[Ord. No. 436 §1, 5-19-1997]
For the purposes of this Chapter and unless the context plainly
requires otherwise, the following definitions are adopted:
ADULT ENTERTAINMENT
Any live exhibition, performance, display or dance of any
type, including but not limited to, talking, signing, reading, listening,
posing, 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 seek 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 any portion of the human
genitals, pubic region, vulva, pubic hair, buttocks, female breasts
or breasts below a point immediately above the top of the areola or
nipple or the human male genitals in a discernibly erect state, even
if completely and opaquely covered.
ADULT ENTERTAINMENT BUSINESS
Any premises to which the public, patrons or members are
invited or admitted and wherein an entertainer provides adult entertainment
to a member of the public, a patron, or a member.
EMPLOYEE
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 business.
ENTERTAINERS
Any person who provides entertainment within an adult entertainment
premises as defined in this Section, whether or not a fee is charged
or accepted for entertainment.
MANAGER
Any person who manages, directs, administers, or is in charge
of the affairs and/or conduct of any portion of any activity involving
adult entertainment occurring at any adult entertainment premises.
OPERATOR
Any person operating, conducting or maintaining an adult
entertainment business.
PERSON
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, marital community, joint venture, governmental
entity, or other entity or group of persons however organized.
PUBLIC PLACE
Any area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
and automobiles whether moving or not.
SERVER
Any person who serves food or drink at an adult entertainment
business.
SPECIFIED ANATOMICAL AREAS
Means:
1.
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
2.
Human male genitals in a discernible erect state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Sexual conduct, being actual or simulated, acts of human
masturbation; sexual intercourse; or 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 or apparent sexual stimulation or gratification.
[Ord. No. 436 §3, 5-19-1997]
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 posted, in the manner required by this Chapter,
an adult entertainment business license, 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 Chapter, had knowledge
that such business was not licensed.
[Ord. No. 436 §4, 5-19-1997]
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. 436 §5, 5-19-1997]
A. The
license year for all fees required under this Chapter shall be from
each July first (1st) through June thirtieth (30th). 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 follows:
1. Adult entertainment business license fee is five hundred dollars
($500.00) per year;
2. Adult entertainment manager's license fee is three hundred dollars
($300.00) per year;
3. Adult entertainer's license fee is three hundred dollars ($300.00)
per year;
4. Adult entertainment server's license fee is three hundred dollars
($300.00) per year.
[Ord. No. 436 §6, 5-19-1997]
A. Adult Entertainment Business License. All persons desiring
to secure a license to operate an adult entertainment business under
the provisions of this Chapter shall make a notarized application
with the Chief of Police. All applications shall be submitted in the
name of the person proposing to conduct or operate the adult entertainment
business. All applications shall be submitted on a form supplied by
the Chief of Police 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 entertainment to be performed on the licensed premises, and
the name of the owner of the premises where the adult entertainment
business will be located.
3. The names, residence addresses, 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 description of the adult entertainment or similar business history
of the applicant, or of all partners, or of 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
revoked or suspended, the reason therefor, and the activity or occupation
subjected to such action, 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, or from 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, or received a suspended imposition of sentence
(SIS) 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 Missouri
Criminal Code, or involved controlled substances or illegal drugs
or narcotics offenses as defined in the Missouri Controlled Substances
Act or other Statutes or ordinances.
The statement shall also indicate that the applicant, each partner
or 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, or possession of any of the foregoing.
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.
9. If the applicant is a corporation, a current certificate of registration
and certificate of good standing issued by the Missouri Secretary
of State.
10. A statement signed under oath that the applicant has personal knowledge
of the information contained in the application and that the information
contained therein is true and correct and that the applicant has read
the provisions of this Chapter regulating adult entertainment businesses.
Failure to provide the information and documentation required
by this Subsection shall constitute an incomplete application which
shall not be processed.
B. Adult Entertainment Manager, Server Or Entertainer's License. All persons desiring to secure a license under the provisions of
this Chapter to be an adult entertainment manager, server or entertainer
shall make a notarized application with the Chief of Police. All applications
shall be submitted in the name of the person proposing to be an adult
entertainment manager, server or entertainer. All applications shall
be submitted on a form supplied by the Chief of Police 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 entertainment business where the
applicant intends to work as a manager, server or entertainer, and
an "intent to hire" statement from an adult entertainment business
that is licensed, or that has applied for a license, under the provisions
of this Chapter, indicating the adult entertainment 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, or received a suspended imposition of sentence (SIS)
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 Missouri
Criminal Code, or involved controlled substances or illegal drugs
or narcotics offenses as defined in the Missouri Controlled Substances
Act or other Statutes or ordinances.
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, or
possession of any of the foregoing.
4. A full set of fingerprints and a photograph, to be taken by the Police
Department, of the applicant.
5. The applicant shall present to the Chief of Police 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 this
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;
e. Any other form of picture identification issued by a governmental
entity that is deemed reliable by the Chief of Police; or
f. Any other form of identification deemed reliable by the Chief of
Police.
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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.
1. Upon receipt of a complete application for an adult entertainment
business or an adult entertainment manager, server or entertainer
license, the Chief of Police shall immediately transmit one (1) copy
of the application to the Land Use Administrator. It shall be the
duty of the Chief of Police or his/her designee 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. It shall be the duty of the Land
Use Administrator, to determine whether the structure where the adult
entertainment 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.
