[1]
Editor's Note: Prior ordinance history includes Ordinance
No. 571 which was repealed by Ord. No. 1035.
[Ord. No. 1035, 1-26-2016]
(a)Â
It is the purpose of this article to regulate adult entertainment
establishments in order to promote the health, safety, and general
welfare of the citizens of the City of Williston, and to establish
reasonable and uniform regulations to prevent the deleterious secondary
effects and concentrations of adult entertainment establishments within
the City of Williston. The provisions of this article have neither
the purpose nor effect of imposing a limitation or restriction on
the content or reasonable access to any communicative materials, including
any sexually oriented materials. Further, it is neither the intent
nor effect of this article to restrict or deny access by the distributors
and exhibitors of sexually oriented entertainment protected by the
First Amendment, or to deny access by the distributors and exhibitors
of sexually oriented entertainment to their intended market. Neither
it is the intent nor effect of this ordinance to condone or legitimize
the distribution of obscene material.
(b)Â
Whereas, the City of Williston has explicit authority under Section
40-05-01(29) of the North Dakota Century Code to adopt regulations
governing the sale of alcohol beverages within city limits; and
Whereas, the City of Williston has explicit authority under
Section 40-05-01(24) of the North Dakota Century Code to "fix the
amount, terms and manner of issuing and revoking licenses;" and
Whereas, the City has general police powers set forth in Chapter
40-05 of the North Dakota Century Code to act for the good order of
the City of Williston, for its commercial benefit, and for the health,
safety and welfare of the public and may carry its powers out by regulation
or suppression;
Whereas, by adopting this ordinance [Ord. No. 1035], the City
does not intend to regulate obscenity, as nudity in and of itself
is not obscene;
Whereas, the City declares its intent to address the secondary
effects of live nude dancing, as defined in this chapter, in liquor
licensed premises within City limits; and
Whereas, the liquor licensed establishments featuring live nude
dancing have:
(1)Â
Caused depreciation in surrounding property values near these establishments;
(2)Â
Harmed the economic welfare of communities;
(3)Â
Negatively affected the quality of life of communities, including
the City of Williston;
(4)Â
Increased criminal and other offensive activity in other communities
facing these same issues;
(5)Â
Increased criminal activity in our own community, as evidenced by
the police reports and police call logs that were provided to City
Commission members as they contemplated action on the secondary effects
of nude dancing in liquor-licensed establishments; and
(6)Â
Disrupted the peace and order of these communities, and our own community
as police resources are diverted a disproportionate period of time
to address recurring issues at these live nude dancing liquor licensed
establishments.
These secondary effects are detrimental to the health, safety,
and welfare of the citizens of the City of Williston.
Whereas, the City recognizes that the First Amendment to the
United States Constitution is applicable to the states through the
Fourteenth Amendment of the United States Constitution and further
recognizes that the United States Supreme Court has held that nude
dancing is expressive conduct entitled to limited protection under
the First Amendment of the US Constitution; and
Whereas, the Commission further recognizes that freedom of speech
and expression are amongst our most precious and highly protected
rights and wishes to act consistently with protection of those rights
as they enact these regulations; and
Whereas, however, the Commission is aware, based on the effects
felt in our community and those experienced in other communities,
that liquor licensed establishments featuring live nude dancing may
and do generate secondary effects which the Commission believes are
detrimental to the public health, safety, and welfare; and
Whereas, based on evidence concerning the adverse secondary
effects of adult uses presented in hearings and in studies and local
police reports made available to the board, and on findings incorporated
in the cases of City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City
of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v.
American Mini Theatres, 426 U.S. 50 (1976); FW/PBS, Inc. V. City of
Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, Inc., 501 US.
560 (1991); Thomas v. Chicago Park District, 122 S. Ct. 775 (2002);
California v. LaRue, 409 U.S. 109 (1972); City of Los Angeles v. Alameda
Books, Inc., 535 U.S. 425 (2002); McCrothers Corp. v. Mandan, 2007
ND 28, 728 N.E. 2d 124 (2007); City of Chicago v. Poo Bah Enterprises,
Inc., 865 N.E. 2d 390 (Ill. 2006); and other cases; and reports of
secondary effects occurring in and around adult entertainment establishments,
including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota;
Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove,
California; Los Angeles, California; Whittier, California; Austin,
Texas; Seattle, Washington; Oklahoma County, Oklahoma; Cleveland,
Ohio; Dallas, Texas; Tucson, Arizona; St. Croix County, Wisconsin;
Bellevue, Washington; Newport News, Virginia; New York, New York;
Phoenix, Arizona; Mandan, North Dakota; and from summaries of several
of the foregoing secondary effects report; the board finds:
(1)Â
Employees of unregulated sexually oriented businesses, especially
live nude dancing establishments, are at risk of engaging in certain
types of illicit and illegal sexual behavior at a higher incidence
than employees of other establishments.
