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15.4 Encounter Studios


SEC. 1072.1. DEFINITIONS.

For the purposes of this Article, the following words and phrases shall mean and include:

(a) Theater. A building, playhouse, room, hall, or other place having therein a permanent stage upon which movable scenery is or may be placed and upon which theatrical or vaudeville or similar performances are given, with seats so arranged in proximity to such stage that a body of spectators may have an unobstructed view of said stage, the primary function of which is to serve as the locale of such performance.

(b) Encounter Studio. An establishment to which patrons or members are invited and is so arranged as to provide booths, cubicles, room or rooms, compartments or stalls wherein an entertainer provides entertainment as defined herein to patrons or members or groups of members or patrons within the aforesaid booths, cubicles, room or rooms, compartments or stalls.

(c) Entertainment. Any act, play, review, pantomime, scene, song, dance act, song and dance act, modeling, conversation, appearance or any other live act, demonstration, exhibition, or poetry recitation, conducted or participated in by any person in or upon any premises to which patrons or members are admitted. “Entertainment” also includes a fashion or style show, except when conducted by a bona fide nonprofit club or organization as part of the social activities of such club or organization, and when conducted solely as a fund- raising activity for charitable purposes.

“Entertainment,” in addition, is defined to mean and include the playing upon or use of any instrument that is capable of or can be used to produce musical sounds or percussion sounds, including but not limited to reed, brass, percussion or stringlike instruments; provided, further, that “entertainment” is defined to mean any instrument or device capable of producing or reproducing sound.

(d) Person. An individual, firm, partnership, joint adventure, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit, excepting the United States of America, the State of California, and any political subdivision of either thereof.

(e) Operator. Any person operating an Encounter Studio, including but not limited to the owner or proprietor of the premises upon which it is located, and the lessee, sublessee, or mortgagee in possession.

(f) Bona Fide Nonprofit Clubs or Organizations. Any fraternal charitable, religious or benevolent, or any other nonprofit organization, having a regular membership association primarily for mutual social, mental, political and civil welfare to which admission is limited to members and guests and revenue accruing therefrom to be used exclusively for the benevolent purposes of said organization and which organization or agency is exempt from taxation under the Internal Revenue Laws of the United States as a bona fide fraternal, charitable, religious, benevolent or nonprofit organization.

(g) Entertainer. An entertainer, for the purposes of this Article, is any person who performs any act enumerated in Section 1072.1(c) of this Article within an Encounter Studio whether for any consideration or not.

(h) Employee. Any and all persons who work in or about or render any services whatsoever to the patrons or customers of an Encounter Studio and who receives compensation for such service.

(i) Specified Sexual Activities. (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse or sodomy; and (3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(j) Specified Anatomical Areas. (1) Less than completely and opaquely covered: (a) human genitals, pubic hair, buttock, natal cleft, perineum, anal region, and (b) female breast at or below the areola thereof; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.2. PERMIT REQUIRED.

It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City and County of San Francisco, the operation of an Encounter Studio as herein defined, without first having obtained a permit from the Police Department. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.3. EMPLOYEE PERMIT REQUIRED DISPLAY.

It shall be unlawful for any entertainer or other employee to work in or about, or to perform any services for a customer of an Encounter Studio without first securing a permit from the Chief of Police.

Every person to whom an employee permit is granted pursuant to the provisions of this Article shall display said permit in plain view on his person at all times while on an Encounter Studio premises in such a manner that the same may be readily seen by customers on the premises. Said permit shall contain a recent photograph of the entertainer as well as said entertainer's name and permit number. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.4. FILING AND FEE PROVISION.

Every applicant desiring a permit to maintain, operate or conduct an Encounter Studio shall file an application with the Chief of Police upon a form provided by said Chief of Police and pay a filing fee which shall not be refundable. Each such applicant shall pay an additional fee of $500 which shall be used by the Chief of Police to investigate said applicant's application as provided in Section 1072.6 herein. Any unused portion of such additional fee shall be returned to the applicant at the conclusion of the hearing on his application provided by Section 1072.1. (Amended by Ord. 555-81, App. 11/12/81)

SEC. 1072.5. EMPLOYEE PERMIT.