2. The Land Use Administrator shall report the results of the investigation
to the Chief of Police not later than ten (10) working days from the
date the application is received by the Land Use Administrator. Upon
receipt of the reports the Chief of Police 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 entertainment business and for an
adult entertainment business manager, server or entertainer license
shall be approved or disapproved within forty-five (45) days from
the date of filing of a complete application with the Chief of Police.
The applicant shall be notified in writing of the date when the Governing
Body will consider the application.
[Ord. No. 436 §7, 5-19-1997]
A. If the application for an adult entertainment business or an adult entertainment business manager, server or entertainer is in proper form and accompanied by the appropriate license fee, the Governing Body shall examine the application, and 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 under Section
625.070.
B. The
record of the Governing Body shall show the action taken on the application
and if the license is granted, the Governing Body shall direct the
City Clerk to 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 kept posted in a conspicuous
place in the place of 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, and 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. 436 §8, 5-19-1997; Ord. No. 1233 §4, 1-17-2002; Ord. No. 1237 §4, 1-28-2002]
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 one thousand (1,000) feet
of any residential zoned district, school, church, City park, mortuary
or funeral home, nursing or retirement home, residential care facility,
hospital, clinic or medical treatment facility, 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 any residential zoned district, school,
church, City park, mortuary or funeral home, nursing or retirement
home, residential care facility, hospital, clinic or medical treatment
facility, or licensed day care center.
b. The applicant's premises is located within one thousand (1,000) feet
of any other adult entertainment business for which there is a license
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 adult entertainment business.
c. The applicant failed to supply all of the information requested on
the application.
d. The applicant gave materially false, fraudulent or untruthful information
on the application.
e. The applicant's proposed business premises does not comply with or
meet the requirement of the applicable Health, Zoning, Building Code,
fire and property maintenance ordinances of the City, provided, that
upon a showing that the premises meets said requirements and that
the applicant is otherwise qualified, the application shall be eligible
for reconsideration by the Governing Body.
f. The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes set forth in Section
625.050(A) during the time period set forth in said Section.
g. 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 entertainment 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 entertainment 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
625.050(B) during the time period set forth in said 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'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 said requirements and that
the applicant is otherwise qualified, the application shall be eligible
for reconsideration by the Governing Body.
f. The applicant has had an adult entertainment license revoked or suspended
in this or any other City during the past five (5) years.
[Ord. No. 436 §9, 5-19-1997]
A. The
following standards of conduct shall be adhered to by all adult entertainment
business licensees, their employees and all adult entertainment business
managers, servers and entertainers and patrons of adult entertainment
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 of 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 an 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
shall 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 entertainment 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 any adult entertainment
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 entertainment business
shall be visible from the exterior of the adult entertainment 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 or platform, 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 or platform 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.
f. Entertainers may not be 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/or genitals, unless upon stage at
least two (2) feet above the customer floor and a sufficient distance
from the customers to prevent the customers from touching the entertainer.
6. Signs required. All adult entertainment businesses
shall have conspicuously displayed in the common area at the principal
entrance to the premises a sign, of 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 ST. ROBERT
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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/or genitals, unless upon stage at least two (2)
feet above the customer floor and a sufficient distance from the customers
to prevent the customers from touching the entertainer.
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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 to the stage, or
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While such entertainer is not on the stage, by either 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) footcandle 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 room prohibited. The premises of
all adult entertainment businesses shall be physically arranged in
such a manner that the entire interior portions of any booths, cubicles,
rooms or stalls are 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 2:00 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 2:00 A.M. and 12:00 Noon.
[Ord. No. 436 §10, 5-19-1997]
A. Every
person, corporation, partnership, or association licensed under this
Chapter as an adult entertainment business shall post such license
in a conspicuous place and manner on the adult entertainment facility
premises.
B. Every
person holding an adult entertainment server, manager or entertainer
license shall post his/her license in his/her work area on the adult
entertainment facility premises so it shall be readily available for
inspection by City authorities responsible for enforcement of this
Chapter.
[Ord. No. 436 §11, 5-19-1997]
A. An
adult entertainment manager shall be on duty at any adult entertainment
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. 436 §12, 5-19-1997]
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 be sure
the business is complying with all applicable regulations and laws.
[Ord. No. 436 §13, 5-19-1997]
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 license or the adult entertainment
manager, server 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
625.050(A); or
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
625.050(B), then the Chief of Police shall make this information known the 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. 436 §14, 5-19-1997]
A. A license
may be renewed by making application to the Chief of Police on application
forms provided for that purpose. Licenses shall expire on June thirtieth
(30th) of each calendar year, and renewal applications for such licenses
shall be submitted between June fifteenth (15th) and June thirtieth
(30th).
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.
C. If the application for renewal of a license is not made during the time provided in Subsection
(A), the expiration of such license shall not be affected and a new application shall be required.
[Ord. No. 436 §15, 5-19-1997]
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 Governing
Body may stay enforcement of such order for a period of time not to
exceed thirty (30) days pending the filing and/or final disposition
of proceedings for judicial review.
[Ord. No. 436 §16, 5-19-1997]
It shall be unlawful for any person to violate any of the provisions
of this Chapter. Upon conviction thereof, such person shall be punished
by a fine not exceeding five hundred dollars ($500.00), or be punished
by incarceration for a period not to exceed ninety (90) days, or by
both such fine and incarceration. Each day's violation of, or failure,
refusal or neglect to comply with, any provision of this Chapter shall
constitute a separate and distinct offense.
[Ord. No. 436 §17, 5-19-1997]
The Chief of Police and/or the City Administrator 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.