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SAN DIEGO MUNICIPAL CODE
DIVISION 36
Nude Entertainment Business and
Nude Entertainers (1999)

33.3601 Citation of Ordinance

This division may be cited as the San Diego Nude Entertainment Business and Nude Entertainers Regulatory Ordinance.
(Added 1/11/78 by O-12259 N.S.)

33.3602 Purpose and Intent

It is the purpose and intent of this division to provide for the orderly regulation of the business of nude entertainment and nude entertainers in the City of San Diego by establishing certain minimum standards for the conduct of this type of business to protect the public order and the general welfare of the residents of the City of San Diego.
(Added 1/11/78 by O-12259 N.S.)

33.3603 Nude Entertainment Business - Police Regulated

The business of nude entertainment is hereby designated as "Police Regulated".
(Added 1/11/78 by O-12259 N.S.)

33.3604 Definitions

Whenever used in this Division, the following words and phrases shall mean:

(a) "Nude" shall mean devoid of an opaque covering which covers the genitals, pubic hair, buttocks, perineum, anus or anal region of any person, or any portion of the breast at or below the areola thereof of any female person.

(b) "Nude Entertainment Business" shall mean any establishment or business where any individual, firm, association, partnership, corporation, or combination of individuals engages in, conducts, carries on or permits to be engaged in, conducted, or carried on "nude entertainment", as defined in this Division. It includes an adult cabaret, and bars and other establishments commonly known as "topless."

(c) "Nude Entertainment" shall mean any activity where a nude person provides services, including but not limited to, talking, reading, listening, singing, poseing, walking, dancing, or wrestling.

(d) "Nude Entertainer" shall mean any person who gives or provides to another person, for any form of consideration whatsoever, "nude entertainment" as defined in this division.

(e) "License" shall mean the business license to operate a nude entertainment business required by this division.

(f) "Permit" shall mean the permit to engage in the activities of a nude entertainer required by this division.

(g) "Adult Cabaret" is an establishment serving food or alcoholics or nonalcoholic beverages and which provides "nude entertainment."
(Amended 2/23/87 by O-16812 N.S.)

33.3605 Nude Entertainment - License Required

It shall be unlawful for any person, association, partnership or corporation to engage in, conduct, carry on, or to permit to be engaged in, conducted or carried on, the operation of a "nude entertainment" business as herein defined, without a license issued pursuant to the provisions of this division for each every such business. The license required hereby shall be in addition to any business tax license required by this code.
(Added 1/11/78 by O-12259 N.S.)

33.3606 Nude Entertainment License

(a) Any person, association, partnership, or corporation desiring to obtain a license to operate a nude entertainment business shall make an application to the Chief of Police or his designated representative. An annual nonrefundable fee shall accompany the submission of each application to defray, in part, the cost of investigation, inspection and enforcement of this division. An annual nonrefundable renewal fee shall be charged to defray associated costs of investigation and enforcement.

(b) Each applicant for a license to operate a nude entertainment business shall furnish the following information to the Chief of Police:
1. The full true name and any other names used by the applicant.
2. The present address and telephone number of the applicant.
3. The proposed address of the nude entertainment business.
4. Each residence and business address of the applicant for the three (3) years immediately preceding the date of the application, and the inclusive dates of each such address.
5. Written proof that the applicant is at least eighteen (18) years of age.
6. Applicant's height, weight, color of eyes and hair.
7. Two photographs of the applicant of a size specified by the Chief of Police taken within one(1) month immediately preceding the date of application. One photograph shall be retained by the Chief of Police and one photograph shall be affixed to the license.
8. Applicant's business, occupation and employment history for the three (3) years immediately preceding the date of application.
9. The business license or permit history of the applicant: whether such applicant has ever had any license or permit issued by any agency or board, City, County or State revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reason therefor.
10. All criminal convictions, except traffic violations, and a statement of the dates and places of such conviction.
11. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its Articles of Incorporation or Charter, together withe State and date of incorporation and names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent (5%) of the sotck of the corporation. If the applicant is a partnership, the application shall set forth the name and residnce addresses of each of the partners, including limited partners. If the application is a limited partnership, it shall furnish a copy of its certificate of limited partnership as filed with the County Clerk. If one or more of the partners is a corporation, the provisions of this section pertaining to corporate applicants shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such person shall complete and sign all application forms required of an individual under this division, but only one application fee shall be charged.
12. The name and address of the owner and lessor of the real property upon or in which the business is to be conducted, and a copy of the lease or rental agreement.
13. Such other identification and information as may be required in order to discover the truth of the matters herein specified as required to be set forth in the application.
14. The Chief of Police may require the applicant to furnish fingerprints when needed for the purpose of establishing identification.