(2)Â
Sex acts, including masturbation and oral and anal sex, occur
at unregulated sexually oriented businesses, especially those which
provide private or semi-private booths or cubicles for viewing films
or videos or live nude dancing and/or sexually oriented shows.
(3)Â
Patrons frequent these types of establishments with the purpose
of soliciting and engaging in certain illicit and illegal sexual acts
within the premises of the sexually oriented businesses. These acts
and solicitation often occur over the exchange of money.
(4)Â
The Office of the Texas Attorney General presented a report
to the Texas Legislature in March 2013 regarding the interconnected
relationship between human trafficking and sexually oriented businesses.
The increase in human trafficking in the Bakken region is something
state and local officials are acutely aware of and taking steps to
combat.
(5)Â
Between mid-2013 and June 2015 there were 200 incidents at the
2 strip clubs located within City limits that the Williston Police
Department responded to.
a.Â
The following is a summary of the types of calls and incidents
that the Williston Police Department responded to:
1.Â
The following criminal violations occurred: murder (2), fights/assaults,
DUI, disorderly conduct, unruly and intoxicated patrons, hit and run
calls, theft of property calls (including stolen vehicles), welfare
checks, traffic violations, junk ordinance violations, minors admitted
to the establishments, minors being served alcohol.
2.Â
Of the fight/assault calls, almost all involved intoxicated
individuals. For example, in September 2014, there was a fight between
overly intoxicated individuals outside one of the strip clubs. One
individual was pushed and struck his head. The head injury resulted
in permanent brain damage.
3.Â
A review of the police reports of the incidences at the adult
entertainment venues within City limits shows that over 90% of these
incidences involved alcohol.
(6)Â
The Office of the Texas Attorney General presented a report
to the Texas Legislature in March 2013 regarding the relationship
between human trafficking and sexually oriented businesses. The increase
in human trafficking in the Bakken region is something state and local
officials are acutely aware of and taking steps to combat.
(7)Â
A limited study was done by The Freedom and Justice Center for
Prostitution Resources: A program of the Volunteers of America of
Minnesota. The Survey Data was analyzed on the Statistical Program
for Social Sciences. 100% of the women involved in the study reported
incidences of physical abuse in the strip club at which they were
working. 100% of the women involved in the study reported sexual abuse
in the strip club at which they were working. 100% of these incidences
went unreported to law enforcement.
(8)Â
The City of St. Marys, Georgia published a Digest of Research:
The Evidence of Relationships Between Adult-Oriented Businesses and
Community Crime and Disorder.
(9)Â
Eric S. McCord and Richard Tewksbury of the Department of Justice
Administration at the University of Louisville, KY published an article
in Crime & Delinquency addressing if sexually oriented businesses
in communities is related to increased levels of crime. Their study
revealed that "sexually oriented businesses are associated with much
higher rates of all types of offenses in the immediate vicinity of
the business and continue to have significant effects on crime levels
as one moves further from the business." Crime & Delinquency 59(7),
1108-25(2012).
(10)Â
Research supports the finding that sexually oriented businesses
that serve alcohol or that are located near liquor-serving businesses
pose "larger and qualitatively different ambient public safety hazards"
than other establishments. The Illinois Supreme Court, after reviewing
available research, found that "Victims become more vulnerable because
of alcohol's debilitating effects, thus creating an attractive situation
for potential offenders." City of Chicago v. Pooh Bah Enterprises,
Inc. et al. (Ill. 2006). Research found that patrons of sexually oriented
businesses are reluctant to involve or contact law enforcement when
victimized. Testimony of Dr. Richard McCleary, a professor at the
University of California, Irvin, and Professor Lori Sexton to the
Illinois State Senate Public Health Committee in March 2012 in support
of SB 3348. Dr. McCleary is a nationally recognized expert on sexually
oriented businesses. He's been studying secondary effects of sexually
oriented businesses and the sexually oriented business industry since
the 1980s. He and Professor Lori Sexton proffered written testimony
in March 2012 to the Illinois State Legislature discussing the impact
of alcohol, crime, and sexually oriented businesses when the legislature
was contemplating creating a program to offer Grants to combat sexual
assaults and sexual violence.
