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3532FOLLOWS: OI LI TA::TCE 140. 3532 Al -f OF T.1_1��' CI'1`Y OF !�i4AETEIJ.,! Z, T. I r." LE 4 BY ADD -LNG T11ER)fM[ i-7_APTEjR-, 4.31 TO r_,,1E`E ANAHEIM _T1LJ1T"rLCI1C_'AL CODE RELATING TO BUSII'TESS R It" G UL -1 T 10 IN S . (FIGURE E.10DEL S:.!-'UDIO ES'PABLISli- f "MILE CITY COUUICIL OF TH7E CITY OF DOES 0,11_10AINl AS SECT -ION 1. That Title 4 a -.L- the Anaheim, Ifunicipal Code be, and the same is hereby, ariended by adding thereto Chapter 4.31 reading as follows: "CHAPTER 4.31 FIG _ ?E 110DEL S1I 1 DIO I= Section 4. 31.010 D'S'!711' !O__,_1 S 'Person' Any natural person, firri, partnership, corporation or association. 'Figure I-lodel Studio' Any prer.ises where there is conducted the business of furnishing, providing, or procuring figure models who pose for the purpose of being, observed or viewed by any person or being s17 -etched, painted, drawn, sculptured, photographed, or otherwise similarly de- picted in the nude or sem=i-nude before persons who pay a fee, or other consideration, cor..a-pensation or gratuity for the right or the opportunity to 'so depict' a figure model, or for admis- sion to or for permission to remt.ain upon or as a condition of remaining upon the premises. 'Figure ;:Model' Any person, .,,,.,ale or female, who poses to be observed, viewed, sketched, painted, drawn, sculptureLd, p-iotocira-phed or otherwise 'Nude or Seg ,.,,i-NuC1,e1 Completely with- out clothing or covering; or with partial clothing or covering with any pubic area e. --,posed or with any portion of the crease of the buttocks expose(I Moser; or the exposing of any portion of either breast below a straight line so drawn that both nipples and all portions of both breasts which have a different Pig- mentation than that of the main portion of the breast are below such a straight line; or the wearing of any type of clothing so that those portions of the anatony afo rede s crib &,. r.,.ay be ob- served. t, Section 4.31.020 FIGURE IKODEL STUDIO - E-1*-'CjT`P'_.'7_'IO_ 'S .0io Any studic w1l.ic'a is opera-'Cedl by any he ' state college or public junior college or school wherein -L person operating it has R:let the requirements established in Division 21 of the education Coc-i.e for -t-ne issuance cr conf`er- '7' 7LL to ring, o-±` and is, in fact, authorized t'.1u 'ieren,_J-_-issue and conifer a Lip loma or honor-ary ti-ic,"LoS'.a; or -1- 0.2 0 "my studio which is part of an insti- tution receiving ffi.nancial s-aj:J--ort in iv-hoic or i1a izart t_-IrouciI,_ .0 contribu-'Cions of the federal or al -U,7- state, county or city gov- erm.-i.ents; or I .03 0; Any prell..Jses where there is con- duc-ICed -the business of 'urs-lishing, providing or procuring figure models solely for any studio described in Subpara- graphs .010 and .020 of this Section. Section 4.31. 030 T .-I 77T 'j-� It is unlawful -for any person, as- sociation, firm or corporation to engagp in, conduct, or carry on, in or upon any premises within the City of Ananei.rm,, the business of a -figure ..ousel studio in the absen.ce o--,: a permit issued pursuant to t.'ie "Provisions se-'-- forth. Section 4.31.040 .010 Any 1-ic-rso.1-i 6csiring to Cbtai n a perliit to overate a figure model studio snail YJiLake applica 4 011 to the Ijicense Collector who shall re.Zer all suc!", ap-plica-­'Ons -to tiie Chief of Police for an investigation. .020 Each application shall be accoT.�-paniec-., by an application :L7ec of fi-Fty C]iojllars 050.00) 7� Section 4.31.050 AP' Pt '10" CO_ -,!T _`"'S Any applicant for a permit. shall submit the following� inforr-mt1oll: 11 .010 The full name and present address o -Z the applicant; .020 The two previous addresses iYxiaediatel-y .4 prior to the Present address of the applicant; .030 111rit-t-en proof that the applicant is over the age of eighteen years; height, WeiGht, of .040 Applicant's heL I color - eyes and hair; 050 33pusiness, occupation or employ -men' o z - he applicant for the three years iim--.ic6iatel7 preceding the date of the application; .060 The business license and/or permit history of the a-pplicant; whether such person, in previously operating in this or another city or state under license and/or ;pemit, has had such license and/or peruLit revoke' or suspended, the reason -therefor and the business activity or occupation subsequent to such action of suspension or revoca- tion; -2- . 07 0 All crir.