[HISTORY: Adopted by the City Council of the City of Marion
as Ch. 127 of the 2000 Code. Amendments noted where applicable.]
[Amended 3-23-2023 by Ord. No. 23-02]
It is the purpose of this chapter to regulate sexually oriented
businesses and related activities to promote the health, safety, morals,
and general welfare of the residents of the City, and to establish
reasonable and uniform regulations to prevent the deleterious location
and concentration of sexually oriented businesses within the City.
The provisions of this chapter have neither the purpose nor effect
of imposing a limitation or restriction on the content of any communicative
materials, including sexually oriented materials. Similarly, it is
not the intent or effect of this chapter to restrict or deny access
by adults to sexually oriented materials protected by the First Amendment,
or to deny access by the distributors and exhibitors of sexually oriented
entertainment to their intended market. Neither is it the intent nor
effect of this chapter to condone or legitimize the distribution of
obscene materials.
The following terms are defined for use in this chapter:
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still or motion picture machines, projectors,
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of specified sexual activities or specified anatomical
areas.
A commercial establishment that, as one of its principal business
purposes, offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion picture, video cassettes or video reproductions, slides,
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices, or paraphernalia that are designed for
use in connection with specified sexual activities.
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as an adult bookstore or adult video
store. Such other business purposes will not serve to exempt such
commercial establishments from being categorized as an adult bookstore
or adult video store so long as one of its principal business purposes
is the offering for sale or rental for consideration the specified
materials which depict or describe specified sexual activities or
specified anatomical areas. A principal business purpose need not
be a primary use of an establishment, so long as it is a significant
use based upon the visible inventory or commercial activity of the
establishment.
A commercial establishment that regularly features:
Persons who appear in a state of seminudity; or
Live performances that are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, video cassettes, slides, or other photographic
reproductions that are characterized by the depiction or description
of specified sexual activities or specified anatomical areas; or
Persons who engage in lewd, lascivious or erotic dancing or
performances that are intended for the sexual interests or titillation
of an audience or customers.
A hotel, motel or similar commercial establishment that:
Offers accommodation to the public for any form of consideration
and provides patrons with closed-circuit television transmissions,
films, motion pictures, video cassettes, slides, or other photographic
reproductions that are characterized by the depiction or description
of specified sexual activities or specified anatomical areas and has
a sign visible from the public right-of-way that advertises the availability
of these adult types of photographic reproductions; or
Offers a sleeping room for rent for a period of time that is
less than 24 hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 24 hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides, or similar photographic
reproductions are regularly shown that are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
A theater, concert hall, auditorium, or similar commercial
establishment that regularly features persons who appear in a state
of nudity or live performances that are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
The Police Chief and such employees of the Police Department
as the Police Chief may designate to perform the duties of the Director
under this chapter.
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
Includes any of the following:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
The additions of any sexually oriented business to any other
existing sexually oriented business; or
The relocation of any sexually oriented business.
A facility licensed by the state, whether situated within
the City or not, that provides care, training, education, custody,
treatment or supervision for more than 12 children under 14 years
of age, where such children are not related by blood, marriage or
adoption to the owner or operator of the facility, of less than 24
hours a day, regardless of whether or not the facility is operated
for a profit or charges for the services it offers.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculpted, photographed or similarly depicted
by other persons who pay money or any form of consideration.
The appearance of a human bare buttock, anus, male genitals,
female genitals, or female breast without a fully opaque, complete
covering of the breast below a point immediately above the top of
the areola, or human male genitals in a discernibly turgid state,
even if completely and opaquely covered.
A person in whose name a permit to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a permit.
A state of dress in which clothing covers no more than the
human bare buttock, anus, male genitals, female genitals, or female
breast without a fully opaque, complete covering of the breast below
a point immediately above the top of the areola, or human male genitals
in a discernibly turgid state, even if completely and opaquely covered.
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
Includes any of the following:
The increase in floor areas occupied by the business by more
than 25% from the original premises.
Includes any of the following:
The sale, lease or sublease of the business;
The transfer of securities that form a controlling interest
in the business, whether by sale, exchange or similar means; or
The establishment of a trust, gift or other similar legal device
that transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
A.
