(a) Unless
a person holds the appropriate license issued under this article,
a person may not:
(1) Operate a sexually oriented business; or
(2) Obtain employment from or work for a sexually oriented business.
(b) A
person who possesses a valid business license and operates a sexually
oriented business is not exempt from the requirement of obtaining
a license under this article.
(Ordinance 100601-1 adopted 6/1/10)
(a) A
person is not eligible for a license under this article if:
(1) The person is an individual and has been convicted of, entered a
plea of nolo contendere or guilty to, or received deferred adjudication
for any of the following offenses:
(A) Prostitution or promotion of prostitution;
(B) Dissemination of obscenity;
(C) Sale, distribution, or display of harmful material to a minor;
(D) Sexual performance by a child;
(E) Possession or distribution of child pornography;
(F) Public lewdness; indecent exposure;
(H) Engaging in organized criminal activity relating to a sexually oriented
business;
(K) Distribution of a controlled substance; or
(L) Any similar offense to those described above under the criminal penal
code of other states or countries; and
(2) For which the license application is made before:
(A) The second anniversary of the later of the date of conviction or
the date of release from confinement imposed for the conviction if
the conviction is of a misdemeanor offense;
(B) The fifth anniversary of the later of the date of conviction or the
date of release from confinement for the conviction if the conviction
is of a felony offense; or
(C) The fifth anniversary of the later of the date of the last conviction
or the date or release from confinement for the last conviction if
the person was convicted of two or more misdemeanor offenses occurring
within a twenty-four-month period.
(3) The fact that a person has appealed the person’s conviction
does not make the person or another person residing with the person
eligible for a license during the pendency of the appeal.
(4) A person convicted of a violation of this article is ineligible for
a license as a sexually oriented business until the fifth anniversary
of the date of the conviction.
(b) An
application for a license must be made on a form provided by the enforcement
officer.
(c) An
applicant for a sexually oriented business license or a sexually oriented
business employee license shall file with the enforcement officer
a completed application made on a form prescribed and provided by
the city. An application shall be considered complete if it includes
the information required in this section. The applicant shall be qualified
according to the provisions of this article. The application shall
be notarized. The application shall include the following information:
(1) The current full name of the applicant and any other names used by
the applicant in the preceding five years.
(2) The current home address and business address of the applicant.
(3) Either a set of fingerprints suitable for conducting necessary background
checks pursuant to this article, or the applicant’s Social Security
number and a copy of the applicant’s driver’s license
to be used for the same purpose.
(4) If the application is for a sexually oriented business license: the
name, business location, legal description, business mailing address,
and phone number of the proposed sexually oriented business.
(5) Written proof of age, in the form of either:
(A) A copy of a birth certificate and a current photo;
(B) A current driver’s license with a picture; or
(C) Any other official identification document issued by a government
agency.
(6) The issuing jurisdiction and the effective dates of any license or
permit held by the applicant relating to a sexually oriented business,
and whether any such license or permit has been denied, revoked, or
suspended, and if so, the reason or reasons therefor;
(7) If the application is for a sexually oriented business, the name and address of the statutory agent or other agent authorized to receive service of process for the business. The licensee shall supplement any information provided pursuant to subsections
(1) through
(7) in writing by certified mail, return receipt requested, to the enforcement officer within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete.
(8) The application for a sexually oriented business license shall be
accompanied by a sketch or diagram showing the configuration of the
business’s premises, including a statement of total floor space
occupied by the business. The sketch or diagram need not be professionally
prepared, but shall 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.
(9) If the person who wishes to operate a sexually oriented business
is an individual, he or she shall sign the application for a license
as an applicant. If the person that wishes to operate a sexually oriented
business is other than an individual (such as a corporation), each
officer, director, general partner, or other person who will participate
directly in decisions relating to the management of the business shall
sign the application for a license as an applicant. Each applicant
must be qualified under this section, and each applicant shall be
considered a licensee if a license is granted.
(10) The information provided by an applicant in connection with the application
for a license under this article shall be maintained by the enforcement
officer on a confidential basis, and may be disclosed only to other
governmental agencies in connection with a law enforcement or public
safety function; or as may be required by law or court order.
(Ordinance 100601-1 adopted 6/1/10)
Upon the filing of a completed application for a sexually oriented
business license or a sexually oriented business employee license,
the enforcement officer shall issue a temporary license to the applicant,
which shall expire upon the enforcement officer’s final decision
to deny or grant the license. Within thirty (30) days after the receipt
of a completed application, the enforcement officer shall either issue
a license, or issue a written notice of intent to deny a license,
to the applicant. The enforcement officer shall approve the issuance
of a license unless one or more of the following is found to be true:
(1) An
applicant is less than eighteen (18) years of age,
(2) An
applicant is delinquent in the payment to the city of taxes, fees,
fines or penalties assessed against or imposed upon the applicant
in relation to a sexually oriented business.