-Iinal convictions and the reasons therefor; .08.0 Such other iCent 'ication anin -o r - mation necessary to discover the -truth of the matters herein before specified as required to be set forth in the applica- tion; .090 Applicant shall present himself to the Police Department of the City of Anaheim for the purpose of being fingerprinted and photographed. Section 4.31.060 of a figure z,.,.odel an inspection by lishment complies men-t_s: FACILITIES 1,43IC'ESSARY' .o permit to conduct -the business studio establishi74-ient shall be issued unless the City of Anaheir reveals that the estab- with each of the following z.inirxu-Li require - .010 A recogni2able and readable sign shall be posted at the main entrance identifying the establish- ment as a figure model studio provided that all such signs shall comply with the sign requirements of the City of Anaheim. .020 1, ni.-o.u,-IL-, lighting shall be provided in accordance with the Uniform Building Code and, in addition, at least one artificial light of not less than forty watts shall be provided in each enclosed room or area where -the ac- tivities of figure modeling take place. .030 Minimum ventilation shall be provided in accordance with -the Uniform Building Cotte. .040 Proof of compliance with all appli- cable provisions of the Anaheir-,.i ?1unicipal Code shall be provided. .050 A recognizable and readable sign shall be posted in a conspicuous place near the main entrance stating that patrons are prohibited from disrobing on the preiiiises. .L n - Section 4.31.070 ID.-6II7=FICAIIIIO-_N IIREQUIREHE41ri`S "he applicant, manager and all eir.- ployees shall conform to those requirelyLents set 1-for-tCh in Section 4.30. 020 of the Anaheir-,,,'-Junicipal Code co-acernins, identification cards. Changes in personnel shall be reported! J_ i to the City License Collector wit -Lin five (5) (Hays after sai,," changes are male. Section 4.31.0s0 Any jp-014cant for a permit pursuant to these provisions shall personally appear at the Police Department of the City of Anaheim and produce proof to the Police Department that the fifty dollar (1>50.00) application fee has hereto -fore been paid to the License Collector of tie City o_f Anahei-IcL ar,'_�' thlereulpon the si-i-all prosent -to the Police Dezartilte-lat- t -..-.,e a-,;:.�I?l i ca -41.: ion containing tlle a.`L-Gre-.-._e1I- a tione - i- ana aescrbeu inl4 o rl'.Iait ion. The Chief of Poli c shal 1 nave a reasonable tir.-Le not to elicecc45 dans in which to in- vestigate the application and lt_-he background of the applicant. Based upon such investi,atioa, the Chief of Police or his representative shall render a recoraaendation as to the approval L or denial of the perr,,,it to the License Collector. The City Building Division, the Fire Dep arti-i-tent and the Orange County Health Department shall in- spect the prer,-Lises proposed to be devoted to that of a figure model studio and shall make recormLendat ions to t_iie License Collector concerning comipliance with the foregoing provisions. The License Collector, after receiv- ing the aforementioned and described reconffaendations, shall grant a permit to the establish-nn.ent if all requirements for a figure r,-,odel studio establishment described herein are ­�zet and shall issue a perrait to all persons who have applied unless it appears that any such person has deliberately -_Falsified the application or unless it appears that the recorC of such persons reveals a conviction of a felony or a crim.e of moral turpitude, including all offenses listed in Penal Code Section 290, any subsection of Sections 311 through 311.9 Sections 314 through 318, subsections (a), (b), (c), or (d) of Section 647 of the Penal Code or any offenses involving prostitution, lewd conduct, or offenses resulting frori.a reduction of the afore- mentioned offenses. Any person denied a permit pursuant to these provisions by the Li -cense Collector may appeal to the City Council in writing stating reasons why the permit should be granted. The City Council xzday grant or deny the permit and such decision shall be final upon the applicant. Also, the City Council niay elect, upon its own -1-notion, to review al'117 Ct.e- termination of the License Collector granting or denying a permit. All permits issued hereunder are non - transferable. Section 4.31.090 DISPLAY OF PhaMIT Every person, association, firr..i or corporation to whom or for which a perm.it shall have been granted shall display -the peymit in a conspicious place so that it may be readily seen by persons entering the premises. Section 4.31.100 CHAINGE, Or, LOCATION A change of location of: any of the aforementioned and described nremises -.".ay be approved by the Chief of Police provided that all ordinances and regulations of the Citv oi-'-' Anaheim are coz-I-,,Dlied with. Any person denied permission to change location by the Chief of Police '-:.ay appeal to the City Council in writing stating reasons why said change in location should be permitted. The city Council may grant -4- or deny permission to change location and. such Jecision shall be final upon the applicant. Section 4. 