(a)
It
is unlawful:
(1)
For any person to knowingly or intentionally operate a sexually oriented
business without a valid sexually oriented business license issued
by the city pursuant to this article.
(2)
For any person who operates a sexually oriented business to knowingly,
intentionally, or recklessly employ a person to work for the sexually
oriented business who is not licensed as a sexually oriented business
employee by the city pursuant to this article.
(3)
For any person to be employed by a sexually oriented business unless
that employee secures a sexually oriented business employee license
on the next business day after becoming employed.
(b)
An
applicant for a sexually oriented business license issued under this
article for a location not previously licensed shall, not later than
the sixtieth day before the date the application is filed, prominently
post an outdoor sign at the location stating that a sexually oriented
business is intended to be located on the premises and providing the
name and business address of the applicant. The sign must be at least
twenty-four (24) by thirty-six (36) inches in size, and must be written
in lettering at least two (2) inches in size and located within three
(3) feet of the right-of-way of the street which is the main access
to the property. The sign shall be in both English and Spanish.
(c)
An
application for a license must be made on a form provided by the city
and submitted to the chief of police or his designee. Each application
submitted to the chief of police must be accompanied by a copy of
the receipt issued by the city establishing that the application and
inspection fee have been paid.
(d)
All
applicants must be qualified according to the provisions of this article.
(e)
If
a person who wishes to operate a sexually oriented business is an
individual, the person must sign the application for a license as
applicant. If an applicant who wishes to operate a sexually oriented
business is other than an individual, each individual who has a five
(5) percent or greater interest in the business must sign the application
for a license as applicant. Each applicant(s) must be qualified under
the following section and each applicant(s) shall be considered a
licensee if a license is granted.
(f)
The
completed application for a sexually oriented business license shall
contain, at a minimum, the following information and shall be accompanied
by the following documents:
(1)
If the applicant is:
(A)
An individual, the individual shall state his/her full legal name
and any aliases or other names they have ever used and submit proof
that he/she is eighteen (18) years of age;
(B)
A corporation, partnership, joint venture, or other similar business
entity, the applicant shall also include:
(i)
A Texas corporation, specifically including a limited liability
corporation or nonprofit corporation, shall provide a copy of the
articles of incorporation with amendments, names and residential addresses
of all current officers and directors, and the name and address of
each stockholder holding more than five (5) percent of any class of
stock of the corporation at the time of the application or thereafter;
(ii)
A foreign corporation shall provide a copy of the certificate
of authority to transact business in the state with all amendments,
names and residential addresses of current officers and directors;
and names and addresses of each stockholder holding more than five
(5) percent of any class of stock of the corporation at the time of
the application;
(iii)
A general or limited partnership shall provide the full legal
name and residential address of each of the partners, including limited
partners; if the applicant is a limited partnership formed under the
laws of the state, a copy of the certificate of limited partnership
filed with the office of the secretary of state, and amendments included;
if one or more of the partners is a corporation, the information required
of corporate applicants shall be included in the application in addition
to these requirements;
(iv)
If the applicant is a joint venture or other similar entity, the full legal names and residential addresses of the participants and their valid driver’s license numbers or state department of public safety identification card numbers are required if the participants are individuals; if any participant is a corporation or partnership, the applicable information required in subsection (i), (ii), or (iii) above shall be provided; and
(v)
As to each person required to be identified in this section,
the application shall also contain a statement as to any ownership
interest that person has in any other sexually oriented business in
the city and/or the county; a description as to any management, supervisory,
or oversight responsibility that person will have in the sexually
oriented business; a valid driver’s license number or state
department of public safety identification card number; and a certification
as to each officer, director, partner or participant that she/he has
not been convicted of any of the crimes listed as specified criminal
activity.
(2)
If the applicant intends to operate the sexually oriented business
under an assumed name, a copy of the assumed name certificate filed
in compliance with chapter 36 of the Texas Business and Commerce Code.
If the sexually oriented business is licensed under the Texas Alcoholic
Beverage Code, the application shall be filed and the sexually oriented
business shall conduct business under the name shown on the liquor
license.