(3) An applicant has failed to provide information as required by section
8.02.031 for issuance of a license.
(4) An
applicant or applicant’s spouse has been convicted of a specified
criminal activity. For purposes of this subsection, convicted:
(A) Means a conviction or a guilty plea; and
(B) Includes a conviction of any business entity for which the applicant
had, at the time of the offense leading to the conviction of a specified
criminal activity, a management responsibility or controlling interest.
(C) The license application fee required by this article has not been
paid.
(D) An applicant has falsely answered a question or request for information
on the application form.
(E) The proposed sexually oriented business is located in an area in violation of division 3 of this article and/or the physical layout of the premises does not comply with the requirements of sections
8.02.076 and
8.02.077 of this article.
(F) The applicant has not demonstrated that the owner of the sexually
oriented business owns or holds a lease for the property or the applicable
portion thereof upon which the sexually oriented business will be
situated or has a legally enforceable right to acquire the same.
(G) An applicant who has been convicted or whose spouse has been convicted of an offense listed in section
8.02.002 “specified criminal activity” may qualify for a sexually oriented business license only when the time period required by section
8.02.002 “specified criminal activity” has elapsed.
(H) The license, if granted, shall state on its face the name of the
person or persons to whom it is granted, the number of the license
issued to that applicant, the application date, and, if the license
is for a sexually oriented business, the address of the sexually oriented
business. A sexually oriented business employee license shall contain
a photograph of the licensee. The sexually oriented business license
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. A sexually oriented business employee shall keep their license
on his or her person or on the premises where the licensee is then
working or performing, and shall produce such license for inspection
upon request by a law enforcement officer or other authorized city
official.
(Ordinance 100601-1 adopted 6/1/10)
(a) For
the purposes of ensuring compliance with this article, an applicant,
operator, or licensee shall permit law enforcement officers and any
other federal, state, county, or city agency in the performance of
any function connected with the enforcement of this article, normally
and regularly conducted by such agencies, to inspect for compliance,
at any time the business is occupied or open for business, those portions
of the premises of a sexually oriented business which patrons or consumers
are permitted to occupy.
(b) The
provisions of this section do not apply to areas of an adult motel
which are currently being rented by a customer for use as a permanent
or temporary habitation.
(c) A
person who operates a sexually oriented business or their agent or
employee commits an offense if he operates the establishment without
maintaining on the premises a current list of all employees employed
by the business, along with each employee’s complete and updated
application. A valid driver’s license, state identification
card, or passport, all with a photo, shall be required for all employees.
(d) A
person who operates a sexually oriented business or their agent or
employee commits an offense if he refuses to permit lawful inspection
of the premises and records required to be maintained on the premises
by the enforcement officer at any time it is occupied or open for
business.
(Ordinance 100601-1 adopted 6/1/10)
(a) Each license shall expire one (1) year from the date of issuance and may be renewed only by applying as provided by section
8.02.031. An application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than (30) days before the expiration date, the expiration of the license will not be affected.
(b) A
license may be renewed by the submission to the enforcement officer
of an application on the form provided by such official and the payment
of a nonrefundable renewal processing fee.
(c) When
the city denies the renewal of a license, the applicant shall not
be issued a license for one (1) year from the date of denial. If,
subsequent to the denial, the city finds that the basis for denial
of the renewal license has been corrected or abated, the applicant
shall be granted a license.
(Ordinance 100601-1 adopted 6/1/10)
The enforcement officer shall issue a written intent to suspend
a license for a period not to exceed thirty (30) days if they determine
that a licensee or an employee of a licensee has:
(1) Violated
or is not in compliance with any section of this article; or
(2) Refused
to allow an inspection of the sexually oriented business premises
as authorized by this article;
(3) Engaged
in public intoxication while on duty at the sexually oriented business
premises;
(4) Knowingly
permitted gambling by any person on the sexually oriented business
premises;
(Ordinance 100601-1 adopted 6/1/10)
(a) The enforcement officer shall issue a written statement of intent to revoke a sexually oriented business license if a cause of suspension in section
8.02.036 occurs and the license has been suspended within the preceding twelve (12) months.
