[Ord. No. 293 §1, 1-11-2001]
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:
ADULT ENTERTAINMENT
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 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.
ADULT ENTERTAINMENT BUSINESS
Any premises to which the public, patrons or members are invited or admitted including, but not limited to, adult media outlets, adult motion picture theaters or establishments wherein an entertainer provides "adult entertainment" (separately defined) to a member of the public, a patron or a member.
ADULT MEDIA
Magazines, books, videotapes, movies, slides, paraphernalia or other media which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (separately defined).
ADULT MEDIA OUTLET
An establishment that rents, sells or offers for viewing or other use any adult media and which meets at least one (1) of the following tests:
1. 
More than fifty percent (50%) of the gross floor area is devoted to adult media; or
2. 
More than fifty percent (50%) of the gross sales (including rentals) result from the sale or rental of adult media.
ADULT MOTION PICTURE THEATER
An enclosed building used for presenting or showing, for money consideration, movie or video films or pictures or other materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (separately defined) for observation by customers therein.
EMPLOYEE
Any and all persons, including managers, entertainers and independent contractors, who work in or at or render any services directly related to the operation of an adult entertainment business.
ENTERTAINER
Any person who provides adult entertainment within an adult entertainment business as defined in this Section, whether or not a fee is charged or accepted for entertainment.
MANAGER
Any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment business.
OPERATOR
Any person operating, conducting or maintaining an adult entertainment business.
PERSON
Any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity or other entity or group of persons however organized.
PUBLIC PLACE
Any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and automobiles whether moving or not.
SERVER
Any person who serves food or beverage at an adult entertainment business.
SPECIFIED ANATOMICAL AREAS
1. 
Uncovered or exposed human genitals, pubic region or pubic hair; or buttock; or female breast or breasts below a point immediately above the top of the areola or nipple; or any combination of the foregoing; or
2. 
Human male genitals in a discernible erect state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Sexual conduct, being actual or simulated, acts of human masturbation; sexual intercourse; or physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area, buttocks or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification.
[Ord. No. 293 §§2,9, 1-11-2001]
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. 
Every person, corporation, partnership or association licensed under this Chapter as an adult entertainment business shall post such license in a conspicuous place and manner on the adult entertainment facility premises.
C. 
It shall be 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.
D. 
Every person holding an adult entertainment server, manager or entertainer license shall post his/her license in his/her work area on the adult entertainment facility premises so it shall be readily available for inspection by City authorities responsible for enforcement of this Chapter.
E. 
It shall be prima facia evidence that any adult entertainment business that fails to have posted, in the manner required by this Section, 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. 293 §3, 1-11-2001]
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. 293 §4, 1-11-2001]
A. 
The license year for all fees required under this Chapter shall be from January first (1st) through December thirty-first (31st). The application for a license shall be accompanied by payment in full of the fee stated in this Section by certified or cashier's check or money order; and no application shall be considered complete until such fee is paid.
B. 
All licenses shall be issued for a specific location and shall be non-refundable and non-transferable.
C. 
The classification of licenses and fees for each shall be as follows:
1. 
Adult entertainment business license fee is twenty-five dollars ($25.00) per year;
2. 
Adult entertainment manager's license fee is twenty-five dollars ($25.00) per year;
3. 
Adult entertainer's license fee is twenty-five dollars ($25.00) per year;
4. 
Adult entertainment server's license fee is twenty-five dollars ($25.00) per year.
[Ord. No. 293 §5, 1-11-2001]
A. 
Adult Entertainment Business License. All persons desiring to secure a license to operate an adult entertainment business under the provisions of this Chapter shall make a verified 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 births of all partners, if the applicant is a partnership or limited liability partnership; the names, residence addresses, Social Security numbers and dates of births of all members, if the applicant is a limited liability company; and if the applicant is a corporation, the same information for all corporate officers and directors and stockholders who own more than ten percent (10%) or greater interest in the corporation.
4. 
The addresses of the applicant or of all partners, members or of all corporate officers and directors for the five (5) years immediately prior to the date of application.
5. 
