[Ord. 2012-332 (part); Ord. 2001-228 § 1(part)]
It is the purpose of this chapter to regulate sexually oriented
businesses to promote the health, safety and general welfare of the
citizens of the City of Davenport, and to establish reasonable and
uniform regulations to prevent the adverse secondary effects of sexually
oriented businesses. It is not the purpose of this chapter to impose
a limitation or restriction on the content of any form of expression
or communication. Similarly, it is not the intent of this chapter
to restrict or deny access by adults to sexually oriented materials
protected by the First Amendment.
Based on evidence concerning the adverse secondary effects of
adult uses on the community as presented to the City Council at meetings
and in reports and in studies conducted in other communities the City
Council finds:
Sexually oriented businesses lend themselves to ancillary unlawful
and/or unhealthy activities that are not controlled by the operators
of such establishments, particularly those which provide private or
semi-private booths, including sexual acts, masturbation, oral and
anal sex;
Offering and providing such space encourages such activity which
creates unhealthy, unsanitary conditions;
Persons frequent certain sexually oriented businesses for the
purpose of engaging in sex within the premises of such business;
At least 50 communicable diseases may be spread by activities
occurring in sexually oriented businesses, including, but not limited
to, syphilis, gonorrhea, human immunodeficiency virus infection, genital
herpes, hepatitis B, Non A, Non B, amebiasis, salmonella infections
and shigella infections;
Sanitary conditions in some sexually oriented businesses are
unhealthy, in part, because the activities conducted there are unhealthy,
and, in part, because of the unregulated nature of the activities
and the failure of the owners or operators to self-regulate those
activities and maintain the facilities in a sanitary condition;
Numerous studies have determined that semen is found in areas
of sexually oriented businesses where persons view adult entertainment;
Sexually oriented businesses have operational characteristics
which should be reasonably regulated in order to protect the surrounding
neighborhoods and community;
A reasonable licensing procedure is an appropriate mechanism
to place the burden of that reasonable regulation on the owners and/or
operators of sexually oriented businesses; further, such licensing
will place a heretofore nonexistent incentive on the owners and/or
operators to see that sexually oriented businesses are run in a manner
consistent with the health, safety and welfare of its patrons and
employees, as well as the citizens of the City of Davenport;
Requiring licensing of sexually oriented businesses and compliance
with the reasonable regulations imposed by a licensing scheme will
help reduce the incidence of certain types of criminal behavior, will
aid in the prevention of the spread of sexually transmitted diseases
and reduce the impact of adverse secondary effects on the neighborhoods
surrounding sexually oriented businesses;
The general health, safety and welfare of the citizens of the
City of Davenport will be promoted by the enactment of this ordinance.
[Ord. 2012-332 (part); Ord. 2001-228 § 1 (part)]
This chapter shall be known as the City of Davenport's "Adult
Entertainment Business Licensing Ordinance."
[Ord. 2012-332 (part); Ord. 2001-228 § 1 (part)]
For the purposes of this chapter, the following terms, phrases
and words shall have the meanings set forth herein.
A.
ADULT BOOTH – Shall mean any area of an adult establishment
that is set off from the remainder of such establishment by one or
more walls, partitions or other dividers and which is used to show,
exhibit, play, display or otherwise demonstrate any adult materials
or to view any live performance that is distinguished or characterized
by an emphasis on the exposure, depiction or description of any specified
anatomical areas or the performance or simulation of any specified
sexual activities.
B.
ADULT CABARET – Shall mean any commercial establishment that
as a substantial or significant portion of its business provides any
of the following:
1.
Persons who appear nude;
2.
Live performances that are distinguished or characterized by an emphasis
on the exposure, depiction or description of a specified anatomical
area or the performance or simulation of a specified sexual activity;
or
3.
Films, motion pictures, video or audio cassettes, slides, computer
displays or other visual representations, recordings, imagery, illustration
or depictment of any kind that are distinguished or characterized
by an emphasis on the exposure, depiction or description of any specified
anatomical area or the performance or simulation of any specified
sexual activity.
C.
ADULT ENTERTAINMENT BUSINESS LICENSE – Shall mean a license
issued to an adult establishment pursuant to the provisions of this
chapter.
D.
ADULT ESTABLISHMENT OR ADULT ENTERTAINMENT BUSINESS – Shall
mean an adult store, adult cabaret, adult theater, nude model studio,
sexual encounter center, adult model or escort agency.
E.
ADULT ESTABLISHMENT EMPLOYEE – Shall mean any individual, including
the manager(s) security, bartenders, waitresses, and all other persons
working at the establishment when it is open to adult establishment
patrons; but does not include any performer, entertainer, escort,
independent contractor, dancer or model, or persons whose presence
at the licensed establishment occurs only when the establishment is
not open to adult establishment patrons. This definition shall not
include persons delivering merchandise, food and beverages for sale
or rent by the adult establishment, or persons whose sole function
is to perform cleaning, maintenance or repairs to the licensed premises,
its fixtures or equipment.
F.
ADULT ESTABLISHMENT PATRON – Shall mean any individual, other
than an adult establishment employee or adult establishment performer,
present in or at any adult establishment open for business; or any
individual who solicits the services of or provides any form of consideration
to an escort or companion regardless of location in relation to an
adult business establishment premises. This definition shall not include
persons delivering merchandise, food and beverages for sale or rent
by the adult establishment, or persons performing maintenance or repairs
to the licensed premises, its fixtures or equipment.
G.
ADULT MATERIAL – Shall mean any of the following, whether new
or used:
1.
Books, magazines, periodicals, or other printed matter or digitally
stored materials, films, motion pictures, video cassettes, audio cassettes,
slides, computer displays or other visual or audio representations
or recordings of any kind, DVD, CD ROM, or similar item that is distinguished
or characterized by an emphasis on the exposure, depiction, description,
imagery or visual representation of any specified anatomical area
or the performance or simulation of any specified sexual activity.
2.