[1]The following standards of conduct must be adhered to by
entertainers and employees of any sexually oriented business while
on the premises:
(1)
No employee or entertainer
shall be unclothed or in such less than opaque and complete attire,
costume or clothing so as to expose to view any specified anatomical
area, except when such entertainer or employee is separated from any
and all customers by a window or other partition which is maintained
free of holes or other structural openings which would permit physical
contact between such entertainer and employee and any customer within
the viewing area and customers are not permitted within four feet
of the window or other partition. However, a single opening in such
window or partition, allowing for payment for entertainment, by a
customer to the entertainer, shall be permitted and at this point
customers are permitted within two feet of the window or other partition
to allow customers to reach the opening.
(3)
No employee or entertainer who is either not separated from any and all customers as provided in Subsection A of this section, or in an area of the premises not open to customers shall be unclothed or in less than opaque and complete attire, costume or clothing as described in Subsection A of this section.
(4)
No employee or entertainer
shall knowingly touch any specified anatomical area of another person,
or knowingly permit another person to touch any specified anatomical
area of such employee or entertainer; or no employee or entertainer
shall knowingly fondle or caress any specified anatomical area of
another person, whether such area is clothed, unclothed, covered or
exposed, or knowingly permit another person to fondle or caress any
specified anatomical area of such employee or entertainer, whether
such area is clothed, unclothed, covered or exposed.
(5)
No entertainer shall be visible
from any public place during the hours of their employment, or apparent
hours of their employment, while such entertainer is unclothed or
in such attire, costume or clothing to expose to view any specified
anatomical area or while performing any entertainment, either while
clothed or unclothed.
[Amended 8-17-2023 by Ord. No. 23-21]
(6)
No entertainer shall solicit,
demand or receive any payment or gratuity from any customer for any
act prohibited by this chapter.
[1]
Editor's Note: Original § 127.03, Subsection 1,
of the 2000 Code, classifying sexually oriented businesses, which
preceded this subsection, was repealed 3-23-2023 by Ord. No. 23-02.
B.
At any sexually oriented business,
the following are required:
(1)
A sign, on which upper-case
letters are at least two inches high and lower-case letters are at
least one inch high, shall be conspicuously displayed in the common
area at the principal entrance and shall read as follows:
|
THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED BY THE
CITY OF MARION, IOWA.
ENTERTAINERS ARE:
| |
|
1.
|
Not permitted to engage in any type of sexual conduct
on the premises or in prostitution;
|
|
2.
|
Not permitted to be unclothed or in such less than opaque
and complete attire, costume or clothing so as to expose to view any
portion of the breasts below the top of the areola, or any portion
of the pubic region, buttocks and/or genitals, except when separated
from customers by the window or partition between the entertainer
and customers;
|
|
3.
|
Not permitted to receive any payment or gratuity from
any customer, except through an opening in the window or partition
separating such entertainer from a customer.
|
(2)
Neither entertainment nor
any photograph, drawing, sketch or other pictorial or graphic representation
thereof displaying any specified anatomical area shall be visible
from a public place.
(3)
The premises shall be equipped
with overhead lighting of sufficient intensity to illuminate every
place to which customers are permitted access at an illumination of
not less than one footcandle as measured at the floor level, and such
illumination must be maintained at all times that any customer is
present in or on the premises.
A.
It is unlawful for a person to
operate a sexually oriented business without a valid permit issued
by the Director.
B.
An application for a permit must
be made on a form provided by the City. The application must be accompanied
by a sketch or a 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.
C.
The applicant must be qualified
according to the provisions of this chapter and the premises must
be inspected and found to be in compliance with the law by the Health
Department, Fire Department, Building Official and Zoning Official.
D.
If a person who wishes to operate
a sexually oriented business is an individual, they must sign the
application for a permit as applicant. If a person who wishes to operate
a sexually oriented business is other than an individual, each individual
who has a 10% or greater interest in the business must sign the application
for a permit as applicant. If a corporation is listed as owner of
a sexually oriented business or as the entity that wishes to operate
such a business, each individual having a 10% or greater interest
in the corporation must sign the application for a permit as applicant.
