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15.5 Nude Models in Public Photography Studios

SEC. 1073.1. DEFINITION.

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

(a) Theater. A building, playhouse, room, hall or other place having a permanent stage upon which movable scenery is or may be placed and upon whichtheatrical or vaudeville or similar performances are given, with permanently affixed 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 performances.

(b) Public Photography Studio. An establishment to which patrons or members are invited or allowed to photograph or purportedly photograph or graphically reproduce in any manner persons or models.

(c) Entertainment. Any act, play, review, pantomime, scene, dance act, song, song and dance act, poetry recitation, reading, style show or modeling for photographing or graphic reproduction by any means whatsoever within a public photography studio as defined herein.

(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 a Public Photography 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 civic 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 is any person who performs any act enumerated in Section 1073.1(c) of this Article for any compensation whatsoever.

(h) Employee. Any and all persons who render any service whatsoever to the patrons or customers of a Public Photography Studio and who receive compensation for such service. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.2. PERMIT REQUIRED.

It shall be unlawful for any person to engage in, conduct or carry on, or permit to be engaged in, conducted or carried on in any premises in the City and County of San Francisco, the operation of a Public Photography Studio as defined herein, without first obtaining a permit from the Police Department. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.2.1. EMPLOYEE PERMIT REQUIRED.

It shall be unlawful for any person, as defined in Section 1073.1(h), to perform any service for a customer of a Public Photography Studio without first securing a permit from the Chief of Police. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.3. FILING AND FEE PROVISION.

Every applicant desiring a permit to maintain, operate or conduct a Public Photography 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. (Amended by Ord. 555-81, App. 11/12/81)

SEC. 1073.3.1. EMPLOYEE PERMIT — APPLICATION TO CHIEF OF POLICE.

Every applicant for an Employee Permit for a Public Photography 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. 1073.4. APPLICATION FOR PUBLIC PHOTOGRAPHY STUDIO.

The application for a permit to operate a Public Photography 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) Two portrait photographs at least 2" by 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) Such other identification and information necessary to discover the truth and the matters hereinbefore specified as required to be set forth in the application.

(h) Nothing contained herein shall be construed to deny to the Chief of Police the right to take 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 the height and weight of the applicant.

(i) 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 of the corporation. If the applicant is a partnership, the applicant shall set forth the name and residence address 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. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.4.1. APPLICATION FOR EMPLOYEE OF A PUBLIC PHOTOGRAPHY STUDIO.

The employee of a Public Photography Studio filing for a permit shall furnish the following information:

(a) Name.
(b) Residence address.
(c) Public Photography 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) Two portrait photographs 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) 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 the height and weight of the applicant. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.5. CORPORATE APPLICANTS: EXEMPTION.

The provisions of Section 1073.4(a), (b), (c), (d), (e) and (f) entitled “Application for Public Photography Studio” relating to requirements 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. 428-74, App. 9/5/74)

SEC. 1073.6. 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 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, 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. 428-74, App. 9/5/79)

SEC. 1073.7. VERIFICATION OF APPLICATION.

Every application for a permit under this Article shall be verified as provided in the California Code of Civil Procedure for the verification of pleadings. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.8. 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 Public Photography 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. 428-74, App. 9/5/74)

SEC. 1073.9. REFERRAL OF APPLICATION TO OTHER DEPARTMENTS.

The Chief of Police, upon receiving an application for a Public Photography 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 a Public Photography Studio and shall make written recommendations to the Chief of Police concerning compliance with the codes that they administer. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.10. ISSUANCE OF PERMIT FOR A PUBLIC PHOTOGRAPHY STUDIO.

The Chief of Police may issue a permit within 14 days following a hearing if all requirements for a Public Photography Studio described in this Article are met and may issue a permit to all persons who apply to perform Public Photography 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 Codes of the City and County of San Francisco or regulations adopted by the Chief of Police.

(2) That the applicant and any other person who will be directly engaged in the management and operation of a Public Photography Studio has been convicted of any of the following offenses or convicted of an offense 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 that amounts to a felony;

(c) An offense involving sexual misconduct with children;

(d) An offense as defined in Sections 311, 647(a), 647a, 647b, 315, 316 or 318 of the Penal Code of the State of California.

The Chief of Police may refuse to issue any permit if it shall appear that the character of the business is not a proper or suitable place in which to conduct or maintain such business or calling or the applicant requesting such permit does not warrant the issuance thereof.

The Chief of Police may issue a permit to any person convicted of any of the crimes described in Subsections (a), (b), (c) or (d) of this Section if he finds that such conviction occurred at least five years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for crimes mentioned in this Section. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.10.1. ISSUANCE OF EMPLOYEE PERMIT.

The Chief of Police may issue a permit within 14 days following a hearing unless he finds that the applicant has been convicted of any of the following offenses or if convicted of an offense 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 on the person of another that amounts to a felony.

(c) An offense involving sexual misconduct with children.

(d) An offense as defined in Section 311, 647(a), 647a, 647b, 315, 316 or 318 of the Penal Code of the State of California.

The Chief of Police may refuse to issue any permit if it shall appear that the character of the applicant does not warrant the issuance thereof.

The Chief of Police may issue a permit to any person convicted of any of the crimes enumerated in Subsections (a), (b), (c), or (d) of this Section if he finds that such conviction occurred at least five years prior to the date of the application and the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for crimes mentioned in this Section. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.11. REVOCATION OR SUSPENSION OF PERMIT.

