HomeMy WebLinkAboutOrd 1972-1402 ORDINANCE NO. 1402
' AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 5 OF THE CHULA VISTA CITY CODE BY ADDING
THERETO A NEW ARTICLE 6 , RELATING TO ART FIGURE
STUDIOS �
The City Council of the City of Chula Vista does ordain
as follows :
SECTION I : That Chapter 5 of the Chula Vista City Code
be, and the same is hereby amended by adding thereto a new Article 6 ,
relating to art figure studios , to be , and to read as follows :
ARTZCLE 6 . ART FIGURE STUDIOS .
Sec . 5. 601 . Purpose and Intent.
It is the intent of the City Council in adopting
this article to provide regulation in the public
interest for the operation of art figure studios , as "
hereinafter defined, in order to aid bona fide artists
and art students in the practice and development of
their talent in portraying the human form.
The purpose of this article is to establish stan-
dards and regulations for such studios in order to
encourage artistic accomplishment in the citizens of
Chula Vista in a manner consistent with that goal .
Sec . 5 . 602 . Definitions .
(a) "Studio".
1 . Any premises on which there is conducted the
business of furnishing models who pose for
the purpose of being photographed in the
nude by persons who pay a fee, or other con-
sideration or compensation, or a gratuity,
for the right or opportunity so to depict '
the model , or for admission to, or for per-
mission to remain upon, or as a condition
of remaining upon the premises .
2. Any premises where there is conducted the
business of furni'shing or providing or pro-
curing for a fee or other consideration or
compensation or gratuity, models to be photo-
graphed in the nude .
(b) "ModeZ ".
Any person, male or female, who poses to
be photographed in the nude .
(c) "Nude " shall include:
1 . Completely without clothing.
2 . �9ith any pubic area exposed; or with the
pubic area covered in such a manner that
the private parts are visible or the form
thereof discernible .
3. With the breasts exposed by a female so
that the nipples thereof are exposed.
Sec . 5 .603 . Art Figure Studios - Permit Fees .
(a) No person shall operate a studio without
first paying an original permit fee of Two Hundred
Dollars ($200 .00) .
(b) No person shall operate a studio without
paying a renewal permit fee of One Hundred Dollars
($100 .00) , due yearly from the date of issuance of
the original permit.
Sec. 5 . 604 . Art Figure Studios - Standard for
Issuance of Studio Permit.
(a) No studio permit shall be issued except
upon a finding by the Chief of Police that the
studio is proposed to be operated for the purpose
of providing facilities for use by persons pursuing
a course of study, including the artistic photo-
graphic portrayal of the nude human form, and by
persons who engage in artistic photographic portrayal
as a means of livelihood.
(b) No studio permit shall be issued to any
person under eighteen (18) years of age, _ nor to a
corporation, any of whose officers are under eighteen
(18) years of age .
(c) No studio permit shall be issued upon a
finding that the applicant is not of good moral
character. Anyone convicted of a morals offense
shall be deemed not to be of good moral character
for the purposes of this section.
Sec. 5. 605 . Art Figure Studios - Exceptions to
Permits .
No permit shall be required for any studio which
is operated by the University of California, or any
State College or public junior college, or where the
Chief of Police is furnished satisfactory evidence
that the person, firm, association, partnership or
corporation operating it has met the requirements
established in Division 21 of the Education Code for
the issuance or conferring of, and is in fact autho-
rized thereunder to issue and confer a diploma or
honorary diploma .
Sec. 5 . 606 . Art Figure Studios - Permit Required
for Models .
No person shall be employed as a model of a studio,
required to be licensed pursuant to this article, with-
out first obtaining a permit from the Chief of Police.
A nonrefundable fee of Twenty-five Dollars ($25 .00)
shall accompany the submission of each application
for such a permit, to defray, in part, the cost of
investigation and report. A permit to act as a model
in an art figure studio does not authorize the opera-
tion of such a studio .
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Sec. 5 .607 . Application Contents .
Any applicant for a license or permit under this
article shall submit the following information:
(a) The full name and present address of applicant.
(b) The previous addresses of applicant, if any,
for a period of five (5) years immediately prior to
the date of the application and the dates of residence
at each .
(c) Written statements of at least five (5) bona
fide adult persons who may be easily and conveniently
contacted, that the applicant is of good moral character.
(d) Written proo£ that the applicant is over the
age of eighteen (18) years .