Application to Chief of Police. Every applicant for an Employee Permit for an Encounter Studio shall file an application with the Chief of Police on a form provided by said Chief of Police and pay a filing fee which shall not be refundable. Said applicant shall file for a permit within 30 days of the effective date of this Article. (Amended by Ord. 555-81, App. 11/12/81)

SEC. 1072.6. APPLICATION FOR ENCOUNTER STUDIO PERMIT.

The application for a permit to operate an Encounter Studio shall set forth the proposed place of business and facilities therefor and the name and address of each applicant.

In addition to the foregoing, any applicant for a permit shall furnish the following information:

(a) The two previous addresses immediately prior to the present address of the applicant.
(b) Written proof that the applicant is at least 18 years of age.
(c) Applicant's height, weight, color of eyes and hair.
(d) Three portrait photographs at least 2" x 2".
(e) Business, occupation, or employment of the applicant for the three years immediately preceding the date of application.
(f) All criminal convictions except minor traffic violations.
(g) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation together with the names and residence addresses of each of the officers, directors, and each stockholder holding more than 10 percent of the stock or beneficial ownership of the corporation. If the applicant is a partnership, the application shall set forth the name and the residence addresses of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this Section pertaining to a corporate applicant apply.
(h) Whether applicant or any other person who will be directly engaged in the management or operation of the Encounter Studio has been previously granted permits or licenses to engage in a business or occupation by the State of California or by the City and County of San Francisco, any of which permits or licenses has/have been revoked by the granting authority because of violation of law or violation of rules promulgated by the regulating agency where the issuing agency or the regulating agency is either the Alcoholic Beverage Control Commission or the San Francisco Police Department. The Chief of Police shall not take into account such revocation if the applicant suffered such revocation at least three years prior to the date of the application.
(i) Such other identification and information necessary to discover the truth of the matters hereinbefore specified as required to be set forth in the application.
(j) Nothing contained herein shall be construed to deny to the Chief of Police the right to take the fingerprints and additional photographs of the applicant, nor shall anything contained herein be construed to deny the right of said Chief of Police to confirm, by independent investigation, the truth and accuracy of the above information. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.7. APPLICATION FOR EMPLOYEE OF AN ENCOUNTER STUDIO.

The employee of an Encounter Studio filing for a permit shall furnish the following information:

(a) Name.
(b) Residence address.
(c) Encounter Studio in which the employee is currently working.
(d) Two previous addresses immediately prior to the present address of the applicant.
(e) Applicant's weight, height, color of eyes and hair.
(f) Written proof that applicant is at least 18 years of age.
(g) Three portrait photographs of at least 2" x 2".
(h) Previous employment of the applicant for three years immediately preceding the date of application.
(i) All criminal convictions except minor traffic violations.
(j) Such other identification and information necessary to discover the truth of the matters hereinbefore specified.
(k) Whether applicant or any other person who will be directly engaged in the management and operation of the Encounter Studio has been previously granted permits or licenses to engage in a business or occupation by the State of California or the City and County of San Francisco, any of which permits or licenses has/have been revoked by the granting authority.
(l) Nothing contained herein shall be construed to deny the Chief of Police the right to take the fingerprints and additional photographs of the applicant, nor shall anything contained herein be construed to deny the right of said Chief of Police to confirm, by independent investigation, the truth and accuracy of the above information. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.8. VERIFICATION OF APPLICATION.

Every application for a permit under this Article shall be verified as provided in the Code of Civil Procedure of the State of California for the verification of pleadings. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.9. CORPORATE, APPLICANTS; EXEMPTION.