Any permit issued for a Public Photography Studio or employee may be revoked or suspended by the Chief of Police, after a hearing, for good cause, or in any case where any of the provisions of this Article are violated or where any employee of the permittee is engaged in any conduct which violates any of the state or local laws or ordinances at permittee's place of business and the permittee has actual or constructive knowledge of such violations, 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. 428-74, App. 9/5/74)

SEC. 1073.12. EMPLOYMENT OF PERSONS UNDER THE AGE OF EIGHTEEN PROHIBITED.

It shall be unlawful for any owner, proprietor, manager or other person in charge of any Public Photography Studio to employ any person who is not at least 18 years of age. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.13. SALE OR TRANSFER.

Upon sale, transfer or relocation of a Public Photography Studio, the permit and license therefor shall be null and void unless approved as provided in Section 1073.18 herein; provided, however, that upon the death or incapacity of the permittee the Public Photography 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 1073.18 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 in Section 1073.18 herein. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.14. 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. 428-74, App. 9/5/74)

SEC. 1073.15. DISPLAY OF PERMIT.

Every person to whom or for whom a permit shall have been granted pursuant to the provisions of this article shall display said permit in a conspicuous place within the Public Photography Studio so that the same may be readily seen by persons entering the premises. (Added by Ord. 428- 74, App. 9/5/74)

SEC. 1073.16. INSPECTION.

The Police Department shall, from time to time and at least twice a year, make an inspection of each Public Photography 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. 428-74, App. 9/5/74)

SEC. 1073.17. LICENSE FEES.

Every permittee who conducts or assists in conducting or permitting any Public Photography 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, 1975, 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. 1073.17.1. EMPLOYEE LICENSE.

Every person engaged as an employee of a public photography studio who requires a permit from the Police Department pursuant to the provisions of Section 1073.2.1 of this Article shall pay an annual license fee. (Added by Ord. 555-81, App. 11/12/81)

SEC. 1073.18. TRANSFER OF PERMIT.

No permit shall be transferable 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. 1073.19. PROHIBITION.

Every person is guilty of a misdemeanor who, while acting as an entertainer in a Public Photography Studio as defined herein:

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

(b) Exposes or employs 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

(c) Exposes any portion of the female breast at or below the areola thereof; or

(d) Employs any device or covering which is intended to simulate such portion of the breast. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.20. SOLICITATION OF TRADE.

No operator or employee of a Public Photography Studio shall permit or allow or cause any person or employee to solicit trade on the public sidewalk at or near the entrance to the Public Photography Studio or shall engage in such activity. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.21. LIGHTING.

Every Public Photography Studio shall be lighted throughout to an intensity of at least 12 foot candles during all hours of operation. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.22. BOOTHS AND CUBICLES.

It shall be unlawful for any operator of a Public Photography 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. 428-74, App. 9/5/74)

SEC. 1073.23. EMPLOYMENT OR PAYMENT NOT NECESSARY FOR OFFENSE.

A person shall be deemed to be an entertainer if such person acts in that capacity without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.24. SIGNS REGULATED.

No sign or signs which, in whole or in part, advertise any Public Photography Studio and which sign or signs use the words “nude”, “topless”, “bottomless”, “naked”, or words of like import, shall be maintained, erected, used or placed upon or adjacent to the outside of any building where it is visible from public streets or from adjacent buildings and premises, the purpose of which sign is intended to attract, lure or entice customers. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.25. SIGNS CONTINUED.

No sign or signs, paintings, photographs, pictorial representations, or any other visual means shall be maintained, erected, used or placed upon or adjacent to the outside of any building, or in connection with any premises therein, if it shows, reveals or depicts, in whole or in part, the following:

(1) The actual or simulated displaying of the pubic hair, anus, vagina, penis, vulva, buttocks, or any other genitalia of the human body;

(2) Any portion of the nude female breast below the top of the areola. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.26. VISIBILITY FROM THE STREET.

No operator of a Public Photography 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. 428-74, App. 9/5/74)

SEC. 1073.27. ADVERTISING.

No operator of a Public Photography 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 1073.19 of this Article if such pictorial representation were on a sign upon or adjacent to a Public Photography Studio. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.28. COUNSELING OR ASSISTING.

Every person is guilty of a misdemeanor who permits, counsels or assists any person to violate any provision of this Article. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.29. EXEMPTIONS.

The provisions of Section 1073.2 relating to requirement for a permit shall not apply to a Public Photography Studio operated by any public agency or by any educational or social agency, or any bona fide charitable organization as defined in Section 1073.1(f) herein. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.30. EXEMPTIONS CONTINUED.

This Article shall not apply to any of the following:

(a) A school or institute approved by the Superintendent of Public Instruction pursuant to the provisions of Section 29007.5 of the Education Code of the State of California.

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

(c) Any act authorized or prohibited by state statute.

(d) Entertainment as defined in Section 1060(e) of Article 15.1 of this Code and as regulated by Section 1060.9.1 of said Code. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.31. PENALTY.

A violation of this article is punishable by a fine not exceeding $500 or by imprisonment in the County Jail for not exceeding six months, or by both such fine and imprisonment. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.32. 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 so to do shall make continued operation of said Public Photography Studio a violation of Section 1073.31 hereof. Permits must be obtained from the Police Department as Sections 1073.2, 1073.3 and 1073.4 hereof provide. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.33. LIMITED SUSPENSION.

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 the noticed hearing that violation of the regulations or any provision of the Municipal Code has occurred. (Added by Ord. 428-74, App. 9/5/74)

SEC. 1073.34. 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 each 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. 428-74, App. 9/5/74)

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