A statement from the applicant or from all partners, members or from all corporate officers and directors whether any such person or entity, in previously operating in this or another City, County or State, has had a business license of any type revoked or suspended and, if so, the reason for the suspension or revocation and the business activity subjected to the suspension or revocation.
6. 
A statement of the business, occupation or employment of the applicant or of all partners or of all corporate officers and directors for the three (3) years immediately preceding the date of the application.
7. 
A statement from the applicant or from each partner or 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 Comprehensive Drug Control Act or the City's ordinances.
The statement shall also indicate that the applicant, each partner or member 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.
8. 
A full set of fingerprints and a photograph, to be taken by the Police Department, of the applicant or of all partners if the applicant is a partnership or limited liability partnership or of all members if the applicant is a limited liability company or of all corporate officers and directors if the applicant is a corporation.
9. 
If the applicant is a corporation, limited liability company or limited liability partnership, 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, that the information contained therein is true and correct, that the applicant has read the provisions of this Chapter regulating adult entertainment businesses and that the applicant authorizes any third (3rd) parties to release any and all information to the City as is necessary for the City to verify the accuracy of such information.
Failure to provide the information and documentation required by this Subsection shall constitute an incomplete application which shall not be processed.
B. 
Adult Entertainment Manager, Server Or Entertainer's License. All persons desiring to secure a license under the provisions of this Chapter to be an adult entertainment manager, server or entertainer shall make a verified 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:
1. 
The applicant's name, home address, home telephone number, date and place of birth, Social Security number and any stage names or nicknames used in entertaining.
2. 
The name and address of each adult entertainment business where the applicant intends to work as a manager, server or entertainer and an "intent to hire" statement from an adult entertainment business that is licensed or that has applied for a license, under the provisions of this Chapter, indicating the adult entertainment business intends to hire the applicant to manage, serve or entertain on the premises.
3. 
A statement from the applicant that the applicant has not been convicted of, released from confinement for conviction of or diverted from prosecution on:
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 Comprehensive Drug Control Act or the City's ordinances.
The statement shall also indicate that the applicant has not been convicted of a municipal ordinance violation or diverted from prosecution on a municipal ordinance violation within two (2) years immediately preceding the application where such municipal ordinance violation involved sexual offenses, indecent exposure, prostitution or sale of controlled substances or illegal drugs or narcotics.
4. 
A full set of fingerprints and a photograph, to be taken by the Police Department, of the applicant.
5. 
The applicant shall present to the City Clerk who shall copy documentation that the applicant has attained, at the time the application is submitted, the age of eighteen (18) years or, if the applicant is subject to the City's ordinances regarding sale of alcoholic beverages, twenty-one (21) years. Any of the following shall be accepted as documentation of age:
a. 
A motor vehicle operator's license issued by any State bearing the applicant's photograph and date of birth;
b. 
A state-issued identification card bearing the applicant's photograph and date of birth;
c. 
An official and valid passport issued by the United States of America;
d. 
An immigration card issued by the United States of America;
e. 
Any other form of picture identification issued by a governmental entity that is deemed reliable by the Police Chief; or
f. 
Any other form of identification deemed reliable by the Police Chief.
6. 
A statement signed under oath that the applicant has personal knowledge of the information contained in the application, that the information contained therein is true and correct, that the applicant has read the provisions of this Chapter regulating adult entertainment businesses and that the applicant authorizes any third (3rd) parties to release any and all information to the City as is necessary for the City to verify the accuracy of such information.
Failure to provide the information required by the Subsection shall constitute an incomplete application and shall not be processed.
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 a copy of the application to the Police Department and Public Works Director.
2. 
It shall be the duty of the Police Chief 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 Police Chief shall complete the investigation not later than thirty (30) working days from the date the complete application is received.
3. 
It shall be the duty of the Police Chief to consult with the Fire District and Public Works Director 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. The Police Chief shall report the results of his/her investigation to the City Clerk not later than thirty (30) working days from the date the complete application is received by the City Clerk.
4. 
Upon receipt of the reports from the Police Chief, the City Clerk shall schedule the application for consideration by the Governing Body at the earliest meeting consistent with the notification requirements established by law, provided the license application for an adult entertainment business and for an adult entertainment business manager, server or entertainer license shall be approved or disapproved within sixty (60) days from the date of filing of a completed application with the City Clerk. The applicant shall be notified in writing of the date when the Governing Body will consider the application.
