HomeMy WebLinkAboutOrd 0993ORDINANCE NO. 993
AMENDING THE MUNICIPAL CODE OF THE CITY OF BURLINGAME
BY ADDING CHAPTER 6.41 (MODEL STUDIOS)
TO TITLE 6 (BUSINESS LICENSES AND REGULATIONS)
PROVIDING FOR PERMITS AND REGULATION OF MODEL STUDIOS
E M E R G E N C Y
The City Council of the City of Burlingame does ordain
as follows:
Section 1: The Municipal Code of the City of Burlingame'
is hereby amended by adding Chapter 6.41 to Title 6 which shall
read as follows:
"CHAPTER 6.41
MODEL STUDIOS
Sections:
6.41.010
Permit required
6.41.020
Definitions
6.41.030
Applications
6.41.040
Permit fee and investigation
6.41.050
Business license
6.41.060
Issuance or denial of permit
6.41.070
Appeal
6.41.080
Regulations
6.41.090
Inspecting by officials
6.41.100
Sale or transfer of establishment
6.41.110
Revocation or suspension of permits
6.41.120
Notice of changes
6.41.130
Expiration of permits
6.41.140
Application to existing establishments
6.41.150
Violation and Penalty
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§6.41.010 PERMIT .REQUIRED. It shall be unlawful for
any person to operate, engage in, conduct or carry on, or permit
to be operated, engaged in, conducted or carried on (as the owner
of the business premises or in any other capacity) in or upon any
premises within the City of Burlingame, the business of a model
studio as defined herein, unless a permit for such business has
first been obtained from the License Collector of the City and re-
mains in effect in accordance with the provisions of this Chapter.';
X6.41.020 DEFINITIONS. For the purpose of_ this Chap-
ter, the following words an p rases shall have the meanings
respectively ascribed to them by this section:
(1) "MODEL STUDIO"
(a) Any premises on which there is
conducted the business of furnishing
figure models who pose for the purpose of
being observed or viewed by any person or
being sketched, painted, drawn, sculptured
photographed, or otherwise similarly de-
picted for persons who pay a fee, or other
consideration or compensation, or a gratu-
ity, for the right of opportunity so to
depict the figure model, or for admission
to, or for permission to remain upon, or
as a condition of remaining upon the pre-
mises.
(b) Any premises where there is con-
ducted the business of providing or pro-
curing for a fee or other consideration or
compensation or gratuity, figure models to
be observed or viewed by any person or to
be sketched, painted, drawn, sculptured,
photographed, or otherwise similarly
depicted.
(2) MODEL STUDIO, EXCEPTION.
The words "Model Studio" do not include:
(a) Any studio which is operated by
any State College, or public Community
College or school wherein the persons,
firm, association, partnership, or corpor-
ation operating it has met the require-
ments established in Division 21 of the
Education Code for the issuance or confer-
ing of, and is in fact authorized there-
under to issue and confer, a diploma or
honary diploma.
(b) Any premises where there is con-
ducted the business of furnishing, provid-
ing or procuring Figure models solely for
any studio described in paragraph (a) of
this Section.
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(3) "FIGURE MODEZ"
Any person, male or female, who
poses to be observed, viewed, sketched,
painted, drawn, sculptured, photographed,
or otherwise similarly depicted.
(4) "PERSON°'
Any individual, copartnership,
firm, association, corporation, joint
venture, or combination of individuals.
§6.41.030 APPLICATIONS. The application for a permit
to operate a model studio shall set forth the exact nature of the
model studio to be conducted, the proposed place of business and
facilities therefor, and the name and address of each applicant.
FIn addition to the foregoing, any applicant shall furnish the fol-
lowing information:
(1) The previous addresses of each applicant
for the 3 years immediately prior to the
present address of the applicant.
(2) Written proof that the applicant is at
least 18 years of age.
(3) Two portrait photographs at least 2" x 211
,
taken within the last 60 days.
(4) Applicant's height, weight, color of eyes
and hair.
(5) Business, occupation, or employment of the
applicant for the 3 years immediately pre-
ceding the date of application.
(6) The model studio or similar business
license history of the applicant; whether
such person, in previously operating in
this or another city or state 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.
(7) All criminal convictions except minor
traffic violations.
(8) Such other identification and information
necessary to discover the truth of the
matters hereinbefore specified as required
to be set forth in the application.
(9) Nothing
contained
herein shall
be con-
strued
to deny to
the Chief of
Police the
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right to take the fingerprints and ad-
ditional photographs of the applicant.
(10) If the applicant is a corporation, the
name of the corporation shall be set
forth exactly as shown in its articles
of incorporation together with the names
and residence addresses of each of the
officers, directors, and each stockholder
holding more than 100 of the stock of the
corporation. If the applicant is a part-
nership, the application shall set forth
the name and the residence address of each
of the partners, including limited part-
ners. If one or more of the partners is
a corporation, the provisions of this sec-
tion pertaining to a corporate applicant
apply.
