[R.O. 1997 § 640.010; Ord. No.
2702 § 1, 3-2-2004]
For the purposes of this Chapter and unless the context plainly
requires otherwise, the following words or phrases shall have the
meaning set out herein:
Any person who performs any service on the premises of a
sexually oriented business, on a full-time, part-time, or contract
basis, whether or not the person is denominated an employee, independent
contractor, agent, or otherwise. "Employee" does not include a person
exclusively on the premises for repair or maintenance of the premises
or for the delivery of goods to the premises.
Any person who provides adult entertainment within a sexually
oriented business 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 which 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 sexually oriented business.
Any person on the premises of a sexually oriented business
who causes the business to function, puts or keeps the business in
operation, or is authorized to manage the business or exercise overall
operational control of the business premises. A person may be found
to be operating or causing to be operated a sexually oriented business
whether or not such person is an owner, part owner, or licensee of
the 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 a sexually oriented
business.
Includes:
An adult bookstore or adult video store. "Adult bookstore" or
"adult video store" means a commercial establishment which, as one
of its principal business activities, offers for sale or rental for
any form of consideration any one or more of the following: books,
magazines, periodicals, or other printed matter, or photographs, films,
motion pictures, video cassettes, compact discs, digital video discs,
slides, or other visual representations which are characterized by
their emphasis upon the display of specified sexual activities or
specified anatomical areas. A principal business activity exists where
the commercial establishment:
Has a substantial portion of its displayed merchandise which
consists of such items; or
Has a substantial portion of the wholesale value of its displayed
merchandise which consists of such items; or
Has a substantial portion of the retail value of its displayed
merchandise which consists of such items; or
Derives a substantial portion of its revenues from the sale
or rental, for any form of consideration, of such items; or
Maintains a substantial section of its interior business space
for the sale or rental of such items; or
Maintains an adult arcade. "Adult arcade" means any place to
which the public is permitted or invited wherein coin-operated or
slug-operated or electronically, electrically, or mechanically controlled
still or motion picture machines, projectors, or other image-producing
devices are regularly maintained to show images to five or fewer persons
per machine at any one time, and where the images so displayed are
characterized by their emphasis upon matter exhibiting specified sexual
activities or specified anatomical areas.
An adult cabaret;
An adult motion-picture theater. "Adult motion-picture theater"
means a commercial establishment where films, motion pictures, video
cassettes, slides, or similar photographic reproductions, which are
characterized by their emphasis upon the display of specified sexual
activities or specified anatomical areas are regularly shown to more
than five persons for any form of consideration;
A seminude model studio. "Seminude model studio" means a place
where persons regularly appear in a state of seminudity for money
or any form of consideration in order to be observed, sketched, drawn,
painted, sculptured, photographed, or similarly depicted by other
persons. Such definition shall not apply to any place where persons
appearing in a state of seminudity do so in a modeling class operated:
By a college, junior college, or university supported entirely
or partly by taxation;
By a private college or university which maintains and operates
educational programs in which credits are transferable to a college,
junior college, or university supported entirely or partly by taxation;
or
A sexual encounter center. "Sexual encounter center" means a
business or commercial enterprise that, as one of its principal purposes,
purports to offer for any form of consideration physical contact in
the form of wrestling or tumbling between two or more persons when
one or more of the persons is seminude.
Includes any of the following:
[R.O. 1997 § 640.020; Ord. No.
2702 § 1, 3-2-2004]
A.
It shall be unlawful for any person to operate or maintain a sexually
oriented business in the City unless the owner, operator or lessee
thereof has obtained a sexually oriented 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 sexually oriented business.
C.
It shall be prima facie evidence that any sexually oriented business
that fails to have posted, in the manner required by this Section,
a sexually oriented 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 a
sexually oriented business in which a sexually oriented license is
not posted, in the manner required by this Section, had knowledge
that such business was not licensed.
[R.O. 1997 § 640.030; Ord. No.
2702 § 1, 3-2-2004]
It is unlawful for any person to work as an entertainer, server
or manager at a sexually oriented business without first obtaining
a license to do so from the City or to work as an entertainer, server
or manager at sexually oriented business after such person's
license to do so has been revoked or suspended.
[R.O. 1997 § 640.040; Ord. No.
2702 § 1, 3-2-2004]
[R.O. 1997 § 640.050; Ord. No.
2702 § 1, 3-2-2004]
A.
Sexually Oriented Business License.
1.
All persons desiring to secure a license to operate sexually
oriented business under the provisions of this Chapter shall make
a notarized application with the City Clerk. All applications shall
be submitted in the name of the person proposing to conduct or operate
the sexually oriented business. All applications shall be submitted
on a form supplied by the City Clerk and shall require the following
information:
a.