Instruments, novelties, devices or paraphernalia that are designed
for use in connection with specified sexual activities or that depict,
describe or portray specified anatomical areas; except that this definition
shall not include those items used for birth control or for the prevention
of sexually transmitted diseases.
H.
ADULT MOTEL – Shall mean any motel, hotel or similar business
that (1) offers accommodations to the public for any form of consideration;
and provides patrons with closed-circuit television transmission,
telephones, motion pictures, video cassettes, slides, or other material
that is characterized by the depiction or description of any specified
anatomical area or any specified sexual activity; and has a sign that
is visible from the public right-of-way that advertises the availability
of adult materials; or (2) offers a room or suite for consideration
for a period of time that is less than 10 hours; or (3) allows a tenant,
occupant or patron of a room or suite to sublet the room or suite
for a period of time that is less than 10 hours.
I.
ADULT STORE – Shall mean any commercial establishment that
(1) contains one or more adults booths, or (2) as a substantial or
significant portion of its business offers for sale, rental, exchange
or viewing any adult materials. Adult stores do not include commercial
establishments that offer for sale, rental, exchange or viewing any
adult materials as a sideline or adjunct to sales, rentals, exchanges
or viewings of materials other than adult materials. An adult store
that utilizes 25% of more of its floor space for the display of adult
materials but does not offer on-site adult entertainment shall be
licensed as a subclass adult store. Subclass adult stores may be located
in C-2 general commercial districts as well as all other districts
in which adult businesses may be sited. Subclass adult stores shall
only be required to pay the licensing fee required for a retail business
license and shall be issued a retail license and subclass adult store
license for that one fee if they otherwise meet the requirements for
obtaining a license.
J.
ADULT THEATER – Shall mean any commercial establishment that
as a substantial or significant portion of its business features or
provides films, motion pictures, video or audio cassettes, slides,
or other visual representations, recordings, imagery, illustration
or depictment of any kind that are distinguished or characterized
by an emphasis on the exposure, depiction or description of any specified
anatomical area or the performance or simulation of any specified
sexual activity.
K.
COMMERCIAL ESTABLISHMENT – Means any place where admission,
services, performances, or products are provided for or upon payment
of any form of consideration.
L.
ESCORT – Shall mean a person who, for pecuniary consideration,
agrees or offers to act as a companion, guide or date for another
person, or who agrees or offers to privately model lingerie or to
privately perform a striptease dance or otherwise perform or appear
before another person while nude in or about any place of public or
private resort or any private quarters or business premises.
M.
ESCORT AGENCY – Shall mean any person or business entity furnishing
or offering to furnish, or advertising to furnish escorts as one of
its business purposes, for a fee, tip or any other form of consideration.
N.
LICENSED PREMISES – Shall mean the place or location described
in an adult entertainment business license whereupon an adult entertainment
establishment is authorized to operate. No public rights-of-way shall
be included within the licensed premises.
O.
LICENSEE – Shall mean any person or business entity that has
been issued an adult entertainment business license pursuant to the
provisions of this chapter.
P.
NUDE MODEL STUDIO – Shall mean any place where a person who
appears nude is provided for the purpose of being sketched, drawn,
painted, sculptured, photographed or similarly depicted by any other
person who has paid money or any other form of consideration, barter
or exchange, or for whose benefit someone else has paid money or any
other form of consideration, barter or exchange, for the purpose of
being allowed to observe the person appearing nude being sketched,
drawn, painted, sculptured, photographed or similarly depicted. Nude
model studio does not include public or private colleges or universities
licensed by the state of Iowa that offer art, modeling or anatomical
drawing classes.
Q.
NUDE OR STATE OF NUDITY – Shall mean a state of dress or undress
that exposes to view (1) less than completely and opaquely covered
human genitals, pubic region, anus, or female breast below a point
immediately above the top of the areola, but not including any portion
of the cleavage exhibited by a dress, blouse, shirt, leotard, bathing
suit or other wearing apparel provided the areola is not exposed;
or (2) human male genitals in a discernibly turgid state even if completely
and opaquely covered, or any device that when worn, simulates human
male genitals in a discernibly turgid state.
R.
SEXUAL ENCOUNTER CENTER – Shall mean any business or commercial
establishment that, for consideration, offers (1) physical contact
in the form of wrestling or tumbling between persons of the opposite
sex, or (2) activities between two or more persons regardless of gender
when one or more of the persons is in a nude condition, or (3) where
two or more persons may congregate, associate or consort in connection
with specified sexual activities or specified anatomical areas, or
(4) where two persons may congregate, associate, or consort, in a
private room, suite, or similar enclosure, with one of the two persons
modeling lingerie, dancing in a sexually suggestive manner, or some
similar activity for the pleasure or entertainment of the other. Sexual
encounter center does not include a gymnastic, acrobatic, athletic
or similar demonstration or show that has been issued and holds a
valid public amusement license under Chapter 5.16 of the Code.
S.
SPECIFIED ANATOMICAL AREA – Shall mean any of the following:
1.
Less than completely and opaquely covered human genitals; pubic region;
buttocks; anus; or female breast below a point immediately above the
top of the areola but not including any portion of the cleavage exhibited
by a dress, blouse, shirt, leotard, bathing suit or other wearing
apparel provided the areola is not exposed;
2.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered or any device or covering that when worn, simulates
human male genitals in a discernibly turgid state.
T.
SPECIFIED CRIMINAL ACT – Shall mean any unlawful lewd, indecent
or immoral conduct, including but not limited to, any of the acts
specified in any of the following statutes or ordinances:
1.
Chapter 709 of the Code of Iowa, sexual abuse;
2.
Subsection 709A.1(2)(a) of the Code of Iowa, contributing to juvenile
delinquency;
3.
Section 710.1, Section 710.5, Section 710.8 and Section 710.10 of
the Code of Iowa, kidnapping, child stealing, harboring a runaway
child, enticing a child;
4.
