The provisions of this division are expressly made cumulative of other applicable laws including, without limitation, to the entire ordinance.
(2006 Code, sec. 22-60; Ordinance 10-09-853, sec. 2, adopted 9/7/10)
(a) 
It shall be unlawful for any person who does not hold a manager’s permit or temporary manager’s permit or to act as a manager of or in a sexually oriented business.
(b) 
It shall be unlawful for any person who does not hold an entertainer’s permit or temporary entertainer’s permit to act as an entertainer in a sexually oriented business.
(c) 
It shall be the duty of a licensee, operator and owner(s) of each sexually oriented business to ensure that no person acts as an entertainer or manager of or in the sexually oriented business unless that person holds a permit or temporary permit.
(2006 Code, sec. 22-61; Ordinance 10-09-853, sec. 2, adopted 9/7/10)
(a) 
Any person who desires to obtain an original or renewal permit shall make application to the chief of police or his designee in person at the police department between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, city-observed holidays excepted. The application shall be made under oath upon a form prescribed by the chief of police and shall include:
(1) 
The name, home street address and mailing address (if different) of the applicant;
(2) 
Proof of the date of birth of the applicant and the identity of the applicant, including at least one photographic identity card issued by a governmental agency; and
(3) 
A list of any criminal charges pending, convictions, and time of service in jail or prison as related to any applicable offense that is specified in section 6.07.032 of this article.
(b) 
Each application shall be accompanied by a nonrefundable processing fee established by the fee schedule in appendix A of this code. Each applicant shall be required to obtain from the state department of public safety a copy of their criminal history report and surrender it to the police department upon making application.
(c) 
The chief of police shall issue the permit within three business days from the date of filing of the application unless he finds that the applicant has been convicted of or spent time in jail or prison for an offense specified in section 6.07.032 of this article within the time specified therein. If the application is not granted, then the applicant shall be mailed notice of the grounds and of their right to provide evidence and request a hearing as provided by section 6.07.040 of this article, within ten calendar days from the date of filing of the application.
(d) 
Each permit issued by the chief of police shall consist of two photographic identification cards, a personal card and an on-site card.
(e) 
Any applicant whose application is denied and who requests a hearing on the denial shall be granted a hearing within 30 calendar days following the receipt of the request by the chief of police. The hearing shall be conducted as provided in section 6.07.040 of this article.
(f) 
In the event that the chief of police fails to issue or deny a permit application within the time specified in subsection (c) or to provide a hearing within the time specified in subsection (e), then the applicant shall, upon written request, be immediately issued a temporary permit which shall be valid until the third day after the applicant is given notice of the decision of the chief of police or the hearing officer.
(g) 
If any personal card or on-site card is lost or stolen, the holder thereof shall immediately notify the police department and request a replacement, which shall be issued for a fee as established by the fee schedule in appendix A of this code within three days following verification of the identity of the holder.
(h) 
No permit application shall be accepted nor shall a permit be issued to any person who does not provide proof that he is at least 18 years old. Any permit issued by virtue of any misrepresentation or error to any person under age 18 shall be void, and the holder of such permit shall be subject to criminal prosecution.
(i) 
A temporary manager’s permit or temporary entertainer’s permit shall be issued within 24 hours of the application when:
(1) 
The application has been completed and submitted to the police department;
(2) 
The applicant supplies a copy of a valid and lawful photographic identification card that was issued to the individual by a governmental authority of the United States of America or any state, possession, commonwealth, or territory thereof;
(3) 
A preliminary investigation indicates that the applicant is otherwise qualified under this article for the issuance of a temporary permit; and
(4) 
The applicant has not applied for or been granted a temporary permit in the year preceding the application.
(2006 Code, sec. 22-62; Ordinance 10-09-853, sec. 2, adopted 9/7/10; Ordinance adopting 2015 Code)
(a) 
A permit is valid for one year from the date of its issuance.
(b) 
A temporary entertainer’s permit or temporary manager’s permit shall be valid for 30 calendar days.
(c) 
A permit is personal to the named permit holder and is not valid for use by any other person.
(d) 
Each permit holder shall notify the police department of his new address within ten days following any change of address.