(c) The Chief of Police shall have a reasonable time, not to exceed sixty (60) days, in which to investigate the application and the background of the applicant.

(d) A license shall be issued within sixty (60) days of receipt of the application to any applicant who has furnished all of the information required by this section in the application for such license, unless:
1. The applicant has knowingly made a false or misleading statement of a material fact or omission of a material fact in the application for the license; or
2. The applicant, if an individual, or in the case of an applicant which is a corporation or partnership, any of its officers, directors, hodlers of five percent (5%) or more of the corporation's stock, or partners, has within five (5) years immediately preceding the date of the filing of the application, been convicted in a court of competent jurisdiction of any of the following offenses: 266i, 315, 316, or subdivision (b) of Section 647 of the California Penal Code; an offense which requires registration as a sex offender with the Chief of Police under Penal Code Section 290; any offense involving the unlawful sale of a controlled substance specified in the California Health and Safety Code; any offense in another state which, if committed in this state would have been punishable as one or more of the heretofore mentioned offenses; any offense involving the use of force or violence upon the person of another; any offense involving theft, embezzlement or moral turpitude; or any statute, ordinance or regulation pertaining to the same or similar business operation; or
3. The applicant has allowed or permitted acts of unlawful sexual misconduct or other unlawful activities to be committed within previous business operations; or
4. The operation of the business as proposed, if permitted, would not comply with all applicable building, fire, health and zoning laws; or
5. The applicant has had a similar type of license previously revoked for good cause within one (1) year immediately preceding the date of the filing of the application and can show no material changes in circumstances since such revocation; or
6. The applicant is under eighteen (18) years of age.
(Amended 2/23/87 by O-16812 N.S.)(may have been amended since 1999)

33.3607 Nude Entertainer - Permit Required

It shall be unlawful for any person to engage in the business of acting or act as a nude entertainer without a permit issued pursuant to the provisions of this division.
(Amended 1/11/78 by O-12259 N.S.)

33.3608 Nude Entertainer Permit

(a) Any person desiring to obtain a permit to act as a nude entertainer shall make application to the Chief of Police, or his designated respresentative. An annual nonrefundable fee shall accompany the submission of each application to defray, in part, the cost of investigation and examination as required by this division. An annual nonrefundable renewal fee shall be charged to defray associated costs of investigation and enforcement.

(b) Each applicant for a permit to act as a nude entertainer shall furnish the following information to the Chief of Police:
1. The full ture name and any other names used by the applicant;
2. The present address and telephone number of the applicant;
3. Each residence and business address of the applicant for the three (3) years immediately preceding the date of the application, and the inclusive dates of each such address;
4. Written proof that the applicant is at least eighteen (18) years of age;
5. Applicant's height, weight, color of eyes and hair;
6. Two photographs of the applicant of a size specified by the Chief of Police taken within the last six (6) months immediately preceding the date of the application. One photograph shall be retained by the Chief of Police and one photograph shall be affixed to the permit;
7. Applicant's business, occupation and employment history for the three (3) years immediately preceding the date of the application;
8. The business license or permit history of the applicant: whether such applicant has ever had any license or permit issued by any agency or board, City, County or State revoked or suspended, or has had any professional or vocational license or permit revoked or suspended, and the reason therefor;
9. All criminal convictions, except traffic violations, and a statement of the dates and places of such convictions;
10. The establishment of business locations, if any, at which the applicant expects to be employed.
11. Such other identification and information as may be required in order to discover the truth of the matters herein specified as required to be set forth in the application.
12. The Chief of Police may require the applicant to furnish fingerprints when needed for the purpose of establishing identification.