Section 725.1, Section 725.2, Section 725.3 and Section 725.4 of
the Code of Iowa, prostitution, pimping, pandering and leasing a premises
for prostitution;
5.
Section 726.1 of the Code of Iowa, bigamy;
6.
Section 726.2 of the Code of Iowa, incest;
7.
Section 726.6 of the Code of Iowa, child endangerment;
8.
Chapter 728 of the Code of Iowa, obscenity;
9.
Subsection 124.401(1)(a), (b), and (c) of the Code of Iowa, controlled
substances;
10.
Chapter 9.12 of the Municipal Code of Davenport, Loitering for
Prostitution.
U.
SPECIFIED SEXUAL ACTIVITY – Shall mean any of the following:
1.
The fondling or touching of one person's human genitals, pubic region,
buttocks, anus or female breasts by another person;
2.
Sex acts, normal or perverted, actual or simulated, including without
limitation, cunnilingus, fellatio, anilingus, bestiality, intercourse,
oral copulation or sodomy;
3.
Masturbation, actual or simulated;
4.
Excretory or urinary functions as part of or in connection with any
of the activities set forth in paragraphs 1, 2, or 3 of this definition.
V.
STRADDLE DANCE – Shall mean the use by an adult establishment
employee or his or her body to touch the genitals, pubic region, buttocks,
anus or female breast of any adult establishment patron, or the touching
of genitals, pubic region, buttocks, anus or female breast of any
person by an adult establishment patron. Touching constitutes a straddle
dance regardless of whether the physical contact occurs while one
person is displaying or exposing a specified anatomical area or whether
the physical contact is direct or through a medium such as clothing.
The terms lap dance, table dance, and face dance shall be included
in the definition of straddle dance. This definition shall not apply
to emergency care providers, including emergency medical care providers,
health care providers, firefighters and peace officers while providing
emergency health care to a person at or in an adult establishment.
W.
(Reserved)
X.
SUBSTANTIAL OR SIGNIFICANT PORTION OF ITS BUSINESS – Shall
mean that 25% or more of the establishment's floor space is utilized
for the display of any adult material; or that one or more persons
appearing, performing or working in a state of nudity constitutes
a fundamental or essential part of or attraction of the business.
Regardless of the foregoing, any business establishment that advertises
or holds itself out as "XXX," "adult," or "sex" in conjunction with
adult material and/or nude appearances or performances is deemed to
meet the substantial or significant portion of its business standard.
Y.
ADULT ESTABLISHMENT PERFORMER – Shall mean any individual who
performs for, dances for, models for or similarly entertains an adult
establishment patron, including but not limited to escorts, performers,
entertainers, dancers, models, companions and similar persons, whether
independently contracted by or indirectly or directly employed by
an adult establishment. Adult establishment performer shall include
any person who displays specified anatomical areas or performs or
simulates specified sexual activity while in the premises of an adult
business or as an escort.
Z.
ADULT AMUSEMENT ARCADE – Shall mean an establishment having
as one of its principal uses one or more of the following: customer-operated
motion picture devices, peep shows, viewing areas, or similar devices
either coin, token or slug operated, or which in consideration of
an entrance fee, displays materials distinguished or characterized
by an emphasis on depictions of specified sexual acts or specified
anatomical areas.
[Ord. 2012-332 (part); Ord. 2001-228 § 1 (part)]
A.
An adult entertainment business license shall be required to establish, operate or maintain an adult establishment within the City. Except as provided in subsection 5.16.030B, it shall be unlawful for any person or entity not having a current and valid adult entertainment business license to establish, operate or maintain an adult establishment within the City.
B.
An adult establishment existing or operating on or prior to the effective
date may continue to exist and operate, provided, however, that the
existing establishment (1) shall submit an application for an adult
entertainment business license not less than 60 days after the effective
date or (2) shall cease operations not less than 240 days after the
effective date unless it has secured an adult entertainment business
license.
C.
An adult entertainment license may be renewed only by making application as required for an initial license pursuant to Section 5.16.040. An application for renewal shall be made at least 30 days before the expiration of the then-current licensed term. The expiration of a license shall not be affected or extended by a renewal application that is made less than 30 days before the expiration of the then-current licensed term.
D.
No person shall operate an adult establishment, adult entertainment
business or similar adult business in the City of Davenport except
that a person may operate, pursuant to this chapter, an adult bookstore,
adult theater or adult cabaret.
[Ord. 2012-332 (part); Ord. 2001-228 § 1 (part)]
A.
An application for an adult entertainment business license, or the
renewal thereof, shall be made in writing to the finance department
on a form prescribed by said department and shall be signed (1) by
the applicant, if the applicant is an individual; (2) by at least
one of the persons entitled to share in the profits of the organization
and having unlimited personal liability for the obligations of the
organization, and the right to bind all other such persons, if the
applicant is a partnership, joint venture, or any other type of organization
where two or more persons share in the organization's profits and
liabilities; (3) by a duly authorized agent, if the applicant is a
corporation; or (4) by the trustee, if the applicant is a land trust.
The application shall be verified by oath or affidavit as to the veracity
of all statements made on or in connection with the application and
any attachments thereto. Each application shall specifically identify
the applicant and the licensed premises for which the adult entertainment
business license is sought.
B.
Every application for an adult entertainment business license, or for the renewal of an existing adult entertainment business license shall be accompanied by a license fee in the amount of $500. Additionally, a $110 administrative processing fee must be remitted for each individual disclosed in the application pursuant to Section 5.16.040D1, D2 and D14, and for every adult establishment employee identified pursuant to Section 5.16.040 D15. License fees and administrative processing fees are nonrefundable.
C.