(e) Applicant's height, weight, color of eyes
and hair .
(f) Two recent portrait photographs at least
2" x 2" taken within the last six months .
(g) Business , occupation or employment history of
the applicant for the five (5) years immediately pre-
ceding the date of the application.
(h) The business license or permit history of
the applicant; whether such person, in previously
operating in this or another city or state under
license or permit, has had such license or permit
suspended or revoked, the reason therefor, and the
business activity or occupation subsequent to such
suspension or revocation.
(i) All arrests and/or convictions except minor
traffic offenses with a full explanation of the cir-
cumstances therefor.
(j) Applicant shall be required to furnish his
fingerprints .
(k) Such other identification and information
as the Chief of Police may require in order to discover
. the truth of the matters hereinabove specified as
required to be set forth in the application.
(1) Nothing contained herein shall be construed
to deny to the Police Department of the City of Chula
Vista the right to take the fingerprints and additional
photographs of the applicant, nor shall anything con-
tained herein be construed to deny the right of said
department to confirm the height and weight of the
applicant.
Sec . 5 . 608 . Art Figure Studios Facilities .
No license to conduct an art figure studio shall
be granted unless an inspection by the Chief of
Police reveals that the proposed establishment com-
plies with each of the following minimum require-
ments :
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(a) A recognizable and legible sign shall be
posted at the main entrance identifying the premises
as an art figure studio.
(b) Minimum lighting and ventilation shall be
provided in accordance with the Building Code of
the City of Chula Vista.
This section shall be construed to require minimum
standards only . All applicable provisions of this
Code have full force and effect. The applicant shall
be required to comply with all applicable provisions
of this Code .
Sec. 5 . 609 . Art Figure Studios - Grounds for
Suspension and Revocation of Studio
Permit.
The Chief of Police shall suspend or revoke a
studio permit upon a finding of any one of the
following causes :
(a) That the studio is not being operated for
the purpose of providing facilities for use by
persons pursuing a course of study, including the
artistic portrayal of the nude human form, and by
persons who engage in artistic portrayal as a means
of livelihood .
(b) That the permitee is not of good moral
character . Anyone convicted of a morals offense
shall be deemed not to be of good moral character
for the purposes of this section.
(c) That payment is made by or charges or fees
collected from any spectators or observers , who may
be in attendance during modeling sessions , except
that such payment or charges or fees shall not be
deemed to include payments made by legitimate students
of the operator of an art figure studio . .
(d) That alcoholic beverages have been sold, con-
sumed or permitted upon the premises of a studio
with the knowledge of the permittee .
(e) That the permittee has employed a model or
permitted a model to be employed in or about such
studio, either with or without salary, without
requiring such model to obtain a permit from the
Chief of Police authorizing such employment.
Sec. 5 .610 . Art Figure Studios - Appeal to
� City Council .
All denials , suspensions or revocations of studio
permits and studio employee permits shall be subject
to review by the City Council .
SECTION II : This ordinance shall take effect and be
in full force on the thirty-fist day from and after its passage
aand approval .
Presented by Approved as to form by
•� / �''�� I t�'i�V�'��c'�L�� `" "
� /U��S ��<�� �
Will'iam J. I�inters , Chief of George D. Lindberg, City Attorney
Police �
I, � � y'
ADOPTED A.qD APPROVED, BY THE CITY COUNCIL OF THE CITY OF
CHULA: VISTA, CALIFOR,yIA; this 27th day of : June , 197 ?,
by the following vote , to-wit : .
AYES: Cvunc.i.Emert ' Hvde, 'EAdahl , Scott
ABSTAIN: Councilmen Hobel, Hamilton `-
NAYES : Counc�.2men ' None' �
ABSENT: Courtet�men- None
— �
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ATTEST Q� �„�. � � ���A�
7i" �TCi',er�
STATE OF CALIFORNIA )
COJNTY OF SAD7 DIEGO j ss.
CITY OF CHULA. VISTA j
' I , JENNI� M, FULASZ , C�..ty; C2exh ob .the .C�..ty oS .Chuka U�.atia,
Ca2ibonnia, DO NERFBY CERTIFY .thn�t .the:. above and- boxego�.ng �.b a .. bukk,
�tnue and eonhec.t cop y o 6 ,
�' and .that .the eame ha� no.t been amended on nepeaked.
DATED:
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