The provisions of Section 1072.6(a), (b), (c), (d), (e) and (f) entitled “Application for Permit” relating to requirement for corporate applicants shall not apply to any of the following:

(1) A corporation, the stock of which is listed on a stock exchange in the State of California or the City of New York, State of New York.

(2) A bank, trust company, financial institution or title company to which application is made or to whom a license is issued in a fiduciary capacity.

(3) A corporation which is required by law to file periodic reports with the Securities and Exchange Commission. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.10. CORPORATE PERMITTEE; MAINTENANCE OF STOCK REGISTER; REPORT.

(A) Any corporation holding a permit under this Article shall maintain a stock register at the principal office of the corporation in San Francisco and the stock register shall be available to the Police Department for inspection. Such corporation shall report to the department in writing any of the following:

(1) Issuance or transfer of any shares of stock or beneficial ownership thereof to any person where the issuance or transfer results in the person owning 10 percent or more of the corporate stock.

(2) Change in any of the corporate officers which are required by Section 821 of the Corporations Code.

(3) Change of the members of its Board of Directors.

The report shall be filed with the Police Department within 30 days after the issuance or transfer of corporate stock or beneficial ownership thereof, change in corporate officers, or change in members of the Board of Directors, as the case may be.

(B) The provisions of this Section shall not apply to any of the following:

(1) A corporation, the stock of which is listed on a stock exchange in this state or in the City of New York, State of New York.

(2) A bank, trust company, financial institution or title company to which a permit is issued in a fiduciary capacity.

(3) A corporation which is required by law to file periodic reports with the Securities and Exchange Commission. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.11. NOTICE OF HEARING.

When an application is filed for a permit under this Article, the Chief of Police shall fix a time and place for a public hearing thereon. Not less than 10 days before the date of such hearing, the Chief of Police shall cause to be posted a notice of such hearing in a conspicuous place on the property in which or on which the proposed Encounter Studio is to be operated. Such posting of notice shall be carried out by the Chief of Police, and the applicant shall maintain said notice as posted for the required number of days. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.12. REFERRAL OF APPLICATION TO OTHER DEPARTMENTS.

The Chief of Police, upon receiving an application for an Encounter Studio permit, shall refer the application to the Bureau of Building Inspection, the Fire Department, and the City Planning Department which departments shall inspect the premises proposed to be operated as an Encounter Studio and shall make written recommendations to the Chief of Police concerning compliance with the codes that they administer. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.13. ISSUANCE OF PERMIT FOR AN ENCOUNTER STUDIO.

The Chief of Police shall issue a permit within 14 days following a hearing if all requirements for an Encounter Studio described in this Article are met and shall issue a permit to all persons who apply to perform Encounter Studio services unless he finds:

(1) That the operation as proposed by the applicant if permitted would not have complied with all applicable laws, including, but not limited to the Building, City Planning, Housing and Fire Code of the City and County of San Francisco or regulations by the Chief of Police.

(2) That the operation as proposed by the applicant if permitted would not result in a density of more than one Encounter Studios, Massage Establishments, Adult Theaters or Adult Bookstores within an area of 500 square feet of the premises for which a permit is sought.

(3) That the applicant and any other person who will be directly engaged in the management and operation of an Encounter Studio has been convicted of any of the following offenses or convicted of an offense within, or without the State of California that would have constituted any of the following offenses if committed within the State of California:

(a) An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code;
(b) An offense involving the use of force and violence upon the person of another.
(c) An offense involving sexual misconduct with children;
(d) An offense as defined in Sections 311, 647(a), 647a, 647(b), 315, 316, 318 or 266 through 267 inclusive of the Penal Code of the State of California;
(e) The applicant has had revoked his license or permit issued by either the Alcoholic Beverage Control Commission of the State of California or the San Francisco Police Department.

(4) That the applicant or any other person who will be directly engaged in the management and operation of the Encounter Studio has had a permit or license to engage in a business or occupation granted by the State of California or the City and County of San Francisco revoked by the granting authority.