The name, residence address, home telephone number, occupation,
date and place of birth and Social Security number of the applicant.
b.
The name of the sexually oriented 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 sexually oriented
business will be located.
c.
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, the same information for all
corporate officers and directors and stockholders who own more than
ten percent (10%) or greater interest in the corporation and all persons
with an ownership interest or who are actively engaged in management
decision of any other business entity.
d.
The addresses of the applicant or of all partners, members or
of all corporate officers and directors for the five (5) years immediately
prior to the date of application.
e.
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.
f.
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.
g.
Statement Related To Certain Convictions.
(1)
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:
(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.
(2)
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.
h.
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.
i.
If the applicant is a corporation, a current certificate of
registration issued by the Missouri Secretary of State.
j.
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 sexually
oriented businesses.
2.
Failure to provide the information and documentation required
by this Subsection shall constitute an incomplete application which
shall not be processed.
B.
Sexually Oriented Business Manager, Server Or Entertainer's
License.
1.
All persons desiring to secure a license under the provisions
of this Chapter to be a sexually oriented business 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 a sexually oriented business manager, server or entertainer.
All applications shall be submitted on a form supplied by the City
Clerk and shall require the following information:
a.
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.
b.
The name and address of each sexually oriented business where
the applicant intends to work as a manager, server or entertainer
and an intent to hire statement from a sexually oriented business
that is licensed, or that has applied for a license, under the provisions
of this Chapter, indicating the sexually oriented business intends
to hire the applicant to manage, serve or entertain on the premises.
c.
Statement Related To Certain Convictions.
(1)
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.
(2)
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.
d.
A full set of fingerprints and a photograph to be taken by the
Police Department of the applicant.
e.
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:
(1)
A motor vehicle operator's license issued
by any State bearing this applicant's photograph and date of
birth;
(2)
A State-issued identification card bearing the
applicant's photograph and date of birth;
(3)
An official and valid passport issued by the United
States of America;
(4)
An immigration card issued by the United States
of America;
(5)
Any other form of picture identification issued
by a governmental entity that is deemed reliable by the City Clerk;
or
(6)
Any other form of identification deemed reliable
by the City Clerk.
2.
Failure to provide the information required by this Subsection
shall constitute an incomplete application and shall not be processed.
C.
Application Processing.
1.
Upon receipt of a complete application for a sexually oriented
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 Code Enforcement
Officer. 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. 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 Code Enforcement
Officer to determine whether the structure where the sexually oriented
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 Code Enforcement Officer 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 Code Enforcement
Officer, the City Clerk shall schedule the application for the consideration
by the City Council at the earliest meeting consistent with the notification
requirements established by law, providing the license application
for a sexually oriented business and for a sexually oriented 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 City Council will consider the application.
[R.O. 1997 § 640.060; Ord. No.
2702 § 1, 3-2-2004]
A.
If the application for a sexually oriented business or a sexually oriented business manager, server or entertainer is in proper form and accompanied by the appropriate license fee, the City Council shall examine the application and after such examination, the City Council 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 City Council shall show the action taken on the
application, and if the license is granted, the City Council 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.
[R.O. 1997 § 640.070; Ord. No.
2702 § 1, 3-2-2004]
A.
No person is eligible nor shall a license be issued to:
1.
A sexually oriented 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 City Council.
d.
The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes or ordinance violations set forth in Section 640.050(A) during the time period set forth in said Section.
e.
The applicant has had a sexually oriented business license revoked
or suspended in this or any other City or jurisdiction during the
past five (5) years.
2.
An applicant for a sexually oriented business 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 a sexually oriented business license for any of the reasons stated in Subsection (A)(1) above;
b.
The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes or ordinance violations set forth in Section 640.050(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 has had a sexually oriented business manager,
server or entertainer license revoked or suspended in this or any
other City during past five (5) years.
[R.O. 1997 § 640.080; Ord. No.
2702 § 1, 3-2-2004]
A.
The following standards of conduct shall be adhered to by all sexually
oriented business licensees, their employees and all sexually oriented
business managers, servers and entertainers and patrons of sexually
oriented 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 sexually oriented
business.
3.
Exterior Observation. The premises of all sexually oriented
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 sexually oriented 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. No sign or other exterior
display shall be visible from any property being used for the following
purposes: residential, places of worship, public and private schools,
nursing homes, licensed day care for children, public parks, the County
library, and the primary highway entrances into the City (Highway
25, Highway 84 and U.S. Highway 412).
5.
Nudity Prohibited, Exceptions. No employee, server or entertainer
in a sexually oriented 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 a sexually oriented
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 a sexually oriented business
shall be visible from the exterior of the sexually oriented 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 an object which is at least ten (10) feet from 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 a sexually oriented business 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.