(3)
If the applicant, or a person residing with the applicant, has been
convicted of, or had been released from jail for, a specified criminal
activity as defined in this article within the five-year period prior
to the date of the application for a felony offense or within the
two-year period prior to the date of the application for a misdemeanor
offense, the application shall include documentation stating the specific
criminal activity involved, the date, place, and jurisdiction of each
activity.
(4)
If the applicant, or a person residing with the applicant, has had
a previous license under this article or other similar sexually oriented
business ordinances from another city or county denied, suspended
or revoked, the application shall include documentation stating the
name and location of the sexually oriented business for which the
permit was denied, suspended or revoked, as well as the date of the
denial, suspension or revocation. If the applicant or a person residing
with the applicant has been a partner in a partnership or an officer,
director or five (5) percent or larger stockholder of a corporation
that is licensed under this article or other similar sexually oriented
business ordinances whose license has previously been denied, suspended
or revoked, the application shall include documentation stating the
name and location of the sexually oriented business for which the
permit was denied, suspended or revoked as well as the date of denial,
suspension or revocation.
(5)
If the applicant or a person residing with the applicant holds any
other licenses under this article or other similar sexually oriented
business ordinance from another city or county, then the applicant
shall provide the names and locations of such other licensed business
and copies of those licenses.
(6)
A designation of which single classification of license the applicant
is applying for. The classifications of licenses are:
(A)
Adult arcade.
(B)
Adult bookstore.
(C)
Adult novelty store.
(D)
Adult video store.
(E)
Adult cabaret.
(F)
Adult motel.
(G)
Adult motion picture theater.
(H)
Adult theater.
(I)
Adult mini-theater.
(J)
Nude model studio.
(K)
Sexual encounter center.
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A separate application, application fee, and license fee shall
be submitted for each classification.
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(7)
The location of the proposed sexually oriented business, including
a legal description and ownership of the property, street address,
and telephone number(s), if any, and a copy of any lease or rental
agreement.
(8)
The mailing address and residential address of all applicants.
(9)
A recent photograph of the applicant(s).
(10)
The applicant’s driver’s license number, social security
number, and state or federally issued tax identification number.
(11)
A reliable estimate of the number of employees, including a description
of the capacities in which they will be employed; and a general description
of the management structure for the enterprise. A sketch or diagram
showing the configuration of the premises, including a statement of
total floor space occupied by the business. The sketch or diagram
need not be professionally prepared, but must be drawn to a designated
scale or drawn with marked dimensions of the interior of the premises
to an accuracy of plus or minus six (6) inches.
(12)
If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises films, videocassettes, laser disks, other video reproductions, or live entertainment which depicts specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in section 6.04.092.
(13)
A certification that the proposed sexually oriented business will
be located:
(A)
A minimum of one thousand five hundred (1,500) feet from any church,
child care facility, school, hospital, public building, public park
or single-family dwelling zoning district boundary.
(B)
Where not more than two (2) other sexually oriented businesses are
located within a distance of two thousand (2,000) feet of the proposed
location. This restriction shall not apply to permitted sexually oriented
businesses in existence on the effective date of these regulations.
(C)
This subsection shall apply only to property uses in existence at
that location at least thirty (30) days prior to the date of application.
(D)
For the purposes of this subsection, measurements shall be made in a straight line from the nearest portion of the building or appurtenance used by the sexually oriented business to the nearest portion of the building or appurtenance that is used for the purposes identified in subsection (A) or (B) above. These distance restrictions apply to an identified purpose whether or not the building or appurtenance used for an identified purpose is located within the city or the unincorporated area of the county.
(E)
The distance requirements set out in this subsection shall not apply
to a business which holds a valid sexually oriented business license
on the date this ordinance becomes effective or the sale or subsequent
sales of such business or transfer of such license, but shall apply
to all other new applications.
(14)
The applicant’s complete business license or permit history,
including any permit or license which has been issued to the applicant(s)
by any agency, board, city, county or state, and any professional
or vocational license or permit. This shall include those which have
expired or are currently in effect and shall include any license or
permit that has been denied, or was issued to the applicant and subsequently
revoked or suspended. If there have been licenses or permits which
were denied, revoked or suspended, the permit history shall include
the reason for that action.
