[Code 1992, § 12.19(1)]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
An establishment having as its stock-in-trade for sale, rent,
lease, inspection or viewing books, films, video cassettes, magazines
or other periodicals which are distinguished or characterized by their
emphasis on matters depicting, describing or relating to specific
sexual activities or specified anatomical areas and, in conjunction
therewith, have facilities for the presentation of adult entertainment,
including adult-oriented films, movies or live performances, for observation
by patrons therein.
A cabaret which features topless dancers, strippers, male
or female impersonators or similar entertainers.
Any exhibition of any motion picture, live performance, display
or dance of any type which has as its dominant theme or is distinguished
or characterized by an emphasis on any actual or simulated specified
sexual activities or specified anatomical areas or the removal of
articles of clothing or appearing partially or totally nude.
An enclosed building with a capacity of less than 50 persons
used for presenting material having as its dominant theme or distinguished
or characterized by an emphasis on matters depicting, describing or
relating to specified sexual activities or specified anatomical areas
for observation by patrons therein.
An enclosed building with a capacity of 50 or more persons
used for presenting material having as its dominant theme or distinguished
or characterized by an emphasis on matters depicting, describing or
relating to specified sexual activities or specified anatomical areas
for observation by patrons therein.
But is not limited to, adult bookstores, adult motion-picture
theaters, adult mini motion-picture establishments or adult cabaret
and further means any premises to which public patrons or members
are invited or admitted and which are so physically arranged so as
to provide booths, cubicles, rooms, compartments or stalls separate
from the common areas of the premises for the purposes of viewing
adult-oriented motion pictures or wherein an entertainer provides
adult entertainment and such establishment is held, conducted, operated
or maintained for a profit, direct or indirect.
Any person, partnership or corporation operating, conducting,
maintaining or owning any adult-oriented establishment.
As follows:
Simulated or actual:
[Code 1992, § 12.19(9)]
Any adult-oriented establishment having available for customers,
patrons or members any booth, room or cubicle for the private viewing
of any adult entertainment must comply with the following requirements:
(1)
Access. Each booth, room or cubicle shall be totally accessible to
and from aisles and public areas of the adult-oriented establishment
and shall be unobstructed by any door, lock or other control type
devices.
(2)
Construction. Every booth, room or cubicle shall meet the following
construction requirements:
a.
Each booth, room or cubicle shall be separated from adjacent booths,
rooms and cubicles and any nonpublic areas by a wall.
b.
Have at least one side totally open to a public lighted aisle so
that there is an unobstructed view at all times of anyone occupying
the booth, room or cubicle.
c.
All walls shall be solid and without any openings, extended from
the floor to a height of not less than six feet and be light colored,
nonabsorbent, smooth textured and easily cleanable.
d.
The floor must be light colored, nonabsorbent, smooth textured and
easily cleanable.
e.
The lighting level of each booth, room or cubicle when not in use
shall be a minimum of 10 footcandles at all times, as measured from
the floor.
(3)
Occupants. Only one individual shall occupy a booth, room or cubicle
at any time. No occupant of the same shall engage in any type of sexual
activity, cause any bodily discharge or litter while in the booth.
No individual shall damage or deface any portion of the booth.
[Code 1992, § 12.19(10)]
(a)
Every act or omission by an employee constituting a violation of
the provisions of this article shall be deemed the act or omission
of the operator if such act or omission occurs, either with the authorization,
knowledge or approval of the operator or as a result of the operator's
negligent failure to supervise the employee's conduct, and the
operator shall be punishable for such act or omission in the same
manner as if the operator committed the act or caused the omission.
(b)
Any act or omission of any employee constituting a violation of the
provisions of this article shall be deemed the act or omission of
the operator for purposes of determining whether the operator's
license shall be revoked, suspended or renewed.
(c)
No employee of an adult-oriented establishment shall allow any minor
to loiter around or to frequent an adult-oriented establishment or
allow any minor to view adult entertainment.
(d)
The operator shall maintain the premises in a clean and sanitary
manner at all times.
(e)
The operator shall maintain at least 10 footcandles of light in the
public portions of the establishment, including aisles, at all times.
However, if a lesser level of illumination in the aisles shall be
necessary to enable a patron to view the adult entertainment in a
booth, room or cubicle adjoining an aisle, a lesser amount of illumination
may be maintained in such aisles; provided, however, that at no time
shall there be less than one footcandle of illumination in such aisles,
as measured from the floor.
(f)
The operator shall ensure compliance of the establishment and its
patrons with the provisions of this article.
[Code 1992, § 12.19(2)]
(a)
Required. Except as provided in Subsection (d) of this section, from and after the effective date of the ordinance from which this section is derived, no adult-oriented establishment shall be operated or maintained in the City without first obtaining a license to operate issued by the City.
(b)
Limited to one establishment. A license may be issued only for one
adult-oriented establishment located at a fixed and certain place.
Any person who desires to operate more than one adult-oriented establishment
must have a license for each.
(c)
Transferal. No license or interest in a license may be transferred
to any person.
(d)
Application deadline. All adult-oriented establishments existing
at the time of the passage of the ordinance from which this section
is derived must submit an application for a license within 90 days
of the passage of the ordinance from which this section is derived.