Every adult entertainment business license, and any renewals thereof, shall be conditioned on the acquisition and maintenance in good standing by the applicant or licensee of a surety bond or other similar security in favor of the City in the amount of $2,500. Before an adult entertainment business license may be issued, the applicant shall furnish such bond or security, and before an adult entertainment business license is renewed or reinstated following revocation or suspension, the licensee shall submit evidence that the bond or security, in the amount required pursuant hereby, remains in full force and effect. The bond or other security, or part thereof, for an adult entertainment business license shall be forfeited automatically pursuant to Section 5.16.190 of this chapter in order to reimburse the City for costs associated with the proceedings related to a license suspension or revocation.
D.
Each application shall include the following information and documents:
1.
a.
Individuals. The applicant's legal name, all of the applicant's
aliases, the applicant's residence and business addresses, the applicant's
social security number, and driver's license number, written proof
of the applicant's age, the place of birth and citizenship of the
applicant and, if a naturalized citizen, the time and place of the
applicant's naturalization.
b.
Corporations. The applicant corporation's complete name and
official business address; the legal name, all aliases, and the ages,
residence and business addresses, social security number and driver's
license number of all directors, officers and managers of the corporation,
and of every person or entity owning or controlling more than 50%
of the voting shares of the corporation; the corporation's date and
place of incorporation and the objects for which it was formed; proof
that the corporation is a corporation in good standing and authorized
to conduct business in the state of Iowa; and the name, address and
telephone number of the registered corporate agent for service of
process.
c.
Partnerships, joint ventures, etc. The applicant organization's
complete name and official business address, the legal name, all aliases,
and the ages, residence and business addresses, social security number
and driver's license number of each partner or any other person entitled
to share in the profits of the organization, whether or not such person
is also obligated to share in the liabilities of the organization.
d.
Land trusts. The applicant land trust's complete name; the legal
name, all aliases, and the ages, residence and business addresses,
social security and driver's license number of each trustee and beneficiary
of the land trust and the specific interest of each such beneficiary
in the land trust; and the interest, if any, that the land trust holds
in the licensed premises;
2.
If a corporation or a partnership is an interest holder that must
be disclosed pursuant to Sections 5.16.040D1, D1c or D1d above, then
such interest holders shall disclose the information required by those
subsections with respect to their interest holders.
3.
The general character and nature of the business of the applicant.
4.
The length of time that the applicant has been in the business of
the character specified in response to Section 5.16.040D3 above.
5.
The location, street address, legal description and telephone number
of the premises for which the adult entertainment business license
is sought.
6.
The specific name of the business that is to be operated under the
adult entertainment business license.
7.
The identity of the fee simple owner of the property on which the
licensed premises is located.
8.
A diagram showing the internal and external configuration of the licensed premises, including all doors, windows, entrances, exits, the fixed structural internal features of the premises, plus interior rooms (identifying the use to which each room will be put), walls, partitions, stages, performance areas, and restrooms. The diagram shall also designate the precise location in the licensed premises where the adult entertainment business license will be posted as required by Section 5.16.100N. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; provided, that each diagram shall be oriented to the north and some designated street or other structure, and shall be drawn to its designated scale or with marked dimensions to an accuracy of plus or minus six inches and sufficient to clearly show the various interior dimensions of all areas of the licensed premises. The requirements of this subsection shall not apply for renewal applications provided the applicant adopts a diagram that was previously submitted for the license sought to be renewed and provided the applicant certifies that the licensed premises has not been altered since the immediately preceding issuance of the license and that the previous diagram continues to accurately depict the interior and exterior layout of the licensed premises. The approval or use of the diagram required by this chapter shall not be deemed to be, and shall not be considered or interpreted or construed to constitute any other City approval otherwise pursuant to applicable City code, ordinances or regulations.
9.
The names of each governmental body from which, within the last five
years immediately preceding the date of the present application, the
applicant, or any of the individuals or entities identified in the
application pursuant to Sections 5.16.040D1 and D2 above, has received
a license or other authorization to conduct or operate a business
(a) substantially the same as an adult entertainment business, and
the names and addresses of each such business; (b) requiring a federal,
state or local liquor license, and the names and addresses of each
such business; or (c) requiring a federal, state or local gaming license,
and the names and addresses of each such business.
10.
The specific type or types of adult entertainment business establishment
that the applicant proposes to operate in the licensed premises.
11.
A copy of each adult entertainment business license, liquor
license and/or gaming license currently held by the applicant or any
of the individuals identified in the application pursuant to Sections
5.16.040D1 and D2.
12.
Whether the applicant or any of the individuals identified in
the application pursuant to Sections 5.16.040D1 and D2 above, within
the five years immediately preceding the date of the application,
has been convicted, pleaded nolo contendere to, or is currently charged
with committing, by indictment or information, any specified criminal
act. As to each conviction, plea or charge, the applicant or other
individual shall provide the conviction date or plea date, the case
number, the nature of the misdemeanor or felony violation, the name
and location of the court in which the case was handled and, if a
felony conviction, the date upon which the applicant's or other person's
rights were restored by the governor together with a copy of said
restoration of rights.
13.
Whether the applicant or any of the individuals identified in
the application pursuant to Sections 5.16.040D1 and D2 above, has
had a license or other authorization to conduct or operate a business
substantially the same as an adult entertainment business or any business
requiring a liquor or gaming license, revoked or suspended; and, if
so, the date and grounds for each such revocation or suspension, the
name and address of the location of the establishment at issue and
the name of the governing body that took administrative action to
suspend or revoke said license.
14.
The name, residential address and telephone number of the individual
or individuals who shall be the day-to-day on-site managers of the
proposed adult entertainment business establishment. If the manager
is a person other than the applicant, the applicant shall provide,
for each manager, all of the information required pursuant to Sections
5.16.040D1, D9, D11, D12 or D13 above.
15.
For the individual or individuals executing the application pursuant to Section 5.16.040A of this chapter, and for the individual or individuals identified in Section 5.16.040D1, D2 and D14 a fully executed waiver on a form prescribed by the City to obtain criminal conviction information based upon fingerprint identification pursuant to the Iowa Code and Section 5.16.040E below.
E.
Each application shall include the following information and documents:
1.
