[R.O. 2004 § 630.010; Ord. No.
64 § 1, 2-13-2006]
The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning.
A person eighteen (18) years of age or older.
An establishment where, for any form of consideration, one
(1) or more still or motion picture projectors, slide projectors or
similar machines, for viewing by five (5) or fewer persons each, are
used to show films, motion pictures, videocassettes, digital video
discs (DVDs), slides or other photographic reproductions which are
characterized by an emphasis upon the depiction or description of
specified anatomical areas or specified sexual activities.
An establishment which has as a regular and substantial portion
of its stock-in-trade business or advertising to the sale, rental
or viewing, for any form of consideration, any one (1) or more of
the following: books, magazines, periodicals or other printed matter
or photographs, films, sculptures, motion pictures, videocassettes,
digital video discs (DVDs), slides or other visual representations
that are characterized by an emphasis upon the depiction or description
of specified anatomical areas or specified sexual activities. A business
will be presumed to be an adult bookstore or video store if more than
twenty-five percent (25%) of its retail value of merchandise or ten
percent (10%) of its display space consists of the above-mentioned
materials.
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 any premises, 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 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. In addition, said term shall mean the establishment of adult
arcades, adult bookstores or video stores and adult motion picture
theatres to which the public, patrons or members are invited or admitted.
Any premises, including parking lots, sidewalks or other
areas under the control or supervision of an adult entertainment business,
to which the public, patrons or members are invited or admitted for
patronage of adult arcades, adult bookstores or video stores or adult
motion picture theatres or wherein an entertainer provides any live
exhibition, performance, display or dance which constitutes adult
entertainment to a member of the public, a patron or member.
An establishment where, for any form of consideration, films,
motion pictures, videocassettes, digital video discs (DVDs), slides
or other similar photographic reproductions are shown and in which
a substantial portion of the total presentation time is devoted to
the showing of material characterized by an emphasis on the depiction
or description of specified anatomical areas or specified sexual activities.
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 business.
Any person who provides any live exhibition, performance,
display or dance which constitutes adult entertainment within any
adult entertainment premises, whether or not a fee is charged or accepted
for entertainment.
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.
A privately operated establishment where maintenance and
personal or nursing care is provided for persons who are aged, disabled
or chronically ill and need assistance in caring for themselves.
Any person operating, conducting or maintaining an adult
entertainment business.
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, marital community, joint venture, governmental
entity or other entity or group of persons, however organized.
Any area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots
and automobiles, whether moving or not.
Any person who serves food or drink at an adult entertainment
business.
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.
An establishment whose principal purpose is providing educational,
social or athletic activities for children.
[R.O. 2004 § 630.020; Ord. No.
64 § 1, 2-13-2006]
Any person who violates this Chapter, upon conviction, may be punished in accordance with Section 100.220 of the Duquesne City Code. In addition, the City may seek injunctive relief to enjoin repeated violations of this Code.
[R.O. 2004 § 630.030; Ord. No.
64 § 1, 2-13-2006]
A.
General Standards Of Conduct. The following standards of conduct,
in addition to any other standard of conduct described in this Article,
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. If the adult entertainment business serves intoxicating
beer or liquor by the drink for consumption on the premises, those
under twenty-one (21) are not allowed on the premises unless allowed
by State law.
2.
View Of Interior. The premises of all adult entertainment businesses
shall be so constructed as to ensure that the interior of the premises
is not observable from the exterior of the building. In addition,
all windows shall be covered to prevent viewing of the interior of
the building from the outside, and all doorways not constructed with
an anteroom or foyer shall be covered so as to prevent observation
of the interior of the premises from the exterior of the building.
3.
Exterior Displays. 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 from any exterior source by display, decoration,
sign, show window or other opening.
4.
Nudity Prohibited. 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, 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 specified sexual activities
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 Subsection 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 employee, server or entertainer shall appear with exposed
specified anatomical areas unless on a stage at least two (2) feet
elevated from the floor and at least ten (10) feet from any patron
or customer.
f.