(11)Â
Offering and providing unregulated space encourages unsafe and
unsanitary acts, which create public health issues and possibly even
health code violations.
(12)Â
The National Health Research and Development Program of Health
Canada published a Final Report on Erotic/Exotic Dancing: HIV-Related
Risk Factors detailing the sexual health issues that exist in live
nude dancing establishments.
(13)Â
Numerous communicable diseases may be spread by activities occurring
in adult entertainment establishments.
(14)Â
According to the best scientific evidence, sexually transmitted
diseases and infections are principally transmitted through sexual
acts. Sex acts at adult entertainment establishments is a real concern.
(15)Â
According to the Kaiser Family Foundation, 1.1 million people
are living with HIV in the US. 76% diagnosed are male and 24% female.
84% of new HIV infections of women occur through heterosexual sex.
The majority of all new infections across all races and genders resulted
from sexual contact. In 2010 there were 47,500 new HIV infections
in the US.
(16)Â
According to the CDC, there were 1.4 million reported cases
of Chlamydia in the US in 2013.
(17)Â
There were over 333,000 reported cases of Gonorrhea in the US
in 2013 according to the CDC.
(18)Â
Sanitary conditions in some adult oriented businesses are unhealthy,
in part, because of the activities conducted there are conducted in
an unhealthy fashion, and, in part, because of the unregulated nature
of the activities and the failure of the owners and operators of the
facilities to self-regulate those activities and maintain their facilities.
(19)Â
Numerous studies and reports have shown that semen is found
in the areas of adult entertainment establishments where persons view
adult oriented films and live nude shows, like the live nude shows
that take place at the adult establishments in Williston; and
Whereas, the Commission finds that the consumption of alcoholic
beverages exacerbates these negative secondary effects; and
Whereas, the Commission desires to minimize, prevent and control
these negative secondary effects and thereby protect the health, safety,
and welfare of its citizens; and
Whereas, the Commission is also aware that Courts in North Dakota
and in the United States Eighth Circuit Court of Appeals have found
that there is no constitutionally protected right to consume or sell
alcohol while watching or offering live nude dancing; and
Whereas, the Commission has received and contemplated studies
regarding the secondary effects of nude dancing in communities, judicial
opinions, ordinances from other communities, and City of Williston
police reports and police call logs while determining a course of
action; and
Whereas, the Commission has determined that an ordinance prohibiting
live nude dancing in liquor licensed establishments promotes the substantial
goal of minimizing, preventing, and controlling the negative secondary
effects associated with such activity; and
Whereas, the Commission has also determined that an ordinance
prohibiting live nude dancing in liquor licensed establishments is
the least restrictive means of regulating such negative secondary
effects, staying mindful of not infringing on any more protected speech
than is necessary to achieve its lawful interest in regulating the
adverse secondary effects of live nude dancing that are exacerbated
by the sale and consumption of alcohol in such establishments that
offer live nude dancing.
[Ord. No. 1035, 1-26-2016]
(a)Â
ADULT CABARET
ADULT ENTERTAINMENT
a.Â
1.Â
b.Â
1.Â
i.Â
ii.Â
iii.Â
iv.Â
v.Â
2.Â
APPLICANT
APPLICANT CONTROL PERSON
CABARET
CLERK
EMPLOYEE
ENTERTAINER
LIQUOR
MANAGER
MEMBER OF THE PUBLIC
NUDE PERFORMER OR NUDE DANCER
OPERATOR
PERSON
SEXUAL CONDUCT
a.Â
b.Â
c.Â
d.Â
TOPLESS FEMALE PERFORMER OR TOPLESS FEMALE DANCER
Definitions for the purposes of this title:
Any commercial premises or private club to which any member
of the public or club member is invited or admitted, and where an
entertainer provides live entertainment or activity as defined in
adult entertainment.
Is split into two sub-categories:
"Allowable Adult Entertainment" means:
Any exhibition, performance or dance conducted in a licensed
adult cabaret premises where such exhibition, performance, or dance
involves a person who performs in such clothing or sheds clothing
to a point where the female breast is exposed.