Prior to the issuance of a license, the applicant and all persons
required to be identified in Sections 5.16.040D1, D2 and D14 shall
be photographed and fingerprinted by the Davenport police department,
said fingerprinting to be used in connection with obtaining the person's
criminal history information. No license shall be issued until such
time as the photographing and fingerprinting have been completed.
2.
If at any time after the issuance of a license or during the course of consideration of an application filed pursuant to this chapter, the composition of the partnership or corporation changes from that stated in Section 5.16.040D, or if a new manager or other adult establishment employee is employed, the applicant or licensee shall cause the new persons to be identified as would otherwise be required by this code for an application, and to be photographed and finger-printed, and that information, together with the waiver form required by Section 5.16.040D15 shall be submitted to the finance department within five days of the change or new employment.
3.
Notice of any change contemplated by Section 5.16.040E3 above, after
the issuance of a license, shall be given to the finance department
within five days of the change. Failure to give the notice shall constitute
good and sufficient basis for revoking or suspending the license.
4.
Failure to comply with the provisions of this section shall constitute
good and sufficient basis or revoking or suspending a license or if
such license has not yet been issued, to refuse the issuance of the
license. Failure to comply with the provisions of this section shall
also be cause to refuse to renew a license.
F.
Any application for an adult entertainment business license that does not include all of the information and documents required pursuant to subsection 5.16.040D, as well as the administrative processing fees and bond or other security required by subsections 5.16.040B and C above, shall be deemed to be incomplete and shall not be acted upon or processed by the City. The finance department shall, within five days of the submission of an incomplete application, return the application to the applicant, along with a brief written explanation of the reason or reasons why the application is not complete.
[Ord. 2012-332 (part); Ord. 2001-228 § 1 (part)]
A.
Within five days after the receipt of a completed application for
an adult entertainment business license that includes all of the information
and documents required as well as the administrative processing fees
and bond or other security, the finance department shall transmit
a copy of the application and attachments to the fire department,
the zoning and land use department and the police department (the
reviewing departments).
B.
Each reviewing department shall, within 14 days after the transmittal of the application (1) review the application; (2) conduct such inspections of the proposed licensed premises and the background and criminal history investigations of the applicant and all individuals identified in the application pursuant to Section 5.16.040D regarding the matters within their respective jurisdictions, as shall be reasonably necessary to verify the information set forth in the application and to determine whether the proposed adult entertainment business and licensed premises comply with the requirements of this chapter and other applicable laws, codes, ordinances, rules and regulations; and (3) prepare and submit to the finance department a written report regarding the results and findings of such reviews, inspections and investigations, including an explanation of the specific reasons the applicable laws and regulations if the written report recommends disapproving the license.
C.
In the event that the licensed premises has not yet been constructed
or reconstructed to accommodate the proposed adult entertainment business,
the reviewing departments shall base their respective written reports,
investigations and inspections, to the extent necessary, on the diagrams
submitted pursuant to subsection 5.16.040D8. Any adult entertainment
business license issued prior to the construction or reconstruction
necessary to accommodate the adult entertainment business shall contain
a condition that the adult entertainment establishment shall not be
open for business until the licensed premises has been inspected and
determined to be in substantial compliance with the diagram submitted
with the application.
D.
An applicant for an adult entertainment business license shall cooperate
fully in the inspections and investigations conducted by the reviewing
departments. The applicant's failure or refusal (1) to give any information
reasonably relevant to the investigation of the application; (2) to
allow the licensed premises to be inspected; (3) to appear at any
reasonable time and place for examination under oath regarding the
application; or (4) to otherwise be uncooperative with an investigation
or inspection required by this chapter, shall constitute an admission
by the applicant that the applicant is ineligible for an adult entertainment
business license and shall be good and sufficient basis for denial
of the license by the City.
E.
The finance department shall, within 30 days after the submission of a properly completed application either issue an adult entertainment business license pursuant to Section 5.16.060 of this chapter or shall deny the issuance of a license based upon the recommendation of the reviewing departments.
[Ord. 2012-332 (part); Ord. 2001-228 § 1(part)]
A.
Issuance. The finance department shall issue or deny an adult entertainment
business license to an applicant based upon the reports, investigations
and inspections and recommendations of the reviewing departments and
on any other credible information on which it is reasonable for the
City to rely:
1.
All information and documents required by Section 5.16.040 have been properly provided and the information and statements in the application are true and correct;
2.
All persons identified in the application pursuant to Sections 5.16.040D1,
D2 and D14 are at least 21 years of age and not under any legal disability;
3.
No person identified pursuant to Section 5.16.040D1, D2, D, or D15
has been convicted of or pleaded nolo contendere to a specified criminal
act within the five years immediately preceding the date of the application;
4.
No person identified pursuant to Section 5.16.040D1, D2, D14 or D15
has been convicted of or pleaded nolo contendere to any violation
of this chapter within the five years immediately preceding the date
of the application;
5.
No person identified in the application pursuant to Section 5.16.040D1,
D2 and D14 is overdue on payment to the City of taxes, fees, fines
or penalties assessed against or imposed on, any such individual;
6.
No person identified in the application pursuant to Section 5.16.040D1,
D2 and D14 is residing with, married to or a person (1) who has been
denied an adult entertainment business license within 12 months immediately
preceding the date of the application; (2) whose adult entertainment
business license has been revoked within 12 months immediately preceding
the date of the application; or (3) whose adult entertainment business
license is under suspension at the time of the application.
7.
The adult establishment and licensed premises, and the proposed operation
of the adult entertainment business comply with all then-applicable
building, zoning, health and safety codes and regulations;
8.
The applicant has confirmed in writing and verified under oath as
part of the application that the applicant has read this chapter and
all provisions of the City zoning regulations applicable to adult
entertainment establishments, and is familiar with their terms and
conditions; and that the licensed premises and the proposed adult
entertainment business are and shall be in compliance therewith;
9.