If an application is not received within such ninety-day period, then
such existing adult-oriented establishment shall cease operations.
[Code 1992, § 12.19(3)]
(a)
Filing; distribution. Any person desiring to secure a license shall
make application to the City Clerk. The application shall be filed
in triplicate with and dated by the City Clerk. A copy of the application
shall be distributed promptly by the City Clerk to the City Police
Department and to the applicant.
(b)
Form; contents; oath. The application for a license shall be upon
a form provided by the City Clerk. An applicant for a license interested
directly in the ownership or operation of the business shall furnish
the following information under oath:
(1)
Name and address.
(2)
Written proof that the individual is at least 18 years of age.
(3)
The address of the adult-oriented establishment to be operated
by the applicant.
(4)
If the applicant is a corporation, the applicant shall specify
the name of the corporation, the date and state of incorporation,
the name and address of the registered agent, the name and address
of all shareholders owning more than 5% of the stock in such corporation
and all officers and directors of the corporation.
(c)
Notification of applicant of grant or denial. Within 21 days of receiving
an application for a license, the City Clerk shall notify the applicant
whether the application is granted or denied.
(d)
Denial; hearing. Whenever an application is denied, the City Clerk
shall advise the applicant in writing of the reasons for such action.
If the applicant requests a hearing within 10 days of receipt of notification
of denial, a public hearing shall be held within 10 days thereafter
before the Council as provided in this section.
(e)
Grounds for denial. Failure or refusal of the applicant to give any
information relevant to the investigation of the application, his
refusal or failure to appear at any reasonable time and place for
examination under oath regarding such application or his refusal to
submit to or cooperate with any investigation required by this article
shall constitute an admission by the applicant that he is ineligible
for such license and shall be grounds for denial thereof by the City
Clerk.
[Code 1992, § 12.19(4)(a)]
To receive a license to operate an adult-oriented establishment,
an applicant must meet the following standards:
(2)
If the applicant is a corporation, all officers, directors and stockholders
required to be named under Subsection (3)b of this section shall not
have been found to have previously violated this article within five
years immediately preceding the date of the application.
(3)
If the applicant is a partnership, joint venture or any other type
of organization where two or more persons have a financial interest:
a.
All persons having a financial interest in the partnership, joint
venture or other type of organization shall be at least 18 years of
age.
b.
No person having a financial interest in the partnership, joint venture
or other type of organization shall have been found to have violated
any provision of this article within five years immediately preceding
the date of the application.
[Code 1992, § 12.19(5)]
A license fee, as provided in Section 18-56 shall be submitted with the application for a license. If the application is denied, 1/2 of the fee shall be returned.
[Code 1992, § 12.19(6)]
The license shall be displayed in a conspicuous public place
in the adult-oriented establishment
[Code 1992, § 12.19(7)]
(a)
Every license issued pursuant to this article will terminate at the
expiration of one year from the date of issuance, unless sooner revoked,
and must be renewed before operation is allowed in the following year.
Any operator desiring to renew a license shall make application to
the City Clerk. The application for renewal must be filed not later
than 60 days before the license expires. The application for renewal
shall be filed in triplicate with and dated by the City Clerk. A copy
of the application for renewal shall be distributed promptly by the
City Clerk to the City Police Department and to the operator. The
application for renewal shall be upon a form provided by the City
Clerk and shall contain such information and data, given under oath
or affirmation, as is required for an application for a new license.
(b)
A license renewal fee as provided in Section 18-56 shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty as provided in Section 18-56 shall be assessed against the applicant who files for a renewal less than 60 days before the license expires. If the application is denied, 1/2 of the total fees collected shall be returned.
(c)
If the City Police Department is aware of any information bearing
on the operator's qualifications, that information shall be filed
in writing with the City Clerk.
[Code 1992, § 12.19(8)]
(a)
The Council shall revoke a license or permit for any of the following
reasons:
(1)
Discovery that false or misleading information or data was given
on any application or material facts were omitted from any application.
(2)
The operator or any employee of the operator violates any provision
of this article or any rule or regulation adopted by the Council pursuant
to this article; provided, however, that in the case of a first offense
by an operator where the conduct was solely that of an employee, the
penalty shall not exceed a suspension of 30 days if the Council shall
find that the operator had no actual or constructive knowledge of
such violation and could not by the exercise of due diligence have
had such actual or constructive knowledge.
(3)
The operator becomes ineligible to obtain a license or permit.
(4)
Any cost or fee required to be paid by this article is not paid.
(5)
Any intoxicating liquor or cereal malt beverage is served or
consumed on the premises of the adult-oriented establishment.
(b)
The Council, before revoking or suspending any license or permit,
shall give the operator at least 10 days' written notice of the
charges against him and the opportunity for a public hearing before
the Council as provided in this section.
(c)
The transfer of a license or any interest in a license shall automatically
and immediately revoke the license.
(d)
Any operator whose license is revoked shall not be eligible to receive
a license for one year from the date of revocation. No location or
premises for which a license has been issued shall be used as an adult-oriented
establishment for six months from the date of revocation of the license.