The Chief of Police shall issue a permit to any person convicted of any of the crimes described in Subsections (3a), (3b), (3c), (3d), or (3e) of this Section or subjected to a license or permit revocation as described in Subsection (4) of this Section if he finds that the termination of any disability resulting from such conviction or revocation occurred at least three years to the date of the application and the applicant has had no subsequent felony convictions of any nature, no subsequent misdemeanor convictions for crimes mentioned in this Section and no permit or license revocations as mentioned in Subsection (4) of this Section. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.14. APPLICATIONS BARRED FOR ONE YEAR.

Whenever any application is filed for a permit under this Article and said application has been denied by the Chief of Police, or a permit issued under this Article has been revoked, and no appeal has been taken to the Board of Permit Appeals or when any appeal from such denial or revocation has been taken to the Board of Permit Appeals and said Board has concurred in the judgment or order of denial or revocation, said application for said permit, or for a like permit for the same location or by the same applicant shall not be heard by the Chief of Police until the expiration of one year from the date of the previous denial or revocation of said permit or application and there shall be no appeal to said Board of Permit Appeals for failure or refusal to hear any such application or appeal within said one-year period. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.15. ISSUANCE OF EMPLOYEE PERMITS.

The Chief of Police shall issue a permit within 14 days following a hearing unless he finds that the applicant has had a permit or license to engage in a business or occupation granted by the State of California or the City and County of San Francisco revoked by the granting authority or that the applicant has been convicted of any of the following offenses or if convicted of an offense within or without the State which would have constituted any of the following offenses if committed within the State of California:

(a) An offense involving conduct which requires registration pursuant to Section 290 of the Penal Code.
(b) An offense involving the use of force and violence on the person of another.
(c) An offense involving sexual misconduct with children.
(d) An offense as defined in Sections 311, 647(a), 647a, 647(b), 315, 316, 318 or 266 through 267 inclusive of the Penal Code of the State of California.
(e) The applicant has had revoked his license or permit issued by either the Alcoholic Beverage Control Commission of the State of California or the San Francisco Police Department.

The Chief of Police shall issue a permit to any person subjected to a revocation as described in this Section or to any person convicted of any of the crimes enumerated in Subsections (a), (b), (c), (d), or (e) of this Section if he finds that the termination of any disability resulting from such conviction or revocation occurred at least three years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature, no subsequent misdemeanor convictions for crimes mentioned in this Section and no subsequent permit revocations mentioned in this Section. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.16. REVOCATION OR SUSPENSION OF PERMIT.

Any permit issued for an Encounter Studio or employee may be revoked or suspended by the Chief of Police after a hearing, in any case where any of the provisions of this Article or local or State law are violated or where any employee of the permittee has engaged in any conduct which violates any of the state or local laws or ordinances at permittee's place of business, or in any case where the permittee or licensee refuses to permit any duly authorized Police officer of the City and County of San Francisco to inspect the premises or the operations therein. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.17. EMPLOYMENT OF PERSONS UNDER THE AGE OF 18 PROHIBITED.

It shall be unlawful for any owner, proprietor, manager or other person in charge of any Encounter Studio to employ any person who is not at least 18 years of age. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.18. AGE OF CUSTOMER.

It shall be unlawful for any owner, proprietor, manager or other person in charge of an Encounter Studio to allow any person under the age of 18 years to patronize an Encounter Studio as a customer or patron. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.19. SALE OR TRANSFER.

Upon sale, transfer or relocation of an Encounter Studio, the permit and license therefor shall be null and void unless approved as provided in Section 1072.24 herein; provided, however, that upon the death or incapacity of the permittee the Encounter Studio may continue in business for a reasonable period of time to allow for an orderly transfer of the permit.