The applicant owner or at least one of the day-to-day on-site managers
resides within Scott County, Iowa, or Rock Island County, Illinois.
B.
Denial. If the City determines that the applicant has not met one or more of the conditions set forth in Section 5.16.060A above, then the finance department shall deny issuance of the adult entertainment business license and shall give the applicant a written notification and explanation of such denial. The notice of denial shall be delivered in person or by certified mail, return receipt requested, addressed to the applicant's address as set forth in the application. The adult entertainment business license shall be deemed denied on the day the notice of denial is delivered in person or three days after it is placed in the U.S. mail as provided by this subsection.
[Reserved by Ord. 2012-332 (part)]
[Ord. 2012-332 (part); Ord. 2001-228 § 1 (part)]
A.
The finance department, reviewing departments and other City representatives
shall inspect all adult establishments as may be necessary to determine
compliance with the provisions of this chapter prior to license issuance
and may periodically inspect for the purpose of determining continuing
compliance with this chapter.
B.
The license shall permit City representatives to inspect the licensed
premises and the adult establishment for the purpose of determining
compliance with the provisions of this chapter and all other applicable
laws at any time during which the licensed premises is occupied or
an adult establishment patron is on the premises.
C.
It shall be unlawful for the licensee, any adult entertainment employee,
or any other person to prohibit, interfere with or refuse to allow
any lawful inspection conducted by City representatives pursuant to
this chapter or any other chapter of the City code.
E.
It shall be unlawful for any person to operate any kind of warning
device, alarm, siren or other similar system for the purpose of warning
or aiding and abetting the warning of any adult establishment employee,
adult establishment patron or other person that City representatives
are approaching or have entered the licensed premises.
[Ord. 2012-332 (part); Ord. 2001-228 § 1 (part)]
During the pendency of any application for, or during the term of, any adult entertainment business license, the applicant or licensee shall promptly notify the finance department in writing (1) of any change in any information given by the applicant or licensee in the application for or renewal of such license, including but not limited to any change in managers of the adult entertainment establishment, or any individuals identified in the application pursuant to Section 5.16.040D1, D2 or D14 of this chapter; or (2) if the events constituting grounds for suspension or revocation pursuant to Section 5.16.190 of this chapter occur.
[Ord. 2012-332 (part); Ord. 2001-228 § 1 (part)]
A.
General Compliance. All licensed premises and adult establishments
shall comply with the provisions of this chapter, all other applicable
City ordinances, resolutions, rules and regulations, and all other
applicable federal, state and local laws.
B.
Hours of Operation. Adult establishments shall close by 3:00 a.m.,
on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays and shall
not reopen for business until after 9:00 a.m. Adult establishments
shall close by 4:00 a.m., on Saturdays and Sundays and shall not reopen
for business until after 9:00 a.m.
C.
Restrooms. Separate male and female restrooms shall be provided for
and used by adult establishment employees and adult establishment
patrons.
D.
Restricted Access. No adult establishment patron shall be permitted
to enter any of the nonpublic portions of any adult establishment
at any time, including without limitation, any storage areas or dressing
rooms or other rooms provided for the benefit of adult establishment
employees and performers. This subsection shall not apply to persons
delivering merchandise, food and beverages, or performing maintenance
or repairs to the licensed premises, provided however, that any such
persons shall remain in such nonpublic areas only for the purposes
and to the extent necessary to perform their employment duties. This
subsection shall not apply to persons interviewing for employment
as adult establishment employees or performers provided such persons
remain in such nonpublic areas only for the purpose of interviewing
and to the extent necessary for interviewing.
E.
Specific Prohibited Acts.
1.
No adult establishment patron or any other person at any adult establishment,
other than an adult establishment employee employed to provide adult
entertainment in accordance with the regulations of this chapter,
shall appear, be present, or perform while nude; provided however,
that no such adult establishment employee shall appear, be present,
or perform while nude at any adult establishment that otherwise serves
alcoholic liquor, beer or wine pursuant to a license issued under
Chapter 5.10 of the Municipal Code of Davenport.
2.
No adult establishment employee or any other person at any adult
establishment shall perform or conduct any specified sexual activities
with or for any adult establishment patron or any other adult establishment
employee or any other person. No adult establishment patron or any
other person at any adult establishment shall perform or conduct any
specified sexual activity with or for any adult establishment employee
or any other adult establishment patron or any other person.
F.
Exterior Display. No adult establishment shall be maintained or operated
in any manner that causes, creates, or allows public viewing of any
adult material, or any entertainment depicting, describing or relating
to specified sexual activities or specified anatomical areas, from
any public rights-of-way or private property other than the lot on
which the licensed premises is located. No portion of the exterior
of an adult establishment shall utilize or contain any flashing lights,
search lights, spotlights, or other similar lighting systems; or any
words, lettering, photographs, silhouettes, drawings or pictorial
representations of any manner except to the extent allowed pursuant
to subsection G of this section with regard to signs. This subsection
shall apply to any advertisement, display, promotional material, decoration,
sign, performance, show, and to any window, door or other opening
to the adult establishment.
G.
Signage. All signs for adult establishments shall be flat wall signs.
The maximum allowable sign area shall be one square foot of sign area
per foot of lot frontage on the street, but under no circumstances
may a sign exceed 32 square feet. The maximum number of signs shall
be one per lot frontage. Signs otherwise permitted pursuant to this
subsection shall contain only (1) the name of the adult establishment
conducted on the licensed premises, and/or (2) the specific type of
adult entertainment business conducted on the licensed premises. Temporary
signage and banner signage shall not be permitted in connection with
any adult establishment.
H.
Noise. No loudspeakers or sound amplification equipment audible beyond
the lot lines of the property on which the licensed premises is located
shall be used at any time.
I.
Gambling Prohibited. No adult establishment shall contain any slot,
bagatelle, pigeonhole, or any other games, machines, gaming machines,
devices or similar equipment or implements that are defined as gambling
devices under Iowa law.
J.