(g)
Before
any applicant may be issued a sexually oriented business employee
license, the applicant shall submit on a form to be provided by the
city the following information, which shall be deemed confidential
pursuant to Texas Government Code, section 552.101:
(1)
The applicant’s full legal name or any other names (including
“stage” names) or aliases used by the individual;
(2)
Age, date, and place of birth;
(3)
Height, weight, and hair and eye color;
(4)
Present residence address and telephone number, unless the applicant
wishes the information to remain confidential. In such a case, the
information must be provided to the person managing the business for
whom they work and it must be available at that location to any authorized
employee of the city;
(5)
Present business address and telephone number;
(6)
Date, issuing state and number of driver’s permit, United States
military identification or other state identification card information;
(7)
Social security number; and
(8)
Proof that the individual is at least eighteen (18) years of age.
(h)
Attached
to the application form for a sexually oriented business employee
license, as provided above, shall be the following:
(1)
Three (3) color photographs, including a color photograph of the
applicant clearly showing the applicant’s face, on a form provided
by the police department. Any fees for the photographs shall be paid
by the applicant.
(2)
A statement detailing the work history of the applicant for the five
(5) years immediately preceding the date of the filing of the application.
The statement must include whether such applicant previously operated
or is seeking to operate, in this or any other county, city, state,
or country, a sexually oriented business and whether the applicant
has ever had a license, permit, or authorization to do business denied,
revoked, or suspended, or had any professional, vocational or sexually
oriented business employee license or permit denied, revoked, or suspended.
In the event of any such denial, revocation, or suspension, the applicant
shall state the name of the issuing or denying jurisdiction, and describe
in full the reason for the denial, revocation, or suspension. A copy
of any order of denial, revocation or suspension and, if applicable,
any reinstatement shall be attached to the application.
(3)
A statement whether the applicant has been convicted of, or had been
released from jail for, a specified criminal activity, as defined
in this article, within the five-year period prior to the date of
the application for a felony offense or within the two-year period
prior to the date of the application for a misdemeanor offense and,
if so, the specified criminal activity involved, the date, place and
jurisdiction of each conviction.
(4)
A statement as to whether the applicant has had or now has a sexually
oriented business employee license. If the applicant had or has such
a license, list the agency which issued the license, date of issuance
and license number.
(i)
The
application shall contain a statement by each applicant under oath
that:
(j)
An
applicant may be required to provide fingerprints to be used to verify
the applicant’s identity and criminal history information. Each
applicant shall sign a waiver and authorization form authorizing the
chief of police or his designee to request on behalf of the applicant
criminal history reports from the state department of public safety
and any appropriate federal agency.
(k)
A
separate application and permit shall be required for each single
classification of license at each sexually oriented business.
(l)
The
applicant/licensee shall be under a continuing affirmative duty while
the application is pending and during the effective dates of any license
to notify the chief of police or his designee of any of the following
events. Notice shall be provided in writing and delivered no later
than seven (7) days after the occurrence of:
(1)
Any address and/or name change of the individual applicant or licensee;
(2)
Revocation or suspension of any permit or license listed in the application;
(3)
A licensee being charged in a court of law with any specified criminal
activity; or
(4)
A sexually oriented business licensee becoming aware of any of their
licensed employees being charged with any specified criminal activity.
(Ordinance 00-10, sec. 1, adopted 1/25/00; 1978 Code, sec. 7-83; Ordinance 09-049, secs. 2–4, adopted 9/8/09)
(a)
Within
thirty (30) business days of receipt of an application, either original
or renewal, for a sexually oriented business, if necessary the city
(including its health, fire, police, zoning and building codes and
other city departments) shall inspect the premises of a sexually oriented
business and the city shall grant or deny the requested license and
give written notice to the applicant as to the decision, unless such
time period is extended at the request of the applicant. The applicant
may request, in writing, that such period be extended for an additional
period of not more than ten (10) business days. Written request must
be delivered to the city clerk and chief of police.
(b)
Upon
receipt of any application, either original or renewal, for a sexually
oriented business employee license, the city shall issue a ten-day
temporary license and shall grant or deny the requested license and
give written notice to the applicant as to the decision within such
time period. The time period may be extended for a maximum of ten
(10) additional business days based upon a need to conduct an additional
investigation by the police department. The issuance of a temporary
license shall not create any property right in securing a license
and shall not be any indication that the applicant will receive or
is entitled to a license.
