§ 5-8.201. Applications for sexually oriented business regulatory permit.

Every person who proposes to maintain, operate or conduct a sexually oriented business in the City of Simi Valley shall file an application with the Chief of Police upon a form provided by the Chief of Police and shall pay a nonrefundable application fee of One Hundred and no/100ths ($100.00) Dollars (unless that amount is otherwise amended by City Council resolution) at the time of filing the application. An original and two copies of the completed permit application, signed under penalty of perjury, shall be filed with the Chief of Police.

(a)

Sexually oriented business regulatory permits are nontransferable, except in accordance with Section 5-8.204. All applications shall include the following information:

(1)

If the applicant is an individual, the individual shall state his or her legal name, including any aliases ever used by applicant (past or present), address and telephone number, and shall submit satisfactory written proof that he or she is at least twenty-one (21) years of age.

(2)

If the applicant is a partnership, the partners shall state the partnership's complete names, addresses and telephone numbers, the names of all general partners, including any aliases (past or present), whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.

(3)

If the applicant is a corporation, or a limited liability company, the entity shall provide its complete name, the date of its incorporation, or formation, evidence that the entity is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent and the address of the registered office for service of process.

(b)

If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, only an officer of the business entity or an individual with a ten (10%) percent or greater interest in the business entity shall sign the application. A power of attorney shall not be acceptable in lieu of this requirement.

(c)

Past employment history for the prior five (5) years for all applicants and owners.

(d)

A current state driver's license number for all applicants and owners.

(e)

Whether each applicant and owner has ever been convicted of any of the following:

(1)

Every felony and every offense set forth in Sections 266a, 266b, 266c, 266e, 266g, 266h, 266i, 315, 316, 647.6, or 647b of the California Penal Code as those Sections now exist or may hereafter be amended or renumbered; or

(2)

The equivalent of the aforesaid offenses outside the State of California.

(f)

If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the sexually oriented business and shall show proof of registration of the fictitious name.

(g)

The application shall also contain:

(1)

A description of the type of sexually oriented business as defined in Section 5-8.102, for which the permit is requested, and the proposed address where the sexually oriented business will operate, plus the names and addresses of the owners and lessors of the sexually oriented business site.

(2)

The address to which notice of action on the application is to be mailed.

(3)

The names of all employees, independent contractors, and other persons at the sexually oriented business who are required by Section 5-8.205 to obtain a sexually oriented business performer permit.

(4)

A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the sexually oriented business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. The diagram shall also include the information required in Section 5-8.301 (h) if the application is for an adult arcade.

(5)

A certificate and straight-line drawing prepared within thirty (30) days prior to application depicting the building and the portion thereof to be occupied by the sexually oriented business, and the primary entrance to any other sexually oriented business within 500 feet of the primary entrance of the sexually oriented business for which a permit is requested; and the property line of Oak Park if Oak Park is within 500 feet of any property line of the proposed business.

(6)

A diagram of the off-street parking areas and premises entries of the sexually oriented business showing the location of the lighting system required by Section 5-8.301 (c).

(7)

The proposed hours of operation of the sexually oriented business.

(8)

All applicant's and owner's fingerprints on a form provided by the Police Department, and a color photograph clearly showing the face of each applicant and owner. Any fees for the photographs and fingerprints shall be paid by the applicant and shall not be refundable.

(h)

If the Chief of Police determines that the applicant has completed the application improperly, the Chief of Police shall promptly notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of ten (10) days or less to complete the application properly. In addition, the applicant may request an extension, not to exceed ten (10) days of the time for the Chief of Police to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.

(i)

The fact that an applicant possesses other types of state or city permits or licenses does not exempt the applicant from the requirement of obtaining a sexually oriented business regulatory permit.

(§ 2, Ord. 932, eff. July 30, 1998)