Manager's Station. Each adult establishment shall have one or more
manager's stations which shall be occupied by a manager or other designated
person at all times during the business's hours of operation. The
interior of each adult establishment shall be configured in such a
manner that there is a direct and substantially unobstructed view
from the manager's station to every part of every area, except the
restrooms, of the adult establishment to which any adult establishment
patron is permitted access. In lieu of the foregoing requirements
imposed by this subsection, an adult establishment business may use
a camera surveillance system, monitored by a manager or other designated
person at all times during the business's hours of operation, which
provides a direct and substantially unobstructed view to every part
of every area, except the restrooms, of the adult establishment to
which any adult establishment patron is permitted access.
K.
Alcohol Prohibition. No adult establishment that serves or otherwise
provides alcoholic liquor, wine or beer pursuant to a liquor license
shall provide or allow adult establishment employees to appear or
perform while nude.
L.
Age Limitations. No adult establishment employee or adult establishment
performer shall be under the age of 18 years of age. No adult establishment
patron shall be under the age of 18 years of age.
M.
Outdoor and Off-Street Parking. All outdoor and off-street parking
areas of an adult entertainment establishment shall be illuminated
from dusk to closing hours of operation, and any time that any adult
establishment patron is present, with a light system which provides
an average minimum maintained horizontal illumination on one foot
candle of light on the parking services and walkways.
N.
Content and Display of License. Every adult entertainment establishment
license shall be provided by the City, and shall, at a minimum, prominently
state on its face the name of the licensee, the expiration date, and
the address of the adult establishment. Every licensee shall cause
the licensee's adult entertainment business license to be framed,
covered by glass, and displayed at all times in a conspicuous place
on the licensed premises so that is may easily be seen and read at
any time by any person entering the licensed premises.
O.
License Term. Except as hereafter provided, adult entertainment business
licenses shall be operative and valid, unless first terminated, suspended
or revoked, for a term beginning April 1st of one year and terminating
on the 31st day of March the following year. Adult entertainment licenses
issued after April 1st of any year for operations to commence in that
year shall be operative and valid, unless first terminated, suspended
or revoked, for a term commencing on the date of issuance and terminating
on the 31st day of March of the following year.
[Ord. 2012-332 (part); Ord. 2001-228 § 1 (part)]
A.
Adult booths shall be prohibited in all adult establishments except
for adult stores.
B.
Only one person shall occupy an adult booth at any time. No adult
establishment patron or other individual occupying an adult booth
shall engage in any specified sexual activity.
C.
The entranceway of an adult booth shall consist of a nonporous, easily
cleaned door that shall be positioned such that it leaves a permanent,
unobstructed opening of not less than 18 inches from the lintel or
top of the door frame down to the top of the door and a permanent,
unobstructed opening of not less than 18 inches from the floor up
to the bottom of the door. The door shall open out into a common hallway
or common area. No door shall be equipped with any type of lock or
device that would prevent anyone from opening the door at any time.
An adult establishment patron occupying an adult booth shall be at
least partially visible from outside of the booth at all times.
D.
Except for the entranceways and ventilation devices, the walls or
partitions of each adult booth shall be constructed and maintained
of solid walls or partitions without any holes or openings whatsoever.
The wall and ceiling surfaces shall be constructed or permanently
covered by nonporous, easily cleanable material and shall not consist
of wood, plywood, composition wood panels or other porous material
within six feet of the floor. All ventilation devices must be covered
by a permanently affixed ventilation cover. Ventilation holes may
only be located in the ceiling or within one foot from the top of
the walls.
E.
A sign consisting of letters at least one inch high shall be posted
in a conspicuous place at or near the entranceway to each adult booth.
The sign shall state (1) that only one person is allowed in an adult
booth at any time; (2) and that it is unlawful to engage in any specified
sexual activity while in an adult booth. The sign shall be enclosed
or framed in a tamper-resistant enclosure or frame.
F.
Whenever the use of an adult booth is relinquished by an adult establishment
patron said adult booth shall be cleaned prior to it being occupied
by any other adult establishment patron.
[Ord. 2012-332 (part); Ord. 2002-574 § 1; Ord. 2001-228 § 1 (part)]
A.
No adult establishment patron shall be on or be allowed at any time
on any stage or platform.
B.
A minimum lighting level of not less than 30 lux horizontal, measured
at 30 inches from the floor and on ten-foot centers shall be maintained
at all times in all areas of the adult cabaret where adult establishment
patrons are allowed.
C.
Doors to areas on the licensed premises, which are lawfully available
for use by persons other than adult establishment employees, shall
not be locked during the adult cabaret's business hours.
D.
Straddle dances shall be prohibited in all adult establishments except
for adult cabarets.
E.
The finance department is authorized to issue no more than three
adult cabaret business licenses annually. Those business licenses
shall be issued to those adult cabarets licensed and existing in the
City at the time of the enactment of this ordinance and shall be renewable
to those cabarets until such time as they cease to operate. Thereafter,
the licenses shall be available to the first-in-time-qualified applicant.
Cessation of business shall be deemed to have occurred whenever an
adult cabaret business is sold or leased or subleased, a transfer
of securities constituting a controlling interest occurs or the license
is revoked.
[Ord. 2012-332 (part); Ord. 2001-228 § 1 (part)]
A.
No signs or other advertisements shall be placed in the windows or
doors of an adult store such that they are visible to any person from
the public rights-of-way or from any property other than the property
on which the licensed premises is located.
B.
All windows, doors and other apertures shall be designed and constructed
so as to prevent the viewing of the interior of the establishment
from the public rights-of-way or from any property other than the
property on which the licensed premises is located.
C.
Restrooms provided for adult establishment patrons shall remain locked
and access to the restrooms shall only be made available to patrons
requesting a key from the manager.
[Ord. 2012-332 (part); Ord. 2001-228 § 1 (part)]
A.
Each adult theater shall provide seating only in individual chairs
with arms or in seats separated from each other by immovable arms
and not on couches, benches, or other multi-person seating structures.
