The purpose of this chapter is to regulate cabarets by licensing them for the protection of public peace, health, safety, morals and welfare without unduly interfering with the conduct of legitimate business enterprises. It is further the purpose of this chapter to place responsibility for maintaining order in cabarets upon licensees.
(Ord. 460, 5-9-1994)
For the purpose of this chapter, certain words shall have the meanings specified in this section. Words used in the singular include the plural, and words used in the plural include the singular. Words used in the masculine gender include the feminine, and words used in the feminine gender include the masculine.
CABARET:
That portion of a commercial firm or a private club that is licensed to sell alcoholic beverages for consumption on the premises at which live entertainment or dancing is provided or allowed.
LICENSEE:
The holder of any license issued in accordance with the provisions of this chapter.
PERSON:
Any individual, partnership, company, society, association or other group or organization, whether acting by themselves or through a servant, agent or employee.
(Ord. 460, 5-9-1994)
A. 
Clerk-Treasurer:
1. 
The city clerk-treasurer, or his or her designee, shall have responsibility for the administration of this chapter.
2. 
The clerk-treasurer, in the discharge of the duties and authorities vested by this chapter, is authorized to inspect all relevant reports, books, records and premises of any licensee; provided, however, that administrative inspections shall occur only during reasonable business hours of the licensee, and shall be limited to inspection for compliance with the regulatory ordinances of the city. Inspection shall be conducted with the consent of the licensee or pursuant to a warrant.
B. 
Chief Of Police:
1. 
The chief of police shall have the duty to inspect the premises of any licensee to determine whether it is necessary to require the licensee to provide security guards to maintain orderly conduct on the part of all persons attending the cabaret and to assist the licensee in keeping out disorderly persons.
2. 
In the event the chief of police determines that a security guard is necessary, the licensee shall obtain, at his own expense, an unarmed uniformed security guard.
C. 
Law Enforcement Agencies: Nothing in this chapter prohibits any law enforcement agency from enforcing any of the laws of the city, the county, or any agency of the state.
(Ord. 460, 5-9-1994)
It is unlawful for any person to operate a cabaret without having a valid city license to do so. The license shall be known as a cabaret license.
(Ord. 460, 5-9-1994)
A. 
Application And Background Information Forms: In order to obtain a cabaret license, the applicant must fill out completely the license application form and background information form provided by the city. No application will be processed or a license issued until such time as all information requested on the license application and background information form has been provided.
B. 
License Fee: At the time of submitting the license application form and background information form, the applicant shall also pay the amount of the license fee in full. The fee for a cabaret license shall be as follows:
$480.00 per year
$120.00 per quarter
$25.00 for a single event
(Ord. 656, 9-8-2003)
A. 
Term: All annual licenses issued under the provisions of this chapter shall remain in force during the calendar year in which they are issued, unless sooner suspended or revoked. All licenses expire December 31 of each year and must be renewed.
B. 
Revoked License; Waiting Period: No person whose license is revoked may be considered for relicensing for a period of one year following the effective date of license revocation.
(Ord. 473, 1-9-1995)
In computing any period of time prescribed by this chapter, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period shall be included unless it is a Saturday, Sunday or legal holiday, in which event the last day of such period shall be the next succeeding day which is neither a Saturday, Sunday or legal holiday.
(Ord. 460, 5-9-1994)
No license issued under the provisions of this chapter shall be transferable or assignable; provided, however, that a license may be transferred from an individual owner to a corporation in which that same owner retains ownership of all of the authorized and outstanding stock of the corporation.
(Ord. 460, 5-9-1994)
The license issued pursuant to this chapter shall be posted in a place on the business premises that is conspicuous to patrons of the licensed premises.
(Ord. 460, 5-9-1994)
Issuance of any license pursuant to this chapter does not constitute the creation of a duty by the city to indemnify any licensee for any wrongful acts against the public, or to otherwise shift responsibility from the licensee to the city for the proper training, conduct or equipment of the licensee or his/her agents, officers or employees, even if specific regulations require standards of training, conduct or inspection.
(Ord. 460, 5-9-1994)
A. 