§6.41.-040 PERMIT FEE AND INVESTIGATION. All applica-
tions for initial permits to operate shall be accompanied by an
investigation fee in the sum of $100.00, no part of which shall
be refundable. Upon receipt of said application, the License
Collector shall refer the application to the City Planner,
Building Official, the Fire Department, the Police Department and
Health Officer, each of which within a period of 30 days from the
date of filing the application shall inspect the premises proposed
to be used as a model studio and shall make a written recommenda-
tion to the License Collector concerning compliance with the res-
pective requirements.
9
6,41.050 BUSINESS LICENSE. At the time of application
for a permit to operate, applicant -shall also apply for and fur-
nish the information necessary to obtain a business license as re-
quired by Chapter 6.04 of this Code. No business license shall be
issued until the investigation is completed or the application for
a permit to operate is approved, and then it shall be issued upon
payment of the business license fee as provided in Chapter 6.04 of
this Code together with the permit to operate.
9
6.41.060 ISSUANCE OR DENIAL OF PERMIT. Upon receipt
of the investigation reports from each o£ the departments to whom
the application has been referred, the License Collector shall
issue such permit if all required information has been furnished
and the reports filed find that:
(1) The character and responsibility of
the
applicant is satisfactory.
(2) The operation of the establishment as pro-
posed, if permitted, would comply with all
applicable laws, including, but not limited
to, the City's building, fire, health and
zoning regulations.
(3) The applicant has not been convicted in a
court of competent jurisdiction of:
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(a) An offense involving conduct
which requires registration under
California Penal Code §290, or viola-
tions of §§311 through 311.7, 314,
315, 316, 318, or 647(a), (b), (d),
or (h) of the Penal Code.
(4) The applicant has not been convicted of
the use of force and violence upon
another.
(5) The applicant has not knowingly and with
intent to deceive made any false, mis-
leading or fraudulent statements of facts
in his application or any other documents
required by the City to be submitted in
conjunction with the application.
The permit shall be denied if all of the above findings
cannot be made or if all of the information required is not sup-
plied to City. If denied, the reasons therefore shall be endorsed
upon the application, and the License Collector shall notify the
applicant of the disapproval with a copy of the application upon
which the reasons have been endorsed by first class mail.
§6.41.070 APPEAL. In the event a permit has been
deniedI applicant shall have LO days from the date of mailing the
notice within which to appeal to the City Council by filing a
written application for a public hearing with the Clerk of the
City. Notice and a public hearing shall be given as follows:
(1) Upon receipt of the appeal, the City Clerk
shall set the matter for hearing before the
Council, at a regular meeting thereof, with-
in 30 days from the date of filing the ap-
peal, and shall give written notice of such
hearing to the applicant at his address set
forth in the appeal by first class mail at
least 10 days prior thereto.
(2) On the date set, the Council shall hear the
matter, and may continue it from time to
time before reaching a decision. If the
Council finds that the applicant has satis-
factorily met all of the requirements of
this Chapter, it shall order the issuance
of the permit and the business license. If
it finds that the requirements have not been
met satisfactorily, it shall deny the permit
and license.
(3) All findings of the Council shall be final
anA
conclusive upon the applicant.
56.41.080 REGULATIONS. The following regulations shall
be applicable to model studiosc
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(1) Advertising and signs. No person granted a
permit under the provisions of this Chapter
shall place, publish or distribute or cause
to be placed, published or distributed, any
sign or other advertising matter that des-
cribes or depicts any portion of the human
body in a manner, or with the use of descrip-
tive language, which would reasonably sug-
gest to prospective patrons that any service
is available other than those services des-
cribed in §6.41.020 of this Chapter.
(2) Hours. A person shall not conduct or oper-
ate a model studio between the hours of
12:00 p. m. and 10:00 a. m. of the follow-
ing day.
(3) Supervision. A person operating a model
studio, or a manager previously finger-
printed and approved by the Police Depart-
ment,shall be present on the premises at all
times when the establishment is in operation.
(4) Visibility. A person operating a model
studio shall not permit conditions to exist
wherein the interior of the said model studio
shall be visible from the outside of the
premises.
(5) Records. A person operating a model studio
shall maintain a current file of all figure
models employed by him or using the premises.
This file shall contain true name and aliases
used by the figure model, age, birthdate,
height, weight, color of hair and eyes, home
address, phone numbers, Social Security num-
ber and the date of employment and termina-
tion. Inactive file cards shall be maintained
on the premises for the period of one (1) year
following termination. Such person shall make
all records available immediately upon demand
of any peace officer.
(6) Posting. A person operating a model studio
shall post and continuously keep posted a copy
of this ordinance in a conspicuous place in-
side the premises.
