at the address appearing upon the application for the permit. Any person aggrieved by the actions of the city manager may appeal to the council within the time and in the manner provided by Chapter 2.88.
D. In the event an application is denied or a permit is revoked under this chapter, the applicant or permit holder may not reapply for a permit under this chapter for a period of six months. (Ord. 5123 § 16, 1996)
- 5.92.100 Permit-Renewal.
Any permit issued under this chapter may be renewed from year to year upon application. Such application shall be made in the same manner as for an original application and shall be made within thirty days after the date of expiration of such permit or the last renewal thereof, and if not so made, the permit shall be null and void. (Ord. 5123 § 17, 1996)
- 5.92.110 Public nuisance-Abatement.
Any establishment operating contrary to the provisions of this chapter shall be and the same is declared to be unlawful and a public nuisance and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such establishment and restrain and enjoin any person from operating, conducting or maintaining such an establishment where the establishment is operated contrary to the provisions of this chapter. (Ord. 5123 § 18, 1996)
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