(c) The Chief of Police shall have a reasonable time, not to exceed sixty (60) days, in which to investigate the application and background of the applicant.

(d) A permit shall be issued within sixty (60) days of receipt of the application to any applicant who has furnished all of the information required by this section in the application for such permit, unless:
1. The applicant has knowingly made a false or misleading statement of a material fact or omission of a material fact in the application for the permit; or
2. The applicant has within five (5) years immediately preceding the date of the filing of the application been convicted of any of the following offenses: 315, 316, or subdivisions (a) or (b) of Section 647 of the California Penal Code, or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of section 415 of the California Penal Code in satisfaction of, or as a substitute for, an original charge of a violation of sections 315, 316 or subdivision (a) or (b) of section 647 of the California Penal Code; any offense which requires registration as a sex offender with the Chief of Police under Penal Code Section 290; any offense in another state which if committed in this state would have been punishable as one or more of the heretofore mentioned offenses; or any statute, ordinance or regulation pertaining to the same or similar business operation; or
3. The applicant has had a massage technician, massage establishment, off-premises massage establishment, nude entertainment, escort service, rap parlor, nude photo studio or similar type of license or permit suspended for one (1) year or more, or revoked for good cause within three (3) years immediately preceding the date of the filing of the application, unless the applicant can show a material change in circumstances or mitgating circumstances exist since the revocation or suspension; or
4. The applicant is under eighteen (18) years of age.
(e) A permit to act as a nude entertainer does not authorize the operation of a nude enterainment business. Any person obtaining a permit to act as a nude entertainer who desires to operate a nude entertainment business must separately apply for a license therefor. A person who applies for a license to operate a nude entertainment business and who desires to act as a nude entertainer within said business, who pays the fee required by Section 33.3606 of this division, shall not be required to pay the fee required in this section.
(Amended 7/23/90 by O-17498 N.S.
(Portions of this section declared unconstitutional in 4805 Convoy v. San Diego, 9th Circuit Court of Appeals, 1999)

33.3609 Operative Date - Nude Entertainers

All persons operating or employed as nude entertainers at the time this division becomes effective shall obtain a Nude Entertainer Permit within thirty (30) days of the effective date of this division.
(Added 1/11/78 by O-12259 N.S.)

33.3610 Nude Entertainment Businesses - Operating Requirements

No person, association, partnership, or corporation shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on the operation of a nude entertainment business unless each and all of the following requirements are met:

(a) Each person employed or acting as a nude entertainer shall have a valid permit issued pursuant to the provisions of this Division, and it shall be unlawful for any owner, operator, responsible managing employee, manager or permittee in charge or in control of a nude business to employ or permit any person to act as a nude entertainer who is not in possession of a valid, unrevoked Nude Entertainer Permit, which permit shall be prominently displayed with the permit required of the business.

(b) The possession of a valid Nude Entertainment Business License does not authorize the possessor to perform services for which a Nude Entertainer Permit is required.

(c) It shall be unlawful for any employee, owner, operator, responsible managing employee, manager or permittee of a nude entertainment business to allow any person below the age of eighteen (18) years upon the premises or within the confines of any nude entertainment business.

(d) Nude entertainment services shall be conducted or carried on only between the hours of 6 a.m. and 2 a.m. of the following day.

(e) No nude entertainer shall dance with or otherwise be within six (6) feet of a patron while performing for compensation or while on licensed premises. Regulatory only with this Article.

(f) No responsible person, as defined in this Article, shall permit or allow at licensed premises any patron to approach within six (6) feet of a nude entertainer, or permit or allow a nude entertainer to approach within six (6) feet of a patron. Regulatory only within this Article.