"Prohibited Adult Entertainment" means:
Any exhibition, performance, or dance, conducted in a licensed
adult cabaret premise or otherwise, which includes any of the following:
Exposure of any portion of pubic area, anus, buttocks, vulva
or genitals, or wearing any device or covering exposed to view which
simulates the appearance of any portion of the pubic region, anus,
buttocks, vulva or genital, or human male genitals in a discernibly
turgid state, even if completely and opaquely covered; and/or
The performance of acts, or simulated acts, of sexual intercourse,
masturbation, sodomy, bestiality, oral copulation, flagellation or
any sexual acts which are prohibited by law; and/or
The actual or simulated touching, caressing, or fondling of
the breast, buttock, anus, or genitals; and/or
The actual or simulated display of the pubic hair, anus, vulva,
or genitals or the nipples of the female; and/or
Appearances, entertainment or performances of any type consisting
of or containing any fully nude performer; and/or
Any exhibition, performance or dance which is intended to sexually
stimulate any member of the public and which is conducted on a regular
basis or as a substantial part of the premises activity. This includes,
but is not limited to, any such exhibition, performance or dance performed
for, arranged with, or engaged in with fewer than all members of the
public on the premises at that time, which separate consideration
paid, either directly or indirectly, for such performance, exhibition
or dance and which is commonly referred to as table dancing, couch
dancing, taxi dancing, lap dancing, private dancing, or straddle dancing.
The individual or entity seeking a cabaret license in the
City of Williston.
All partners, corporate officers and directors and any other
individuals in the applicant's business organization who hold a significant
interest in the adult cabaret business, based on the responsibility
for management of the adult cabaret business.
Any room, place or space whatsoever in the City of Williston
in which any music, singing, dancing, or other similar entertainment
is permitted in connection with any hotel, restaurant, cafe, club,
bar, tavern and/or eating place, directly selling, serving or providing
the public or its members, with or without charge, food or liquor.
Music and entertainment, as used in this definition, does not apply
to radios or mechanical devices.
Any such City of Williston employee or agent as the City
Administrator/City Auditor designates to administer this article,
or any designee thereof.
Any and all persons, including managers, assistant managers,
servers, bartenders, bouncers, entertainers, or any other person considered
an employee for payroll purposes, who works in or at or render any
services directly related to the operation of the cabaret.
Any person, either employee or independent contractor, who
provides adult entertainment within an adult cabaret, whether or not
a fee is charged or accepted for such entertainment.
All beverages as defined in Title 5 of the North Dakota Century Code and Chapter 3 of the City of Williston Code of Ordinances.
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 cabaret. The term manager
includes assistant managers working with or under the direction of
a manager to carry out such purposes.
Any customer, patron, club member, or person, other than
an employee, who is invited or admitted to a cabaret.
Any person who performs or appears in attire such that any
portion of the breast below the areola, pubic area, anus, vulva, or
genitals is exposed to view.
Any person operating, conducting or maintaining any adult
cabaret.
Any individual, partnership, limited liability company, corporation,
trust, incorporated or unincorporated association, marital community,
joint venture, governmental entity, or other entity or group of persons,
however organized.
The performance of acts or simulated acts of sexual intercourse,
masturbation, sodomy, bestiality, oral copulation, flagellation, or
any sexual acts which are prohibited by law; and/or
The actual or simulated touching, caressing or fondling of the
breast, buttocks, anus, or genitals; and/or
The actual or simulated display of the pubic hair, anus, vulva,
or genitals, or the nipples of a female; and/or
Appearances, entertainment, or performances of any type consisting
of or containing any nude performer, nude dancer, or topless female
dancer.
Any female who performs or appears in attire such at any
portion of her breasts below the top of the areola are exposed to
view.
[Ord. No. 1035, 1-26-2016]
(a)Â
Standards of conduct. The following standards of conduct must be
adhered to by applicants, operators, employees and entertainers of
any adult cabaret while in any area in which members of the public
are allowed to be present:
(1)Â
Section 9-86(a)(2)(a) defines the allowable adult entertainment.
