§ 26-25. Adult establishment work permit.

(a)

No person, including, but not limited to, cashiers, stocking clerks, performers, dancers, adult entertainers, bartenders, barmaids, bouncers, valets, dj's, bar backs, waiters, waitresses, bathroom attendants and musicians, working either as an independent contractor or as an employee at any establishment holding a license hereunder shall begin working at such establishment, either temporarily or permanently, until such person has made application for an adult establishment work permit (hereinafter referred to as "work permit") to the city police department and has been issued an annual work permit or a temporary work permit by the city police department. Upon the filing of a complete application for a work permit, the city police department shall immediately issue a temporary work permit to the applicant if the applicant seeks to work in a licensed adult establishment and the completed application, on its face, indicates that the applicant is eligible for an annual work permit. The temporary work permit shall expire upon the final decision of the city to deny or grant an annual work permit. Within 30 days of receipt of a completed application, the city police department shall either issue an annual work permit or a written notice of nonclearance. In the event the city police department has not issued a work permit or has not issued a written notice of nonclearance within the 30-day period following receipt of a completed application, the applicant shall be deemed to have been granted an annual work permit hereunder and may begin work at the applicable adult establishment.

(b)

All persons required to obtain a work permit hereunder, prior to the date of their first work in an adult establishment, shall report to the city police department for purposes of making application for a work permit to work at an adult establishment. The application shall be provided by the city police department and shall be signed by the applicant. An application shall be considered complete when it contains the following:

(1)

The applicant's full legal name and any other names used by the applicant in the preceding five years;

(2)

Current business address or another mailing address for the applicant;

(3)

Written proof of age, in the form of a driver's license, a picture identification document containing the applicant's date of birth issued by a governmental agency, or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency;

(4)

The adult establishment work permit application fee;

(5)

A statement of whether an applicant has been convicted of or has pled guilty or nolo contendere to a specified criminal activity as defined in this article, and if so, each specified criminal activity involved, including the date, place, and jurisdiction of each as well as the dates of conviction and release from confinement, where applicable; and

(6)

A complete set of fingerprints taken by the city police department. The city police department shall provide fingerprinting service upon the request of the applicant during regular office hours.

The city police department shall conduct a criminal investigation to the extent allowed by law on any person making application for an adult establishment work permit under this section.

(c)

Within 30 days of receiving a completed application, the city police department shall issue an annual work permit to an applicant unless:

(1)

The applicant is less than 18 years of age;

(2)

The applicant has failed to provide information as required by this article for issuance of a work permit or has falsely answered a question or request for information on the application form;

(3)

The application fee for an adult establishment work permit required by this article has not been paid; or

(4)

The applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this article.

(d)

If the applicant is deemed ineligible to receive a work permit hereunder based on any of the eligibility requirements contained in subsection (c), the city police department shall issue a written notice of nonclearance to the applicant stating that the person is ineligible for such work permit and explaining the reasons therefore.

(e)

Any annual work permit issued hereunder shall expire 12 months from the date of issue shown on the work permit. The person issued an adult establishment work permit shall make application for renewal at least 60 days prior to the expiration of the work permit in order to continue working at the adult establishment after expiration of the 12-month issue period. Such renewal application shall include the same information as, and be treated the same as, an initial application pursuant to this section 26-25. The city council shall prescribe a reasonable application fee for an annual adult establishment work permit.

(f)

Any person that has been granted a work permit hereunder shall bring such work permit to the applicable adult establishment and shall make it available to any member of the city police department upon request on the premises of an adult establishment. If the work permit is revoked or suspended, the work permit shall be returned to the city police department upon request. It shall be unlawful for any person to transfer, alter, conceal, deface or otherwise destroy the work permit or to refuse to return a work permit to the city police department in the event of suspension, revocation or expiration.

(g)

If a person, subsequent to the issuance of a work permit hereunder, violates any provision of this article or otherwise becomes ineligible hereunder to receive a work permit, the city police department shall issue a written notice of intent to suspend or revoke the work permit.

(h)

(1)

When the city police department issues a written notice of nonclearance or a written notice of intent to suspend or revoke a work permit, the city police department shall immediately send such notice, which shall include the specific grounds under this article for such action, to the applicant or permittee (respondent) by personal delivery or certified mail. The notice shall be directed to the most current business address or other mailing address on file with the city police department for the respondent. The notice shall also set forth the following: The respondent shall have ten days after the delivery of the written notice to submit, at the office of the city clerk, a written request for a hearing.

(2)

If the respondent does not request a hearing within said ten days, the city police department's written notice shall become a final denial, suspension, or revocation, as the case may be, on the 30th day after it is issued, and shall be subject to the provisions of subsection (4) below.

(3)

If the respondent does make a written request for a hearing within said ten days, then the city clerk shall, within ten days after the submission of the request, send a notice to the respondent indicating the date, time, and place of the hearing. The hearing shall be conducted not less than ten days nor more than 20 days after the date that the hearing notice is issued. The city shall provide for the hearing to be transcribed. At the hearing, the respondent shall have the opportunity to present all of respondent's arguments and to be represented by counsel, present evidence and witnesses on his or her behalf, and cross-examine any of the city police department's witnesses. The city police department shall also be represented by counsel, and shall bear the burden of proving the grounds for denying, suspending, or revoking the work permit. The hearing shall take no longer than two days, unless extended at the request of the respondent to meet the requirements of due process and proper administration of justice. The hearing officer shall issue a final written decision, including specific reasons for the decision pursuant to this article, to the respondent within five days after the hearing. If the decision is to deny, suspend, or revoke the work permit, the decision shall advise the respondent of the right to appeal such decision to the superior court by writ of certiorari, and the decision shall not become effective until the 30th day after it is rendered. If the hearing officer's decision finds that no grounds exist for denial, suspension, or revocation of the work permit, the hearing officer shall, contemporaneously with the issuance of the decision, order the city police department to immediately withdraw the notice and to notify the respondent in writing by certified mail of such action. Where applicable, the city police department shall contemporaneously therewith issue the annual work permit to the applicant.

(4)

If any court action challenging a work permit decision is initiated, the city shall prepare and transmit to the court a transcript of the hearing within 30 days after receiving written notice of the filing of the court action. The city shall consent to expedited briefing and/or disposition of the action, shall comply with any expedited schedule set by the court, and shall facilitate prompt judicial review of the proceedings. The following shall apply to any person lawfully working at an adult establishment on the date on which the completed work permit is filed with the city police department. Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the city's enforcement of any denial, suspension, or revocation of a temporary or annual work permit, the city police department shall immediately issue the respondent a provisional work permit. The provisional work permit shall allow the respondent to continue employment in an adult establishment and will expire upon the court's entry of a judgment on the respondent's appeal or other action to restrain or otherwise enjoin the city's enforcement.

(Ord. No. 2008-08-41, 8-19-2008; Ord. No. 2009-04-25, § 1, 4-21-2009; Ord. No. 2012-02-03, § 2, 2-7-2012)