[Ord. No. 883 §1, 5-25-1994; Code 1997; CC 2000 §5-1101]
For the purposes of this Chapter, and unless the context plainly
requires otherwise, the following definitions are adopted:
Either an adult entertainment business or an adult retail
business.
Any live exhibition, performance, display or dance of any
type including, but not limited to, talking, singing, reading, listening,
posing, body painting, operating for compensation any services of
baths of all kinds, serving food or beverages, soliciting for the
sale of food, beverages or entertainment, pantomiming, modeling, removal
of clothing or any service offered for amusement on a premises where
such exhibition, performance, display or dance is intended to arouse
or excite the sexual desires of the entertainer, other entertainers
or patrons or if the entertainment involves a person who is nude or
in such attire, costume or clothing as to expose to view specified
anatomical areas (as defined herein), even if transparently covered.
Any premises to which the public, patrons or members are
invited/admitted/attend and wherein an entertainer provides adult
entertainment to a member of the public, a patron or a member. This
definition applies whether or not an entertainer provides such adult
entertainment on a regular basis or only as an isolated incident to
the member of the public, a patron or a member.
Any business enterprise that has as its primary business
purpose the sale or rental of merchandise that is designed for use
in connection with specified sexual activities or that emphasize matters
depicting, describing or relating to specified sexual activities or
specified anatomical areas including, but not limited to, any and
all of the following as defined herein:
Adult retail establishment: An establishment
which, as its primary business purpose, offers for sale or rent any
one (1) or more of the following: instruments, devices, gifts or paraphernalia
which are designed for use in connection with specified sexual activities
or clothing that graphically depicts specified anatomical areas or
any of the materials sold or rented in an adult bookstore as defined
herein.
Adult bookstore: An establishment which, as
its primary business purpose, offers for sale or rent books, magazines,
periodicals or other printed matter, photographs, slides, films or
videotapes which are distinguished or characterized by their emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas.
Adult media outlet: An establishment which,
as its primary business purpose, rents, sells or offers for viewing
or other use any magazine, books, television transmissions, films,
movies, motion pictures, video tapes, video cassettes, slides or other
photographic reproductions which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas.
Adult newsrack: Any coin- or card-operated
device that offers for sale by dispensing printed material which is
distinguished or characterized by its emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas.
Adult newsstand: A freestanding structure,
vehicle or booth which, as its primary business purpose, offers for
sale books, magazines, periodicals or other printed matter which are
distinguished or characterized by their emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas.
Any and all persons, including managers, entertainers and
independent contractors, who work in or at or render any services
directly related to the operation of an adult entertainment premises.
Any person who provides adult entertainment within an adult
entertainment premises as defined in this Section, whether or not
a fee is charged or accepted for entertainment.
Any person who manages, directs, administers or is in charge
of the affairs or conduct of any portion of any activity involving
adult entertainment occurring at any adult entertainment premises
or any activity involving retail sales or rentals at an adult retail
business.
Any person operating, conducting or maintaining an adult
entertainment business.
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, marital community, joint venture, governmental
entity or other entity or group of persons however organized.
Any area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plaza, parks, driveways, parking lots
and automobiles whether moving or not.
Any person who serves food or drink at an adult entertainment
business.
Uncovered or exposed human genitals, pubic region or pubic hair;
or buttock; or female breast or breasts below a point immediately
above the top of the areola or nipple; or any combination of the foregoing;
or
Human male genitals in a discernible erect state, even if completely
and opaquely covered.
Sexual conduct, being actual or simulated, acts of human
and/or animal masturbation; sexual intercourse; physical contact,
in an act of apparent sexual stimulation or gratification, with a
person's clothed or unclothed genitals, pubic area, buttocks or the
breast of a female; or any sadomasochistic abuse or acts including
animals or any latent objects in an act of apparent sexual stimulation
or gratification.
[Ord. No. 883 §2, 5-25-1994; CC 2000 §5-1102]
A.
It shall
be unlawful for any person to operate or maintain an adult entertainment
business in the City unless the owner, operator or lessee thereof
has obtained an adult entertainment business license from the City
or to operate such business after such license has been revoked or
suspended by the City.
B.
It is
unlawful for any entertainer, employee or manager to knowingly perform
any work, service or entertainment directly related to the operation
of an unlicensed adult entertainment business.
C.
