Appendix 4975. Permit requirement.

(a)

No person shall produce an adult film in the County without first obtaining a permit pursuant to this Section.

(b)

The Director shall issue a permit under this Section within fourteen (14) business days of receipt of a completed application on a form he or she designates for that purpose unless he or she determines on the basis of substantial evidence that one or more of the following is true:

(1)

The applicant failed to provide the information requested on the application form or the information provided is false or intentionally misleading;

(2)

The applicant failed to pay any fee lawfully established by the County for the issuance of such permits;

(3)

The applicant failed to acknowledge receipt of a copy of this Chapter (which the Director shall provide) by signing where indicated on the application form or otherwise; and/or

(4)

The information provided on the application demonstrates that the activity for which the permit is requested would violate this chapter or other applicable law.

(c)

The application form designated by the Director shall require only information needed to reasonably demonstrate notice of and compliance with the requirements of this Chapter and other provisions of this Code. In particular, the application form shall not inquire into the substantive content of an adult film other than as reasonably necessary to determine that the film is an adult film.

(d)

If the Director denies a permit pursuant to subsection (b), he or she shall give the applicant written notice of that denial and the reason(s) for it within fourteen (14) business days of his or her receipt of an application. Written notice directed to the applicant by any means possible in light of the information provided by the applicant, including personal delivery, mail, telecopier or facsimile, email, or other means likely to achieve actual notice, shall be sufficient.

(e)

Denial of a permit under this Section shall be subject to judicial review pursuant to Code of Civil Procedure Section 1094.8 as it now exists or may hereafter be amended.

(f)

The permittee shall abide by all applicable health and safety regulations, including the worker safety provisions of California Code of Regulations Title 8, Section 5193 and the condom requirements stated in Section 4977.

(g)

The permittee must post a copy of the permit and this chapter at every site where production of an adult film depicting sexual penetration or oral sex takes place and maintain it in a place easily visible to all performers while production takes place there. In addition, a legible sign shall be displayed at all times at the location where any adult film is filmed in any conventional typeface with a font size not smaller than thirty-six (36) points, that provides the following notice so as to be clearly visible to all performers:

The use of condoms is required for all acts of anal, oral, or vaginal sex during the production of adult films to protect performers from sexually transmitted infections.

(h)

The Director, on the basis of a complaint or other information, may conduct an investigation of the filming location. The permittee shall upon request:

(1)

Permit the Director to review all film or other media evidencing sexual penetration or oral sex in the production of an adult film in the County, whether or not the film or media is included in an edited version of the adult film, and

(2)

Allow the Director to inspect, during production or otherwise, any filming location at which sexual penetration or oral sex in the production of an adult film takes place.

Officers duly authorized by the Director to conduct the inspection may enter and inspect the filming location, issue citations, and secure any samples, photographs, or other evidence relating to the permittee's compliance with this chapter.

(Ord. No. 4452, § 1, 5-7-2013)