[Ord. No. 293 §6, 1-11-2001]
A. 
If the application for an adult entertainment business or an adult entertainment business manager, server or entertainer is in proper form and accompanied by the appropriate license fee, the Governing Body shall examine the application and after such examination, the Governing Body shall, if the applicant is qualified, approve a license as provided for by law, provided a license shall not be approved to any person ineligible pursuant to Section 610.070.
B. 
Pending the approval or disapproval of a completed license application, a manager, server or entertainer shall be provided a temporary license to be a manager, server or entertainer. Such license shall automatically expire and become null and void upon the approval or disapproval of a permit. Any manager, server or entertainer issued a temporary permit shall comply with the provisions of this Chapter and such permit shall be withdrawn by the Governing Body in the event the licensee violates any provisions of this Chapter.
C. 
The record of the Governing Body in examining the application shall show the action taken on the application and if the license is granted the Governing Body shall direct the City Clerk to issue the proper license. The license shall state that it is not transferable to other persons and the calendar year for which it is issued. The license shall be kept posted in a conspicuous place in the place of business that is licensed or where the licensee is working.
D. 
If an application for a license is disapproved, the applicant shall be immediately notified by registered or certified mail to the applicant's last know address and the notification shall state the basis for such disapproval. Any applicant aggrieved by the disapproval of a license application may seek judicial review in a manner provided by law.
[Ord. No. 293 §7, 1-11-2001]
A. 
No person is eligible nor shall a license be issued to an adult entertainment business applicant if one (1) or more of the following conditions exist:
1. 
The applicant failed to supply all of the information requested on the application;
2. 
The applicant gave materially false, fraudulent or untruthful information on the application;
3. 
The applicant's proposed business premises does not comply with or meet the requirements of the applicable health, zoning, building code, fire and property maintenance ordinances of the City, provided, that upon a showing that the premises meets said requirements and that the applicant is otherwise qualified, the application shall be eligible for reconsideration by the Governing Body.
4. 
The applicant has been convicted, released from incarceration for conviction or diverted on any of the crimes set forth in Section 610.050 during the time period set forth in said Section.
5. 
The applicant has had an adult entertainment license revoked or suspended in this or any other City during the past five (5) years.
B. 
No person is eligible nor shall a license be issued to an applicant for an adult entertainment manager, server or entertainer license 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) above;
2. 
The applicant has been convicted, released from incarceration for conviction or diverted on any of the crimes set forth in Section 610.050 during the time period set forth in said 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, server or entertainer license revoked or suspended in this or any other City during the past five (5) years.
[Ord. No. 293 §8, 1-11-2001]
A. 
The following standards of conduct shall be adhered to by all adult entertainment business licensees, their employees and all adult entertainment business managers, servers and entertainers and patrons of adult entertainment businesses while on or about the premises of the business:
1. 
Age restriction. Only persons eighteen (18) years of age or older shall be permitted on the premises of any adult entertainment business.
2. 
Exterior observation. The premises of all adult entertainment businesses will be so constructed as to include an anteroom, foyer, partition or other physical barrier on all customer entrances that will insure the interior of the premises is not observable from the exterior of the building. In addition, all windows will be covered to prevent viewing of the interior of the building from the outside and all doorways not constructed with an anteroom or foyer will be covered so as to prevent observation of the interior of the premises from the exterior of the building.
3. 
Exterior display. No adult entertainment business will be conducted in any manner that permits the observation of live performers engaged in an erotic depiction or dance or any material or persons depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, from any exterior source by display, decoration, sign, show window or other opening.
4. 
Nudity prohibited.
a. 
No employee, server or entertainer in an adult entertainment business where liquor or alcoholic beverages are served shall appear nude, unclothed, in less that opaque attire or in any fashion that exposes to view any specified anatomical area.
b. 
No employee, server or entertainer in an adult entertainment business where liquor or alcoholic beverages are not served shall appear nude, unclothed, in less that opaque attire or in any fashion that exposes to view any specified anatomical area.
5. 
Certain acts prohibited.
a. 