If the permittee is a corporation, a transfer of 25 percent of the stock ownership of the permittee will be deemed to be a sale or transfer and the permit and license therefor shall be null and void unless approved as provided in Section 1072.24 herein; provided, however, that the provision shall not apply to a permittee corporation, the stock of which is listed on a stock exchange in this state or in theCity of New York, State of New York, or which is required by law to file periodic reports with the Securities and Exchange Commission unless approved as provided in Section 1072.19 herein. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.20. NAME AND PLACE OF BUSINESS CHANGE OF LOCATION.

No person granted a permit pursuant to this Article shall operate under any name or conduct his business under any designation for any location not specified in his permit. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.21. DISPLAY OF PERMIT.

Every person to whom or for whom a permit to operate an Encounter Studio shall have been granted pursuant to the provisions of this Article shall display said permit in a conspicuous place within the Encounter Studio so that the same may be readily seen by persons entering the premises. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.22. INSPECTION.

The Police Department shall, from time to time and at least twice a year, make an inspection of each Encounter Studio in the City and County of San Francisco for the purposes of determining that the provisions of this Article are complied with. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.23. DAILY REGISTER.

Every person who engages in, conducts, or carries on the operation of an Encounter Studio shall keep a daily register, approved as to form by the Police Department, of the following information:

(a) The identification of all employees employed by such establishment, together with a duplicate of each of said employees' employee permit;

(b) The hours of employment of each employee for each day;

(c) The rooms, cubicles, booths, compartments or stalls assigned to or used by each employee for that day and the time at which each employee used or was assigned to each room, cubicle, booth, compartment or stall; and

(d) All patrons, with said patrons' true full names, residential street, city and state addresses and hours of arrival and the rooms, cubicles, booths, compartments or stalls used by each patron, if any.

Said daily register shall at all times during business hours be subject to inspection by the Police Department and by the Health Department and shall be kept on file for one year on the premises. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.24. PROHIBITED ACTIVITIES.

(Sec. A. 1, 2, 3 are Unconstitutional; US Supreme Court Rulings (all) nude dancing First Amendment protected activity, Circuit Rulings (all) same reason;

(A) No person, while acting as an entertainer in an Encounter Studio, shall:

(1) Expose his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or

(2) Expose or employ any device, costume or cover which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or

(3) Expose any portion of the female breast at or below the areola thereof; or

(4) Employ any device or covering which is intended to simulate such portion of the breast; or

(5) Touch a customer; or

(6) Permit a customer or patron to touch an entertainer; or

(7) Leave the encounter studio with or meet a customer or patron outside of said premises.

(B) No person who is a patron of an Encounter Studio shall place, or cause to be placed in the daily register false name, or residential street, city and state addresses. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.25. SOLICITATION OF TRADE.

No operator or employee of an Encounter Studio shall permit or allow or cause any person or employee to solicit trade on the public sidewalk or shall engage in such activity. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.26. LIGHTING.

Every Encounter Studio shall be lighted throughout to an intensity of at least 12 foot candles during all hours of operation. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.27. NOISE.

It shall be unlawful for any operator or employee of an Encounter Studio to make or continue, or cause, or permit to be made or continued, any vocal or instrumental music and related sounds, whether live or reproduced mechanically by radio, television, stereo or otherwise, so as to create any sound or noise which would cause the sound level (noise level) measured at any point within the Encounter Studio to exceed the sound level of 55 decibels, measured on the A-weighted scale as defined in the American National Standard S-1.4-1971. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.28. BOOTHS AND CUBICLES.

It shall be unlawful for any operator of an Encounter Studio to maintain or construct any booth, cubicle, room or rooms, compartment or stall that is so arranged that the entire interior portion of same is not visible from the exterior of the booth, cubicle, room or rooms, compartment or stall. No booth, cubicle, room, compartment or stall shall be so maintained or constructed so that the entrance to same may be blocked by a door or curtain or similar device. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.29. HOURS OF OPERATION.