It shall
be prima facie evidence that any adult entertainment business that
fails to have its license as an adult business posted, in the manner
required by this Section, has not obtained such a license. In addition,
it shall be prima facie evidence that any entertainer, employee or
manager who performs any service or entertainment in an adult entertainment
business in which an adult entertainment license is not posted, in
the manner required by this Section, had knowledge that such business
was not licensed.
[Ord. No. 883 §3, 5-25-1994; CC 2000 §5-1103]
It is unlawful for any person to work as an entertainer, server
or manager at an adult entertainment business without first obtaining
a license to do so from the City or to work as an entertainer, server
or manager at an adult entertainment business after such person's
license to do so has been revoked or suspended.
[Ord. No. 883 §4, 5-25-1994; CC 2000 §5-1104]
A.
The license
year for all fees required under this Chapter shall be from each January
first (1st) through December thirty-first (31st). The application
for a license shall be accompanied by payment in full of the fee stated
in this Section by certified or cashier's check or money order and
no application shall be considered complete until such fee is paid.
B.
All licenses
shall be issued for a specific location and shall be non-refundable
and non-transferable.
C.
The classification
of licenses and fees for each shall be as set out in Section 103.050(J)
of this Code.
[Ord. No. 883 §5, 5-25-1994; CC 2000 §5-1105]
A.
Adult Business License. All persons desiring to secure a
license to operate an adult business under the provisions of this
Chapter shall make a verified application with the City Clerk. All
applications shall be submitted in the name of the person proposing
to conduct or operate the adult business. All applications shall be
submitted on a form supplied by the City Clerk and shall require the
following information:
1.
The
name, residence address, home telephone number, occupation, date and
place of birth and social security number of the applicant.
2.
The
name of the adult entertainment business, a description of the adult
business to be conducted and, if an adult entertainment business,
then entertainment to be performed on the licensed premises and the
name of the owner of the premises where the adult business will be
located.
3.
The
names, residence address, social security numbers and dates of births
of all partners, if the applicant is a partnership and if the applicant
is a corporation, the same information for all corporate officers
and directors and stockholders who own more than ten percent (10%)
or greater interest in the corporation.
4.
The
addresses of the applicant or of all partners or of all corporate
officers and directors for the five (5) years immediately prior to
the date of application.
5.
A statement
from the applicant or from all partners or from all corporate officers
and directors whether any such person or entity, in previously operating
in this or another City, County or State, has had a business license
of any type revoked or suspended and, if so, the reason for the suspension
or revocation and the business activity subjected to the suspension
or revocation.
6.
A statement
of the business, occupation or employment of the applicant or of all
partners or of all corporate officers and directors for the three
(3) years immediately preceding the date of the application.
7.
A statement
from the applicant, each partner or from each corporate officer and
director that each such person has not been convicted of, released
from confinement for conviction of or diverted from prosecution on:
a.
A
felony criminal act within five (5) years immediately preceding the
application; or
b.
A
misdemeanor criminal act within two (2) years immediately preceding
the application, where such felony or misdemeanor criminal act involved
sexual offenses, prostitution, promotion of prostitution, sexual abuse
of a child, pornography or related offenses as defined in the Kansas
Criminal Code or involved controlled substances or illegal drugs or
narcotics offenses as defined in the Kansas Controlled Substances
Act or other Statutes or ordinances.
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The statement shall also indicate that the applicant, each partner
or each corporate officer and director has not been convicted of a
municipal ordinance violation or diverted from prosecution on a municipal
ordinance violation within two (2) years immediately preceding the
application where such municipal ordinance violation involved sexual
offenses, indecent exposure, prostitution or sale of controlled substances
or illegal drugs or narcotics.
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8.
A full
set of fingerprints and a photograph, to be taken by the Police Department,
of the applicant or of all partners if the applicant is a partnership
or of all corporate officers and directors if the applicant is a corporation.
A passport type photograph with head and shoulder (provided and available
at the time fingerprints are taken) of each applicant, all partners,
corporate officers and directors.
9.
If the
applicant is a corporation, a current certificate of registration
issued by the Kansas Secretary of State.
10.
A
statement signed under oath that the applicant has personal knowledge
of the information contained in the application is true and correct
and that the applicant(s) has read the provisions of this Chapter
regulating adult entertainment businesses.
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Failure to provide the information and documentation required
by this Subsection shall constitute an incomplete application which
shall not be processed.
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B.
Adult Business Manager, Server Or Entertainer's License. All persons desiring to secure a license under the provisions of
this Chapter to be an adult business manager, server or entertainer
shall make a verified application with the City Clerk. All applications
shall be submitted in the name of the person proposing to be an adult
business manager, server or entertainer. All applications shall be
submitted on a form supplied by the City Clerk and shall require the
following information:
1.
