3927FOLLOWS:
ORDI14ANCE NO. 3927
AN'ORDINANCE OF THE CITY OF ANAHEIM AMEND-
ING TITLE 4, CHAPTER 4.31, SECTIONS 4.31.010,
4.31.080,. 4.31.110, 4.31.190,. 4.31.210 AND
REPEALING SECTION 4.31.220 OF THE ANAHEIM
MUNICIPAL CODE RELATING.TO FIGURE MODEL
STUDIOS.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION :l.
That Title 4, Chapter 4.31, Section 4.31.010 of the
Anaheim Municipal Cdde'is hereby amended to read as follows: ,
"4.31.010. DEFINITIONS.
'Person' Any natural person, firm,
partnership,.corporation, or association.
'Figure Model Studio' Any premises
where there is conducted the business of furnishing,.
providing, or procuring male .or female persons -in the
nude or semi-nude to be either viewed, photographed,
sculptured,.sketched, painted, danced with," or subject
to lawful tactile conduct by persons who pay a fee or
other consideration, compensation, or gratuity for any
of those services.
'Figure Model' Any person, male or
female,.either nude or semi-nude, who is -to be either
viewed, photographed, sculptured,.sketched, painted,.
danced with, or subject to lawful. tactile conduct.
'Nude or Semi -Nude' Completely without
clothing or covering; or with partial clothing or cov-
ering with any pubic area exposed or with any portion
of the crease of the buttocks exposed; 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 pigmentation thm 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 anatomy aforedescribed
may be observed."
SECTION 2.
That Title 4,.Chapter 4.31, Section 4.31.080 of the
Anaheim Municipal Code is hereby amended to read as follows:
-1-
04.31.080 PERMIT PROCEDURES.
Any applicant 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 one hundred dollar
($.100..00) application fee has heretofore been paid to
the License Collector of the City of Anaheim and there-
upon the applicant -shall present to the Police Depart-
ment the application containing the aforementioned and
described information. The Chief of Police shall have.
a reasonable time in which'to investigate the applica-
tion and the background of the applicant.- Based upon
such investigation, the Chief of Police or his represent-
ative shall render a recommendation as to the approval
or denial of the permit to the License Collector.
The City Building Division, the Fire
Department -and the Orange County Health .Department shall
inspect the premises proposed to be devoted to that of
a figure model studio and shall make recommendations to
the License Collector.
The Chief of Police :shall not recommend
issuance or granting of a permit if, based upon his in-
vestigation', he finds any one or more of the following:
(1) evidence shows that any such .person has
deliberately falsified the application, or
(2.) the permit applicant fails to furnish the
information and documents -required by this
Chapter, or
(3) the preceding record of such'permit appli-
cant reveals a conviction or a plea of nolo
contendre or guilty to a misdemeanor or
felony crime of moral turpitude or a misde-
meanoror felony offense involving sexual
misconduct including, but not limited to,.
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 pimping,
pandering, prostitution or lewd conduct, or
(4.). the preceding record reveals that the permit
applicant permitted, through'an act of omis-
sion or commission, his or her employee or
agent'to engage in any type of offense, mis-
demeanor or felony,.prohibited in 4.31.080(3).
Under such circumstances, the conduct of the
-2-
applicant's employee or agent,.if such con-
duct resulted in a conviction or a plea of
nolo contendre or guilty, will be considered
imputed to the permit applicant for purposes
of permit denial, or
(5.) it determines. that an inspection or investi-
gation by the City Building Division, Police
Department, Fire Department or Health Depart-
ment reveals a deficiency, violation, or
course of conduct that endangers the peace,
health, safety, and general welfare of the
public, or
(6.) the operation as proposed by the applicant,
if permitted, would not comply with .all appli-
cable laws including, but not limited to-, the
Anaheim Municipal Code, or
( 7.) the applicant is not of the age of 18 years -or
older.
The License Collector, after receiving the
aforementioned and described recommendation, may in'its dis-
cretion and judgment grant or deny a permit. In the event
the permit is denied by the License Collector, written notice
of such -denial shall be given to the applicant specifying the
grounds -for such denial. Notice of the denial of the permit
shall be deemed to have been served upon personal service of
applicant or when deposited in the United Stated mails with
postage prepaid and addressed to the applicant at his last
known address. Such refusal to issue a permit may be appealed
to the City Council under the procedures as set forth below.
Within thirty (3.0) days from the date of
denial, .any person denied a permit pursuant to these pro-
visions by the License Collector may appeal to the City
Council in writing stating reasons why the permit should
be granted. The City Council may grant or deny the permit,
and such decision shall be final upon the application.
Also, the City Council may elect, on its own motion, to
review any determination of the License Collector granting
or denying a permit.
All permits issued hereunder are nontrans-
ferable."