31.110 S��h 01? Upon the sale or transfer or any in- terest in a figure moael studio establishi:.ient-, tae pernit- shall become null and voiC` and the buyer or transferee shall mane a new application pursuant to tine provisions herein. I� - !�. Section 3l 120 `,`E0 1' P 1 .1, Rj I I TR E 7 , - . " � 1 6u.'bject- t.0 revoca4io,11 or suspension, the permit shall e.--pire on that ::,ate set- "forth as t3 -)e e -,v:ira- p tion date upon ':1e per-Y'Alit­'Cee's business license. I �' Ihe periiit may t'hereaf-wCaO L-er be renewed on n annual 'asis provided that the expiration shall continue to be the same date as that upon which the per,.-PLitteels then current business license shall e:sire. !applications for rene47al shall be- sully)-ject to all pro- visions of this ordinance. Section 4.3.1.130 BUS S T IC'_ " `j -,-othi%- herein shal I constitute a L. L waiver of the requirements for -L---Ie isslOance aiN­'. -possession o:c a business license. Section 4.31.14-0 14�r- } o - }Io pe --son shall conduct- or opera-e J*7igure ,-�o`e-' stuAo estao-lisla­en�- ")ct�,7een. a CL _L C U A!., � i-I.tr hours o,.f-- 101:00 an,--; 3:00 oZZ t1he following way. C c t i C) 1 41 3 1 ll S 0 _1BI'j' T,�Y j -t- 7-� person o',Dera-cing a figure roc el Jt : stuCLio esta7-lis.`L'-LI7`.,Ien-t_ sho.11 no -L': permd conU-OitI-ions to e�Zist. wherein the interior --ortions of said- -LE*igure i,.l.o6icl studio shall be visible from the ouic-silc-'Ie of tile premises. Section 4. 31.160 T_LILA—_`T©. jl - T.he City Buil,,Jing Division, Police Departnient, Fire Departnient an,"' J:IealtI,_, Departio.ent shall, from tiane -to time and at least twice each year, make an in- spection of each figure _ril.odel studio establishment in the City of tuna heir For the purpose of determining that -tile pro- visions of this Code are met. Section 4.31.170 IIECOIRIDS A person operating a. -figure -.crioLzIel studio establisImnient shall r,Iaintain a current Nile of all figure models eraployelc' by hi.-Lq or using the premises. This -5- file shall contain the true nariies and all aliases used. by the figure model, age, birthdalUe, height, weight, color of hair and eyes, hone address, ane-_ phone nun-lbers, Social Security nur,iber an(fl. date of ein-.-olovro..ent and terr..,-Lination. Inactive rile cards shall be maintained on the Premises for a period of one year following termina-tion of ez­.ijployh'lent. S uc -11 person shall make all records immediately available L -t. -)on de_r.iand of any law enforcement officer. Section 4. 31.130 POS TING11 GULATIO"NS A person on��,erating a r figure j model studio establishment shall Post and continually keep posted a copy of this ordinance at a conspicious place inside the premises. Section 4.31.190 SUPERVIQTO-,'T The Permittee or a manager -previously named zu-id approved in connection with the issuance of the Per- mit shall be present on the premises at all times when the es- tablishient- is in operation. Section 4.31.200 U6NTL2117FUL AC'_1'I V I TI Z S It is unlawful for any -person to pose as a figure model for for the purposes of being observed, sketched, painted, sculptured, photographed or otherwise simi- larly depicted in the nude or semi-nude in such a manner that the average Person, applying contemporary corutiunity standards would find, that the activities, as a whole, appeal to the pru- rient interest, depict in a Patently offensive way, sexual' -con- duct specifically defined by applicable state law and lacks serious literary or artistic value. Any violation of this provision shall be deemed grounds for the revocation of the per -i -At granted: hereunder. Section 4.31.210 _QW1f1`LKzY SUSPE114sio-N 71 - hereunder .,ay be ..my permit issued summarily and tem-porarii-y suspen&ed by the License Collector in the event it is determined that the holder of such Permit has violated or permitted to be viola -;1_-e(.'1 any of the general regulations set forth in this orCinance, or violated or per- nditted on the premises the infraction of an-,;, law of the State of California, the violation of which constitutes groundis for denial or revocation un,':1er the provisions sc-jL-- forth in this orCinance. 