The
applicant's name, home address, home telephone number, date and place
of birth, social security number and any stage names or nicknames
used in entertaining.
2.
The
name and address of each adult business where the applicant intends
to work as a manger, server or entertainer and an intent to hire statement
from an adult business that is licensed or that has applied for a
license, under the provisions of this Chapter, indicating the adult
business intends to hire the applicant to manage, serve or entertain
on the premises.
3.
A statement
from the applicant that the applicant has not been convicted of, released
from confinement for conviction of or diverted from prosecution on:
a.
A
felony criminal act within five (5) years immediately preceding the
application; or
b.
A
misdemeanor criminal act within two (2) years immediately preceding
the application, where such felony or misdemeanor criminal act involved
sexual offenses, prostitution, promotion of prostitution, sexual abuse
of a child, pornography or related offenses as defined in the Kansas
Criminal Code or involved controlled substances or illegal drugs or
narcotics offenses as defined in the Kansas Controlled Substances
Act or other Statutes or ordinances.
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The statement shall also indicate that the applicant has not
been convicted of a municipal ordinance violation or diverted from
prosecution on a municipal ordinance violation within two (2) years
immediately preceding the application where such municipal ordinance
violation involved sexual offenses, indecent exposure, prostitution
or sale of controlled substances or illegal drugs or narcotics.
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4.
A full
set of fingerprints and a photograph, to be taken by the Police Department,
of the applicant and a head and shoulders passport type photograph
provided at the time the fingerprints are taken.
5.
The
applicant shall present to the City Clerk, who shall copy documentation,
that the applicant has attained the age of eighteen (18) years at
the time the application is submitted. Any of the following shall
be accepted as documentation of age:
a.
A
motor vehicle operator's license issued by any State bearing the applicant's
photograph and date of birth;
b.
A
State-issued identification card bearing the applicant's photograph
and date of birth;
c.
An
official and valid passport issued by the United States of America;
d.
An
immigration card issued by the United States of America; or
e.
Any
other form of picture identification issued by a governmental entity
that is deemed reliable by the City Clerk.
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Failure to provide the information required by this Subsection
shall constitute an incomplete application and shall not be processed.
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C.
Application Processing. Upon receipt of a complete application
for an adult business or an adult business manager, server or entertainer
license, the City Clerk shall immediately transmit one (1) copy of
the application to the Chief of Police for investigation of the application.
In addition, the City Clerk shall transmit a copy of the application
to the Director of Public Works and the Fire Inspector. It shall be
the duty of the Chief of Police to investigate such application to
determine whether the information contained in the application is
accurate and whether the applicant is qualified to be issued the license
applied for. The Chief of Police shall report the results of the investigation
to the City Clerk not later than ten (10) working days from the date
the application is received by the City Clerk. It shall be the duty
of the Director of Public Works and the Fire Inspector to determine
whether the structure where the adult business will be conducted complies
with the requirements and meets the standards of the applicable Health,
Zoning, Building Code, fire and property maintenance ordinances of
the City. The Director of Public Works and the Fire Inspector shall
report the results of their investigation to the City Clerk not later
than ten (10) working days from the date the application is received
by the City Clerk. Upon receipt of the reports from the Chief of Police,
the Director of Public Works and the Fire Inspector, the City Clerk
shall schedule the application for consideration by the Governing
Body at the earliest meeting consistent with the notification requirements
established by law, provided the license application for an adult
business and for an adult business manager, server or entertainer
license shall be approved or disapproved within forty-five (45) days
from the date of filing of a completed application with the Clerk's
office. The applicant shall be notified in writing of the date when
the Governing Body will consider the application.
[Ord. No. 883 §6, 5-25-1994; CC 2000 §5-1106]
A.
If the application for an adult business or an adult business manager, server or entertainer is in proper form and accompanied by the appropriate license fee, the Governing Body shall examine the application. After such examination, the Governing Body shall, if the applicant is qualified, approve a license as provided for by law, provided a license shall not be approved to any person ineligible pursuant to Section 640.070.
B.
The record
of the Governing Body shall show the action taken on the application
and if the license is granted by the Governing Body, the City Clerk
shall issue the proper license. The license shall state that it is
not transferable to other persons and the calendar year for which
it is issued. The license shall be posted in a conspicuous place in
the business that is licensed or where the licensee is working.