No employee, server or entertainer shall perform any specified sexual activities as defined herein, wear or use any device or covering exposed to view which simulates any specified anatomical area, use artificial devices or inanimate objects to perform or depict any of the specified sexual activities as defined herein or participate in any act of prostitution.
b. 
No employee, server, entertainer or patron of an adult entertainment business shall knowingly touch, fondle or caress any specified anatomical area of another person or knowingly permit another person to touch, fondle or caress any specified anatomical area of such employee, server, entertainer or patron, whether such specified anatomical areas are clothed, unclothed, covered or exposed.
c. 
No employee, server or entertainer of an adult entertainment business shall be visible from the exterior of the adult entertainment business while such person is unclothed or in such attire, costume or clothing as to expose to view any specified anatomical area.
d. 
No adult entertainer shall solicit, demand or receive any payment or gratuity from any patron or customer for any act prohibited by this Chapter and no adult entertainer or someone acting in his/her behalf shall receive any payment or gratuity from any customer for any entertainment.
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 except as provided for in Chapter 600, 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 act of prostitution or patronizing prostitution on the premises; or
(4) 
Knowingly allow or permit a violation of this Chapter or any other City ordinance provision or State law.
(5) 
Signs required. All adult entertainment businesses shall have conspicuously displayed in the common area at the principal entrance to the premises a sign, on which uppercase letters shall be at least two (2) inches high and lowercase letters at least one (1) inch high, which shall read as follows:
THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED
AND LICENSED BY THE CITY OF COLE CAMP
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.
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.
(6) 
Lighting required. The premises of all adult entertainment businesses, with the exception of adult motion picture theaters, shall be equipped with overhead lighting of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than one (1) foot-candle as measured at the floor level and such illumination must be maintained at all times that any customer or patron is present in or on the premises.
(7) 
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.
(8) 
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.
(9) 
Hours of operation. No adult entertainment business may be open or in use between the hours of 1:30 A.M. and 6:00 A.M. on weekdays and between the hours of 1:30 A.M. Sunday and 6:00 A.M. Monday.
(10) 
Protective barrier required. Any adult entertainment business engaging in any live exhibition, performance, display or dance of any type constituting adult entertainment as defined in this Chapter shall erect a platform for use as a stage at least two (2) feet high on which the entertainer providing adult entertainment must be contained. Customers shall not be permitted within ten (10) feet of the entertainer. A protective barrier of plexiglass or other similar materials shall be erected from floor to ceiling to prevent customers from entering the area of the entertainer or touching the entertainer in any manner.
(11) 
Adult motion picture theaters. In addition to the other regulations set out in this Chapter, the following additional regulations shall apply to adult motion picture theaters:
(a) 
The aisles and hallways of any building used as an adult motion picture theater shall be constructed, located and maintained so that the whole length of any such aisle or hallway shall be open to view from the usual place occupied by the operator or cashier of such theater.
(b) 
Any booth, cubicle, room or stall in an adult motion picture theater used for the purpose of viewing of movie or video films or other pictures of specified sexual activity or specified anatomical areas shall be constructed so that the interior of such booth, cubicle or room shall be permanently made of or faced with metal, ceramic or other materials so as to prevent the penetration or cutting through of any hole or opening between adjacent booths, cubicles or rooms.
(c) 
Occupancy by more than one (1) person is prohibited. No cubicle, room or booth used for the purpose of private viewing of movies, video films or pictures of specified sexual activity or specified anatomical areas shall be occupied at any time by more than one (1) person.
[Ord. No. 293 §10, 1-11-2001]
A. 
An adult entertainment manager shall be on duty at an 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. 293 §11, 1-11-2001]
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. 293 §12, 1-11-2001]
A. 
Whenever the Police Chief has information that:
1. 
The owner or operator of an adult entertainment business or a holder of an adult entertainment manager, server or entertainer license has violated or knowingly allowed or permitted the violation of any of the provisions of this Chapter; or
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; 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 610.050; or
6. 
The holder of an adult entertainment manager, server or entertainer license has become disqualified from having a license by a conviction as provided in Section 610.050,
Then the Police Chief shall make this information known to the Governing Body, which upon ten (10) days' written notice to the person holding the license conduct a public hearing in the manner provided in this Chapter to determine whether the license should be suspended, revoked or the license holder placed on probation.