Encounter Studios shall be operated only between the hours of 10:00 a.m., and 10:00 p.m., of the same day. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.30. SIGNS REGULATED. (Unconstitutional; US Supreme Court Rulings (all) nude dancing First Amendment protected activity, Circuit Rulings (all) same reason;

No sign or signs which, in whole or in part, advertise any Encounter Studio and which sign or signs use the words “nude,” “topless,” “bottomless,” “naked,” or words of like import in any language, or which, either expressly or by implication, indicate that any act which is prohibited by this Article or by state or local law is available or performed in said Encounter Studio, shall be maintained, erected, used or placed in upon or adjacent to the outside or inside of any building where it is visible from public streets or from adjacent buildings and premises, the purposes of which sign is intended to attract, lure or entice customers. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.31. SIGNS; CONTINUED.

No operator of an Encounter Studio shall permit, or cause to be permitted, any sign to be posted on the premises which depicts, describes or relates to “Specified Sexual Activities” or “Specified Anatomical Areas” as defined herein. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.32. SIGNS REQUIRED.

(a) Each operator of an Encounter Studio shall post and display signs in a conspicuous place, one inside and one outside the Encounter Studio which lists the services provided by said studio and the fee or charge for each such service;

(b) Each operator of an Encounter Studio shall post and display signs in a conspicuous place, one inside and one outside the Encounter Studio which read as follows: “THIS ENCOUNTER STUDIO IS REGULATED BY THE CITY AND COUNTY OF SAN FRANCISCO. UPON ENTRY, ALL PATRONS MUST SIGN A REGISTER, GIVING THEIR TRUE NAME AND ADDRESS. THE SIGNING OF A FALSE NAME AND/OR GIVING A FALSE ADDRESS WILL BE DEEMED A MISDEMEANOR. ENTERTAINERS ARE: (1) NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT; (2) NOT PERMITTED TO REMOVE THEIR CLOTHING; (3) NOT PERMITTED TO EXPOSE BREASTS OR GENITAL AREAS; (4) NOT PERMITTED TO TOUCH OR BE TOUCHED BY CUSTOMERS; (5) NOT PERMITTED TO LEAVE WITH OR MEET A CUSTOMER OFF THE PREMISES.”

(c) The signs described above must be printed in upper case block letters no less than one inch in height and 1/4 inch in width. Each such sign shall state the required information in English, Spanish, Chinese and Japanese. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.33. ENTERTAINMENT, VISIBILITY FROM THE STREET.

No operator of an Encounter Studio shall permit or cause to be permitted or allow any entertainment as defined in this Article in such a manner that said entertainment would be visible at any time from the street, sidewalk or highway. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.34. ADVERTISING.

No operator of an Encounter Studio shall place or cause to be placed or distribute or cause to be distributed any advertising brochures, pamphlets, handbills, posters, announcements, or the like, that depict the human form or portions thereof, or contain such wording in such a manner that such depictions of the human form or portions thereof or words would violate Section 1072.25 of this Article if such pictorial representation were on a sign upon or adjacent to an Encounter Studio. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.35. LOCKED DOORS.

No operator of an Encounter Studio shall lock or otherwise bar the entrance door to the Encounter Studio through which customers or patrons are customarily admitted during the hours of operation. If there is more than one door through which customers or patrons are customarily admitted, only one such door need remain in an unlocked condition during the hours of operation.

Nothing in this Section shall be construed to relieve the owner, manager, proprietor or person in charge of an Encounter Studio from compliance with the several sections of Part II, Chapter IV of the San Francisco Municipal Code (Fire Code). (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.36. COUNSELING OR ASSISTING.

No person shall permit, counsel or assist any other person in the violation of any provision of this Article. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.37. EXEMPTIONS.

The provisions of Section 1072.2 relating to requirement for a permit shall not apply to an Encounter Studio operated by any public agency or by any educational or social agency, or any bona fide charitable organization as defined in Section 1072.1(f) herein. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.38. EXEMPTIONS CONTINUED.