[Amended 8-17-2023 by Ord. No. 23-21]
E.
The fact that a person possesses
other types of state or City permits and/or licenses does not exempt
said person from the requirement of obtaining a sexually oriented
business permit.
F.
Applications for a permit, whether
original or renewal, must be made to the Director by the intended
operator of the enterprise. Applications must be submitted by hand
delivery to the office of the Director during regular working hours.
Application forms shall be supplied by the Director. The intended
operator shall be required to give the following information on the
application form:
(1)
The name, street address (and
mailing address if different) and Iowa driver's license number of
the intended operator;
(2)
The name and street address
(and mailing address if different) of the owner;
(3)
The name under which the establishment
is to be operated and a general description of the services to be
provided;
(4)
The telephone number of the
establishment;
(5)
The address and legal description
of the tract of land on which the establishment is to be located;
(6)
If the establishment is in
operation, the date on which the owner acquiring the establishment
began operations as a sexually oriented business at the location for
which the permit is sought; and
(7)
If the establishment is not
in operation, the expected startup date (which shall be expressed
in number of days from the date of issuance of the permit). If the
expected start-up date is to be more than 10 days following the date
of issuance of the permit, then a detailed explanation of the construction,
repair or remodeling work or other cause of the expected delay and
a statement of the owner's time schedule and plan for accomplishing
the same.
(8)
Statement that the applicant
has not been convicted of a felony or released from confinement for
conviction of a felony, whichever event is later, within five years
immediately preceding the application, or has not been convicted of
a misdemeanor or released from confinement for conviction of a misdemeanor,
whichever event is later, within two years immediately preceding the
application, where such felony or misdemeanor involved sexual offenses,
prostitution, sexual abuse of a child or pornography and related offenses,
as defined in the Code of Iowa, federal law, or the statutes of any
other state, or controlled substance or illegal drugs or narcotics
offenses, as defined in the Code of Iowa, federal law or the statutes
of any other state, or has not been convicted of a municipal ordinance
violation or released from confinement for conviction of a municipal
ordinance violation, whichever event is later, within two years immediately
preceding the application, where such municipal ordinance violation
involved indecent exposure, prostitution or the possession or sale
of controlled substances or illegal drugs or narcotics.
G.
The application shall be accompanied
by the following:
(1)
Payment of the application
fee in full.
(2)
If the establishment is an
Iowa corporation, a certified copy of the articles of incorporation,
together with all amendments thereto.
(3)
If the establishment is a
foreign corporation, a certified copy of the certificate of authority
to transact business in the state, together with all amendments thereto.
(4)
If the establishment is a
partnership formed under the laws of the state, a certified copy of
the certificate of partnership, together with all amendments thereto.
(5)
If the establishment is a
foreign partnership, a certified copy of the certificate of partnership
and the qualification documents, together with all amendments thereto.
(6)
Proof of the current fee ownership
of the tract of land on which the establishment is to be situated
in the form of a copy of the recorded deed.
(7)
If the persons identified as the fee owners of the tract of land in § 263-4G(6) are not also the owners of the establishment, then the lease, purchase contract, purchase option contract, lease option contract or other document evidencing the legally enforceable right of the owners or proposed owners of the establishment to have or obtain the use and possession of the tract or portion thereof that is to be used for the establishment for the purpose of the operation of the establishment.
I.
A separate application and permit
shall be required for each sexually oriented business.
[Ord. No. 02-05]
A.
The Director shall approve the
issuance of a permit to an applicant within 30 days after receipt
of an application unless the Director finds one or more of the following
to be true:
(1)
An applicant is under 18 years
of age.
(2)
An applicant or an applicant's
spouse is overdue in the payment to the City of taxes, fines or penalties
assessed against said applicant or spouse or imposed in relation to
a sexually oriented business.
(3)
An applicant has failed to
provide information reasonably necessary for issuance of the permit
or has falsely answered a question or request for information on the
application form.