(2)Â
No employee or entertainer shall perform any of the acts defined
as prohibited adult entertainment under Section 9-86(a)(2)b which
includes, but is not limited to, the following:
a.Â
No employee or entertainer, while performing, shall be unclothed
so as to expose to view any portion of the pubic region, anus, buttocks,
vulva or genitals.
b.Â
No employee or entertainer, while mingling with members of the public,
shall be unclothed so as to expose any portion of the breast below
the areola or any of the pubic region, anus, buttocks, vulva or genitals,
nor shall any male employee or entertainer at any time appear with
his genitals in a discernibly turgid state, even if completely and
opaquely covered, or wear or use any device or covering which simulates
the same.
c.Â
No employee or entertainer, while performing or mingling with members
of the public, shall wear or use any device or covering exposed to
view which simulates vulva, genitals, anus, any portion of the pubic
region, or buttocks.
(3)Â
No employee or entertainer may caress, fondle, or erotically touch
any member of the public. No employee or entertainer may encourage
or permit any member of the public to caress, fondle, or erotically
touch any employee or entertainer's breasts or genitals.
(4)Â
No employee or entertainer shall perform actual or simulated acts
of sexual conduct or any act which constitutes a violation of Chapters
12.1-27.1 or 12.1-27.2 of the North Dakota Century Code.
(5)Â
No employee or entertainer mingling with members of the public shall
conduct any dance, performance, or exhibition in or about the non-stage
area of the adult cabaret.
(b)Â
Requirements. At any adult cabaret, the following are required:
(1)Â
Admission must be restricted to persons 21 years of age or older.
It is unlawful for any owner, applicant, operator, manager, or other
person in charge of the adult cabaret to knowingly permit or allow
any person under the minimum age specified to be in or upon such premises.
(2)Â
Neither the performance or any photograph, drawing, sketch, or other
pictorial or graphic representation displaying any portion of the
breasts below the top of the areola or any portion of the pubic hair,
buttocks, genitals and/or anus may be visible outside of the adult
cabaret.
(3)Â
No member of the public may be permitted at any time to enter into
any of the non-public portions of the adult cabaret, which include,
but are not limited to the dressing rooms of the entertainers or other
rooms provided for the benefit of employees, and the kitchen and storage
areas. The exception to the previously stated rule is that persons
delivering goods and materials, food and beverages, or performing
maintenance or repairs to the premises or equipment on the premises
may be permitted into non-public areas to the extent required to perform
their job duties.
(4)Â
The consumption or possession of alcohol is prohibited in or upon
the premises of an adult cabaret.
(c)Â
Responsibilities of cabaret. The responsibilities of the applicants,
cabaret licensees, operators, and managers of an adult cabaret include,
but are not limited to:
(1)Â
The operator or their designee/agent must be on duty at an adult
cabaret at all times adult entertainment is being provided or members
of the public are present on the premises. The name and license of
the operator or their designee/agent must be prominently displayed
during business hours. This individual must be responsible for verifying
that any person who provides adult entertainment within the premises
possesses a current and valid entertainer's license.
(2)Â
The operator or their designee/agent must provide to the Williston
Police Department a weekly schedule of dates and names of the licensed
entertainers who will be performing, which notice shall be provided
no later than 4:00 p.m. on each Monday of each week. Any changes in
the schedule must be provided to the Williston Police Department within
24 hours of the change.
(3)Â
The operator or their designee/agent on duty may not be an entertainer.
(4)Â
The operator or their designee/agent licensed under this ordinance
must maintain visual observation of each member of the public at all
times any entertainer is present in the public or performance areas
of the adult cabaret. Where there is more than one performance area,
or the performance area is of such size or configuration that the
responsible individual is unable to visually observe, at all times,
each adult entertainer, each employee, and each member of the public,
an additional responsible individual must be provided for each public
performance or performance area or portion of a public or performance
area visually separated from other portions of the adult cabaret.
(5)Â
The operator or their designee/agent shall ensure that the actions
of members of the public, the adult entertainers, and all other employees
comply with all requirements of this article.
(d)Â
Premises; specifications.
(1)Â
Performance area. The performance
area of the adult cabaret where adult entertainment is provided must
be a stage or platform at least 18 inches in elevation above the level
of the patron seating areas and must be separated by a distance of
at least six feet from all areas of the premises to which members
of the public have access. A continuous railing at least three feet
in height and located at least six feet from all points of the performance
area must separate the performance area and the patron seating areas.
1.Â
The stage and the entire interior portion of cubicles, rooms, or
stalls wherein adult entertainment is provided must be visible from
the common areas of the premises and at least one manager's station.
Visibility must not be blocked or obstructed by doors, curtains, drapes
or any other obstruction whatsoever.