(d)
The
sexually oriented business or sexually oriented business employee
license shall be denied upon a finding by the city of any of the following
facts:
(1)
The applicant failed to supply all the information requested on the
application;
(2)
The applicant gave materially false, fraudulent or untrue information
on the application;
(3)
The applicant has been convicted of, or had been released from jail
for, a specified criminal activity as defined in this article, to
wit: a felony within the five-year period prior to the date of the
application or a misdemeanor within the two-year period prior to the
date of the application;
(4)
The applicant is under the age of eighteen (18) years;
(5)
The applicant’s proposed sexually oriented business is located
within one thousand five hundred (1,500) feet from any church, child
care facility, school, dwelling, hospital, public building or public
park;
(6)
The proposed sexually oriented business would be located where more
than two (2) other sexually oriented businesses would be located within
the distance of two thousand (2,000) feet of the proposed location;
(7)
The proposed sexually oriented business does not meet all the requirements
of this article: or the sexually oriented business is otherwise prohibited
by city ordinance, state or federal law;
(8)
The applicant has had a sexually oriented business employee license
or sexually oriented business license revoked by the city within two
(2) years prior to the current application;
(9)
The sexually oriented business employee license is to be used for
employment in a business prohibited by local or state law, statute,
rule or regulation, or prohibited by a particular provision of this
article;
(10)
The applicant is overdue in payment to any governmental agency of
taxes, fees, fines or other penalties assessed against or imposed
upon him/her in relation to any business or property;
(11)
The applicant or a person with whom the applicant is residing has
been denied a license by the city to operate a sexually oriented business
within the preceding twelve (12) months or whose license to operate
a sexually oriented business has been revoked within the preceding
twelve (12) months;
(12)
The applicant or a person with whom the applicant is residing has
been convicted, or had been released from jail for, of a specified
criminal activity as defined in this article within the five-year
period prior to the date of the application for a felony offense or
within the two-year period prior to the date of the application for
a misdemeanor offense; or
(13)
The applicant failed to post the notice sign as required in section 6.04.051(b).
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The distance requirements set out in subsections (e)(5) and
(6) shall not apply to an application for renewal of a sexually oriented
business license which was valid and the business was in operation
on the date this ordinance became effective.
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(e)
A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the city that the applicant has not been convicted of any specified criminal activity as defined in this article or has not committed any act during the existence of the previous license which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in section 6.04.053.
(f)
A license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business, and the single classification for which the license is issued pursuant to section 6.04.051. The license issued to the sexually oriented business shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time. The license issued to the employee shall be available for inspection by the police at any time the employee is present on the premises of a sexually oriented business.
(g)
Any
application for renewal of a license shall be filed not more than
sixty (60) days nor less than thirty (30) days prior to the expiration
of the date of the license.
(h)
The
written notice provided by the city as to the denial of any application
does not prohibit the city, in litigation on any appeal, from presenting
evidence of additional or alternative facts that support the denial
of the license.
(i)
Upon
denial of a license, the applicant shall have the opportunity to appear
before a hearings officer appointed by the city manager upon written
request submitted to the city manager within ten (10) business days
of delivery of the notice of denial. The hearing shall be held within
fourteen (14) business days of receipt of the request for a hearing
on the application and the applicant and the city attorney or his
designee shall be provided an opportunity to present evidence and
cross-examine witnesses.
(j)
Upon
a finding from a preponderance of the evidence presented at the hearing
that cause exists for denial of the license, the hearings officer
shall order the application be denied. The hearings officer shall
issue a written order to the applicant pursuant to this article.
(Ordinance 00-10, sec. 1, adopted 1/25/00; 1978 Code, sec. 7-84; Ordinance 07-019, sec. 5, adopted 3/6/07; Ordinance 09-049, secs. 5–9, adopted 9/8/09)
(a)
Every
application for each classification of a sexually oriented business
license (whether for a new license or for renewal of an existing license)
shall be accompanied by a five hundred dollar ($500.00) nonrefundable
application and investigation fee.
