(A) 
Business License. It shall be unlawful for any person to operate a sexually oriented business in the city without a valid sexually oriented business license.
(B) 
Employee License. It shall be unlawful for any person to be an employee, as defined in AMC § 5.15.020, of a sexually oriented business in the city without a valid sexually oriented business employee license, except that a person who is a licensee under a valid sexually oriented business license shall not be required to also obtain a sexually oriented business employee license.
(C) 
Application. An applicant for a sexually oriented business license or a sexually oriented business employee license shall file in person at the office of the city Building Commissioner a completed application made on a form provided by the Building Commissioner. A sexually oriented business may designate an individual with an influential interest in the business to file its application for a sexually oriented business license in person on behalf of the business. The application shall be signed as required by subsection (D) of this section and shall be notarized. An application shall be considered complete when it contains, for each person required to sign the application, the information and/or items required in this subsection, accompanied by the appropriate licensing fee:
(1) 
The applicant's full legal name and any other names used by the applicant in the preceding five years.
(2) 
Current business address or another mailing address for the applicant.
(3) 
Written proof of age, in the form of a driver's license, a picture identification document containing the applicant's date of birth issued by a governmental agency, or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency.
(4) 
If the application is for a sexually oriented business license, the business name, location, legal description, mailing address and phone number of the sexually oriented business.
(5) 
If the application is for a sexually oriented business license, the name and business address of the statutory agent or other agent authorized to receive service of process.
(6) 
A statement of whether an applicant has been convicted of or has pled guilty or nolo contendere to a specified criminal activity as defined in AMC § 5.15.020, and if so, each specified criminal activity involved, including the date, place, and jurisdiction of each as well as the dates of conviction and release from confinement, where applicable.
(7) 
A statement of whether any sexually oriented business in which an applicant has had an influential interest, has, in the previous five years (and at a time during which the applicant had the influential interest):
(a) 
Been declared by a court of law to be a nuisance; or
(b) 
Been subject to a court order of closure or padlocking.
(8) 
An application for a sexually oriented business license shall be accompanied by a legal description of the property where the business is located and a sketch or diagram showing the configuration of the premises, including a statement of total floor area occupied by the business and a statement of floor area visible or accessible to patrons for any reason, excluding restrooms. 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 inches. Applicants who are required to comply with the stage, booth, and/or room configuration requirements of this chapter shall submit a diagram indicating that the setup and configuration of the premises meet the requirements of the applicable regulations. The Building Commissioner may waive the requirements of this subsection (C)(8) for a renewal application if the applicant adopts a legal description and a sketch or diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(9) 
The information provided pursuant to subsection (C) of this section shall be supplemented in writing by certified mail, return receipt requested, to the Building Commissioner within 10 working days of a change of circumstances which would render the information originally submitted false or incomplete.
(D) 
Signature. A person who seeks a sexually oriented business employee license under this section shall sign the application for a license. If a person who seeks a sexually oriented business license under this section is an individual, he or she shall sign the application for a license as applicant. If a person who seeks a sexually oriented business license is other than an individual, each person with an influential interest in the sexually oriented business or in a legal entity that controls the sexually oriented business shall sign the application for a license as applicant. Each applicant must be qualified under this chapter and each applicant shall be considered a licensee if a license is granted.
(E) 
The information provided by an applicant in connection with an application for a license under this chapter shall be maintained by the office of the Building Commissioner on a confidential basis, and such information may be disclosed only as may be required, and only to the extent required, by governing law or court order. Any information protected by the right to privacy as recognized by state or federal law shall be redacted prior to such disclosure.
(Ord. 1418-2012; Code 2000 § 112.10)
(A) 
Business License. Upon the filing of a completed application for a sexually oriented business license, the Building Commissioner shall immediately issue a temporary license to the applicant if the completed application is from a preexisting sexually oriented business that is lawfully operating in the city and the completed application, on its face, indicates that the applicant is entitled to an annual sexually oriented business license. The temporary license shall expire upon the final decision of the city to deny or grant an annual license. Within 20 days of the filing of a completed sexually oriented business license application, the Building Commissioner shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The Building Commissioner shall issue a license unless:
(1) 
An applicant is less than 18 years of age.
(2) 
An applicant has failed to provide information required by this chapter for issuance of a license or has falsely answered a question or request for information on the application form.
(3) 
The license application fee required by this chapter has not been paid.
