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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 - 1 - §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. - 2 - (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 - 3 - 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: - 4 - (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 5 - (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, - 6 - 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. - 7 - §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 - 8 - Mayor I, HERBERT R. WHITE, City Clerk of the City of - 8 - 1�"��Sa b I } z I,, tsar ���na.T1c a,,�S.��zi4Q�i,C'i77��:�; iTv I,,S1:,t'FFr€i`�t't , E.. r':in adjourned t"ta ;Lk. .. €i P. kE,'a .... i.7'bGj .'I" ."..L: i" 20 1.9i3, LaCbe 1. 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