[Ord. No. 2018 § 6, 12-1-2005]
Unless specifically defined below, words or phrases used in
this article shall be interpreted so as to give them the same meaning
as they have in common usage and so as to give the most reasonable
application. For the purposes of this article, the following words
and phrases shall have the meanings respectively ascribed to them
by this section:
An establishment having ten percent (10%) or more of its
stock in trade in books, photographs, magazines, films for sale or
viewing on or off the premises by use of motion picture devices, video
players, DVD players, computers, or coin-operated means, or other
periodicals which are distinguished or characterized by their principal
emphasis on matters depicting, describing or relating to specified
sexual activities as said term is defined herein or the principal
purpose of which is to stimulate or arouse sexually the patron viewer
or reader.
Any live exhibition, performance, display or dance of any
type including, but not limited to, talking, singing, 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, unless otherwise
prohibited by ordinance, or in such attire, costume or clothing as
to expose to view any portion of human genitals, pubic region, vulva,
pubic hair, buttocks, female breast 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 bookstores, novelty stores and massage parlors or shops shall
be considered adult entertainment for purposes of this Chapter.
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 member.
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.
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 dance performed by an erotic dancer in an erotic dance
establishment that emphasizes or seeks to arouse or excite a patron's
sexual desires.
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.
An establishment which has a fixed place of business having
a source of income or compensation which is derived from the practice
of any method of pressure on or friction against or stroking, kneading,
rubbing, tapping, pounding, vibrating or stimulation of external parts
of the human body with the hands or with the aid of any mechanical
electric apparatus or appliances with or without such supplementary
aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams,
lotion, ointment or other similar preparations commonly used in the
practice of massage under such circumstances that is reasonably expected
that the person to whom the treatment is provided or some person on
his or her behalf will pay money or give any other consideration or
gratuity; provided that this term shall not include any establishment
defined in this code or operated or supervised by a medical or chiropractic
practitioner or professional physical or massage therapist licensed
by the State of Missouri.
The showing of the human male or female genitals, pubic area
or buttocks with less than a fully opaque covering, the showing of
the female breast with less than a full opaque covering of any part
of the nipple or areola or the showing of the covered male genitals
in a discernible turgid state.
Any person operating, conducting or maintaining an adult
entertainment business.
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, martial 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, plazas, 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
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 of apparent sexual stimulation or
gratification.
[Ord. No. 2018 § 6, 12-1-2005]
(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 facia evidence that any adult entertainment business
that fails to have posted, in the manner required by this article,
an adult entertainment business license, has not obtained such a license.
In addition, it shall be prima facia 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. 2018 § 6, 12-1-2005]
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. 2018 § 6, 12-1-2005]
(a)
The license year for all fees required under this article shall be
as stated in the City Code. The application for a license shall be
accompanied by payment in full 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 shall be as set forth in
the City Code.
[Ord. No. 2018 § 6, 12-1-2005]
(a)
Adult entertainment business application. All persons
desiring to secure a license to operate an adult entertainment business
under the provisions of this article shall make application with the
city clerk. 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 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 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 birth of all partners, if the applicant is a partnership;
and if the applicant is a corporation or limited liability company,
the same information for all corporate officers and directors, stockholders
or members who own more than ten percent (10%) or greater interest
in the corporation or limited liability company.
(4)
The addresses of the applicant, or of all partners, or of all
corporate officers, directors and members 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, directors and members; 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, members, 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, member
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 Missouri Criminal Code, or involved controlled substances or
illegal drugs or narcotics offenses as defined in the Missouri Controlled
Substance Act or other statutes or ordinances.
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The statement shall also indicate that the applicant, each partner
or each corporate officer, director or member 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 two (2) photographs, 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, directors
or members if the applicant is a corporation.
(9)
If the applicant is a corporation or limited liability company,
a current certificate of registration 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 article regulating adult
entertainment businesses.
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Failure to provide the information and documentation required
by this subsection shall constitute an incomplete application that
shall not be processed.
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(b)
Adult entertainment manager, server or entertainer's
license. All persons desiring to secure a license under the
provisions of this article to be an adult entertainment manager, server
or entertainer shall make a notarized application with the city clerk.
All applicants 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 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 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 article, 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:
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
Substance 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 two (2) photographs to be taken
by the Police Department of the applicant.
(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 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 city clerk; or
f.
Any other form of identification 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.
(1)
Upon receipt of a complete application for an adult entertainment
or an adult entertainment 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 building
commissioner. It shall be the duty of the chief of police or his 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. 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 building commissioner
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 building commissioner 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. Upon receipt of the
reports from the chief of police and the building commissioner, the
city clerk shall schedule the application for the consideration by
the board of aldermen at the earliest meeting consistent with the
notification requirements established by law, providing the licensed
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 of the date of filing of
a completed application with the city clerk's office. The applicant
shall be notified in writing of the date when the board of aldermen
will consider the application.