(4) 
The sexually oriented business, as defined in AMC § 5.15.020, is not in compliance with the interior configuration requirements of this chapter or is not in compliance with the location requirements of this chapter.
(5) 
Any sexually oriented business in which an applicant has had an influential interest, has, in the previous five years (and at a time during which the applicant had the influential interest):
(a) 
Been declared by a court of law to be a nuisance; or
(b) 
Been subject to an order of closure or padlocking.
(6) 
An applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in AMC § 5.15.020.
(B) 
Employee License. Upon the filing of a completed application for a sexually oriented business employee license, the Building Commissioner shall immediately issue a temporary license to the applicant if the applicant seeks licensure to work in a licensed sexually oriented business and the completed application, on its face, indicates that the applicant is entitled to an annual sexually oriented business employee license. The temporary license shall expire upon the final decision of the city to deny or grant an annual license. Within 20 days of the filing of a completed sexually oriented business employee license application, the Building Commissioner shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The Building Commissioner shall issue a license unless:
(1) 
The applicant is less than 18 years of age.
(2) 
The applicant has failed to provide information as required by this chapter for issuance of a license or has falsely answered a question or request for information on the application form.
(3) 
The license application fee required by this chapter has not been paid.
(4) 
Any sexually oriented business in which the applicant has had an influential interest, has, in the previous five years (and at a time during which the applicant had the influential interest):
(a) 
Been declared by a court of law to be a nuisance; or
(b) 
Been subject to an order of closure or padlocking.
(5) 
The applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this chapter.
(C) 
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 the licensee(s), the expiration date, and, if the license is for a sexually oriented business, the address of the sexually oriented business. 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 read at any time that the business is occupied by patrons or is open to the public. A sexually oriented business employee shall keep the employee's license on his or her person or on the premises where the licensee is then working or performing.
(Ord. 1418-2012; Code 2000 § 112.11)
The initial license and annual renewal fees for sexually oriented business licenses and sexually oriented business employee licenses shall be as follows: $100.00 for the initial fee for a sexually oriented business license and $50.00 for annual renewal; $50.00 for the initial sexually oriented business employee license and $25.00 for annual renewal.
(Ord. 1418-2012; Code 2000 § 112.12)
Sexually oriented businesses and sexually oriented business employees shall permit the Building Commissioner and his or her agents to inspect, from time to time on an occasional basis, the portions of the sexually oriented business premises where patrons are permitted, for the purpose of ensuring compliance with the specific regulations of this chapter, during those times when the sexually oriented business is occupied by patrons or is open to the public. This section shall be narrowly construed by the city to authorize reasonable inspections of the licensed premises pursuant to this chapter, but not to authorize a harassing or excessive pattern of inspections.
(Ord. 1418-2012; Code 2000 § 112.13)
(A) 
Each license shall remain valid for a period of one calendar year from the date of issuance unless otherwise suspended or revoked. The license may be renewed only by making application and payment of a fee as provided in this chapter.
(B) 
Application for renewal of an annual license should be made at least 90 days before the expiration date of the current annual license, and when made less than 90 days before the expiration date, the expiration of the current license will not be affected.
(Ord. 1418-2012; Code 2000 § 112.14)
(A) 
The Building Commissioner shall issue a written notice of intent to suspend a sexually oriented business license for a period not to exceed 30 days if the sexually oriented business licensee has knowingly or recklessly violated this chapter or has knowingly or recklessly allowed an employee or any other person to violate this chapter.
(B) 
The Building Commissioner shall issue a written notice of intent to suspend a sexually oriented business employee license for a period not to exceed 30 days if the employee licensee has knowingly or recklessly violated this chapter.
(Ord. 1418-2012; Code 2000 § 112.15)
(A) 
The Building Commissioner shall issue a written notice of intent to revoke a sexually oriented business license or a sexually oriented business employee license, as applicable, if the licensee knowingly or recklessly violates this chapter or has knowingly or recklessly allowed an employee or any other person to violate this chapter and a suspension of the licensee's license has become effective within the previous 12-month period.