Felony Convictions: No person may be granted a cabaret license if he or she has, within ten (10) years of the date of application, been convicted of a felony related to the risks involved in operation of a cabaret including, without limitation, any felony involving fraud, controlled substances or other drugs, injury to persons, prostitution or liquor related offenses.
B. 
Prostitution; Drug Use Or Transactions: No licensee shall harbor, admit, receive or permit to be present or to remain in or about any cabaret, any person who is soliciting for purposes of prostitution, any intoxicated person, any person who is under the influence of drugs, any person who is attempting to or engaging in unlawful drug transactions, or any person who is placing patrons or employees of the cabaret in reasonable fear for their safety.
C. 
Allowing Minors On Premises: No licensee shall knowingly permit or allow any person under the age of eighteen (18) years to be present in or upon the premises of a cabaret.
(Ord. 460, 5-9-1994)
A. 
Failure To Quality; False Information: Cabaret licenses may be denied or revoked for failure of the applicant or licensee to qualify for a license under section 4-4-11 of this chapter. Licenses may be suspended or revoked for violation of section 4-4-11 of this chapter or for providing false information on a license application.
B. 
Complaint Procedure:
1. 
Whenever the clerk-treasurer has reason to believe that a cabaret license should be denied, suspended or revoked, he or she shall commence an action to deny, suspend or revoke the license by executing a written complaint setting forth in specific terms the basis for such action. A copy of such complaint shall be mailed by certified mail to the applicant or to the licensee at his or her last known address, as shown by the records of the city.
2. 
The applicant or licensee shall, within ten (10) days after receiving such a complaint, mail by certified mail to the city, his or her written answer, which shall admit or deny the allegations of such complaint, and which answer may set forth such defenses or additional mitigating information as he or she deems appropriate. The applicant or licensee may request a hearing with the city council in the same answer to the clerk-treasurer.
C. 
Investigation Of Allegations; Actions Of Clerk-Treasurer:
1. 
If the applicant or licensee fails to file an answer, or if no hearing is requested, the clerk-treasurer shall investigate the allegations of the complaint and, if cause exists therefor, shall deny, suspend or revoke the license.
2. 
Alternatively, the clerk-treasurer may find that the conduct complained of has been corrected or is unlikely to be repeated, and may dismiss such complaint; or may enter a written agreement with the licensee stipulating to corrections for the alleged misconduct in the best interest of the city.
D. 
Hearing Procedure:
1. 
In cases in which a hearing is requested, the city council shall convene a hearing upon written notice of a hearing, allowing at least ten (10), but not more than twenty (20) days’ prior notice to the applicant or licensee. The period before the hearing may be shortened by the consent of the applicant or licensee and the city.
2. 
The hearing will be convened by the city council. The applicant or licensee may be represented by counsel of his or her own choosing at his or her own expense. At the hearing, the city council shall consider whatever information is presented by any person pertaining to the basis for denial, suspension or revocation of the license, giving such information whatever weight would be considered by a reasonably prudent person in the conduct of his or her own business. The city council shall not be bound by the formal rules of evidence; provided, however, that no denial, suspension or revocation of a license may be based solely upon hearsay, but rather, some direct sworn evidence of the basis for the denial, suspension or revocation shall be provided by the city.
E. 
Council Issuance Of Findings Of Fact: Following the hearing, the city council shall issue written findings of fact, conclusions of law, and an order concluding the case. The findings shall be based solely upon the information presented to the city council at the hearing. The city council may reverse, modify or sustain the complaint for license denial, suspension or revocation, or the city council may enter into written agreements for correction of the conduct leading to the complaint for license denial, suspension or revocation.
F. 
Surrender Of License: Any person whose license has been revoked or suspended shall immediately surrender the license to the clerk-treasurer.
(Ord. 460, 5-9-1994; Ord. 706, 5-9-2005)
Violation of section 4-4-4 of this chapter (operating a cabaret without a valid cabaret license, or during a period of license suspension), or violation of section 4-4-9 of this chapter (posting the license), or violation of section 4-4-11 of this chapter (regulatory requirements) is a misdemeanor subjecting the offender to penalty as provided in section 1-4-1 of this code.
(Ord. 460, 5-9-1994; amd. 2006 Code)