(b)
In
addition to the application and investigation fee required above,
for each classification of sexually oriented business license granted
(new or renewal), the licensee shall pay to the city an annual nonrefundable
license fee of three hundred dollars ($300.00) at the time of issuance
of license or renewal.
(c)
Every
original application for a sexually oriented business employee license
(whether for a new license or for renewal of an existing license)
shall be accompanied by a twenty-five dollar ($25.00) nonrefundable
application, investigation, and license fee. Thereafter the renewal
fee shall be fifteen dollars ($15.00) per year.
(d)
All
license and application fees shall be submitted to the central collections
division of the city in the form of a certified check, cashier’s
check, money order, or cash. If payment thereon is not honored, the
city may suspend the license by written notice to the applicant until
full payment is received.
(Ordinance 00-10, sec. 1, adopted 1/25/00; 1978 Code, sec. 7-85)
(a)
An
applicant or licensee shall permit representatives of the police department,
health department, fire department, zoning division, or other city
department or agency to inspect the premises of a sexually oriented
business for the purpose of insuring compliance with federal, state
or city statutes, codes, ordinances, or regulations, at any time it
is occupied by the person managing the premises or open for business.
(b)
A
person who operates a sexually oriented business or his/her agent
or employee commits a misdemeanor if he/she intentionally or knowingly
refuses to permit such lawful inspection of the premises at any time
the sexually oriented business is open.
(Ordinance 00-10, sec. 1, adopted 1/25/00; 1978 Code, sec. 7-86; Ordinance 09-049, sec. 10, adopted 9/8/09)
(a)
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in section 6.04.051. Application for renewal shall be made at least thirty (30) days before the expiration date, and, when made less than thirty (30) days before the expiration date, the expiration of the license will not be affected but the application will be considered an application for a new license and not as a renewal of an existing license and be subject to the fees and regulations concerning issuance of a new license.
(b)
If
subsequent to denial, the city finds that the basis for denial of
the renewal license has been corrected or abated, the applicant may
be granted a license if at least forty-five (45) days have elapsed
since the date the denial became final.
(Ordinance 00-10, sec. 1, adopted 1/25/00; 1978 Code, sec. 7-87; Ordinance 09-049, sec. 11, adopted 9/8/09)
(a)
The
police chief and the city attorney shall have the authority and power
to initiate, by request to the city manager, a proceeding to suspend
a license issued pursuant to this article if there is probable cause
to believe that a violation of this article has occurred.
(b)
If
the city manager finds that probable cause exists to believe that
a violation of this article has occurred, the city manager shall forward
to the license holder or the holder’s designated agent a written
notice setting forth the reasons for the action. Subject to a request
for a hearing pursuant to this article, the suspension shall become
final on the tenth day following notice to the licensee as provided
in this article.
(c)
The licensee shall have the opportunity to appeal pursuant to section 6.04.060 upon written request submitted to the city manager within ten (10) business days of delivery of the notice of suspension. The hearing shall be held within fourteen (14) business days of receipt of the request for a hearing on the license, and the licensee and the city attorney or his designee shall be provided an opportunity to present evidence and cross-examine witnesses.
(d)
Upon
finding from a preponderance of the evidence presented at the hearing
that cause exists for suspending the license, the hearings officer
shall suspend the license for a period not to exceed sixty (60) days.
The hearings officer shall issue a written order suspending the license
effective upon notice to the licensee pursuant to this article.
