City of Williston, ND Adult Entertainment

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.

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:

Caused depreciation in surrounding property values near these establishments;

Harmed the economic welfare of communities;

Negatively affected the quality of life of communities, including the City of Williston;

Increased criminal and other offensive activity in other communities facing these same issues;

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

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:

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.

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.

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.

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.

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.

The following is a summary of the types of calls and incidents that the Williston Police Department responded to:

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.

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.

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.

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)

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)

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)

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)

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)

Offering and providing unregulated space encourages unsafe and unsanitary acts, which create public health issues and possibly even health code violations.

(12)

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)

Numerous communicable diseases may be spread by activities occurring in adult entertainment establishments.

(14)

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)

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)

According to the CDC, there were 1.4 million reported cases of Chlamydia in the US in 2013.

(17)

There were over 333,000 reported cases of Gonorrhea in the US in 2013 according to the CDC.

(18)

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)

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.

§ 9-86 Definitions.

[Ord. No. 1035, 1-26-2016]

NUDE PERFORMER OR NUDE DANCER

Definitions for the purposes of this title:

ADULT CABARET

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.

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

ii.

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

iii.

The actual or simulated touching, caressing, or fondling of the breast, buttock, anus, or genitals; and/or

iv.

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.

APPLICANT

The individual or entity seeking a cabaret license in the City of Williston.

APPLICANT CONTROL PERSON

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.

CABARET

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.

CLERK

Any such City of Williston employee or agent as the City Administrator/City Auditor designates to administer this article, or any designee thereof.

EMPLOYEE

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.

ENTERTAINER

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.

LIQUOR

All beverages as defined in Title 5 of the North Dakota Century Code and Chapter 3 of the City of Williston Code of Ordinances.

MANAGER

Any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult cabaret. The term manager includes assistant managers working with or under the direction of a manager to carry out such purposes.

MEMBER OF THE PUBLIC

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.

OPERATOR

Any person operating, conducting or maintaining any adult cabaret.

PERSON

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.

SEXUAL CONDUCT

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.

TOPLESS FEMALE PERFORMER 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.

§ 9-87 Standards of conduct and operation.

[Ord. No. 1035, 1-26-2016]

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:

Section 9-86(a)(2)(a) defines the allowable adult entertainment.

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:

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.

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.

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.

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.

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.

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.

Requirements. At any adult cabaret, the following are required:

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.

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.

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.

The consumption or possession of alcohol is prohibited in or upon the premises of an adult cabaret.

(c)

Responsibilities of cabaret. The responsibilities of the applicants, cabaret licensees, operators, and managers of an adult cabaret include, but are not limited to:

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.

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.

The operator or their designee/agent on duty may not be an entertainer.

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.

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)

Premises; specifications.

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.

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.

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.

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)

Recordkeeping requirements.

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.

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)

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)

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.

(h)

Exemptions.

This article must not be construed or interpreted to prohibit:

Plays, operas, musicals or other dramatic works that are not obscene;

Classes, seminars, and lectures which are held for serious scientific or educational purposes and which are not obscene; or

Exhibitions, performances, expressions, or dances that are not obscene.

These exemptions shall not apply to sexual conduct.

§ 9-88 License required.

[Ord. No. 1035, 1-26-2016]

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.

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)

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)

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.

§ 9-89 Application.

[Ord. No. 1035, 1-26-2016]

Adult cabaret license.

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:

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.

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.

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.

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.

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.

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.

Authorization for the City of Williston, its agents and employees to seek information to confirm any statements set forth in the application.

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.

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.

A complete set of fingerprints for the applicant, applicant control person and operator(s) taken by Williston Police Department employees.

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.

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.

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.

Each applicant, applicant control person and operator(s) must verify, under penalty of perjury, that the information contained in the application is true.

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.

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)

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)

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.

No license may be issued unless each department reports that the application and premises comply with all applicable laws.

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.

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.

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)

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.

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.

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.

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.

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.

Adult cabaret manager and entertainer license.

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.

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.

A copy of the application shall be forwarded to the Williston Police Department for review, investigation and recommendation.

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.

The manager's or entertainer's license application shall require the following information:

The applicant's name, home address, home telephone number, date and place of birth;

Any stage names, nicknames or aliases used by the applicant;

Fingerprints taken by Williston Police Department employees or by a police department approved by the City of Williston;

The name and address of each business at which the applicant intends to work;

Documentation that the applicant has attained the age of 18 years. Any two may be accepted as documentation of age:

A motor vehicle operator's license issued by any state bearing the applicant's photograph and date of birth.

A state-issued identification card bearing the applicant's photograph and date of birth.

An official passport issued by the United States of America.

An immigration card issued by the United States of America.

Any other identification that the city determines to be acceptable.

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.

A description of the applicant's principal activities or services to be rendered in the adult cabaret.

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.

Authorization for the city, its employees and agents to investigate and confirm any statements set forth in the application.

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.

The clerk may request additional information or clarification when necessary to determine compliance with this article.

(7)

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.

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)

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)

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)

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.

§ 9-90 Penalty for violation of this article.

[Ord. No. 1035, 1-26-2016]

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.