7 ..it'lain 2 - hours thereaf--U cr, a cope of such notice of suspension, together with -'---hie reasons for the suspension, shall ijc t_rallsrR-'ilCteCL to -L___'ae City _Tanac;er. -6- Sect ion 4.31.x'20 Y r''1 ­E CP."'Y Coto 'CIL Any per,."Ait may be suspen&ed for a period of up to ninety (90) days following notice of suspen- sion or revoked by the City Council upon a determination 4ghat the 'I'lolder of such -.:,,eri',At has violated any of t-kle provisions set fort.11 in this ordinance or violated or 1?,arnmittee-_ on tile premises t1he infraction of ar.,� ' 7 law of the State c):L' C"alifornia, ill te violation of which constitutes r--rounC]"s -For a 4`enial, sus- pension or revocation under tleie provisions set forth in t',",is ordinance. -Nlo I?errc-.it shall be revoke -c7, until after a hearing shall have been hel,--7,, before the City Council to actermLine -�us-�,-_ J cause, J.or sucii revocation. -.,Jot-ice of such hearing shall be given in writing, anC. served at least five (5) says prior to -the date of hearing thereon. Section 4.31.230 11"' PLICABILI'T' C)1�' I lr,7L Jo" --'C' r"O P � LAS EXIS1__11I11"G' BUIS I14Z':0SS._1]1S The provisions of this chapter shall be applicable to all persons and businesses (:escribed herein whether the herein described activities were establishefa be- fore or after the effective (Late of this ordinance, e;,cept that those in business June 1, 10,76, shall have two mo. -Liths from June 1, 1976, to corc.-Ply with t1he -terms herein. Section 4.31.240 VIOL_A'_';'D0*'__�,'1' r_',11,17-D,PE""A T rjly _U - .010 Every person, except those specifically exe,m,pted 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, employer, or operator, or whether acting as a participant or workler in any way, who operates or conducts a -_­o&1el studio establish- ment, without first obtaining a) peri -,lit- and paying for a license to do so fro -n -L the City of Anaheim or shall violate any provi- sion of this chapter, shall be guilty of a misderteanor.'_ .020 Any fli(�ju_re model studio est-ablishm..ent operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance and the City Attorney I, -Lay, in addition to or in lieu of prosecuting a cri--,:q,-- inal action hereunder, cornamence an action or actions, proceed- ing or proceedings for the 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 renLove such figure model studio es -tab li shrmenntts and restrain and en- join any person from operating, conc,,".uclk-_ing or :i-taintaining a figure model studio establishment contrary to -the provisions of this chapter. Section 4.31.250 SEVERABIL11_11Y If any section, subsection, paragraph, sentence, clause or phrase of this Chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the constitutionality or valiCity of the remaining por- tions of this Chapter. phis City Council hereby declares that it would have passed -this Chapter and each section, subsection, paragraph, sentence, clause or phrase thereof irrespective of the fact that one or more of the sections, subsections, Para- graphs, sentences, clauses or phrases thereof be c.eclared un- constitutional or invalid." SECTION 2. The City Clerk shall certify to the passage of this orc+.i- nance and small cause t -ie sar.:e to be printer; once wit.1 `-i -teen (15) days after its adoption in the Anaheim Bulletin, a nec• spaper of general circulation, printer:, published and circulatecL in saiLl City, and thirty (30) days fror". and after its final � aSSagc?, it shall taire effect and be in full force. r'_'!ir O±: I=.1�i:� 1S c�ji �i^O'JeCL anc S7.C�?:G'F }J1 this 11th day of May , 1976. �F %Y _ O'Iy, CImY O1' A''yAT:EIs_". ATTEST: CIT'Y a. r^:- r;r".• (� :�z,T 1'tz CLERK? F _ E .�_ Vii'•: et: __ V;PH : fT1 STATE OF CALIFORNIA COUNTY OF ORANG;L CITY OF ANAHEIM ss. I, ALOHA }s'. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance Ido. 3532 was introduced at a regular Meeting of the City Council of the City of Anaheim held on the 4th day of Hay,a1976, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 11th day of Hay, 1976, by the following vote of the members thereof: AYES: COUNCIL HL'H3ERS : Caywood, Seymour, Kott, Roth and Thom NOES: COUivC IL I-1MERS : None FiBSENT : COUNCIL 'i:r: L jirS : :'Tone ArdD I FURTHER CEPdIFY that the ayor of the City of Anaheim approved and signed said Ordinance No. 3532 on the 11th day of '.gay, 1976. IA WITNESS 4di E1U:OF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this llth day of May, 1976. CITY CLEPUK OF THE CITY,40F tdjAM,7L (SEAL) I, ,LONA 14. IOUGARD, City Clerk of the City of Anaheim, do hereby cerci y that the foregoing is the original Ordinance Pdo. 3532 and was published once in the Anaheim Bulletin on the 21st day of May, 1976. City Clerk 41