The number of seats shall equal the maximum number of persons who
may occupy the theater.
B.
Each adult theater shall have a continuous main aisle alongside the
seating area such that each person seated in the adult theater is
visible from the aisle at all times.
C.
Each adult theater shall post a sign in a conspicuous place at or
near the entranceway to the theater auditorium that lists the maximum
number of individuals who may occupy the theater auditorium area,
which number shall not exceed the number of seats in the theater auditorium.
D.
Restrooms provided for adult establishment patrons shall remain locked
and access to the restrooms shall only be made available to patrons
requesting a key from the manager.
[Ord. 2012-332 (part); Ord. 2001-228 § 1 (part)]
Every act or omission by an adult establishment employee constituting
a violation of any of the provisions of this chapter shall be deemed
to be the act or omission of the licensee if such act occurs either
with the authorization, knowledge or approval of the licensee, or
as a result of the licensee's failure to adequately supervise the
adult establishment employee. Accordingly, any such act or omission
by an adult establishment employee shall be deemed to be the act or
omission of the licensee for the purpose of determining whether the
licensee's adult entertainment business license should be revoked,
suspended or renewed.
[Ord. 2012-332 (part); Ord. 2001-228 § 1 (part)]
A.
Grounds. Pursuant to the procedures set forth hereinafter, the finance
department may suspend, for not more than one year, or revoke, any
adult entertainment business license if the finance department determines,
based upon credible and reasonably reliable information and evidence,
that one or more of the following have occurred:
1.
The licensee has violated any of the provisions or requirements of
this chapter or the zoning provisions of the City code applicable
to adult establishments;
2.
The licensee (1) knowingly or negligently furnished false or misleading
information or withheld information on any application or other document
submitted to the City for the issuance or renewal of any adult entertainment
business license; or (2) knowingly or negligently caused or suffered
any other person to furnish false or misleading information or to
withhold any information on the licensee's behalf;
3.
The licensee committed a felony or specified criminal act;
4.
The licensee authorizes, approves, or as a result of the licensee's
negligent failure to supervise the licensed premises or the adult
entertainment establishment, allows, suffers or permits an adult establishment
employee, an adult establishment patron or any other person to (a)
violate any of the provisions or requirements of this chapter or the
license issued pursuant hereto; or (b) commit any felony or specified
criminal act on the licensed premises; or
B.
An adult entertainment business license may be suspended for up to
one year or revoked pursuant to the terms and conditions set forth
herein.
1.
Notice. Upon determining that one or more of the grounds for suspension
or revocation exist, the finance department shall serve a written
notice on the licensee in person or by certified mail, return receipt
requested, addressed to the licensee's address as set forth in the
application. The notice shall (a) state that the City has determined
that the licensee's adult entertainment business license is suspended
for a specified number of days or revoked, (b) state the specific
basis for the City's determination; (c) state the date by which the
licensee must file an appeal of the suspension or revocation by given
written notice of the appeal to the City Clerk.
2.
Hearing. The appeal hearing shall be conducted by the City Administrator
or the City Administrator's designee. The hearing shall be no less
than 14 days after service of the licensee's written notice to appeal
is received by the City Clerk unless otherwise agreed to by the parties.
No transcription of the record will be made though either party may
have a transcriber present at their own expense. At the hearing, the
City shall present evidence to support the suspension or revocation
of the license, followed by the licensee's presentation of evidence
to refute the grounds cited by the City for suspending or revoking
the license. Within three days after the close of the hearing, the
City Administrator or the City Administrator's designee shall render
a decision in writing setting forth the reasons in support of the
decision rendered. The written decision shall be served on the licensee
in person or by certified mail, return receipt requested, addressed
to the licensee's address as set forth in the application. The decision
of the City Administrator or the City Administrator's designee shall
be final.
3.
Upon the suspension or revocation of an adult entertainment business license, the City shall take custody of the suspended or revoked license and such part of the bond or other security shall be forfeited as the City shall deem necessary to reimburse the City for costs associated with the proceedings related to the suspension or revocation at issue. Such bond or other security shall be replenished to equal the amount required by Section 5.16.040C prior to the issuance of any new adult entertainment establishment license for the licensed premises or for the reinstatement of any suspended license.
[Ord. 2012-332 (part); Ord. 2001-228 § 1 (part)]
The finance department shall keep an accurate record of every
adult entertainment business license application received and acted
upon, together with all relevant information and materials pertaining
to such application, and a copy of any adult entertainment business
license issued pursuant hereto.
[Ord. 2012-332 (part); Ord. 2001-228 § 1 (part)]
The licensee of every adult establishment shall keep and maintain
a register of all its adult establishment employees. For each such
employee, the register shall include the following information:
A.
Legal name and all aliases;
B.
Date of birth;
C.
Social Security and driver's license numbers;
D.
Gender;
E.
Date of commencement of employment;
F.
Date of termination of employment;
G.
A description of the employee's specific job or employment duties.
The register shall be maintained for all current adult establishment
employees and all adult establishment employees employed at any time
within the immediately preceding 36 months. The licensee shall make
the register of its adult establishment employees available for inspection
by the City immediately upon demand at all reasonable times.
[Ord. 2012-332 (part); Ord. 2001-228 § 1 (part)]
An adult entertainment business established, operated, or maintained
in violation of any of the provisions of this chapter or any of the
zoning provisions related to adult entertainment businesses shall
be, and is, declared to be a public nuisance. The City may, in addition
to, or in lieu of any remedy set forth in this chapter, commence an
action to enjoin, remove or abate such nuisance in the manner provided
by law.
[Ord. 2012-332 (part); Ord. 2001-228 § 1 (part)]
Any person who commits an offense or violates any of the provisions
of this chapter shall be fined not less than $50 nor more than $200
for a first violation. Second or subsequent violations shall carry
a fine of not less than $200. Each day that a violation continues
shall be a separate offense or violation.