No owner, operator, manager or other person in charge of the
premises of an adult entertainment premises shall:
(1)
Knowingly permit alcoholic beverages, intoxicating liquor or non-intoxicating beer to be brought upon or consumed on the premises, unless otherwise permitted pursuant to Chapter 600 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 Subsection
or any other City ordinance provisions or State law.
B.
Signs Required. All adult entertainment businesses, except those
operating exclusively as adult arcades, adult bookstores or video
stores or adult motion picture theatres, shall have conspicuously
displayed in the common area in the interior of the premises at the
principal entrance to the premises a sign, on which uppercase letters
shall be at least two (2) inches high and lowercase letters at least
one-inch high, which shall read as follows:
|
THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED AND LICENSED
BY THE CITY OF DUQUESNE
| ||
|---|---|---|
|
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 portion of the breasts
below the top of the areola or any portion of the pubic region, buttocks
and/or genitals.
| |
|
*
|
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 the stage, or
| |
|
—
|
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.
| |
|
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.
| |
C.
Lighting. 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-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.
D.
Closed Booths Or Rooms Prohibited. The premises of all adult entertainment
businesses shall be physically arranged in such manner that the entire
interior portion of any booths, cubicles, rooms or stalls is visible
from a common area of the premises. Visibility shall not be blocked
or obscured by doors, curtains, drapes or any other obstruction whatsoever.
E.
Sanitation. 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.
F.
Hours Of Operation. No adult entertainment business may be open or
in use between the hours of 10:00 A.M. and 10:00 P.M. on Monday through
Saturday and must be closed on Sundays.
[R.O. 2004 § 630.040; Ord. No.
64 § 1, 2-13-2006]
A.
An adult entertainment business manager shall be on duty at any adult
entertainment business at all times the premises are 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.
[R.O. 2004 § 630.050; Ord. No.
64 § 1, 2-13-2006]
All adult entertainment businesses shall permit representatives
of the Police Department and Fire Department or any other City Official
acting in his/her official capacity to inspect the premises during
normal business hours as necessary to ensure that the business is
complying with all applicable regulations and laws.
[R.O. 2004 § 630.060; Ord. No.
64 § 1, 2-13-2006]
Signs shall be permitted in accordance with the Duquesne City
Code, except that no portable signs shall be allowed and, further,
that the signs shall inform only of the establishment's name
and address and shall not depict or describe specific sexual activities
or specified anatomical areas as defined in this Chapter and, provided,
further, that flashing lights and traveling lights are not permitted
outside the building.
[R.O. 2004 § 630.070; Ord. No.
64 § 1, 2-13-2006]
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, manager or owner to
knowingly perform any work, service or entertainment directly related
to the operation of an unlicensed adult entertainment business.
C.
The failure to post an adult business license in the manner required
in this Section shall be prima facie evidence that an adult business
has not obtained such a license. In addition, it shall be prima facie
evidence that any entertainer, employee, manager or owner 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.
[R.O. 2004 § 630.075; Ord. No.
64 § 1, 2-13-2006]
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.
[R.O. 2004 § 630.080; Ord. No.
64 § 1, 2-13-2006]
A.
The license year for all fees required under this Section shall be
from each January 1 through December 31. The application for a license
shall be accompanied by payment in full of the fee stated in this
Section, and no application shall be considered complete until such
fee is paid.
B.
All licenses shall be issued for a specific location and fees shall
be non-refundable, and the license shall be non-transferable.
C.
The classification of licenses and fees for each shall be as follows:
1.
The adult entertainment business license fee is five hundred
dollars ($500.00) per year.
2.
The adult entertainment manager's license fee is twenty-five
dollars ($25.00) per year.
3.
The adult entertainer's license fee is twenty-five dollars
($25.00) per year.
4.
The adult entertainment server's license fee is twenty-five
dollars ($25.00) per year.
[R.O. 2004 § 630.090; Ord. No.
64 § 1, 2-13-2006]
A.
Business License.
1.
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 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:
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 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.
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 ten percent
(10%) or a greater interest in the corporation.
d.
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.
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 and whether any such person, 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.