SECTION 3.
That Title 4, Chapter 4.31, Section 4.31.110 of the
Anaheim Municipal Code .is hereby amended to read as follows:
-3-
"4.31.110 SALE OR TRANSFER.
Upon the sale or transfer of any interest;
share; or percentage of the profit whether present or pros-
pective in a figure model studio establishment,. the permit
shall become null and void and the buyer, interest holder,
share holder, or profit shareholder shall make a new appli-
cation pursuant to the provision herein."
SECTION 4.
That Title 4, Chapter 4.31, Section 4..31.190 is hereby
amended to -read as follows:
"4.31.190 SUPERVISION.
Either the permittee or a manager who con-
forms to the requirements of Chapter. 4.30 of the Anaheim
Municipal Code must be present on the premises -at all -times
when the figure model studio establishment is -in operation."
SECTION S.
That Title 4,. Chapter 4.31, Section 4.31.220.be repealed
and an amended Section 4.31.210 covering the same subsection be
placed in its stead.
SECTION .6.
ThatTitle 4, Chapter 4.31, Section 4.31.210 is hereby
amended to read as follows:
"4.31.210. SUSPENSION OR REVOCATION OF PERMIT.
The City Council may suspend or revoke the
permit issued hereunder;
(1) when it determines that the .permit holder
violated or permitted other persons to vio-
late,, through an act of omission or commis-
sion by the permit holder, any type of
offense,.felony or misdemeanor, enumerated
in Section 4.31.0 80 (3.) , if, as a result of
the offense, the permit holder or the em-
ployee or agent of the permit holder is con-
victed or enters a plea of guilty or nolo
entendre..
-4-
(2). when it determines that the permit holder or
his agent, manager, or the employee in charge
of the model studio establishment was put on
notice, or knew of, or should have known of,.
a violation of the Anaheim Municipal Code in-
cluding, but not limited to, the provisions
of Chapter 4.31 and failed to correct that
violation.
(3.) when it determines that an inspection or in-
vestigation by. the City Building Division,
Police Department, Fire Department or Health
Department reveals a deficiency, violation or
course of conduct that endangers the peace,
health, safety and general welfare of the
public.
In each subdivision of this section, no permit
shall be suspended or revoked unless hearing and notice there-
of be given. Notice of such hearing shall be given in writing
and served at .least five (5.) days prior to the date of hearing
thereon. The notice shall -state the ground of the complaint'
against the holder of such permit, or against the business
carried on by the permittee at the figure model studio estab-
lishment,.and shall state thetime and place where suchhear-
ing will be held.
This notice shall be served upon the permit
holder by delivering the same to such person or by leaving
such .notice at -the' place of business or residence of the' per-
mit holder in the custody of a person of suitable age .and dis-
cretion. In the event the permit holder cannot be found with
due diligence and the service of such notice cannot be made
in the manner herein provided,.a copy of such notice shall be
mailed, postage fully prepaid,. addressed to the permit holder
at his place of business or residence at least five (5.) days
prior to the date of such hearing.
Itis unlawful for any person to conduct or
carry on the business of a figure model studio establishment
until permit,.suspended or revoked,.has been reinstated by
the City Council." .
SECTION .7.
The City Clerk .shall certify to. the passage .of this or-
dinance and shall cause the same to be printed once within fifteen
,.-.. (15) days after. its adoption in the Anaheim Bulletin,.a newspaper
of general circulation,.printed,.published and circulated in said
City, and thirty (30) days from and after its final passage, it
shall take effect and be in full force.
-5-
THE FOREGOINGORDINANCE is approved and adopted by -the
City Council of the City of Anaheim this 17th day of October ,
1978. %
ATTEST:
CITYJCLERK OF E CITY. OF. ANAHEIM
HPB : fm
-6-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA.D. ROBERTS, City Clerk -of -the City.of'Anaheim, do heieby:certify
that the foregoing Ordinance No. 3927 -was introduced..at.a.regular.meeting of
the City- Council of.'the' City- of Anaheim, .held- on' the' 10th- clay of October,' 1978,
and that the'same was duly passed and adopted'at a regular meeting of'said
City Council -held on'.the'l7th day of'October, 1978,.by'the following vote of the
members thereofs
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Kott, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY -that the Mayor.of'.the'City of'Anaheiin signed said
Ordinance No.'3927'on''the 17th day of'October, 1978.
IN WITNESS WHEREOF; I have.hereunto-.set my hand and affixed the official
seal of the" City of Anaheim this 17th day .of October, 1978.
.. .
CITY.CLERK OF.TSE.CIT* OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify
that the foregoing is the original Ordinance No. 3927 and was published once in
the Anaheim Bulletin on the 27th day of October, 1978.,,
Ru1pT.InS
asueaTa •sng
alfa
ao-Fioa