B. 
Based on the evidence produced at the public hearing, the Governing Body 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 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, the license will be revoked for the remainder of the license year.
[Ord. No. 293 §13, 1-11-2001]
A. 
In any instance in this Chapter wherein a hearing is required, the Governing Body shall, after no less than ten (10) days' written notice to the applicant or licensee, hold such hearing to ascertain all facts in the matter.
B. 
Notice of such hearing shall be in writing and shall set forth the reason for the hearing or the complaint against the licensee and shall be served upon the licensee in person or by registered or certified mail to the licensee's last known address. In the event that the Governing Body is unable to serve the adult entertainment business licensee in person and any notice sent by mail is returned by the postal service, the Governing Body shall cause such notice to be posted at the principal entrance of the adult entertainment business and such posting shall be a valid means of service.
C. 
At such hearing, an applicant or licensee shall have full right to be represented by counsel, to produce witnesses and other evidence and to cross-examine all witnesses who appear against him/her. Oral evidence shall be taken only upon oath or affirmation. All proceedings in such hearing shall be recorded and transcribed as required by law. The Governing Body may receive evidence relevant to the issues from the applicant or licensee. Witnesses may be subpoenaed and upon request of any party, the Governing Body shall issue subpoenas and in a proper case, subpoenas duces tecum, which shall be served and returned as in civil actions in Circuit Court.
D. 
The Governing Body shall issue findings of fact and conclusions of law and an order wherein it dismisses the complaint or suspends or revokes the license previously issued or renew or refuse to renew a license previously issued. The Governing Body's order shall be served upon the applicant or licensee in person or by registered or certified mail to the applicant's or licensee's last known address. In the event that the Governing Body is not able to serve such order upon the licensee or applicant for renewal license in the manner stated above, such order may be served by posting such order at the principal entrance of the adult entertainment business and such posting shall be a valid means of service.
[Ord. No. 293 §14, 1-11-2001]
A. 
A license may be renewed by making application to the Police Chief on application forms provided for that purpose. Licenses shall expire on December thirty-first (31st) of each calendar year and renewal applications for such licenses shall be submitted between December sixteen (16th) and December thirty-first (31st).
B. 
Upon timely application and review as provided for a new license, a license issued under the provisions of this Chapter shall be renewed by issuance of a new license in the manner provided in this Chapter unless the Governing Body disapproves such renewal application in the manner provided by Section 610.110.
C. 
Upon the filing of a timely application for renewal of a license issued under the provisions of this Chapter, the Governing Body shall issue a temporary license to the applicant, which temporary license shall remain in effect until the Governing Body has approved the application. If a hearing is held as required by Section 610.110, the temporary license shall remain in effect until the Governing Body has issued an order following such hearing. However, if the hearing required by Section 610.110 is delayed at the request of the applicant, the temporary license issued under the provisions of this Section shall expire as of the date such hearing was scheduled by the Governing Body, unless applicant shows good cause for such delay.
D. 
Any applicant issued a temporary license under the provisions of this Section shall comply or continue to comply with the provisions of this Chapter. Additionally, an applicant issued a temporary license or permit under the provisions of this Section shall be subject to penalty provisions provided in this Chapter.
E. 
If the application for renewal of a license is not made during the time provided in Subsection (A) of this Section, such license shall expire on December thirty-first (31st) and a new application shall be required.
[Ord. No. 293 §15, 1-11-2001]
Following the entry of an order by the Governing Body suspending or revoking a license issued pursuant to this Chapter or disapproving the renewal application for a license, such licensee or applicant may seek judicial review in a manner provided by law. The Governing Body may stay enforcement of such order for a period of time not to exceed thirty (30) days pending the filing and/or final disposition of proceedings for judicial review.
[Ord. No. 293 §16, 1-11-2001]
It shall be unlawful for any person to violate any of the provisions of this Chapter. Upon conviction thereof, such person shall be fined not less than one dollar ($1.00) nor more than five hundred dollars ($500.00) or be punished by incarceration for up to six (6) months, 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.