C.
If an
application for a license is disapproved, the applicant shall be immediately
notified by registered or certified mail to the applicant's last known
address. The notification shall state the basis for such disapproval.
Any applicant aggrieved by the disapproval of a license application
may seek judicial review in a manner provided by law.
[Ord. No. 883 §7, 5-25-1994; CC 2000 §5-1107]
A.
No person
is eligible nor shall a license be issued to:
1.
An adult
entertainment business applicant if one (1) or more of the following
conditions exist:
a.
The
applicant's premises is located within five hundred (500) feet of
any school, church or licensed child care center. Measurements shall
be made in a straight line, without regard to intervening structures
or objects, from the nearest point on the property line of the applicant's
enterprise to the nearest point on the property line of such school,
church or licensed day care center;
b.
The
applicant's premises is located within five hundred (500) feet of
any other adult business for which there is a license issued or a
massage establishment for which there is a business permit issued.
Measurements shall be made in a straight line, without regard to intervening
structures or objects, from the nearest point on the property line
of the applicant's enterprise to the nearest point on the property
line of such other existing and licensed or permitted business;
c.
The
applicant's premises is located within two hundred (200) feet of a
residentially zoned district. Measurements shall be made in a straight
line, without regard to intervening structures or objects, from the
nearest point on the property line of the applicant's enterprise to
the nearest point of the residentially zoned district;
d.
The
applicant failed to supply all of the information requested on the
application;
e.
The
applicant gave materially false, fraudulent or untruthful information
on the application;
f.
The
applicant's proposed business premises does not comply with or meet
the requirements of the applicable Health, Zoning, Building Code,
fire and property maintenance ordinances of the City, provided that
upon a showing that the premises meets the requirements and that the
applicant is otherwise qualified, the application shall be eligible
for reconsideration by the Governing Body;
g.
The applicant has been convicted, released from incarceration for conviction or diverted on any of the crimes set forth in Section 640.050(A)(7) during the time period set forth in the Section;
h.
The
applicant has had an adult entertainment license revoked or suspended
in this or any other City during the past five (5) years.
2.
An applicant
for an adult manager, server or entertainer if one (1) or more of
the following conditions exist:
a.
The employer for whom the applicant intends to work does not have or is ineligible to receive an adult business license for any of the reasons stated in Subsection (1) above;
b.
The applicant has been convicted, released from incarceration for conviction or diverted on any of the crimes set forth in Section 640.050(B)(3) during the time period set forth in the Section;
c.
The
applicant failed to provide all of the information required on the
application;
d.
The
applicant gave materially false, fraudulent or untruthful information
on the application;
e.
The
applicant has had an adult manager, server or entertainer license
revoked or suspended in this or any other City during the past five
(5) years.
3.
Amortization of non-conforming uses. Establishments in existence as of the day of publication in the official City newspaper of Ordinance No. 883 (effective date 5-25-94) shall be permitted as a non-conforming use for the purpose of Subsection (1) of this Section. As to such establishments which have non-conforming use status, the provisions of Section 640.070(1) and Section 445.180 et seq. shall apply and, in addition, such use shall become unlawful on or after one (1) year from the effective date (5-25-94) of Ordinance No. 883, unless an extension is granted by the City Council in accordance with Section 445.180 et seq.
[Ord. No. 883 §8, 5-25-1994; CC 2000 §5-1108]
A.
The following
standards of conduct shall be adhered to by all adult business licensees,
their employees and all adult business managers, servers and entertainers
and patrons of adult businesses while on or about the premises of
the business:
1.
Age restriction. Only persons eighteen (18) years of age
or older shall be permitted on the premises of any adult entertainment
business.
2.
Exterior observation. The premises of all adult entertainment
businesses will be so constructed as to include an anteroom, foyer,
partition or other physical barrier on all customer entrances that
will insure observation that the interior of the premises is not observable
from the exterior of the building. In addition, all windows will be
covered to prevent viewing of the interior of the building from the
outside and all doorways not constructed with a anteroom or foyer
will be covered so as to prevent observation of the interior of the
premises from the exterior of the building.
3.
Exterior display. No adult entertainment business will be
conducted in any manner that permits the observation of live performers
engaged in an erotic depiction or dance or any material or persons
depicting, describing or relating to specified sexual activities or
specified anatomical areas, as defined herein, from any exterior source
by display, decoration, sign, show window or other opening.
4.
