Any business activity which offers the opportunity to view
specified sexual activity or view, or touch, for entertainment, specified
anatomical areas. Such definition further includes but is not limited
to an adult arcade, adult bookstore/film store, adult cabaret, adult
lounge, adult motel or hotel, adult retail store, and adult theater.
Adult arcade.
A business which offers its customers in one or more viewing
booths motion or still pictures characterized by exposure of specified
anatomical areas.
Adult bookstore/film store.
A business in which a substantial portion of its stock in
trade consists of books, videos, tapes, cassettes, photographs, slides,
magazines, and other periodicals which are distinguished or characterized
by an emphasis on specific sexual activities or specified anatomical
areas, or both.
Adult cabaret.
A business which offers to customers live performances characterized
by exposure of specified anatomical areas.
Adult lounge.
An adult cabaret which serves alcoholic beverages.
Adult motel or hotel.
A business which offers its customers a sleeping room or
sitting room for a period of time less than ten hours and provides
motion picture or still picture entertainment characterized by exposure
of specified anatomical areas.
Adult retail store.
A business in which a substantial portion of the stock in
trade consists of items or products other than printed matter characterized
by an emphasis on specified sexual activities or specified anatomical
areas, or both.
Adult theater.
A business with a capacity of more than five persons which
offers customers motion or still pictures or live entertainment or
performances characterized by exposure of specified anatomical areas.
Less than completely and opaquely covered human genitalia,
pubic region, buttock, or human genitalia in a discernibly erect state,
even if completely and opaquely covered; or any combination of the
aforementioned.
Depiction of male genitalia in a state of sexual stimulation
or arousal; female genitalia; acts of masturbation, sexual intercourse,
oral copulation, sodomy, or bestiality; touching of human genitalia,
public region, buttock, anus; or any combination of the aforementioned.
An enclosure or partial enclosure which contains any electrical
or mechanical device which displays or projects any film, videotape
or photographic reproduction into the viewing area of motion or still
pictures characterized by exposure of specified anatomical areas,
and which enclosure or partial enclosure is authorized for occupancy
by International Building Code standards by no more than five persons.
(Ordinance 659 adopted 10/7/93; 1999 Code, sec. 111.15; Ordinance adopting 2023 Code)
Any adult business licensed under this article shall be located
as required by section 9.03.141.
(Ordinance 659 adopted 10/7/93; 1999 Code, sec. 111.16)
(a)
It shall be unlawful for any person to conduct, operate, or permit to be operated for his benefit an adult business as defined by section 5.06.001 of the Code of Ordinances of the city without first having obtained a license as required herein, which license shall at all times be displayed in some conspicuous place within the licensed premises.
(Ordinance 659 adopted 10/7/93; 1999 Code, sec. 111.17; Ordinance adopting 2023 Code)
(a)
A
license for an adult business shall be obtained from the chief of
police by completing an application and meeting the requirements of
this article.
(b)
The
application shall be sworn to and acknowledged and shall state:
(1)
The street address of the premises to be licensed.
(2)
The full name, date of birth, driver’s license number and residence
of the applicant.
(3)
If the premises are leased, the names of the lessor and lessee.
(4)
If the application is on behalf of a partnership of an adult business,
the partners’ names, dates of birth, driver’s license
numbers and residence addresses shall be listed.
(5)
If the application is on behalf of a corporate owner of an adult
business, the name of the corporation, the name and address of the
registered agent, and the name and address, date of birth and driver’s
license number of the person who is primarily responsible for the
management of the adult business.
(6)
Whether or not the applicant, any partner who is an owner of an adult
business, or any person who is or will be primarily responsible for
the management of the adult business has ever been convicted of a
crime involving sex.
(c)
Any
misrepresentations of the facts required by the license application
shall be cause for revocation or refusal to issue a license.
(d)
Upon
the filing of an application for an adult business license, the chief
of police shall promptly investigate the premises to determine whether
or not the premises meets the requirements of the Code of Ordinances
of the city concerning construction, plumbing, electricity, fire safety,
sanitation, zoning and the requirements of this article.
(e)
If the chief of police shall determine that the application meets the requirements and that the persons listed in subsection (b)(6) of this section have not been convicted of a crime involving sex, he shall issue a license to the applicant within 11 days of filing the application. Should the chief of police find a deficiency in the application or the premises, he will notify the applicant before the expiration of the 11-day period, who will have five working days to correct the deficiency and request a reinspection. Reinspection will occur within three working days, and upon correction of the noted deficiencies having been found a license will be issued on the following working day. The applicant will be required to pay a fee as set forth in the fee schedule in appendix A of this code, per reinspection, per application.
(f)
An
applicant who is denied a license may appeal the denial to district
court as authorized by law.
(Ordinance 659 adopted 10/7/93; 1999 Code, sec. 111.18; Ordinance adopting 2023 Code)
(a)
A
license issued under this article shall terminate one year from the
date of issuance.
(b)
No
refund of any license fee paid hereunder shall be made.
(c)
A
license issued under this article may not be assigned or transferred
to another location, and shall terminate upon the death or bankruptcy
of the licensee or transfer of ownership of the business.
(Ordinance 659 adopted 10/7/93; 1999 Code, sec. 111.19)
(a)
As
a condition of issuance, the applicant for a license under this article
shall agree to maintain the premises in compliance with the requirements
of the Code of Ordinances of the city and to authorize the agents
and employees of the city to inspect the premises or any portion thereof
at any time during business hours.
(b)
The
person in control of an adult business shall not authorize or allow
any person under the age of 21 years to enter or patronize such adult
business. A single violation of this requirement shall constitute
an offense and cause for revocation of the license for the adult business.
(c)
Should
the chief of police determine that an adult business is not in compliance
with the requirements of the Code of Ordinances of the city, he may
at any time give notice in writing to the licensee, or the person
in control if the licensee cannot be easily located, of the violation
and that the license is in jeopardy of revocation if the violation
is not corrected by the following business day. Should the violation
be not corrected by the following business day, the chief of police
may revoke and cancel the license.
(d)
The
licensee may abate the revocation by filing an appeal with a district
court and obtaining a temporary restraining order.
(e)
Every
day of operation of an adult business after cancellation and revocation
of a license shall constitute a violation punishable by a fine not
to exceed $2,000.00.
(f)
Any
person, corporation or partnership who has had a license revoked for
a violation of the license or zoning requirements regulating adult
businesses shall not be granted a license for a period of ten years
from the date of revocation.
(Ordinance 659 adopted 10/7/93; 1999 Code, sec. 111.20)
