A.
Except as provided in § 185-11C, from and after the effective date of the ordinance from which this chapter is derived, 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 or upon any premises in the Town, the operation of an adult-oriented business without first obtaining a license to operate from the Town.
B.
A license may be issued for only one adult-oriented business located
at a fixed and certain place. Any person who desires to operate more
than one adult-oriented business must have a license for each such
business.
C.
It shall be a violation of this chapter for any owner, operator,
entertainer or employee to knowingly work in or about, or to knowingly
perform any service directly related to, the operation of any unlicensed
adult-oriented business.
D.
Each license shall be specific to a licensee and to a location and
may not be sold, assigned or transferred to any other person or location
in any way, including, but not limited to:
(1)
The sale, lease or sublease of the business;
(2)
The transfer of shares, securities or interests that constitute a
controlling interest in the business, whether by sale, exchange or
similar means; or
(3)
The establishment of a trust, gift or other similar legal devise
that transfers ownership or control of the business, except for a
transfer by bequest or other operation of law upon the death of the
licensee or a person possessing the ownership or control of the licensee.
A.
The operator of each adult-oriented business shall submit an application
to the Town Clerk together with an application fee of $500 prior to
the commencement of business or within 60 days of the effective date
of the ordinance from which this chapter is derived for any establishment
already open for business. The Town Clerk shall date stamp the application
and shall promptly deliver the application to the Town Manager. The
application shall be made upon a form prepared by the Town Manager
and disseminated by the Town Clerk.
B.
The application shall be signed and filed by a person having direct
control or management of the proposed adult-oriented business. In
instances where the applicant is a partnership, limited-liability
company or corporation, the application shall be signed and filed
by a duly authorized partner, member, manager, officer, director,
or majority shareholder of such entity, as the case may be. The application
shall be sworn to be true and correct by the applicant.
C.
The applicant for a license shall furnish the following information:
(1)
Name and business and residence address of the applicant, owner,
operator, manager and any other person having direct control or management
of the adult-oriented business, including all fictitious names. If
the applicant is a partnership, the names of all general partners.
If the applicant is a limited-liability company, the names of all
members and managers of such company. If the applicant is a corporation,
the names of all officers, directors and shareholders holding a 10%
or greater interest in the total number of shares of such corporation.
(2)
Name and business and residence address of the spouse of each individual named in Subsection C(1) of this section.
(3)
Name and address of all employees and any other persons directly
involved in the operation of the adult-oriented business, including
all fictitious names, as such parties currently exist as well as over
the preceding twelve-month period.
(4)
Written proof that the applicant is at least 18 years of age.
(5)
A recent photograph of the applicant.
(6)
The applicant's driver's license number and social security
number or federal employer identification number.
(7)
If the applicant is:
(a)
A partnership, the application shall be accompanied by the partnership
agreement, if any;
(b)
A limited partnership, the application shall specify the name
of the partnership, the date and state of the filing of its certificate
of limited partnership, and the name and address of its statutory
agent for service of process, and shall be accompanied by a copy of
the partnership agreement, if any, and by evidence that such partnership
is in good standing under the laws of the state;
(c)
A limited-liability company, the application shall specify the
name of the company, the date and state of the filing of its articles
of organization, and the name and address of its statutory agent for
service of process, and shall be accompanied by a copy of the operating
agreement, if any, and by evidence that such company is in good standing
under the laws of the state;
(d)
A corporation, the application shall specify the name of the
corporation, the date and state of incorporation, and the name and
address of its statutory agent for service of process, and shall be
accompanied by a copy of its bylaws, if any, and by evidence that
such corporation is in good standing under the laws of the state;
(e)
Operating under a fictitious name, the application shall be
accompanied by a copy of the applicant's recorded trade name
certificate.
(8)
The applicant's adult-oriented business or adult entertainment
license or permit history, which shall include, but not be limited
to, whether such person is currently licensed or has previously operated
in this or another municipality or state under license; the names
and locations of such businesses; whether the applicant has had such
license suspended or revoked; the dates of and reasons for such suspension
or revocation; and the business entity or trade name under which the
applicant operated that was subject to the suspension or revocation.
Such history shall include any entity of which the applicant was a
partner, member, officer, director or shareholder.