(e) 
Permits shall be portable from location to location, so long as each such location is a validly licensed sexually oriented business.
(2006 Code, sec. 22-63; Ordinance 10-09-853, sec. 2, adopted 9/7/10)
(a) 
Each manager or entertainer shall conspicuously display his personal card upon his person at all times while acting as an entertainer or manager of or in a sexually oriented business.
(b) 
Each manager or entertainer shall provide his on-site card to the manager or on-site manager in charge of the sexually oriented business to hold while the manager or entertainer is on the premises.
(c) 
In any prosecution under this section, it shall be presumed that the actor did not have a permit unless the permit was on display as required under subsection (a) of this section.
(2006 Code, sec. 22-64; Ordinance 10-09-853, sec. 2, adopted 9/7/10)
In the event that the chief of police has reasonable grounds to believe that any permit holder has been convicted of or has spent time in jail or prison for any offense as specified in the applicable provision of section 6.07.032 of this article within the time specified therein, then the chief of police may revoke the permit following a notice of the grounds pursuant to section 6.07.038. The permit holder has a right to administrative hearing pursuant to section 6.07.040. In the event that the hearing officer determines that the permit should be revoked, he or she shall then issue or render a decision pursuant to section 6.07.040 following the mailing of notice of the decree to the permit holder in order to allow the permit holder an opportunity before the permit must be surrendered to seek a injunction or judicial review of the decision as authorized in section 6.07.040 of this article.
(2006 Code, sec. 22-65; Ordinance 10-09-853, sec. 2, adopted 9/7/10)
(a) 
It shall be unlawful for an individual to intentionally or knowingly appear in a state of nudity or semi-nudity within 50 feet of a public place or establishment that serves or permits the consumption of alcohol.
(b) 
It shall be unlawful for a person, individual, corporation, or association that manages or operates a sexually oriented business to intentionally or knowingly allow an individual to appear on the premises of said establishment in a state of nudity or semi-nudity.
(c) 
It shall be unlawful for an owner-operator of a sexually oriented business to intentionally or knowingly allow an individual to appear on the premises of said establishment in a state of nudity or semi-nudity.
(d) 
Exceptions. It is an exception to the application of this section that at the time of the state of nudity or semi-nudity the actor was:
(1) 
An individual, person, or in the case of subsections (b) or (c), an association, who manages, operates, or appears nude in a public place that is a business operated by or employing a licensed psychologist, licensed physical therapist, licensed athletic trainer, licensed cosmetologist, licensed massage therapist, or licensed barber engaged in performing functions authorized under the lawful license held;
(2) 
An individual, person, or, in the case of subsections (b) or (c), an association, who owns, manages, operates, or appears nude in a public place that is a business operated by or employing a licensed physician or chiropractor engaged in practicing the healing arts; or
(3) 
An individual, person, or in the case of subsections (b) or (c), an association, who owns, manages, operates, or appears nude in a public place that is a business licensed as a tattoo studio or a body piercing studio and was engaged in practices authorized under the license.
(2006 Code, sec. 22-66; Ordinance 10-09-853, sec. 2, adopted 9/7/10; Ordinance adopting 2015 Code)
(a) 
It shall be the duty of the operator of a sexually oriented business to:
(1) 
Ensure that at least two conspicuous signs, visible from a public right-of-way, stating that no loitering is permitted on the premises, are posted on the exterior of the structure;
(2) 
Designate one or more employees to monitor the parking lot of the premises by the use of video cameras and monitors, which shall operate and record continuously at all times that the premises are open for business. The monitors shall be installed within a manager’s station, and the operator of a sexually oriented business shall preserve the recordings of the parking lot of the premises for a period of not less than one week before the recording may be erased. Recordings maintained under this section are subject to the inspection requirements set forth in section 6.07.034.
(b) 
No sexually oriented business shall erect a fence, wall, or similar barrier that prevents any portion of the parking lot(s) for the establishment from being visible from a public right-of-way.
(c) 
It shall be unlawful for a person having a duty under this section to intentionally or knowingly fail to fulfill that duty.
(2006 Code, sec. 22-67; Ordinance 10-09-853, sec. 2, adopted 9/7/10)