(b) The
enforcement officer shall issue a written statement of intent to revoke
a sexually oriented business license if the officer determines that:
(1) A licensee gave false or misleading information in the material submitted
during the application process;
(2) A licensee has knowingly allowed the possession, use or sale of controlled
substances on the premises;
(3) A licensee has knowingly allowed prostitution on the premises;
(4) A licensee has knowingly operated the sexually oriented business
during a period of time when the licensee’s license was suspended;
(5) A licensee has knowingly allowed any act of sexual intercourse, sodomy,
oral copulation, masturbation or other sex act to occur in or on the
premises. This subsection does not apply to an adult motel, unless
the licensee knowingly allowed sexual activities to occur either:
(6) A licensee has been convicted of an offense listed in section
8.02.002 “specified criminal activity” for which the time period required has not elapsed;
(7) A licensee is delinquent in the payment of hotel occupancy taxes,
ad valorem taxes, or sales taxes related to the sexually oriented
business.
(c) When, after the notice and hearing procedure described in section
8.02.038, the enforcement officer revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a sexually oriented business license for one (1) year from the date revocation becomes effective, provided that, if the conditions of subsection
(b) above, are met, a provisional license will be granted pursuant to that section. If, subsequent to revocation, the enforcement officer finds that the basis for the revocation found in subsections
(b)(1) and
(b)(4) of this section has been corrected or abated, the applicant shall be granted a license.
(Ordinance 100601-1 adopted 6/1/10)
(a) If
the enforcement officer determines that facts exist for denial, suspension,
or revocation of a license under this article, the enforcement officer
shall notify the applicant or licensee (respondent) in writing of
the intent to deny, suspend, or revoke the license, including the
grounds therefor, by personal delivery, or by certified mail. The
notification shall be directed to the most current business address
on file with the enforcement officer. Within five (5) working days
of receipt of such notice, the respondent may provide the enforcement
officer, in writing, a response that shall include a statement of
reasons why the license or permit should not be denied, suspended,
or revoked. Within three (3) working days of the receipt of respondent’s
written response, the enforcement officer shall notify respondent
in writing of the hearing date on respondents denial, suspension,
or revocation proceeding.
(b) Within
ten (10) working days of the receipt of respondent’s written
response, the city manager or their designee shall conduct a hearing
at which the respondent shall have the opportunity to be represented
by counsel and present evidence and witnesses on his or her behalf.
If a response is not received by the enforcement officer in the time
stated or, if after the hearing, the city manager or their designee
finds that grounds as specified in this article exist for denial,
suspension, or revocation, then such denial, suspension, or revocation
shall become final five (5) days after the enforcement officer sends,
by certified mail, written notice that the license has been denied,
suspended, or revoked. Such notice shall include a statement advising
the applicant or licensee of the right to appeal such decision to
a court of competent jurisdiction.
(c) If
the city manger or their designee finds that no grounds exist for
denial, suspension, or revocation of a license, then within five (5)
days after the hearing, they shall withdraw the intent to deny, suspend,
or revoke the license, and shall so notify the respondent in writing
by certified mail of such action and shall contemporaneously issue
the license.
(d) When
a decision to deny, suspend, or revoke a license becomes final, the
applicant or licensee (aggrieved party) whose application for a license
has been denied, or whose license has been suspended or revoked shall
have the right to appeal such action to a court of competent jurisdiction.
Upon the filing of any such court action to appeal, challenge, restrain,
or otherwise enjoin the city’s enforcement of the denial, suspension
or revocation, the city shall immediately issue the aggrieved party
a provisional license. The provisional license shall allow the aggrieved
party to continue operation of the sexually oriented business or to
continue employment as a sexually oriented business employee, as the
case may be, and will expire upon the court’s entry of a judgment
on the aggrieved party’s action to appeal, challenge, restrain,
or otherwise enjoin the city’s enforcement.
(Ordinance 100601-1 adopted 6/1/10)
A licensee shall not transfer his or her 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
(Ordinance 100601-1 adopted 6/1/10)
All applications for a license under this article shall be accompanied
by a non-refundable application fee of four hundred dollars ($400.00)
for a sexually oriented business license and one hundred dollars ($100.00)
for a sexually oriented business employee license. An application
shall not be considered filed until the fee has been paid and all
information required by the application form has been submitted. The
renewal fee for a sexually oriented business license shall be a non-refundable
payment of two hundred dollars ($200.00) and the renewal fee for a
sexually oriented business employee license shall be a non-refundable
payment of fifty dollars ($50.00).
(Ordinance 100601-1 adopted 6/1/10)