[Ord. No. 2018 § 6, 12-1-2005]
(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 city clerk
shall examine the application and after such examination, the city
clerk shall, if the applicant is qualified, approve a license as provided
for by law.
(b)
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. Licensed businesses shall have a copy of all photograph required by section 15-294(a)(8), above, attached thereto at all times. Licenses for managers, servers or entertainers shall have a copy of the photograph of the licensee required by section 15-294(b)(4), above, attached thereto at all times.
(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 that 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. 2018 § 6, 12-1-2005]
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 failed to supply all of the information requested
on the application.
(b)
The applicant gave materially false, fraudulent or untruthful
information on the application.
(c)
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 board of aldermen.
(d)
The applicant has been convicted of any felony or a misdemeanor
involving sexual misconduct.
(e)
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 of any felony or a misdemeanor
involving sexual misconduct.
(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 entertainment manager, server
or entertainer license revoked or suspended in this or any other city
during the past five (5) years.
[Ord. No. 2018 § 6, 12-1-2005]
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)
Interior restrictions.
(a)
It shall be unlawful for any erotic dancer to dance at a distance
of less than ten (10) feet from any patron or to touch any patron
while dancing.
(b)
It shall be unlawful for any erotic dancer to dance on a stage
that is not raised at least two (2) feet above the area on which the
patron or patrons sit or stand.
(2)
Age restriction. Only persons eighteen (18) years
of age or older shall be permitted on the premises of any adult entertainment
business.
(3)
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 and 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.
(4)
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.
(5)
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.
(6)
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 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 article 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 place such payment or gratuity into the entertainer's
hand.
(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, (unless otherwise permitted pursuant to Chapter 3, ALCOHOLIC BEVERAGES of this Code);
(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 article or any
other City ordinance provision or State law.
(7)
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 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 BELLEFONTAINE NEIGHBORS
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ENTERTAINERS ARE:
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*
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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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*
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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 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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*
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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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—
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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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—
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While such entertainer is not on the stage, by placing such
payment or gratuity into the entertainer's hand.
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CUSTOMERS ARE:
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*
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Not permitted to be upon the stage at any time.
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*
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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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(8)
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 to 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.
(9)
Closed booth or room prohibited. The premises of
all adult entertainment businesses shall be physically arranged in
such manner that the entire interior portions 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.
(10)
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.
(11)
Hours of operation. No adult entertainment
business may be open or in use between the hours of 1:30 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 1:30 a.m. and 12:00 noon.
[Ord. No. 2018 § 6, 12-1-2005]
(a)
Every person, corporation, partnership or association licensed under
this article 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 or her license in his or 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 article.
[Ord. No. 2018 § 6, 12-1-2005]
(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. 2018 § 6, 12-1-2005]
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. 2018 § 6, 12-1-2005]
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 the city code; or
(2)
There have been recurrent violations of provisions of this article
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; or
(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;
or
(4)
The adult entertainment business licensee 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; or
(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 15-196(a)(4); or
(6)
If 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 15-296(b)(2), then the city clerk shall conduct
a public hearing to determine whether the license should be suspended
or revoked. Based on the evidence produced at the hearing, the city
clerk 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 article occur during the period of probation. If a violation
does occur and after a hearing the violation is determined to have
actually occurred, license will be revoked for the remainder of the
license year.
(d)
Any action otherwise authorized in the city code not inconsistent
with this section.
[Ord. No. 2018 § 6, 12-1-2005]
(a)
A license may be renewed by making an application for renewal 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 to the
city clerk by November thirtieth (30th) of each license year.
(b)
Upon timely application and review as provided for a new license,
a license issued under the provisions of this article shall be renewed
by issuance of a new license in the manner provided in this article.
(c)
If the application for renewal of a license is not made during the
time otherwise provided in the Bellefontaine Neighbors City Code,
a new application shall be required.
[Ord. No. 2018 § 6, 12-1-2005]
Following the entry of an order by the city clerk, suspending
or revoking a license issued pursuant to this article, or disapproving
the renewal application for a license, such licensee or applicant
may seek administrative or judicial review in a manner provided by
law.
[Ord. No. 2018 § 6, 12-1-2005]
It shall be unlawful for any person to violate any of the provisions
of this article. Upon conviction thereof, such person shall be punished
by a fine not exceeding one thousand dollars ($1,000.00) 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 article
shall constitute a separate and distinct offense.