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, been released from confinement for conviction of
or had suspended imposition or execution of sentence on or had prosecution
deferred on:
(1)
A felony criminal act within five (5) years immediately
preceding the application; or
(2)
A misdemeanor criminal act within three (3) years
immediately preceding the application; where such felony or misdemeanor
criminal act involved moral turpitude, sexual offenses, prostitution,
promotion of prostitution, sexual abuse of a child, pornography or
related offenses as defined in the Revised Statutes of Missouri or
involved controlled substances or illegal drugs or narcotics offenses
as defined in the Comprehensive Drug Control Act of 1989, Sections
195.005 through 195.425, RSMo., or other Statutes or ordinances. 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 had suspended imposition or execution of sentence
on or had prosecution deferred on a municipal ordinance violation,
within three (3) years immediately preceding the application, where
such municipal ordinance violation involved moral turpitude, 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 Missouri State Highway Patrol or other law enforcement agency,
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 or limited liability company,
a current certificate of registration issued by the 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 Section regulating adult
entertainment businesses.
2.
Failure to provide the information and documentation required
by this Subsection shall constitute an incomplete application, which
shall not be processed.
B.
Manager's, Server's Or Entertainer's License.
1.
All persons desiring to secure a license under the provisions
of this Section to be an adult entertainment manager, server or entertainer
shall make a notarized application with the City Clerk. 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 City Clerk and shall require
the following information:
a.
The applicant's name, home address, home telephone number,
date and place of birth and social security number and any stage names
or nicknames used in entertaining.
b.
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 Section, indicating that the adult entertainment business
intends to hire the applicant to manage, serve or entertain on the
premises.
c.
A statement from the applicant that the applicant has not been
convicted of, been released from confinement for conviction of or
had suspended imposition or execution of sentence on or had prosecution
deferred on:
(1)
A felony criminal act within five (5) years immediately
preceding the application; or
(2)
A misdemeanor criminal act within three (3) years
immediately preceding the application; where such felony or misdemeanor
criminal act involved moral turpitude, sexual offenses, prostitution,
promotion of prostitution, sexual abuse of a child, pornography or
related offenses as defined in the Revised Statutes of Missouri or
involved controlled substances or illegal drugs or narcotics offenses
as defined in the Comprehensive Drug Control Act of 1989, Sections
195.005 through 195.425, RSMo., or other Statutes or ordinances. The
statement shall also indicate that the applicant has not been convicted
of a municipal ordinance violation or had suspended imposition or
execution of sentence on or had prosecution deferred on a municipal
ordinance violation, within three (3) years immediately preceding
the application, where such municipal ordinance violation involved
moral turpitude, 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 Sheriff's Department, of the applicant.
e.
The applicant shall present to the City Clerk, who shall copy
such documentation, 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 the 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, which shall not be processed.
C.
Application Processing. Upon receipt of a complete application for
an adult entertainment manager's, server's or entertainer's
license, the City Clerk or his/her designee shall 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 City Clerk shall be allowed
twenty (20) days to conduct his/her investigation. If such application
is denied, the applicant may request, without cost, a hearing before
the Board of Aldermen who may, in their discretion, order such license
to be issued. Such hearing shall occur at the next meeting of the
Board. It shall be the duty of the City Clerk to determine whether
the structure where the adult business will be conducted complies
with the requirements and meets the standards of the applicable health,
zoning, building code, fire code and nuisance ordinances of the City.
[R.O. 2004 § 630.100; Ord. No.
64 § 1, 2-13-2006]
A.
The City Attorney shall examine an application for an adult entertainment
business license to determine if such application is true and not
defective, illegal or fraudulent or that the applicant or his/her
location is not disqualified. The City Attorney may undertake such
investigation as he/she deems appropriate, but shall conclude such
examination within twenty (20) days. After such examination, the City
Attorney shall approve the issuance of the license only if the appropriate
license fee has been paid, the applicant is qualified and all the
applicable requirements set forth in this Chapter are met. No license
shall be approved for any person ineligible pursuant to the provisions
in this Chapter. All incomplete applications shall be denied.
B.