(B) 
The Building Commissioner shall issue a written notice of intent to revoke a sexually oriented business license or a sexually oriented business employee license, as applicable, if:
(1) 
The licensee has knowingly given false information in the application for the sexually oriented business license or the sexually oriented business employee license;
(2) 
The licensee has knowingly or recklessly engaged in or allowed possession, use, or sale of controlled substances on the premises of the sexually oriented business;
(3) 
The licensee has knowingly or recklessly engaged in or allowed prostitution on the premises of the sexually oriented business;
(4) 
The licensee knowingly or recklessly operated the sexually oriented business during a period of time when the license was finally suspended or revoked;
(5) 
The licensee has knowingly or recklessly engaged in or allowed any specified sexual activity or specified criminal activity to occur in or on the premises of the sexually oriented business;
(6) 
The licensee has knowingly or recklessly allowed a person under the age of 18 years to appear in a semi-nude condition or in a state of nudity on the premises of the sexually oriented business.
(C) 
The fact that any relevant conviction is being appealed shall have no effect on the revocation of the license; provided, that if any conviction which serves as a basis of a license revocation is overturned or reversed on appeal, that conviction shall be treated as null and of no effect for revocation purposes.
(D) 
When, after the notice and hearing procedure described in this chapter, the city revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license or sexually oriented business employee license for one year from the date revocation becomes effective.
(Ord. 1418-2012; Code 2000 § 112.16)
(A) 
When the Building Commissioner issues a written notice of intent to deny, suspend, or revoke a license, the Building Commissioner shall immediately send the notice, which shall include the specific grounds under this chapter for such action, to the applicant or licensee (respondent) by personal delivery or certified mail. The notice shall be directed to the most current business address or other mailing address on file with the Building Commissioner for the respondent. The notice shall also set forth the following: the respondent shall have 10 days after the delivery of the written notice to submit, at the office of the Building Commissioner, a written request for a hearing. If the respondent does not request a hearing within 10 days, the Building Commissioner's written notice shall become a final denial, suspension, or revocation, as the case may be, on the thirtieth day after it is issued, and shall be subject to the provisions of subsection (B) of this section.
(1) 
If the respondent does make a written request for a hearing within 10 days, then the Building Commissioner shall, within 10 days after the submission of the request, send a notice to the respondent indicating the date, time, and place of the hearing. The hearing shall be conducted not less than 10 days nor more than 20 days after the date that the hearing notice is issued. The city shall provide for the hearing to be transcribed.
(2) 
At the hearing, the respondent shall have the opportunity to present all of respondent's arguments and to be represented by counsel, present evidence and witnesses on his or her behalf, and cross-examine any of the Building Commissioner's witnesses. The Building Commissioner shall also be represented by counsel, and shall bear the burden of proving the grounds for denying, suspending, or revoking the license. The hearing shall take no longer than two days, unless extended at the request of the respondent to meet the requirements of due process and proper administration of justice. The Hearing Officer shall issue a final written decision, including specific reasons for the decision pursuant to this chapter, to the respondent within five days after the hearing.
(3) 
If the decision is to deny, suspend, or revoke the license, the decision shall advise the respondent of the right to appeal the decision to a court of competent jurisdiction, and the decision shall not become effective until the thirtieth day after it is rendered. If the Hearing Officer's decision finds that no grounds exist for denial, suspension, or revocation of the license, the Hearing Officer shall, contemporaneously with the issuance of the decision, order the Building Commissioner to immediately withdraw the intent to deny, suspend, or revoke the license and to notify the respondent in writing by certified mail of such action. If the respondent is not yet licensed, the Building Commissioner shall contemporaneously therewith issue the license to the applicant.
(B) 
If any court action challenging a licensing decision is initiated, the city shall prepare and transmit to the court a transcript of the hearing within 30 days after receiving written notice of the filing of the court action. The city shall consent to expedited briefing and/or disposition of the action, shall comply with any expedited schedule set by the court, and shall facilitate prompt judicial review of the proceedings. The following shall apply to any sexually oriented business that is lawfully operating as a sexually oriented business, or any sexually oriented business employee that is lawfully employed as a sexually oriented business employee, on the date on which the completed business or employee application, as applicable, is filed with the Building Commissioner: Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the city's enforcement of any denial, suspension, or revocation of a temporary license or annual license, the Building Commissioner shall immediately issue the respondent a provisional license. The provisional license shall allow the respondent to continue operation of the sexually oriented business or to continue employment as a sexually oriented business employee and will expire upon the court's entry of a judgment on the respondent's appeal or other action to restrain or otherwise enjoin the city's enforcement.
(Ord. 1418-2012; Code 2000 § 112.17)
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 sexually oriented business license application.
(Ord. 1418-2012; Code 2000 § 112.18)