Nudity prohibited, exceptions. No employee, server or entertainer
in an adult business shall appear nude, unclothed, in less than opaque
attire or in any fashion that exposes to view any specified anatomical
area.
5.
Certain acts prohibited.
a.
No
employee, server or entertainer shall perform any specified sexual
activities as defined herein, wear or use any device or covering exposed
to view which simulates any specified anatomical area, use artificial
devices or inanimate objects to perform or depict any of the specified
sexual activities as defined herein or participate in any act of prostitution.
b.
No
employee, server, entertainer or patron of an adult business shall
knowingly touch, fondle or caress any specified anatomical area of
another person or knowingly permit another person to touch, fondle
or caress any specified anatomical area of such employee, server,
entertainer or patron, whether such specified anatomical areas are
clothed, unclothed, covered or exposed.
c.
No
employee, server or entertainer of an adult business shall be visible
from the exterior of the adult business while such person is unclothed
or in such attire, costume or clothing as to expose to view any specified
anatomical area.
d.
No
adult entertainer shall solicit, demand or receive any payment or
gratuity from any patron or customer for any act prohibited by this
Chapter and no adult entertainer shall receive any payment or gratuity
from any customer for any entertainment except as follows:
(1)
While such entertainer is on the stage, a customer or patron may
place such payment or gratuity into a box affixed to the stage; or
(2)
While such entertainer is not on the stage and is clothed so as to
not expose to view any specified anatomical area, a customer or patron
may either place such payment or gratuity into the entertainer's hand
or under a leg garter worn by such entertainer at least four (4) inches
below the bottom of the pubic region.
e.
No
owner, operator, manager or other person in charge of the premises
of an adult entertainment premises shall:
(1)
Knowingly permit alcoholic liquor or cereal malt beverages to be
brought upon or consumed on the premises;
(2)
Knowingly allow or permit the sale, distribution, delivery or consumption
of any controlled substance or illegal drug or narcotic on the premises;
(3)
Knowingly allow or permit any person under the age of eighteen (18)
years of age to be in or upon the premises;
(4)
Knowingly allow or permit any act of prostitution or patronizing
prostitution on the premises; or
(5)
Knowingly allow or permit a violation of this Chapter or any other
City ordinance provision or State law.
6.
Signs required. All adult entertainment businesses shall
have conspicuously displayed in the common area at the principal entrance
to the premises a sign, on which uppercase letters shall be at least
two (2) inches high and lowercase letters at least one (1) inch high,
which shall read as follows:
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THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED AND LICENSED
BY THE CITY OF MISSION
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ENTERTAINERS ARE:
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Not permitted to engage in any type of sexual conduct or prostitution
on the premises or to fondle, caress or touch the breasts, pubic region,
buttocks or genitals of any employee, patron or other entertainer
or to permit any employee, patron or other entertainer to fondle,
caress or touch the breasts, pubic region, buttocks or genitals of
said entertainer.
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Not permitted to be nude, unclothed or in less than opaque attire,
costume or clothing so as to expose to view any portion of the breasts
below the top of the areola or any portion of the pubic region, buttocks
and genitals, unless upon a stage at least two (2) feet above the
customer floor and a sufficient distance from the customers to prevent
the customers from touching the entertainers
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Not permitted to demand or collect any payment or gratuity from
any customer for entertainment, except as follows:
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While such entertainer is on the stage, by placing such payment
or gratuity into a box affixed on the stage, or
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While such entertainer is on the stage, by placing such payment
or gratuity into the entertainer's hand or under the entertainer's
leg garter.
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CUSTOMERS ARE:
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Not permitted to be upon the stage at any time.
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Not permitted to touch, caress or fondle the breasts, pubic
region, buttocks or genitals of any employee, server or entertainer
or engage in solicitation for prostitution.
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7.
Lighting required. The premises of all adult entertainment
businesses shall be equipped with overhead lighting of sufficient
intensity to illuminate every place to which customers are permitted
access at an illumination of not less than one (1) foot-candle as
measured at the floor level and such illumination must be maintained
at all times that any customer or patron is present in or on the premises.
8.
Closed booths or rooms prohibited. The premises of all adult
entertainment businesses shall be physically arranged in such manner
that the entire interior portion of any booths, cubicles, rooms or
stalls is visible from a common area of the premises. Visibility shall
not be blocked or obscured by doors, curtains, drapes or any other
obstruction whatsoever.
9.
Ventilation and sanitation requirements. The premises of
all adult entertainment businesses shall be kept in a sanitary condition.