(g) All employees of nude entertainment businesses, other than nude entertainers while performing, shall, at a minimum while on or about the licensed premises, wear an opaque covering which covers the genitals, pubic hair, buttocks, perineum, anus or anal region, and the breasts of a female including the areola thereof. Regulatory only within this Article.
(Amended 7/23/90 by O-17498)

33.3611 Name of Business

No person licensed to do business as herein provided shall operate under any name or conduct his business under any designation not specified in his license.
(Added 1/11/78 by O-12259 N.S.)

33.3612 Change of Location

A change of location of a licensed nude entertainment business shall be approved by the Chief of Police provided all applicable provisions of this division are complied with and a nonrefundable change of location fee has been paid to the Chief of Police, and the new location complies with all applicable zoning, health, fire and safety codes.
(Amended 1/7/80 by O-15151 N.S.)

33.3613 Sale or Transfer

Thirty (30) days after the sale or transfer of any interest in a nude entertainment business, any license heretofore issued shall be null and void. A new appliation shall be made by any person, firm, or entity desiring to own or operate the nude entertainment business. A fee shall be payable for each such application involving the sale or transfer of any interest in an existing nude entertainment business. The provisions of Section 33.3606 of this division shall apply to any person, association, partnership, or corporation applying for a nude entertainment business license for premises previously used as such businesses.
(Amended 1/7/80 by O-15151 N.S.)

33.3614 Inspection

The Police Department shall make reasonable and periodic inspections of the foyer, hallways, restrooms and other areas used or intended for use in common by customers of each and every nude entertainment business in the City of San Diego during hours of the business operation for the purpose of determining that there is compliance with the provisions of this division and the laws of the State of California.
(Added 1/11/78 by O-12259 N.S.)

33.3615 Exemptions

Except as to the provisions of Section 33.3610(e), (f) and (g), the provisions of this Division shall not apply to the following:

(a) Any theater, concert hall, or similar establishment which is primarily devoted to theatrical performances. Any establishment claiming exemption from regulation pursuant to this subsection shall be subject to licensing and regulation pursuant to Divisions 15 or 16 of this Article, as appropriate, pending administrative or legal determination as to its exempt status under this Division.

(b) Any studio which is operated by any state college or university or public community college or school wherein the persons, firm, association, partnership, or corporation operating it have met the requirements established in Division 21 of the California Education Code for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma or honorary diploma.

(c) Any premises where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in subdivision (b) of this section.
(Amended 2/23/87 by O-16812 N.S.)

33.3616 Grounds for Suspension or Revocation of License or Permit

In addition to the grounds enumerated in Section 33.0401, in the event that any person holding a license or permit issued pursuant to this Division shall violate or cause or permit to be violated any of the provisions of this Division or is convicted of any of those crimes contained in Section 33.3606(d)(2), the Chief of Police may, in addition to other penalties provided by ordinance, suspend or revoke the license or permit of the licensee or permittee.
(Amended 2/23/87 by O-16812 N.S.)
(Declared unconstitutional in 4805 Convoy v. San Diego, 9th Circuit Court of Appeals, 1999
(also declared unconstitutional in Baby Tam v. Las Vegas, 9th Circuit Court of Appeals, 1998
)

33.3617 Hearing

(Repealed 1/7/80 by O-15151 N.S.)
(Repealing declared unconstitutional in 4805 Convoy v. San Diego, 9th Circuit Court of Appeals, 1999
)

33.3618 Stay of Suspension or Revocation

(Repealed 1/7/80 by O-15151 N.S.)
(Repealing declared unconstitutional in 4805 Convoy v. San Diego, 9th Circuit Court of Appeals, 1999
)

33.3619 Appeal

(Repealed 1/7/80 by O-15151 N.S.)
(Repealing declared unconstitutional in 4805 Convoy v. San Diego, 9th Circuit Court of Appeals, 1999
)

33.3620 Constitutionality

If any section, subdivision, sentence, clause or phrase of this division is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this division. The Council hereby declares that it would have adopted the division and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
(Added 1/11/78 by O-12259 N.S.)


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