(9)
Any criminal convictions of the applicant, operator, employees and
other persons directly involved in the management or control of the
adult-oriented business for any crime involving moral turpitude, prostitution,
obscenity or other sex-related crimes in any jurisdiction within 10
years of the date of the filing of the application. Such crimes include,
but are not limited to, obscenity, child pornography, prostitution,
patronizing a prostitute, promoting or permitting prostitution and
sexual assault, in the state, being C.G.S. §§ 53a-194,
53a-196, 53a-196a, and 53a-196b (obscenity); 53a-196c and 53a-196d
(child pornography); 53a-82, 53a-83 and 53a-83a (prostitution, patronizing
a prostitute, and patronizing a prostitute from a motor vehicle);
53a-86, 53a-87, 53a-88 and 53a-89 (promoting or permitting prostitution);
and 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b and 53a-73a
(sexual assault).
(10)
The location of the adult-oriented business to be operated by
the applicant, including the street address, legal description of
the property, and telephone number, if any.
(11)
The exact nature of the entertainment to be conducted at the
adult-oriented business.
(12)
A sketch or diagram showing the configuration of the premises
drawn to a designated scale and with marked dimensions of the interior
of the premises, including a statement of total floor space occupied
by the business. Such sketch or diagram shall include, without limitation,
all doors, windows, bars, stages, manager's stations, restrooms,
dressing rooms, booths, cubicles, rooms, studios, compartments, stalls,
overhead lighting fixtures and any areas where patrons are not permitted.
(13)
A statement by the applicant that he is familiar with the provisions
of this chapter, is in compliance with them, and consents to the authority
of the Town in licensing and regulating the proposed adult-oriented
business.
D.
The Town Manager shall have the right to request additional information
and documentation of the applicant and the proposed business to support
or clarify any information previously provided.
E.
If a license to operate an adult-oriented business is granted, the
information furnished in the application, including employee information,
shall be updated within 30 days of any material changes. Such update
shall be filed at the office of the Town Clerk, who shall promptly
forward such update to the Town Manager.
A.
The Town Manager or his/her assignee shall be responsible for investigating,
granting, denying, renewing, suspending and revoking all adult-oriented
business applications and licenses pursuant to this chapter. Upon
receipt of a properly completed application with all required attachments,
the Town Manager shall immediately forward copies of such application
to the following Town officials for their investigation:
(1)
The Chief of Police shall investigate the criminal convictions, qualifications
and suitability of the applicant to be licensed and shall inspect
the premises for compliance with all laws and regulations. The applicant
shall pay all applicable fees to the Southington Police Department
for the investigation, including fingerprint and State Police records
review fees.
(2)
The Fire Marshal shall investigate the compliance of the proposed
premises with all applicable fire codes and laws.
(3)
The Chief Building Official shall investigate the compliance of the
proposed premises with all applicable building codes and laws.
(4)
The Director of Health shall investigate the compliance of the proposed
premises with all applicable public health codes and laws.
B.
Within 30 days of the date the application was filed, all such investigations to be performed pursuant to Subsection A of this section shall be completed. At the conclusion of each investigation, each Town official shall indicate on the photocopy of the application his approval or disapproval of the application, state the reasons for any disapproval, date it, sign it, and return it immediately to the Town Manager. A Town official shall disapprove an application if he finds that the proposed adult-oriented business will be in violation of any provision of any statute, code, article, regulation or other law in effect in the Town, including this chapter.
C.
Within 45 days of the date the application was filed, the Town Manager shall render a decision approving or denying such application and shall file such decision with the Town Clerk and mail such decision to the applicant by certified mail, return receipt requested. If the Town Manager denies the application, he shall state in writing the reasons for such denial. All copies of the investigations performed pursuant to Subsection B of this section shall be attached to the Town Manager's decision.
D.
The Town Manager shall issue to the applicant a license to operate
an adult-oriented business within 45 days of the date the application
was filed if all requirements for an adult-oriented business described
in this chapter are met, unless he finds that:
(1)
The applicant is under 18 years of age.
(2)
The applicant or any other person who will be directly engaged in the management and operation of the business has been convicted in this or any other state of any of the crimes specified in § 185-5C(9), regardless of the pendency of any appeal, within 10 years of the date the application was filed.