(2)Â
Lighting. Sufficient lighting must be provided and equally distributed
throughout the public areas of the premises so that all objects are
plainly visible at all times.
(3)Â
Signs. A sign at least two feet by two feet, with letters at least
one inch in height must be conspicuously displayed in the public area
of the premises stating the following:
THIS ADULT CABARET IS REGULATED BY THE CITY OF WILLISTON.
ENTERTAINERS ARE NOT PERMITTED TO:
| |
1.
|
ENGAGE IN ANY TYPE OF SEXUAL CONDUCT.
|
2.
|
APPEAR FULLY NUDE.
|
3.
|
ACCEPT TIPS OR GRATUITIES IN ADVANCE OF THEIR PERFORMANCE.
|
(e)Â
Recordkeeping requirements.
(1)Â
All papers, records, and things required to be kept pursuant to this
article must be open to inspection by the city, its employees or agents
during the hours when the licensed premises is open for business,
upon two days' written notice. The purpose for such inspections must
be to determine whether the papers, records, and things retained comply
with the requirements of this article.
(2)Â
Each adult cabaret entertainment business must maintain and retain,
for a period of two years, the name, address, and age of each person
employed or otherwise retained or allowed to perform on the premises,
as an adult entertainer, including independent contractors and their
employees. This information must be open to inspection by the city,
its employees or agents during hours of operation upon two days' written
notice to the licensee.
(f)Â
All adult cabarets which are open to the public, including those
adult cabarets which offer memberships to members of the public, must
be open to inspection by city agents and employees during the hours
when the premises is open for business. The purpose of such inspection
must be to determine if the licensed premises is operated in accordance
with the requirements of this article. It is hereby expressly declared
that unannounced inspections are necessary to ensure compliance with
this article, and the adult cabaret upon acceptance of a license from
the City of Williston consents to such unannounced inspections.
(g)Â
Hours of operation. It is unlawful for any adult cabaret to be in
operation or otherwise open to the public between the hours of 12:00
midnight and 10:00 a.m.
[Ord. No. 1035, 1-26-2016]
(a)Â
It is unlawful for any person to conduct, manage or operate an adult
cabaret unless such person is the holder of a valid and subsisting
license from the City of Williston to do so, obtained in the manner
provided by this article.
(b)Â
It is unlawful for any entertainer, employee or manager to knowingly
work in or about, or to knowingly perform any service or entertainment
directly related to, the operation of an unlicensed adult cabaret.
(c)Â
It is unlawful for any entertainer to perform in an adult cabaret
unless such person is the holder of a valid and subsisting license
from the City of Williston to do so.
(d)Â
It is unlawful for any manager to work in an adult cabaret unless
such person is the holder of a valid and subsisting license from the
City of Williston to do so.
[Ord. No. 1035, 1-26-2016]
(a)Â
Adult cabaret license.
(1)Â
All applications for an adult cabaret license must be submitted to
the clerk in the name of the person or entity proposing to conduct
an adult cabaret on the business premises and must be signed by such
person and certified as true under penalty of perjury. All applications
must be submitted on a form supplied by the clerk, which must include
the following information:
a.Â
Provide names, any aliases or previous names, driver's license number
or state issued identification, if any, business, mailing, and residential
addresses, and business telephone number of the applicant, applicant
control person, and operator.
b.Â
If a partnership, whether general or limited in nature, and if a
corporation, date and place of incorporation, and if a limited liability
company, the date and place of organization, plus evidence that the
business entity is in good standing under state laws, and name and
address of any registered agent for service of process and the names
of all partners, members, or shareholders.
c.Â
Whether the applicant or any partner, corporate officer, or director
of the applicant holds any other licenses under this article or any
license for similar adult entertainment or sexually oriented business,
including bookstore, motion picture theaters and panoramas, from the
city or another city, county or state, and, if so, the names and addresses
of each other licensed business.
d.Â
A summary of the business history of the applicant, applicant control
person, and operator(s) in owning or operating the adult entertainment
or other sexually oriented businesses, providing names, addresses
and dates of operation for such businesses, and whether any business
license or adult entertainment license has been revoked or suspended
and the reason for such revocation or suspension.
e.Â
For the applicant, applicant control person and operator(s), any
and all criminal convictions or forfeitures within five years immediately
preceding the date of the application, other than parking offenses
or minor traffic infractions, including the dates of conviction, nature
of the crime, names and location of court and disposition of all charges.