§6.41.090 INSPECTION BY OFFICIALS. The investigating
officials of the City, including the Health -Officer, shall have
the right to enter the premises from time to time during regular
business hours for the purpose of making reasonable inspections
to observe and enforce compliance with building, fire, electrical,
plumbing, or health regulations. If the applicant is in violation
of any federal, state or local health law or regulation, the
application may be denied. In the event a permit has been issued,
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it
may
be revoked or
suspended in the manner hereinafter set forth
in
this
Chapter.
§6.41.100 SALE OR TRANSFER OF ESTABLISHMENT, Upon
sale, transfer or relocation of a model studio, t e permit and
business license shall not be transferable without the written
approval of the License Collector. An application for such
change shall be accompanied by a non-refundable investigation fee
of $100.00 and provide all of the information required in
§6.41.060.
§6.41.110 REVOCATION OR SUSPENSION OE PERMITS. Any
model studio permit issued under this Chapter shall be subject to
suspension or revocation by the City Manager for violation of, or
for causing or permitting violation of, any provision of this
Chapter or for any grounds that would warrant the denial of such
permits in the first instance.
Prior to the suspension or revocation of any permit
issued under this Chapter, the permittee shall be entitled to a
hearing before the City Manager or his designated representative,
at which time evidence will be received for the purpose of deter-
mining whether or not such permit shall be suspended or revoked
or whether the permit may be retained. In the event the permit
is suspended or revoked, the notification of and reasons for such
suspension or revocation shall be set forth in writing and sent
to the permittee by means of first class mail.
In the event of suspension or revocation of
any permit,
the permittee may appeal to the City Council in the same manner
as provided in §6.41.070.
5
6.41.120 NOTICE OF CHANGES.. All persons granted per-
mits pursuant to this Chapter shall report immediately to the
License Collector all changes of address, or change of ownership
of the establishment.
5
6.41.130 EXPIRATION OF PERMITS. Any permit granted
'pursuant to this Chapter shall expire on June 30, 1974, or the
first anniversary of its issuance, whichever occurs first, unless
sooner revoked. Unrevoked permits may be renewed on an annual
basis thereafter upon written application to the License Collector
made at least 30 days before the expiration date. The application
shall include all changes of information from that in the previous
initial or renewed permit. Each renewal application shall be
accompanied by a non-refundable investigation fee of $ 10.00 for
renewal thereof.
§6.41.140 APPLICATION TO EXISTING ESTABLISHMENTS. All
operators of existing model studios shall comply immediately with
all provisions of this Chapter, except that those now holding per-
mits or business licenses granted under the provisions of Chapter
6.04 of this Code shall have until June 30, 1973, or the first
anniversary date of their permit or license, whichever occurs
first, to comply with the permit application requirements of this
Chapter. Upon such date, applications therefor shall be deemed
to be initial applications under §6.41.030 and not renewals under
§6.41.120.
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§6.41.150 VIOLATION AND PENAZTY.
(1) Every person, except those persons who are
specifically exempted by this Chapter,
whether acting as an individual, owner,
employee of the owner, operator or employee
of the operator, or whether acting as a
mere helper for the owner, employee or oper-
ator, or acting as a participant or worker
in any way, who operates a model studio or
engages in the business of owning, operating,
conducting or managing a model studio with-
out first obtaining a permit and paying the
fee so to do from the City of Burlingame or
shall violate any provisions of the Chapter
shall be guilty of a misdemeanor.
(2) Upon conviction, such person shall be pun-
ished by a fine not to exceed $500.00 or by
imprisonment in the County Jail for a period
not to exceed 6 months, or by both such fine
and imprisonment.
Section 2: Severability. If any section, subsection,
subdivision, paragraph, sentence, clause or phrase of this Chapter
or any part thereof, is for any reason held to be unconstitutional
or invalid, or ineffective by any court of competent jurisdiction,
such decision shall not affect the validity or effectiveness of
the remaining portions of this Chapter or any part thereof. The
City Council hereby declares that it would have passed each sec-
tion, subsection, subdivision, paragraph, sentence, clause or
phrase thereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases be declared unconstitutional or invalid or in-
effective.
Section 3: Publication. This Ordinance shall be
published once as required by law.
Section 4: Urgency. It is hereby declared that this
ordinance is an ordinance for the immediate preservation of the
public peace, safety, health and welfare and is an emergency mea-
sure as provided by law and shall take effect upon its final
passage and adoption.
The City Council finds that heretofore the operation of
model studios without regulation has resulted in crimes against
persons, property and public decency in that the business by its
nature attracts persons interested in prostitution and other
sexual crimes and unless regulated, illicit and illegal sexual
activities can take place within the business premises.
Cl
I, HERBERT R. WHITE, City Clerk of the City of
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Mayor
I, HERBERT R. WHITE, City Clerk of the City of
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