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(1) Required.

a. It is unlawful for any person to be a sexually oriented business employee without first acquiring a police I.D. card pursuant to the requirements of this Chapter.

b. Police I.D. cards are also referred to in this and other sections of the West Valley City Code as a “work card.”

c. Each day of noncompliance shall constitute a separate violation.

(2) Procedure for Obtaining a Police I.D. Card.

a. Prior to performing or providing services as an employee for a sexually oriented business, the applicant shall submit a signed police I.D. card application to the Police Department along with the police I.D. fee, as set forth in the Consolidated Fee Schedule. The applicant shall submit to being photographed and fingerprinted.

b. All applicants shall furnish satisfactory proof of his or her age. Proof of age is satisfactory if the applicant’s age is verified by an official birth certificate, or any other official, government-issued document, such as a driver’s license or marriage certificate.

c. In addition to grounds for denial of police I.D. cards, the West Valley City Police Department may deny an I.D. card if the applicant has been convicted of prostitution, which includes any other crime listed in Section 76-10-13 Utah Code Annotated 1953; lewdness; conspiracy, fraud or obtaining money under false pretenses; or has worked as a sexually oriented escort or operated a sexually oriented escort service. The conviction of any of the above crimes or an act of sexual conduct or solicitation for such act by a holder of a work card may be grounds for suspension or revocation of a sexually oriented business license or work card by the City.

d. All sexually oriented businesses listed in this Title shall keep a current list of all employees at the licensed business location. Said list shall be available during all business hours for inspection by the Director, any authorized representative of the Director, and agents of the West Valley City Police Department.

e. The West Valley City Police Department may issue a 90-day temporary police I.D. card pending complete investigation, if available evidence does not support the immediate granting or denial of a permanent card. No person required to obtain a police I.D. card pursuant to this Chapter shall be licensed or work as an employee of a sexually oriented business, including the categories specified in this Chapter, without either a temporary or permanent work card. The temporary work card may be extended only once without the consent of the License Hearing Board.

(3) Cards Required.

a. All sexually oriented business employees shall have in their possession a valid police I.D. card, which card is not transferrable. Sexually oriented business employees must not commence work in or for any sexually oriented business prior to receiving said card, or a temporary card, based on the application required in this Section. A receipt for payment of the police I.D. fee required by this Section shall not constitute a valid police I.D. card.

(4) Duty to Display Card on Request.

a. Should a police I.D. card be granted, the grantee shall carry the card in his or her possession, and any authorized official shall have the right to inspect the police I.D. card. The police I.D. card shall contain the name, address, and date of birth of the employee.

(5) Grounds for Denial, Suspension, or Revocation of an Employee Police I.D. Card or a Business License. In addition to the reasons set forth in this Title, the City may deny, suspend or revoke a police I.D. card if the sexually oriented business employee:

a. Has violated any provision of this Title;

b. Is under 18 years of age;

c. Has falsely answered a material question or request for information as authorized by this Chapter or included in the application for a police I.D. card;

d. Has violated a provision of this Chapter or similar provisions found in statutes or ordinances from any jurisdiction within two years immediately preceding the application for a police I.D. card;

i. A criminal conviction for a violation of a provision of this Chapter or similar provisions from any jurisdiction, whether or not it is being appealed, is conclusive evidence of a violation.

ii. A conviction is not necessary to prove a violation of this Chapter or similar provisions from any jurisdiction.

e. Has not paid the required license fees;

f. Has been convicted or pled nolo contendere to a crime;

i. Involving prostitution; exploitation of prostitution; aggravated promotion of prostitution; aggravated exploitation of prostitution; solicitation of sex acts; sex acts for hire; compelling prostitution; aiding prostitution; sale, distribution, or display of material harmful to minors; sexual performance by minors; possession of child pornography; lewdness; indecent exposure; any crime involving sexual abuse or exploitation of a child; sexual assault or aggravated sexual assault; rape; forcible sodomy; forcible sexual abuse; incest; harboring a runaway child; criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses or offenses involving similar elements from any jurisdiction, regardless of the exact title of the offense for which:

1. Less than five years have elapsed from the date of conviction, if the conviction is of a misdemeanor offense, or less than seven years if the convictions are of two or more misdemeanors within the seven years, or

2. Less than 10 years have elapsed from the date of conviction, if the offense is of a felony.

ii. The fact that a conviction is being appealed shall have no effect on the disqualification pursuant to this Section.

g. Has procured, attempted to procure, or agreed to procure, for any person:

i. A controlled substance, as defined in Section 58-37-1 et seq., Utah Code Annotated 1953 as amended; or

ii. Another person for the purpose of sexual intercourse or any other sexual conduct.

h. If an employee has attempted to solicit or has solicited a patron to consume alcoholic beverages;

i. Has utilized his or her license for the purpose of obtaining credit or as identification for cashing checks.

(Ord. No. 18-24 Enacted 06/19/2018)