This chapter shall be enforced by the Village of Newark Code Enforcement
Officer, Building/Zoning Officer, or by state, county and local police officers.
The issuance of building permits shall be governed by Chapter
62 of the Newark Village Code.
A certificate of occupancy for use is required.
A certificate of occupancy issued by the Village of Newark shall be
required in order to operate an adult use or adult entertainment facility.
The certificate of occupancy shall be valid for one year and may be renewed
on an annual basis subject to the approval of the Zoning Board of Appeals
of the Village of Newark after certification of compliance has been given
by the Code Enforcement Officer or Building/Zoning Officer. Such certification
of compliance shall be issued only after inspection by the Code Enforcement
Officer and/or Building/Zoning Officer to confirm that the business is in
full compliance with the terms of this chapter and other applicable laws.
Application for building permits and certificates of occupancy shall
be made upon such forms and shall be accompanied by such layout or plot plans
as shall be prescribed by the Zoning Officer to facilitate enforcement of
this chapter.
The duration of any certificate of occupancy shall be for a maximum
period of one year. Any certificate of occupancy for uses under this chapter
shall expire on December 31 of each year unless stated. The certificate of
occupancy shall run for the calendar year if so renewed by the Zoning Board
of Appeals of the Village of Newark.
It shall be deemed a violation of this chapter if the owner and/or operator,
an employee of the owner and/or operator or an agent of the owner/operator:
A. Has violated or is not in compliance with any section
of this chapter.
B. Has refused to allow any inspection of the adult use
as authorized by this chapter.
C. Has had any illegal gambling take place on the adult
use premises.
D. Has had the possession, use or sale of a controlled substance
occur on the premises.
E. Has had prostitution occur on the premises.
F. Has had any act of sexual intercourse, sodomy, oral copulation,
masturbation or other sexual conduct occur on the premises.
A violation of this chapter shall be punishable as a violation by a
fine not to exceed $2,000 or by imprisonment for a period not to exceed 15
days, or both, for the first offense. For the second and each subsequent offense,
punishment shall be a fine not to exceed $3,000 or imprisonment for a period
not to exceed 45 days, or both. Each day in which the violation continues
shall constitute a separate additional violation. In addition, the Village
Board shall have such other remedies as are provided by law to enforce the
provisions of this chapter.