(Ordinance 00-10, sec. 1, adopted 1/25/00; 1978 Code, sec. 7-88; Ordinance 07-019, sec. 6, adopted 3/6/07)
(a)
The
police chief and the city attorney shall have the authority and power
to initiate, by request to the city manager, a proceeding to revoke
a license issued pursuant to this article if there is probable cause
to believe a violation of this article as set out herein has occurred:
(1)
A licensee gave false or misleading information in the material submitted
during the application process;
(2)
A licensee or an employee managing a sexually oriented business has
knowingly or recklessly allowed the possession, use or sale of controlled
substances as defined in Texas Health and Safety Code, section 481.002,
or dangerous drugs as defined in Texas Health and Safety Code, section
483.001 (or their successor statutes) to occur on the licensed premises;
(3)
A licensee or employee managing a sexually oriented business has
knowingly or recklessly allowed any criminal activity to occur on
the licensed premises;
(4)
A licensee or any employee managing the sexually oriented business
has knowingly operated the sexually oriented business during a period
of time when the licensee’s license was suspended;
(5)
Except in the case of an adult motel, a licensee or any employee
managing the sexually oriented business has knowingly or recklessly
allowed any act of sexual intercourse, sodomy, oral copulation, masturbation,
or other sex act to occur in or on the licensed premises;
(6)
A licensee or an employee managing the sexually oriented business
has been convicted of any specified sexual activity during the time
the license was issued;
(7)
The sexually oriented business license should not have been issued
pursuant to this article;
(8)
The sexually oriented business has been closed for business for a
period of thirty (30) consecutive days, unless the closure is due
to circumstances beyond the control of the licensee and the licensee
is proceeding with due diligence to reopen the sexually oriented business;
(9)
The sexually oriented business license has been suspended within
the preceding twelve (12) months; or
(10)
A licensee or the employee managing the sexually oriented business
is delinquent in payment to any governmental agency of any taxes or
fees owed.
(b)
When
a license has been revoked, the revocation shall continue for one
(1) year, and the licensee and anyone residing with him shall not
be issued a sexually oriented business license for one (1) year from
the date the revocation becomes effective. If, subsequent to revocation,
the city finds that the basis for the revocation has been corrected
or abated, the licensee may be granted a license if at least forty-five
(45) days have elapsed since the date the revocation became effective.
(c)
If the city manager finds that probable cause exists to believe that a violation of any of the violations set out in this section has occurred, the city manager shall forward to the license holder or the holder’s designated agent a written notice setting forth the reasons for the action. Subject to a request for a hearing pursuant to section 6.04.060, the revocation shall become final on the tenth day following notice to the licensee as provided in this article.
(d)
The
licensee shall have the opportunity to appear before a hearings officer
appointed by the city manager upon written request submitted to the
city manager within ten (10) business days of delivery of the notice
of revocation. The hearing shall be held within fourteen (14) business
days of receipt of the request for a hearing on the license and the
licensee and the city attorney or his designee shall be provided an
opportunity to present evidence and cross-examine witnesses.
(e)
Upon
a finding from a preponderance of the evidence presented at the hearing
that cause exists for revocation of the license, the hearings officer
shall order the license to be revoked for a period of one (1) year.
The hearings officer shall issue a written order revoking the license
effective upon notice to the licensee pursuant to this article.
(Ordinance 00-10, sec. 1, adopted 1/25/00; 1978 Code, sec. 7-89; Ordinance 07-019, sec. 7, adopted 3/6/07)
A license issued under this article is personal to the licensee
or licensees and may not be transferred to another, nor shall a licensee
operate a sexually oriented business under the authority of a license
at any place other than the address designated in the application.
(Ordinance 00-10, sec. 1, adopted 1/25/00; 1978 Code, sec. 7-90)
(a)
Any
licensee, operator or applicant of a sexually oriented business who
is aggrieved by a decision that denies, suspends, or revokes a license
and who has complied fully and timely with all applicable provisions
pertaining to appeals of decisions in this article may seek appropriate
judicial relief by writ of mandamus or other available remedy in a
court of competent jurisdiction.
(b)
The
person aggrieved by the decision of the city may seek judicial review
of such decision immediately following the decision.
(c)
The decision of the hearings official suspending or revoking a license under this article shall be final as of the date written notice of the hearings official’s decision is given pursuant to section 6.04.006 to the licensee or operator of the sexually oriented business, but, in order to afford the license holder an opportunity to seek judicial review, shall not be effective for purposes of enforcement of the decision by the hearings officer or city until the tenth day following such notice. If the license holder initiates litigation for the purpose of seeking judicial review within the ten-day period, then the decision shall not be effective for purposes of enforcement prior to the thirtieth day following such notice. This subsection shall apply only to a decision sustaining the suspension or revocation of a license for an existing sexually oriented business and shall not apply to a decision sustaining the denial of an initial application for a proposed sexually oriented business.