f.Â
For the applicant, applicant control person and operator(s), a description
of business, occupation, or employment history for the three years
immediately preceding the date of the application.
g.Â
Authorization for the City of Williston, its agents and employees
to seek information to confirm any statements set forth in the application.
h.Â
The location and doing-business-as name of the proposed adult cabaret,
including a legal description of the property, street address, and
telephone number, together with the name and address of each owner
and the lessee of the property.
i.Â
Two two-inch by two-inch color photographs of the applicant, applicant
control person and operator(s), taken within six months of the date
of the application, showing only the full face.
j.Â
A complete set of fingerprints for the applicant, applicant control
person and operator(s) taken by Williston Police Department employees.
k.Â
A scale drawing or diagram showing the configuration of the premises
of the proposed adult cabaret, including a statement of the total
floor space occupied by the business, and marked dimensions of the
interior of the premises. Performance areas, seating areas, manager's
office and stations, restrooms and service areas must be clearly marked
on the drawing. An application for a license for an adult cabaret
must include building plans which demonstrate compliance with all
applicable building, fire, food service, and health and safety codes
at the city, county, state or federal level.
(2)Â
An application is deemed complete when the applicant has provided
all information requested in Subsection (1)a of this section, and
the applicant's verification that the application is complete. The
clerk may request other information or clarification in addition to
that provided in a complete application where necessary to determine
compliance with this article.
(3)Â
A nonrefundable application fee as established by resolution must
be paid at the time of filing an application in order to defray the
costs of processing the application.
(4)Â
Each applicant, applicant control person and operator(s) must verify,
under penalty of perjury, that the information contained in the application
is true.
(5)Â
If any person or entity acquires, subsequent to the issuance of an
adult cabaret license, a significant interest based on the responsibility
for management or operation of the licensed premises or the licensed
business, notice of such acquisition must be provided in writing to
the clerk no later than 21 days following such acquisition. The notice
required must include the information required for the original adult
cabaret license application.
(6)Â
The adult cabaret license, if granted, must state on its face the
name of the person to whom it is issued, the expiration date, the
doing-business-as name and the address of the licensed adult cabaret.
The permit must be posted in a conspicuous place at or near the entrance
to the adult cabaret so that it can be easily read at any time the
business is open.
(7)Â
No person or entity granted an adult cabaret license pursuant to
this article may operate the adult cabaret business under a name not
specified on the license, nor may any person or entity operate an
adult cabaret under any designation or at any location not specified
on the license.
(8)Â
Upon receipt of the complete application and fee, the clerk must
provide copies to the health office, police, fire, and building departments
for their investigation and review to determine compliance of the
proposed adult cabaret with the laws and regulations which each department
administers. Each department shall, within 30 days of the date of
such application, inspect the application and premises and shall make
a written report to the clerk whether such application and premises
complies with the laws administered by each department.
a.Â
No license may be issued unless each department reports that the
application and premises comply with all applicable laws.
b.Â
In the event the premises is not yet constructed, the departments
shall base their recommendation as to premises compliance on their
review of the drawings submitted in the application.
c.Â
Any adult cabaret license approved prior to the premises construction
shall contain a condition that the premises may not be open for business
until the premises have been inspected and determined to be in substantial
compliance with the drawings submitted with the application.
d.Â
A department must recommend denial of a license under this section
if it finds that the proposed adult cabaret is not in compliance with
the requirements of this article or other law in effect in the city.
A recommendation for denial must cite the specific reason for the
denial, including citation to applicable laws.
(9)Â
An adult cabaret license shall be issued by the clerk within 60 days
of the date of filing a complete license application and fee, unless
the Board of City Commissioners determines that the applicant has
failed to meet any of the requirements of this article or provide
any information required under this subsection or that the applicant
has made a false, misleading or fraudulent statement of material fact
on the application for a license or the clerk has denied such license.
a.Â
The clerk may grant an extension of time in which an applicant is
to provide all information required for a complete license application
upon the request of the applicant.
b.Â
If the clerk finds that the applicant has failed to meet any of the
requirements for issuance of an adult cabaret license, the clerk shall
recommend denial of the application in writing, shall cite the specific
reasons for the denial recommendation, including applicable law, and
must forward the same to the board.
c.Â
If the board fails to approve or deny the license within 60 days
of the date of filing of a complete application and fee, the applicant
may, subject to all other applicable law, operate the business for
which the license was sought until a notification of denial is received
from the clerk.
d.Â
The clerk or Board of City Commissioners may, for good cause shown,
extend the application review time past the 60 days but in no event
may the City extend the application review time for more than an additional
60 days.
