A.
It is unlawful:
(1)
For any person to operate a sexually oriented business without
a valid sexually oriented business license issued by the City pursuant
to this chapter.
(2)
For any person who operates a sexually oriented business to
employ, contract with, arrange or allow or permit a person to work
for the sexually oriented business who is not licensed as a sexually
oriented business employee by the City pursuant to this chapter.
(3)
For any person to obtain employment with a sexually oriented
business without having secured a sexually oriented business employee
license pursuant to this chapter.
B.
An application for a license must be made on a form provided by the
City.
C.
All applicants must be qualified according to the provisions of this
chapter. The application may request and the applicant shall provide
such information (including fingerprints) as to enable the City to
determine whether the applicant meets the qualifications established
in this chapter.
A.
A person who wishes to operate a sexually oriented business must
sign the application for a license as an applicant. If a person other
than an individual wishes to operate a sexually oriented business,
all persons legally responsible for the operations of the sexually
oriented business or who have power to control or direct its operations
must sign the application for a license as applicant. Such persons
include, but are not limited to, general partners, corporate officers,
corporate directors, and controlling shareholder(s). Each application
must be qualified under the following section and each applicant shall
be considered a licensee if a license is granted.
B.
The completed application for a sexually oriented business license
shall contain the following information and shall be accompanied by
the following documents:
(1)
If the applicant is:
(a)
An individual, the individual shall state his/her legal name
and any aliases and submit proof that he/she is 19 years of age.
(b)
A partnership, the partnership shall state its complete name,
and the names of all partners, whether the partnership is general
or limited, and a copy of the partnership agreement, if any.
(c)
A corporation, the corporation shall state its complete name,
the date of its incorporation, evidence that the corporation is in
good standing under the laws of its state of incorporation, the names
and capacity of all officers, directors and controlling stockholders,
and the name of the registered corporate agent and the address of
the registered office for service of process.
(4)
Whether the applicant has had a previous license under this
chapter or other sexually oriented business ordinance from another
city or county denied, suspended or revoked, including the name and
location of the sexually oriented business for which the permit was
denied, suspended or revoked, as well as the date of the denial, suspension
or revocation, and whether the applicant has been a partner in a partnership
or an officer, director or principal stockholder of a corporation
that is licensed under this chapter whose license has previously been
denied, suspended or revoked, including the name and location of the
sexually oriented business for which the permit was denied, suspended
or revoked, as well as the date of denial, suspension or revocation.[2]
(5)
Whether the applicant holds any other licenses under this chapter
or other sexually oriented business ordinance from another city or
county and, if so, the names and locations of such other licensed
businesses.[3]
(6)
A description of each classification of sexually oriented business
for which the applicant submits an application for a license.
(7)
The location of the proposed sexually oriented business, including
a legal description of the property, street address, and telephone
number(s), if any.
(8)
The applicant's mailing address and residential address.
(9)
A recent photograph of the applicant(s).
(10)
The date, issuing state and number of driver's permit or
other identification card information for the applicant.
(11)
A sketch or diagram showing the configuration of the premises,
including a statement of total floor space occupied by the business.
The sketch or diagram need not be professionally prepared, but it
must be drawn to a designated scale or drawn with marked dimensions
of the interior of the premises to an accuracy of plus or minus six
inches.
(12)
A current certificate and straight-line drawing prepared within
30 days prior to application by a registered land surveyor depicting
the property lines and the structures containing any existing sexually
oriented businesses within 400 feet of the property to be certified;
the property lines of any established religious institution/synagogue,
school, or public park or recreation area within 400 feet of the property
to be certified. For purposes of this subsection, a use shall be considered
existing or established if it is in existence at the time an application
is submitted.
(13)
If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, videocassettes, compact discs, digital video discs or other video reproductions, or live entertainment which depicts specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in § 329-4.3.
A.
Before any applicant may be issued a sexually oriented business employee
license, the applicant shall submit on a form to be provided by the
City the following information:
(1)
The applicant's name or any other name (including "stage"
names) or aliases used by the individual;
(2)
Age, date, and place of birth;
(3)
Height, weight, hair and eye color;
(4)
Present residence address and telephone number;
(5)
Present business address and telephone number;
(6)
Date, issuing state and number of driver's permit or other
identification card information; and
(7)
Proof that the individual is at least 19 years of age.
B.
Attached to the application form for a sexually oriented business
employee license as provided above shall be the following:
(1)
A color photograph of the applicant clearly showing the applicant's
face, and the applicant's fingerprints on a form provided by the Police
Department. Any fees for the photographs and fingerprints shall be
paid by the applicant.
(2)
A statement detailing the license history of the applicant for
the five years immediately preceding the date of the filing of the
application, including whether such applicant previously operated
or is seeking to operate, in this or any other county, city, state,
or country or has ever had a license, permit, or authorization to
do business denied, revoked, or suspended, or had any professional
or vocational license or permit denied, revoked, or suspended. In
the event of any such denial, revocation, or suspension, state the
name of the issuing or denying jurisdiction, and describe in full
the reason for the denial, revocation, or suspension. A copy of any
order of denial, revocation, or suspension shall be attached to the
application.
(3)
A statement whether the applicant has been convicted of a specified
criminal activity as defined in this chapter and, if so, the specified
criminal activity involved, the date, place and jurisdiction of each.
A.