This Article shall not apply to any of the following who hold current, unrevoked licenses or certificates from the State of California:

(a) Physicians as defined in Section 4033 of the Business and Professions Code;

(b) Drugless Practitioners as defined in Section 2138 of the Business and Professions Code;

(c) Psychiatric Technicians as defined in Section 4502 of the Business and Professions Code;

(d) Psychologist as defined in Section 2903 of the Business and Professions Code; or

(e) Persons working under the immediate control and direction of persons specified in Subsections (a), (b), (c) or (d) of this Section. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.39. EXEMPTIONS CONTINUED.

This Article shall not apply to:

(a) A theater, concert hall, or similar establishment which is primarily devoted to theatrical performances;

(b) Any act authorized or prohibited by any state statute;

(c) Entertainment as defined in Section 1060(e), Article 15.1 of this Code, and as regulated by Section 1060.9.1 of said Code. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.40. LICENSE FEES.

Every permittee who conducts or assists in conducting or permitting any Encounter Studio as defined herein shall pay to the Tax Collector an annual license fee payable in advance. The license fee prescribed in this Section is due and payable on a calendar year basis starting 45 days after the effective date of this Article prorated with regard to the calendar year on a monthly basis. Fees for new licenses issued after the first day of January, 1974 or in any subsequent calendar year shall be prorated with regard to the calendar year on a monthly basis. (Amended by Ord. 555-81, App. 11/12/81)

SEC. 1072.40-1. EMPLOYEE LICENSE.

Every person engaged as an employee of an Encounter Studio who requires a permit from the Police Department pursuant to the provisions of Section 1072.3 of this Article shall pay an annual license fee. (Added by Ord. 555-81, App. 11/12/81)

SEC. 1072.41. TRANSFER OR ASSIGNMENT OF PERMIT.

No permit shall be transferable or assignable except with the written consent of the Chief of Police. An application for such a transfer shall be in writing and shall be accompanied by the same filing fee as for an initial application. The written application for such transfer shall contain the same information as requested herein for initial application for such a permit. (Amended by Ord. 555-81, App. 11/12/81)

SEC. 1072.42. PENALTY, MISDEMEANOR OR INFRACTION.

Any person who violates any provisions of this Article shall be deemed guilty of a misdemeanor or an infraction.

(a) If charged as an infraction the penalty, upon conviction of such person, shall be by a fine not exceeding $500;

(b) If charged as a misdemeanor the penalty, upon conviction of such person, shall be by imprisonment in the County Jail for a period not to exceed six months or by a fine not exceeding $1,000, or by both such fine and imprisonment;

(c) The complaint charging such violation shall specify whether the violation charged is a misdemeanor or an infraction. Such charging decisions shall be at the sole discretion of the District Attorney;

(d) Nothing herein shall prohibit the District Attorney from exercising the sole discretion vested in him by law to charge an operator, employee, or any other person associated with an Encounter Studio with violating this or any other local or state law. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.43. PENALTY LIMITED SUSPENSION OR REVOCATION.

Any permit issued under the terms of this Article may be suspended for a period of 30 days by the Chief of Police if the Chief of Police deems after a noticed hearing, that violation of the regulations or any provisions of the Municipal Code has occurred. A permit may be revoked for such violations as set forth in Section 1072.16, above. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.44. TIME LIMIT FOR OBTAINING PERMIT.

All premises required to obtain a permit and license pursuant to this Article must obtain a permit within 45 days of the effective date of this Article; failure to do so shall make continued operation of said Encounter Studio a violation of Section 1072.42 hereof. Permits must be obtained from the Police Department as Sections 1072.2, 1072.3, 1072.4, 1072.5, and 1072.6 provide. (Added by Ord. 241-77, App. 6/17/77)

SEC. 1072.45. SEVERABILITY.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Article, or application thereof to any person or circumstances, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article or any part thereof. The Board of Supervisors hereby declares that it would have passed such section,subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. (Added by Ord. 241-77, App. 6/17/77)

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Last updated 12.7.2014