(b)Â
Adult cabaret manager and entertainer license.
(1)Â
No person may work as a manager, assistant manager, or entertainer
at an adult cabaret without first obtaining an entertainer's or manager's
license from the City of Williston. Each applicant for a manager's
or entertainer's license must complete an application on forms provided
by the City containing the information below.
(2)Â
A nonrefundable application fee established by resolution of the
City Commission must accompany the application. An application is
not considered complete unless accompanied by the required application
fee.
(3)Â
A copy of the application shall be forwarded to the Williston Police
Department for review, investigation and recommendation.
(4)Â
All applications for a manager's or entertainer's license must be
signed by the applicant and certified to be true under penalty of
perjury.
(5)Â
The manager's or entertainer's license application shall require
the following information:
a.Â
The applicant's name, home address, home telephone number, date and
place of birth;
b.Â
Any stage names, nicknames or aliases used by the applicant;
c.Â
Fingerprints taken by Williston Police Department employees or by
a police department approved by the City of Williston;
d.Â
The name and address of each business at which the applicant intends
to work;
e.Â
Documentation that the applicant has attained the age of 18 years.
Any two may be accepted as documentation of age:
1.Â
A motor vehicle operator's license issued by any state bearing
the applicant's photograph and date of birth.
2.Â
A state-issued identification card bearing the applicant's photograph
and date of birth.
3.Â
An official passport issued by the United States of America.
4.Â
An immigration card issued by the United States of America.
5.Â
Any other identification that the city determines to be acceptable.
f.Â
A complete statement of all convictions of the applicant for any
misdemeanor or felony violations in the City of Williston or any other
city, county, or state within five years immediately preceding the
date of the application, parking violations or minor traffic infractions
excepted, including the dates of conviction, nature of the crime,
named and location of court and disposition of all charges.
g.Â
A description of the applicant's principal activities or services
to be rendered in the adult cabaret.
h.Â
Two two-inch by two-inch color photographs of the applicant, taken
within six months of the date of the application, showing only the
full face.
i.Â
Authorization for the city, its employees and agents to investigate
and confirm any statements set forth in the application.
j.Â
Every adult entertainer must provide his license to the adult cabaret
manager on duty on the premises prior to the entertainer's performance.
The manager must retain the licenses of the adult entertainers in
a fashion that renders them readily available for inspection by the
City at any time during business hours of the adult cabaret.
(6)Â
The clerk may request additional information or clarification when
necessary to determine compliance with this article.
(7)Â
An adult cabaret manager's or an adult entertainer's license shall
be issued by the City within 30 days from the date the complete application
and fees are received, unless the clerk determines that the applicant
has failed to provide any information required to be supplied according
to this article, has made any false, misleading or fraudulent statement
of material fact in the application, or has failed to meet any requirements
for issuance of a license under this article.
a.Â
If the clerk determines that the applicant has failed to qualify
for a license applied for, the clerk must recommend denial in writing,
cite the specific reasons for the recommended denial, including citation
to applicable laws, and must forward the same to the Board.
(8)Â
If the Board fails to approve or deny an application for an adult
cabaret manager's or entertainer's license within 30 days of filing
of a complete application, the applicant may, subject to all other
applicable laws, commence work as an adult cabaret manager in a duly
licensed adult cabaret until notification of denial of the application
by the clerk is received by the applicant.
(9)Â
The clerk or Board of City Commissioners may, for good cause shown,
extend the application review time past the 30 days but in no event
may the City extend the application review time for more than an additional
60 days.
(10)Â
An applicant for an adult entertainer's license may be issued
a temporary license upon receipt of a complete license application
and fee. The temporary license will automatically expire on the 30th
day following the filing of the complete application and fee unless
the city has failed to approve or deny the license application in
which case the temporary license shall be valid until the board approves
or denies the application.
[Ord. No. 1035, 1-26-2016]
(a)Â
Any person, firm, or corporation violating the terms of this Article
is guilty of a Class B misdemeanor and shall, upon conviction, be
subject to the penalties as described under state law for Class B
misdemeanors.
(b)Â
Such penalty shall be in addition to the authority of the Board to
suspend or revoke an alcoholic beverage license pursuant to the provisions
of this Article.