(4)
An applicant is residing with
a person who has been denied a permit by the City to operate a sexually
oriented business within the preceding 12 months, or residing with
a person whose permit to operate a sexually oriented business has
been revoked within the preceding 12 months.
(5)
The premises to be used for
the sexually oriented business has not been approved by the Health
Department, Fire Department, Building Official and Zoning Official
as being in compliance with applicable laws and ordinances.
(6)
The permit fee required by
this chapter has not been paid.
(7)
An application of the proposed
establishment is in violation of or is not in compliance with any
of the provisions of this chapter.
B.
The permit, if granted, shall
state on its face the name of the person to whom it is granted, the
expiration date and the address of the sexually oriented business.
The permit shall be posted in a conspicuous place at or near the entrance
to the sexually oriented business that it may be easily read at any
time.
C.
The Health Department, Fire Department,
Building Official and Zoning Official shall complete their certification
that the premises is in compliance or not in compliance within 20
days of receipt of the application by the Director. The certification
shall be promptly presented to the Director.
D.
In the event that the Director
determines that an applicant is not eligible for a permit, the applicant
shall be given notice in writing of the reasons for the denial within
45 days after the receipt of the application by the Director, provided
that the applicant may request, in writing, that such period be extended
for an additional period of not more than 10 days at any time before
the notice is issued in order to make modifications necessary to comply
with this chapter.
E.
An applicant may appeal the decision
of the Director regarding a denial to the Council by filing a written
notice of appeal with the Clerk within 15 days after the applicant
is given notice of the Director's decision. The notice of appeal shall
be accompanied by a memorandum or other writing setting out fully
the grounds for such appeal and all arguments in support thereof.
The Director may submit a memorandum in response to the memorandum
filed by the applicant on appeal to the Council. After reviewing such
memoranda, as well as the Director's written decision, if any, and
exhibits submitted to the Director, the Council shall vote either
to uphold or overrule the Director's decision. Such vote shall be
taken within 21 calendar days after the date on which the Clerk receives
the notice of appeal. However, all parties shall be required to comply
with the Director's decision during the pendency of the appeal.
F.
The Chief of Police shall conduct
a background investigation of all applicants including a check of
the applicant's background by the Iowa Division of Criminal Investigation.
[Amended 3-23-2023 by Ord. No. 23-02]
[Amended 3-23-2023 by Ord. No. 23-02]
The annual fee for a sexually oriented business permit shall
be as set by resolution of the City Council. This fee is to be used
to pay for the cost of the administration and enforcement of this
chapter.
An applicant or permittee shall permit representatives of the
Police Department or other City or state department or agencies to
inspect the premises of a sexually oriented business for the purpose
of insuring compliance with the law, at any time it is occupied or
open for business.
A.
Each permit shall expire one year
after the date of issuance and may be renewed only by making application
as provided herein. Application for renewal should be made at least
30 days before the expiration date, and when made less than 30 days
before the expiration date, the expiration of the permit will not
be affected.
B.
When the Director denies renewal
of a permit, the applicant shall not be issued a permit for one year
from the date of denial. If, subsequent to the denial, the Director
finds that the basis for denial of the renewal permit has been corrected
or abated, the applicant may be granted a permit if at least 90 days
has elapsed since the date the denial became final.
The Director shall suspend a permit for a period not to exceed
30 days if it is determined that the permittee or an employee of a
permittee has:
A.
Violated or is not in compliance
with any section of this chapter;
B.
Become impaired or intoxicated
through the use of alcoholic beverages or controlled substances while
on the sexually oriented business premises;
C.
Refused to allow an inspection
of the sexually oriented business premises as authorized by this chapter;
D.
Knowingly permitted illegal gambling
by any person on the sexually oriented business premises.
A.
The Director shall revoke a permit if a cause of suspension in § 263-9 occurs and the permit has been suspended within the preceding 12 months.
B.
The Director shall also revoke
a permit if it is determined that:
(1)
A permittee gave false or
misleading information in the material submitted during the application
process.
(2)
A permittee or an employee
has knowingly allowed possession, use or sale of controlled substances
on the premises.