(3)
Within five years of the date the application was filed the applicant
or his spouse has been denied a license by the Town to operate an
adult-oriented business, has had a license revoked by the Town, or
has failed to correct any material violation of this chapter for more
than 30 days, of which the licensee has received written notice.
(4)
Within three years of the date the application was filed the applicant
or his spouse has had a license to operate an adult-oriented business
denied or revoked by another municipality or state.
(5)
The applicant or his spouse is overdue on payment to the Town of
any taxes, fees, fines or other penalties relating to the adult-oriented
business or the licensed premises.
(6)
The business, as proposed by the applicant, if permitted, would not
have complied with all applicable statutes, codes, ordinances, laws
and regulations, including, but not limited to, the fire, building,
health and zoning codes of the Town and this chapter. If the premises
are not in compliance, the applicant shall be advised of the reasons
in writing and what, if any, measures the applicant can take to bring
the premises into compliance for a license to issue.
(8)
The applicant has failed to complete the license application as specified in § 185-5C, has failed to provide any supporting or clarifying documentation when requested by the Town Manager, or has provided materially false or misleading information in the application.
(9)
The application fee has not been paid.
(10)
The granting of the application would violate a statute, ordinance
or court order.
(11)
The applicant, if a limited partnership, limited-liability company
or corporation, is not in good standing under the laws of the state.
E.
Any failure of the license to issue within 45 days of the date the
application was filed shall constitute a denial subject to appeal.
F.
If the adult-oriented business application is denied, the Town shall
retain 1/2 of the permit fee for expenses incurred in the investigation
of the application and shall return the remainder to the applicant.
G.
When an application is denied solely for reasons stated in Subsection D(6) of this section, and such violation is correctable, the applicant shall be given an additional 30 days from the date of such notification of denial to bring the premises into compliance. Upon verification by inspection that the correction has been made, which shall be determined no later than 48 hours after receipt by the Town Manager of written notice of such correction, a license shall be issued to the applicant so long as no new violations or other disqualifying factors have occurred within such 30 days.
H.
As a condition of the license, the entire licensed premises shall
be open to random physical inspections for compliance with this chapter
by any inspector during all hours when the premises are open for business.
Any refusal to allow such an inspection shall constitute a violation
of this chapter.
I.
The license, if granted, shall state on its face the name and residence
address of the person to whom it is granted, the expiration date,
the address of the adult-oriented business, and the department or
public official and telephone number to report any violation of this
chapter. The license shall also include a notice that the subject
premises is subject to random inspections by inspectors of the Town
for compliance with this chapter.
J.
The license shall be posted in a conspicuous place at or near the
entrance to the adult-oriented business so that it may be easily read
at all times.
A.
Each license issued to a licensee shall expire one year from the date it is issued, unless it is renewed upon application of the licensee accompanied by payment of a renewal fee of $500. Such application and application fee shall be submitted by the licensee to the Town Clerk at least 30 days before the expiration date of the license, but not more than 90 days before. Provided the application is filed within such time and the renewal fee paid, the Town Manager shall, prior to the expiration of the previous license, renew the license for the same licensee at the same location for an additional one year, unless the random inspection reports in the licensee's file reveal uncorrected violations of this chapter or uncorrected violations of any fire, building, health or zoning codes or regulations, of which the licensee has received written notice, or any condition under § 185-6D that could have been grounds for denial of the original application has since become true. If renewed, the Town Manager shall mail the renewed license to the licensee prior to the expiration date of the previous license. If not renewed, the Town Manager shall mail a notice of nonrenewal to the licensee by certified mail, return receipt requested, prior to the expiration date of the previous license, stating the reasons for such nonrenewal. No adult-oriented business shall continue operations without a renewed license.
B.
If there are uncorrected violations of this chapter or uncorrected
violations of any fire, building, health or zoning codes or regulations,
of which the licensee has received written notice, the license renewal
shall be delayed for a maximum of 30 days beyond the original expiration
date in order for all corrections to be completed and inspections
done to determine compliance. If the licensee does not make such corrections
of violations within such 30 days, no license renewal shall be issued.
The Town Manager shall mail a notice of nonrenewal to the licensee
by certified mail, return receipt requested, within five days after
the extended thirty-day period, stating the reasons for such nonrenewal.
C.