(Ordinance 00-10, sec. 1, adopted 1/25/00; 1978 Code, sec. 7-104; Ordinance 07-019, sec. 8, adopted 3/6/07)
(a)
When
the city manager receives a timely written request for a hearing concerning
the denial of a license or the suspension or revocation of a license,
the city manager shall initiate the public hearing procedure, as follows:
(1)
The city manager shall appoint a hearings officer and a date and
location shall be set for the public hearing to be held within fourteen
(14) business days of the receipt of the written request for hearing.
(2)
The city clerk or his/her designee shall send the person requesting
the hearing and/or licensee a written notice at least ten (10) days
in advance and shall make a copy of the notice of hearing available
to the public.
(3)
The hearings officer may reschedule the hearing for good cause. If
rescheduled, new notice of hearing shall be posted as provided herein.
(4)
The person requesting the hearing may request that a court reporter
make a record of the hearing. This request must be made at least two
(2) days prior to the hearing and all costs associated with the court
reporter and the cost of making an official record and one (1) transcript
for the city shall be borne by the person requesting the hearing.
The hearings officer shall arrange for a court reporter to make a
record of the hearing, including exhibits and testimony.
(b)
The
hearing shall be conducted by the hearings officer under the following
guidelines. The hearings officer shall liberally construe these guidelines.
(1)
Parties may be assisted by counsel;
(2)
Parties may expressly waive the right to counsel;
(3)
The hearings official shall, upon proper request, provide for appropriate
facilities for any disabled person to be able to participate in the
hearing. This shall include, but not be limited to: interpreters for
deaf or hearing-impaired participants, wheelchair access and special
seating arrangements;
(4)
Participants in the proceeding may supply interpreters for language
translation and the hearings officer shall accommodate the translation
of proceedings;
(5)
The hearings officer may exclude evidence that is irrelevant, immaterial,
or unduly repetitious. Relevancy and materiality shall be evaluated
by the relation of the evidence to the nature of the hearing, i.e.,
initial application, renewal, or revocation, etc.;
(6)
If no request is made for an official record, any person may record,
videotape or transcribe the hearing providing there is no interference
with the proceeding. The hearings officer shall have the power to
limit any interference with the proceeding.
(c)
The
hearings officer may continue a hearing to a date not later than ten
(10) days after the initial hearing if:
(1)
The hearing has lasted at least two and one-half (2-1/2) hours and
it appears to the hearings officer that a significant amount of time
is required to fully present the public concerns and/or matters related
to the issue before the hearings official; or
(2)
The parties need additional time to develop a solution to issues
identified at the hearing.
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A continuation shall not be for the purpose of delay or developing
new evidence.
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(d)
After
the conclusion of the public hearing, the hearings officer shall,
within five (5) business days after the conclusion of the hearing,
produce a written statement containing the hearings officer’s
findings of fact, conclusions of law, and/or recommendations as they
would relate to the issue(s) pending before the hearings officer.
This written statement shall be forwarded to the city attorney, the
applicant or licensee, and the party who requested the hearing (if
appropriate). If no official record of the hearing has been requested,
the hearings officer’s statement shall be the official record
of the public hearing. The written decision of the hearings officer
shall be final, subject to judicial review.
(Ordinance 00-10, sec. 1, adopted 1/25/00; 1978 Code, sec. 7-105; Ordinance 07-019, sec. 9, adopted 3/6/07; Ordinance 09-049, sec. 13, adopted 9/8/09)
(a)
If
a sexually oriented business or business employee license is lost,
stolen, or destroyed, a replacement may be obtained by filing a lost
license application with the police chief or his designee and paying
a replacement fee.
(b)
A
replacement license shall be issued upon confirmation of the identity
of the applicant and status of the license through the records of
the city clerk and police department.
(c)
The
claim that a license was lost or stolen shall not be a defense to
prosecution for conducting business or engaging in employment if the
business operates or the employee works without a valid license being
displayed as required in this article.
(d)
A
license issued pursuant to this article which is found in the possession
of any person other than the authorized license holder may be immediately
seized by any law enforcement officer, who shall then forward the
license to the chief of police.
(e)
It
shall be a misdemeanor for any person, other than the authorized licensee,
to display or use any license issued pursuant to this article.
(Ordinance 00-10, sec. 1, adopted 1/25/00; 1978 Code, sec. 7-106)