Employee licenses. Upon the filing of a application for a sexually
oriented business employee license, the City shall issue a temporary
license to said applicant. The application shall then be referred
to the appropriate City departments for an investigation to be made
on such information as is contained on the application. The application
process shall be completed within 30 days from the date the completed
application is filed. After the investigation, the City shall issue
a license, unless it is determined by a preponderance of the evidence
that one or more of the following findings is true:
(1)
The applicant has failed to provide information reasonable necessary
for issuance of the license or has falsely answered a question or
request for information on the application form;
(2)
The applicant is under the age of 19 years;
(3)
The applicant has been convicted of a specified criminal activity
as defined in this chapter;
(4)
The sexually oriented business employee license is to be used
for employment in a business prohibited by local or state law, statute,
rule or regulation, or prohibited by a particular provision of this
chapter; or
(5)
The applicant has had a sexually oriented business employee license revoked in this City or in any other jurisdiction within five years of the date of the current application. If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in § 329-3.9.
B.
A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the City that the applicant has not been convicted of any specified criminal activity as defined in this chapter or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in § 329-3.5.
C.
Business
licenses.
(1)
Within 30 days after receipt of a completed sexually oriented
business application, the City shall approve or deny the issuance
of a license to an applicant. The City shall approve the issuance
of a license to an applicant unless it is determined by a preponderance
of the evidence that one or more of the following findings is true:
(a)
An applicant is under 19 years of age.
(c)
An applicant has failed to provide information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application form.
(d)
The applicant has had a previous license under this chapter
or other sexually oriented business ordinance from another city or
county denied, suspended or revoked, including the name and location
of the sexually oriented business for which the permit was denied,
suspended or revoked, as well as the date of the denial, suspension
or revocation, and whether the applicant has been a partner in a partnership
or an officer, director or principal stockholder of a corporation
that is licensed under this chapter whose license has previously been
denied, suspended or revoked, including the name and location of the
sexually oriented business for which the permit was denied, suspended
or revoked, as well as the date of denial, suspension or revocation.[2]
(f)
The premises to be used for the sexually oriented business have
not been approved by the Health Department, Fire Department, and the
Building Official as being in compliance with applicable laws and
ordinances.
(g)
The license fee required by this chapter has not been paid.
(h)
An applicant of the proposed establishment is in violation of
or is not in compliance with any of the provisions of this chapter.
(2)
The license, if granted shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business and the classification for which the license is issued pursuant to § 329-2.2. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.
(3)
The Health Department, Fire Department, and the Building Official
shall complete their certification that the premises are in compliance
or not in compliance within 20 days of receipt of the application
by the City.
(4)
A single sexually oriented business license shall issue for the premises although there may be more than one classification of sexually oriented business for such premises as described pursuant to § 329-3.2B(6) of this chapter. In the event that the applicant wishes to add an additional category of sexually oriented business that is not described in the application for the premises, then a new application describing such additional classification of sexually oriented business must be submitted and a new license obtained for the premises before the additional sexually oriented business so described may be operated on the premises.
A.
Every application for a sexually oriented business license (whether
for a new license or for renewal of an existing license) shall be
accompanied by an application and investigation fee as set from time
to time by the City Council.
B.
In addition to the application and investigation fee required above,
every sexually oriented business that is granted a license (new or
renewal) shall pay to the City an annual license fee, as set from
time to time by the City Council, within 30 days of license issuance
or renewal.
C.
Every application for a sexually oriented business employee license
(whether for a new license or for renewal of an existing license)
shall be accompanied by an annual application, investigation, and
license fee as set from time to time by the City Council.
D.
All license applications and fees shall be submitted to the Clerk
of the City prior to the issuance of the license.
A.
An applicant or licensee shall permit representatives of the Police
Department, Health Department, Fire Department, Zoning Department,
or other City departments or agencies to inspect the premises of a
sexually oriented business for the purpose of ensuring compliance
with the law, at any time it is occupied or open for business.
B.
A person who operates a sexually oriented business or his agent or
employee commits a misdemeanor if he refuses to permit such lawful
inspection of the premises at any time it is open for business.
A.
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in §§ 329-3.1 through 329-3.3. Application for renewal shall be made at least 30 days before the expiration date; and when made less than 30 days before the expiration date, the expiration of the license will not be affected.
B.
When the City denies renewal of a license, the applicant shall not
be issued a license for one year from the date of denial. If, subsequent
to denial, the City finds that the basis for denial of the renewal
license has been corrected or abated, the applicant may be granted
a license if at least 90 days have elapsed since the date denial became
final.
The City shall suspend a license for a period not to exceed
90 days if it determines that a licensee or an employee of a licensee
has:
A.
The City shall revoke a license if a cause of suspension in § 329-3.8 occurs and the license has been suspended within the preceding 12 months.
B.
The City shall revoke a license if it determines that:
(1)
A licensee gave false or misleading information in the material
submitted during the application process;
(2)
A licensee has knowingly allowed possession, use, or sale of
controlled substances on the premises;
(3)
A licensee has knowingly allowed prostitution on the premises;
(4)
A licensee knowingly operated the sexually oriented business
during a period of time when the licensee's license was suspended;
(5)
Except in the case of an adult motel, a licensee has knowingly
allowed any act of sexual intercourse, sodomy, oral copulation, masturbation,
or other sex act to occur in or on the licensed premises; or
(6)
A licensee is delinquent in payment to the City, county, or
state for any taxes or fees past due, or payment for utility services.
C.
When the City revokes a license, the revocation shall continue for
one year and the licensee shall not be issued a sexually oriented
business license for one year from the date the revocation became
effective. If, subsequent to revocation, the City finds that the basis
for the revocation has been corrected or abated, the applicant may
be granted a license if at least 90 days have elapsed since the date
the revocation became effective.
A licensee shall not transfer his/her license to another, nor
shall a licensee operate a sexually oriented business under the authority
of a license at any place other than the address designated in the
application.