The records of the City Attorney shall show the action taken on the
application and if the license is granted, the City Attorney shall
direct the City Clerk to issue the proper license. The adult business
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 person aggrieved by the disapproval of a license
application may seek judicial review in a manner provided by law.
[R.O. 2004 § 630.110; Ord. No.
64 § 1, 2-13-2006]
A.
Business License. An adult entertainment business license shall not
be issued if one (1) or more of the following conditions exist:
1.
The applicant's premises are located within one thousand
(1,000) feet of any school, church or hospital or any youth facility
or nursing home as defined in this Chapter or any licensed child care
center, public park or property zoned or used for residential purposes,
which are located within the City limits. Measurement shall be made
from property line to property line by the most direct walking route.
2.
The applicant's premises are located within one thousand
(1,000) feet of any other adult entertainment business for which there
is a license issued. Measurements shall be made from property line
to property line by the most direct walking route.
3.
The applicant's premises are located more than two hundred
fifty (250) feet from the right-of-way of Duquesne Road or Seventh
Street or Twentieth Street. Measurements shall be made from the nearest
portion of any building which houses such adult entertainment business
to the established right-of-way by the most direct walking route.
4.
The applicant knowingly or with reckless disregard failed to
supply all of the information requested on the application.
5.
The applicant gave materially false, fraudulent or untruthful
information on the application.
6.
The applicant's proposed business premises do not comply
with or meet the requirements of the applicable health, building code,
fire and nuisances ordinances of the City; provided that, upon a showing
that the premises meet such requirements and that the applicant is
otherwise qualified, the applicant shall be eligible for reconsideration.
8.
The applicant has had an adult business license revoked or suspended
in this or any other municipality during the past five (5) years.
9.
Only one (1) adult entertainment business may be operated in
any premises.
B.
Manager's, Server's Or Entertainer's License. An adult
entertainment business manager's, server's or entertainer's
license shall not be issued if one (1) or more of the following conditions
exist:
1.
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 (A) of this Section.
3.
The applicant failed to provide all of the information required
on the application.
4.
The applicant gave materially false, fraudulent or untruthful
information on the application.
5.
The applicant has had an adult entertainment manager's,
server's or entertainer's license revoked or suspended in
this or any other municipality during the past five (5) years.
[R.O. 2004 § 630.120; Ord. No.
64 § 1, 2-13-2006]
A.
Every person 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's, manager's
or entertainer's 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.
[R.O. 2004 § 630.130; Ord. No.
64 § 1, 2-13-2006]
A.
A license issued under this Chapter may be renewed by making application
to the City Clerk on application forms provided for that purpose.
Licenses shall expire on December 31 of each calendar year and renewal
applications for such licenses shall be submitted between November
1 and November 15.
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. 2004 § 630.140; Ord. No.
64 § 1, 2-13-2006]
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's, server's or
entertainer's 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's, server's or entertainer's license was obtained
through false statements in the application for such license or renewal
thereof;
4.
The adult entertainment business licensee or the adult entertainment
manager, 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 630.090;
B.
Whenever the City Clerk has information as listed in Subsection (A) of this Section, if such person is an adult entertainment manager, server or entertainer, the Chief of Police shall inform the City Attorney who may institute revocation proceedings in the Municipal Court. If such person is the holder of the adult business license, the City Clerk shall make this information known to the Board of Aldermen which, upon five (5) days' written notice to the person holding the license, shall conduct a public hearing to determine whether the license should be suspended or revoked. The Board of Aldermen may pass a resolution setting forth the procedures for the conduct of such hearings. Based on the evidence produced at the hearing, the Board of Aldermen may take any of the following actions:
1.
Suspend the license for up to ninety (90) days.
2.
Revoke the license for the remainder of the license year.
3.
Place the license holder on administrative probation for a period
of up to one (1) year, on the condition that no further violations
of this 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.
[R.O. 2004 § 630.150; Ord. No.
64 § 1, 2-13-2006]
Following the entry of an order by the Board of Aldermen suspending
or revoking a license issued pursuant to this Chapter, such licensee
or applicant may seek judicial review in a manner provided by law.
The Board of Aldermen 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.