(3)
A permittee or an employee
has knowingly allowed prostitution on the premises.
(4)
A permittee or an employee
knowingly operated the sexually oriented business during a period
of time when the permittee's permit was suspended.
(5)
A permittee or an employee
has knowingly allowed any act of sexual intercourse, sodomy, oral
copulation, masturbation or other sexual conduct to occur in or on
the premises.
(6)
A permittee is delinquent
in the payment to the City or state for any taxes or fees past due.
(7)
The owner or operator of
the establishment knowingly allowed a person under 18 years of age
to enter an establishment.
(8)
There was a change of owner
or operator in which the new owner or operator did not apply for and
receive a permit as the permittee under this chapter.
[Amended 3-23-2023 by Ord. No. 23-02]
C.
When the Director revokes a permit,
the revocation shall continue for one year, and the permittee shall
not be issued a sexually oriented business permit for one year from
the date revocation became effective. If, subsequent to revocation,
the Director finds that the basis for the revocation has been corrected
or abated, the applicant may be granted a permit if at least 90 days
has elapsed since the date the revocation became effective.
A permittee shall not transfer the permit to another, nor shall
a permittee operate a sexually oriented business under the authority
of a permit at any place other than the address designated in the
application.
[Amended 3-23-2023 by Ord. No. 23-02; 1-18-2024 by Ord. No. 24-01]
[Amended 3-23-2023 by Ord. No. 23-02]
A sexually oriented business lawfully operating as a conforming
use is not rendered a nonconforming use by the location, subsequent
to the grant or renewal of the sexually oriented business permit,
of a church, synagogue or regular place of religious worship, public
or private elementary school or secondary school, licensed day-care
center, public park, or residential district within 1,000 feet of
the sexually oriented business. This provision applies only to the
renewal of a valid permit and does not apply when an application for
a permit is submitted after a permit has expired or has been revoked.
A.
Evidence that a sleeping room
in a hotel, motel or a similar commercial establishment has been rented
and vacated two or more times in a period of time that is less than
10 hours creates a rebuttable presumption that the establishment is
an adult motel as that term is defined in this chapter.
B.
It is unlawful if a person, as
the person in control of a sleeping room in a hotel, motel or similar
commercial establishment that does not have a sexually oriented business
permit, rents or subrents a sleeping room to a person and, within
10 hours from the time the room is rented, rents or subrents the same
sleeping room again.
A person who operates or causes to be operated a sexually oriented
business, other than an adult motel, which exhibits on the premises
in a viewing room of less than 150 square feet of floor space, a film,
video cassette, or other video reproduction that depicts specified
sexual activities or specified anatomical areas shall comply with
the following requirements:
A.
Upon application for a sexually
oriented permit, the application shall be accompanied by a diagram
of the premises showing a plan thereof specifying the location of
one or more manager's stations and the location of all overhead lighting
fixtures and designating any portion of the premises in which patrons
will not be permitted. A manager's station may not exceed 32 square
feet of floor area. The diagram shall also designate the place at
which the permit will be conspicuously posted, if granted. A professionally
prepared diagram in the nature of an engineer's or architect's blueprint
shall not be required; however, each diagram should be oriented to
the north or to some designated street or object and should be drawn
to a designated scale or with marked dimensions sufficient to show
the various internal dimensions of all areas of the interior of the
premises to an accuracy of plus or minus six inches. The Director
may waive the foregoing diagram for renewal applications if the applicant
adopts a diagram that was previously submitted and certifies that
the configuration of the premises has not been altered since it was
prepared.
B.
The application shall be sworn
to be true and correct by the applicant.
C.
No alteration in the configuration
or location of a manager's station may be made without the prior approval
of the Director.
D.
It is the duty of the owners
and operator of the premises to ensure that at least one employee
is on duty and situated in each manager's station at all times that
any patron is present inside the premises.
E.
The interior of the premises
shall be configured in such a manner that there is an unobstructed
view from a manager's station of every area of the premises to which
any patron is permitted access for any purpose excluding restrooms.
