9.13.030 License required.
A. All sexually oriented businesses are subject to the sexually oriented business regulatory license requirements of this chapter as well as all other applicable ordinances of the City and laws of the state of California. It shall be unlawful for any person to establish, operate, engage in, conduct, or carry on any sexually oriented business within Chula Vista unless the person first obtains, and continues to maintain in full force and effect, a sexually oriented business regulatory license as herein required. Any occurrence of the “establishment” of a sexually oriented business as defined in this chapter shall require a new application for a sexually oriented business regulatory license. The sexually oriented business regulatory license shall be subject to the development and operational standards of this chapter and the requirements of the zoning or other land use provisions applicable to where the facility is located.
B. License applicants shall file a written, signed and verified application in person at the City’s Development Services counter on a form provided by the City’s Director of Development Services or his or her designee (“the Director”). Such application shall contain the following information and be accompanied by the following documents:
1. If the license applicant is an individual, the individual shall state his or her legal name, including any aliases, and address, and shall submit satisfactory written proof that he or she is at least 18 years of age.
2. If the license applicant is a partnership, the partners shall state the partnership’s complete name, address, the names of all partners, and whether the partnership is general or limited; and shall attach a copy of the partnership agreement, if any.
3. If the license applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the state of California, the names and capacities of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service of process.
4. A signed and verified statement that the applicant has not pled guilty or nolo contendere or been convicted of specified criminal activities.
5. The license applicant shall provide a list of all performers and nonperformers, which includes the performer’s/nonperformer’s legal name, and mailing address, and satisfactory written proof that each performer/nonperformer is at least 18 years of age. If the sexually oriented business regulatory license is granted, the licensee shall maintain this list with current and updated information and shall make this list available for inspection upon reasonable notice.
6. Each nonperformer working in a managerial capacity and each performer shall provide the license applicant with a signed and verified statement that the nonperformer/performer has not pled guilty or pled nolo contendere or been convicted of a specified criminal activity.
7. Each person with an influential interest in the sexually oriented business or in a legal entity with an influential interest in the sexually oriented business shall sign the application for a license as an applicant. All persons who sign the application must also provide names, aliases, addresses, and date of birth.
8. If the license applicant intends to operate the sexually oriented business under a name other than that of the license applicant, the license applicant shall file the fictitious name of the sexually oriented business and show proof of registration of the fictitious name.
9. A description of the type of sexually oriented business for which the license 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.
10. The address to which notice of action on the application is to be mailed.
11. 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 oriented to the north or some other designated street or object and 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.
12. A diagram of the off-street parking areas and entries to the premises of the sexually oriented business, also showing the location of the lighting system required by this chapter.
C. The completed application shall be accompanied by a nonrefundable application fee. The amount of such fees shall be as set forth in the master fee schedule of the City adopted by resolution of the City Council.
D. The completeness of an application for a sexually oriented business regulatory license shall be determined by the Director within five City business days of its submittal. If the Director determines that the license application is incomplete, the Director shall immediately notify in writing the license applicant of such fact and the reasons therefor, including any additional information necessary to render the application complete. Such writing shall be deposited in the U.S. mail, postage prepaid, immediately upon determination that the application is incomplete. Within five City business days following the receipt of an amended application or supplemental information, the Director shall again determine whether the application is complete in accordance with the provisions set forth above. Evaluation and notification shall occur as provided herein until such time as the application is found to be complete.
E. The fact that a license applicant possesses other types of state or City licenses does not exempt the license applicant from the requirement of obtaining a sexually oriented business regulatory license under this chapter. (Ord. 3315 §§ 2(3), 2(4), 2014; Ord. 3241 § 2, 2012).