Notwithstanding the provisions in Subsection B of this section, in no instance shall a renewal be issued to a licensee who, within the one-year period of the previous license has had two or more material violations of this chapter, to which the licensee has received written notice, or has had one or more uncorrected material violations of this chapter pending for over 30 days.
D.
Should a license not be renewed for any violation of this chapter,
no license shall issue for the same licensee for five years from the
expiration of the previous license.
A.
The Town Manager may suspend an adult-oriented business license for
a period not to exceed 30 days upon his determination that a licensee,
operator or employee has materially violated any part of this chapter.
The Town Manager shall issue such suspension in writing stating the
reasons therefor and shall notify the licensee by certified mail,
return receipt requested, addressed to the licensee at his business
or residence address, or by service by any process server at the usual
place of abode of the licensee or at the licensed premises. If a suspension
is issued for a correctable violation, the Town Manager, within 48
hours of his receipt of written notice that the correction has been
made, shall terminate such suspension upon verification by inspection.
No adult-oriented business shall continue operations while under suspension.
B.
The Town Manager shall revoke any license where any of the following
occur:
(1)
It is discovered that materially false or misleading information
or data was given on, or material facts were omitted from, any application
for an adult-oriented business license.
(2)
Any taxes, fees, fines or other penalties relating to the licensed
premises or required to be paid by this chapter become more than 30
days delinquent.
(3)
A licensee, operator, employee or other person directly involved in the management or control of the adult-oriented business has been convicted of any crime specified in § 185-5C(9).
(4)
A licensee has had, within a one-year period, two or more material
violations of this chapter, to which the licensee has received written
notice.
(5)
A licensee has one or more uncorrected material violations of this
chapter pending for over 30 days, to which the licensee has received
written notice.
(6)
A licensee has failed to correct within 30 days any violation for which his license was suspended pursuant to Subsection A of this section.
(7)
The license or any interest therein is transferred in any way.
(8)
A licensee, operator or employee has knowingly allowed any live performance
or conduct featuring any specified sexual activities to occur on the
licensed premises.
(9)
A licensee, operator or employee has knowingly allowed any illegal
activity to occur on the licensed premises, including, but not limited
to, prostitution, gambling or the possession, use or sale of controlled
substances.
(10)
A licensee, operator or employee has knowingly operated the
adult-oriented business while the business's license was under
suspension.
C.
At least 10 days prior to the revocation of any license, the Town
Manager shall issue such revocation in writing stating the reasons
therefor and shall notify the licensee by certified mail, return receipt
requested, addressed to the licensee at his business or residence
address, or by service by any process server at the usual place of
abode of the licensee or at the licensed premises.
A.
Within five days of receipt of notification of a denial, nonrenewal,
suspension or revocation of a license, the licensee may contest such
decision by submitting a written application to the Town Clerk requesting
a public hearing before the Town Council.
B.
The public hearing shall be scheduled to take place no later than
20 days from the date of the application for such hearing. Not less
than 10 days before the date of such hearing, a notice of hearing
shall be sent to the licensee by certified mail, return receipt requested,
and posted in a conspicuous place on the proposed or licensed premises.
C.
In such application, the licensee may request that the Town Manager
or any other Town official who investigated the application or inspected
the premises shall be present at the public hearing. At such hearing,
the licensee shall have the opportunity to present evidence on his
behalf and shall have the right to cross examine all Town officials
and witnesses. The Town Council shall conduct the hearing in the order
and form and with such methods of proof as it deems fair and appropriate.
The rules regarding the admissibility of evidence shall not be strictly
applied, but all testimony shall be given under oath or affirmation.
D.
Immediately following such hearing, the Town Council shall enter
its vote to either sustain or overrule the denial, nonrenewal, suspension
or revocation. Within five days after such hearing, the Town Council
shall issue written notice of its final decision, stating the reasons
therefor, and shall forward such decision to the licensee by certified
mail, return receipt requested. If the denial, nonrenewal, suspension
or revocation is overruled, the Town Manager shall immediately issue
such license or renewal of license, or revoke the suspension or revocation,
as the case may be.
E.
The decision of the Town Council may be appealed to the Superior
Court within 20 days of such written notice of such decision.
F.
During the pendency of any appeal of a nonrenewal, suspension or
revocation, the operations of the adult-oriented business may be maintained
by the licensee, unless otherwise ordered by the Superior Court.