Restrooms may not contain video reproduction equipment. If the premises
has two or more manager's stations designated, then the interior of
the premises shall be configured in such a manner that there is an
unobstructed view of each area of the premises to which any patron
is permitted access for any purpose from at least one of the manager's
stations. The view required in this subsection must be by direct line
of sight from the manager's station.
F.
It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in § 263-15E remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted in the application filed pursuant to § 263-15A.
G.
No viewing room may be occupied
by more than one person at any time.
H.
The premises shall be equipped
with overhead lighting fixtures of sufficient intensity to illuminate
every place to which patrons are permitted access to an illumination
of not less than one footcandle as measured at the floor level.
I.
It shall be the duty of the owners
and operator, and it shall also be the duty of any agents and employees
present in the premises, to ensure that the illumination described
above is maintained at all times that any patron is present in the
premises.
A.
It is unlawful for an owner or
operator of a sexually oriented business to allow the merchandise
or activities of the establishment to be visible from a point outside
the establishment.
B.
It is unlawful for the owner
or operator of a sexually oriented business to allow the exterior
portion of the sexually oriented business to have flashing lights,
or any words, lettering, photographs, silhouettes, drawings or pictorial
representations of any manner except to the extent permitted by the
provisions of this chapter.
C.
It is unlawful for the owner
or operator of a sexually oriented business to allow exterior portions
of the establishment to be painted any color other than a single achromatic
color.
(1)
This provision shall not
apply to a sexually oriented business if the following conditions
are met:
(a)
The establishment is a part of a commercial multi-unit center; and
(b)
The exterior portions
of each individual unit in the commercial multi-unit center, including
the exterior portions of the business, are painted the same color
as one another or are painted in such a way so as to be a component
of the overall architectural style or pattern of the commercial multi-unit
center.
A.
It is unlawful to allow a person
who is younger than 18 years of age to enter or be on the premises
of a sexually oriented business at any time that the sexually oriented
business is open for business.
B.
It shall be the duty of the operator
of each sexually oriented business to ensure that an attendant is
stationed at each public entrance to the sexually oriented business
at all times during regular business hours. It shall be the duty of
the attendant to prohibit any person under the age of 18 years from
entering the sexually oriented business. It shall be presumed that
an attendant knew a person was under the age of 18 unless such attendant
asked for and was furnished:
It is unlawful for any establishment, regardless of whether
it is a public or private facility, to operate a massage salon, massage
parlor or any similar type of business where any physical contact
with the recipient of such services is provided by a person of the
opposite sex unless licensed by the State of Iowa.
The permittee of a sexually oriented business shall not allow
the possession or consumption on premises by any person of any alcoholic
beverage, wine or beer. No person shall possess or consume any alcoholic
beverage, wine or beer on the premises of any sexually oriented business.
A.
Any notice required or permitted
to be given by the Director or any other City office, division, department
or other agency under this chapter to any applicant, operator or owner
of an establishment may be given either by personal delivery or by
certified United States mail, postage prepaid, return receipt requested,
addressed to the most recent address as specified in the application
for the permit, or transfer application that has been received by
the Director, or any notice of address change that has been received
by the Director. Notices mailed as above shall be deemed given upon
their deposit in the United States mail. In the event that any notice
given by mail is returned by the postal service, the Director shall
cause it to be posted at the principal entrance to the establishment.
B.
Any notice required or permitted
to be given to the Director by any person under this chapter shall
not be deemed given until and unless it is received in the office
of the Director.
C.
It is the duty of each owner
who is designated on the permit application and each operator to furnish
a notice to the Director in writing of any change of residence or
mailing address.
A person who operates or causes to be operated a sexually oriented
business without a valid permit or otherwise violates this chapter
is subject to a suit for injunction as well as prosecution for criminal
violations.
It is a defense to prosecution under this chapter that a person
appearing in a state of nudity did so in a modeling class operated
by:
A.
A proprietary school licensed
by the State of Iowa or a college, junior college or university supported
entirely or partly by taxation; or
B.
A private college or university
that maintains and operates educational programs in which credits
are transferable to a college, junior college or university supported
entirely or partly by taxation.