Separate dressing rooms and restrooms for men and women shall at all
times be maintained and kept in a sanitary condition.
10.
Hours of operation. No adult entertainment business may
be open or in use between the hours of 1:00 A.M. and 9:00 A.M. on
any day other than a Sunday when the business may not be open between
the hours of 1:00 A.M. and 12:00 noon.
[Ord. No. 883 §9, 5-25-1994; CC 2000 §5-1109]
A.
Every
person licensed under this Chapter as an adult business shall post
such license in a conspicuous place and manner on the adult business
premises.
B.
Every
person holding an adult business manager, server or entertainer license
shall post his/her license in his/her work area on the adult business
facility premises so it shall be readily available for inspection
by City authorities responsible for enforcement of this Chapter.
[Ord. No. 883 §10, 5-25-1994; CC 2000 §5-1110]
A.
An adult
business manager shall be on duty at an adult business at all times
the premises is open for business. The name of the manager on duty
shall be prominently posted during business hours.
B.
It shall
be the responsibility of the manager to verify that any person who
provides adult entertainment or works as a server within the premises
possesses a current and valid adult entertainer's license or an adult
entertainment server's license and that such licenses are prominently
posted.
[Ord. No. 857 §1, 2-10-1993; CC 2000 §5-1111]
All adult entertainment businesses shall permit representatives
of the Police Department or any other City Official acting in their
official capacity to inspect the premises as necessary to insure the
business is complying with all applicable regulations and laws.
[Ord. No. 857 §1, 2-10-1993; CC 2000 §5-1112]
A.
Whenever
the City Clerk has information that:
1.
The
owner or operator of an adult entertainment business or a holder of
an adult entertainment manager, server or entertainer license has
violated or knowingly allowed or permitted the violation of, any of
the provisions of this Chapter;
2.
There
have been recurrent violations of provisions of this Chapter that
have occurred under such circumstances that the owner or operator
of an adult entertainment business knew or should have known that
such violations were committed;
3.
The
adult entertainment business license or the adult entertainment manager,
server or entertainer license was obtained through false statements
in the application for such license or renewal thereof;
4.
The
adult entertainment business licensee or the adult entertainment manager,
serve or entertainer licensee failed to make a complete disclosure
of all information in the application for such license or renewal
thereof;
5.
The owner or operator or any partner or any corporate officer or director holding an adult entertainment business license has become disqualified from having a license by a conviction as provided in Section 640.050(A)(7);
6.
The holder of an adult entertainment manager, server or entertainer license has become disqualified from having a license by a conviction as provided in Section 640.050(B)(3), then the City Clerk shall make this information known to the Governing Body, which upon five (5) days' written notice to the person holding the license conduct a public hearing to determine whether the license should be suspended or revoked. The Governing Body may pass a resolution setting forth the procedures for the conduct of such hearings. Based on the evidence produced at the hearing, the Governing Body may take any of the following actions:
a.
Suspend
the license for up to ninety (90) days;
b.
Revoke
the license for the remainder of the license year;
c.
Place
the license holder on administrative probation for a period of up
to one (1) year on the condition that no further violations of the
Chapter occur during the period of probation. If a violation does
occur and after a hearing the violation is determined to have actually
occurred, the license will be revoked for the remainder of the license
year.
[Ord. No. 857 §1, 2-10-1993; CC 2000 §5-1113]
A.
A license
may be renewed by making application to the City Clerk on application
forms provided for that purpose. Licenses shall expire on December
thirty-first (31st) of each calendar year and renewal applications
for such licenses shall be submitted between December sixteenth (16th)
and December thirty-first (31st).
B.
Upon
timely application and review as provided for a new license, a license
issued under the provisions of this Chapter shall be renewed by issuance
of a new license in the manner provided in this Chapter.
[Ord. No. 857 §1, 2-10-1993; CC 2000 §5-1114]
Following the entry of an order by the City Clerk suspending
or revoking a license issued pursuant to this Chapter or disapproving
the renewal application for a license, such licensee or applicant
may seek judicial review in a manner provided by law. The City Clerk
may stay enforcement of such order for a period of time not to exceed
thirty (30) days pending the filing and final disposition of proceedings
for judicial review.
[Ord. No. 857 §1, 2-10-1993; CC 2000 §5-1115]
The City Clerk shall have the power to promulgate regulations
as may be necessary and feasible for the carrying out of the duties
of his/her office and which are not inconsistent with the provisions
of this Chapter.