No person shall possess or consume alcoholic beverages on the
premises of a sexually oriented business.
7.
Signs Required. All sexually oriented 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-inch high, which
shall reads as follows:
|
THIS SEXUALLY ORIENTED BUSINESS IS REGULATED AND LICENSED BY
THE CITY OF KENNETT
| |
|
ENTERTAINERS ARE:
| |
|
•
|
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.
|
|
•
|
Not permitted to be nude, unclothed, or in less than opaque
attire, costume or clothing so as to expose to view any position 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 eighteen
(18) inches above the customer floor and a sufficient distance from
the customers to prevent the customers from touching the entertainers.
|
|
•
|
Not permitted to demand or collect any payment or gratuity from
any customer for entertainment, except as follows:
|
|
•
|
While such entertainer is on the stage, by placing such payment
or gratuity into a box affixed to an object at least ten (10) feet
from the stage; or
|
|
•
|
While such entertainer is not on the stage, by either placing
such payment or gratuity into the entertainer's hand.
|
|
CUSTOMERS ARE:
| |
|
•
|
Not permitted to be upon the stage at any time.
|
|
•
|
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.
|
|
•
|
Not permitted to possess or consume alcoholic beverages on the
premises.
|
8.
Lighting Required. The premises of all sexually oriented 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) 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.
9.
Closed Booth Or Room Prohibited. The premises of all sexually
oriented 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
sexually oriented 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 sexually oriented 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.
[R.O. 1997 § 640.090; Ord. No.
2702 § 1, 3-2-2004]
A.
Every person, corporation, partnership or association licensed under
this Chapter as a sexually oriented business shall post such license
in a conspicuous place and manner on the sexually oriented business
premises.
B.
Every person holding a sexually oriented business server, manager
or entertainer license shall post his/her license in his/her work
area on the sexually oriented business premises so it shall be readily
available for inspection by City authorities responsible for enforcement
of this Chapter.
[R.O. 1997 § 640.100; Ord. No.
2702 § 1, 3-2-2004]
A.
A sexually oriented business manager shall be on duty at any sexually
oriented 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 a sexually oriented business server's license and
that such licenses are prominently posted.
[R.O. 1997 § 640.110; Ord. No.
2702 § 1, 3-2-2004]
All sexually oriented 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.
[R.O. 1997 § 640.120; Ord. No.
2702 § 1, 3-2-2004]
A.
Whenever the City Clerk has information that:
1.
The owner or operator of a sexually oriented business or a holder
of a sexually oriented business manager, server or entertainer license
has violated or knowingly allowed or permitted the violation of any
of the provisions of this Chapter; or
2.
There have been recurrent violations of provisions of this Chapter
that have occurred under such circumstances that the owner or operator
of a sexually oriented business knew or should have known that such
violations were committed; or
3.
The sexually oriented business license or the sexually oriented
business manager, server or entertainer license was obtained through
false statements in the application for such license or renewal thereof;
or
4.
The sexually oriented business licensee or the sexually oriented
business 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 a sexually oriented business license has become disqualified from having a license by a conviction as provided in Section 640.050(A); or
6.
The holder of a sexually oriented business manager, server or entertainer license has become disqualified from having a license by a conviction as provided in Section 640.050(B), then the City Clerk shall make this information known to the City Council which shall 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 City Council may pass a resolution setting forth the procedures for the conduct of such hearings. Based on the evidence produced at the hearing, the City Council 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, license will be revoked for the remainder of the
license year.
[R.O. 1997 § 640.130; Ord. No.
2702 § 1, 3-2-2004]
A.
A license may be renewed by making application to the City Clerk
on application forms provided for that purpose. Licenses shall expire
on June 30 of each calendar year, and renewal applications for such
licenses shall be submitted between June 15 and June 30.
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.
[R.O. 1997 § 640.140; Ord. No.
2702 § 1, 3-2-2004]
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/or final disposition of proceedings
for judicial review.
[R.O. 1997 § 640.150; Ord. No.
2702 § 1, 3-2-2004]
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.
[R.O. 1997 § 640.160; Ord. No.
2702 § 1, 3-2-2004]
Each Section and provision of this Chapter are hereby declared
to be independent divisions and subdivisions and, not withstanding
any other evidence of legislative intent, it is hereby declared to
be the controlling legislative intent that if any provisions of said
Chapter or the application thereof to any person or circumstance is
held to be invalid, the remaining Sections or provisions and the application
of such Sections and provisions to any person or circumstances other
than those to which it is held invalid shall not be affected thereby,
and it is hereby declared that such Sections and provisions would
have been passed independently of such Section or provision so held
to be invalid.
