(a) A
person commits an offense if he operates a sexually oriented business
without a valid license issued by the city for the particular type
of business.
(b) An
application for a license must be made on a form provided by the mayor.
The application form shall be sworn to and shall:
(1) Include the name and address of the applicant;
(2) State whether the applicant meets each of the requirements set forth in section
4.06.042 of this article;
(3) Include the name and address of each person required to sign the application pursuant to subsection
(d) of this section, and the name, address and type of entity (if applicable) of each person or entity owned or controlled by such person that owns or controls an interest in the business to be licensed; and
(4) Include such other matters, consistent with this article, as may
be specified in the application form.
The application must be accompanied by 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 inches (6"). Applicants who must comply with section
4.06.115 of this article shall submit a diagram meeting the requirements of section
4.06.115 of this article.
(c) The
applicant must be qualified according to the provisions of this article
and the premises must be inspected and found to be in compliance with
the law by the mayor.
(d) If a person who wishes to operate a sexually oriented business is an individual, he or she must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a twenty percent (20%) or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under section
4.06.042 of this article and each applicant shall be considered a licensee if a license is granted.
(e) Each
applicant for a sexually oriented business license shall, not later
than the 60th day before the date the application is filed for the
license, place at the proposed location an outdoor sign (at least
24 inches x 36 inches in size) which provides notification and information
specifically stating that a sexually oriented business is intended
to be located on the premises and providing the name and business
address of the applicant. All lettering on the sign must be at least
two (2) inches in size.
(2001 Code, sec. 114.04; Ordinance
adopting Code)
The annual fee for a sexually oriented business license shall be as prescribed in section
A4.004 of the fee schedule (appendix
A of this code).
(2001 Code, sec. 114.06)
Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in section
4.06.041. Application for renewal should 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.
(2001 Code, sec. 114.08)
The mayor shall suspend a license for a period not to exceed
thirty (30) days if he determines that a licensee or an agent or employee
of a licensee has:
(2) Engaged
in excessive use of alcoholic beverages while on the sexually oriented
business premises;
(3) Refused
to allow an inspection of the sexually oriented business premises
as authorized by this article;
(4) Knowingly
permitted gambling by any person on the sexually oriented business
premises; or
(5) Demonstrated
inability to operate or manage a sexually oriented business in a peaceful
and law-abiding manner, thus necessitating action by law enforcement
officers.
(2001 Code, sec. 114.09)
If the mayor denies the issuance of a license, or suspends or
revokes a license, he shall send to the applicant, or licensee, by
certified mail, return receipt requested, written notice of the action
and the right of an appeal. Upon receipt of written notice of the
denial, suspension, or revocation, the licensee whose application
has been denied or whose license has been suspended or revoked shall
have the right to appeal to the state district court. An appeal to
the state district court must be filed within thirty (30) days after
the receipt of notice of the decision. The licensee shall bear the
burden of proof in court.
(2001 Code, sec. 114.11)
A licensee shall not transfer his license 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.
(2001 Code, sec. 114.12)