A. 
The Code Enforcement Officer is responsible for granting, denying, revoking, renewing, suspending and canceling adult use licenses for proposed or existing adult use establishments and for ascertaining whether an adult use establishment is licensed or whether a licensed establishment complies with or is complying with this chapter.
B. 
Any law enforcement officer, the Code Enforcement Officer, the Fire Chief or a Building Department employee shall, at any reasonable hour, when there is reasonable cause to believe that a violation of this chapter may exist, have access to and shall have the right to inspect the premises of all licensees under this chapter for compliance with any or all of the applicable codes, statutes, ordinances and regulations in effect in Union Vale and within the responsibilities of their respective department. Such employee shall require strict compliance with the provisions of this chapter. Violations shall be reported to the Code Enforcement Officer.
No adult use establishment shall be permitted to operate without having been first granted an adult use license by the Code Enforcement Officer. Any adult use shall be classified as an adult bookstore, adult theater, adult photographic or modeling studio, physical culture establishment or special cabaret or any combination of these uses based on the information in the application, subject to subsequent inspection for verification.
A. 
Application required. Any person desiring to operate an adult use establishment shall file with the Code Enforcement Officer five copies of a sworn license application containing all the information listed in Subsection B.
B. 
Contents of application. The application shall contain the following:
(1) 
Name and address; if the applicant is:
(a) 
An individual, the individual shall state his legal name and any aliases and submit satisfactory proof that he is 18 years of age.
(b) 
A partnership, the partnership shall state its complete name and the names of all partners having either direct, managerial, supervisory or advisory responsibilities for day-to-day operations of the adult use and whether the partnership is general or limited.
(c) 
A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing, the names and capacity of all officers, directors and stockholders having either direct, managerial, supervisory or advisory responsibilities for day-to-day operations of the adult use and the name of the registered corporate agent and the address of the registered office for service of process.
(2) 
If the applicant intends to conduct the establishment under a name other than that of the applicant, the establishment's fictitious name and a certified copy of the applicant's registration with the Dutchess County Clerk.
(3) 
Whether the applicant or any of the other individuals listed pursuant to Subsection B(1) has, within the five-year period immediately preceding the date of the application, been convicted of a specified criminal act and, if so, the specified criminal act involved, the date of conviction and the place of conviction.
(4) 
Whether the applicant or any of the other individuals listed pursuant to Subsection B(1) has had a previous license or permit, under this chapter or any other ordinance regulating adult uses, suspended or revoked or has, by court order, been required to cease operation, including the name and location of the establishment for which the license was suspended or revoked, as well as the date of the suspension or revocation, and whether the applicant or any other individuals listed pursuant to Subsection B(1) has been a partner in a partnership or an officer, director or principal stockholder of a corporation whose license under this chapter or any other ordinance regulating adult uses has previously been suspended or revoked, including the name and location of the establishment for which the license was suspended or revoked, as well as the date of the suspension or revocation.
(5) 
Whether the applicant or any other individuals listed pursuant to Subsection B(1) is a partner in a partnership or a stockholder in a corporation which holds any other licenses under this chapter and, if so, the names and locations of such other licensed establishments.
(6) 
The general nature of the type of adult use for which the applicant is seeking a license, including a statement concerning the degree to which the anticipated activities at the adult use meet the definitions of the enumerated adult use classifications listed in § 84-12 of this chapter. Such a characterization shall serve as an initial basis for the permitted activities allowed under the license issued.
(7) 
The location of the proposed establishment, including a legal description of the property site and a legal street address.
(8) 
The names of the employees for the proposed establishment, if known, or, if presently unknown, a statement to that effect.
(9) 
The applicant's mailing address, residential address and residential telephone number (if any).
(10) 
A site plan of the proposed or existing establishment. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each site plan 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 site plan shall include, but not be limited to, the following:
(a) 
All property lines, rights-of-way and the location of buildings, parking areas and spaces, curb cuts and driveways.
(b) 
All windows, doors, entrances and exits, fixed structural features, walls, stages, partitions, projection booths, admission booths, adult booths, concession booths, stands, food service equipment, counters and similar structures.
(c) 
All proposed improvements or enlargements to be made, which shall be indicated and calculated in terms of percentage of increase in floor size.
(d) 
A designation of any portion of the premises in which patrons will not be permitted.
(e) 
If a proposed establishment is constructed in a manner that varies from the site plan submitted, a supplemental site plan showing the existing facility shall be provided once the certificate of occupancy or final building permit inspection is completed.
(11) 
A recent photograph of the individuals listed pursuant to Subsection B(1).
(12) 
Either the driver's license number or the state or federally issued identification card number of the individuals listed pursuant to Subsection B(1).
(13) 
A valid adult use permit signed by the Code Enforcement Officer pursuant to Article VI of this chapter.
(14) 
A sworn statement attesting to the accuracy of the information provided in the application and to the fact that the applicant, as licensee, will own, possess, operate and exercise control over the proposed or existing adult use establishment.
(15) 
The Town Attorney shall review all applications to ensure that they conform to the requirements of this Chapter 84, that the facts submitted are accurate to the extent that the circumstances of the applicant make it advisable to carry out such verification. The Town Planning Board shall perform a site plan review.
A. 
Any adult use establishment shall pay to the Code Enforcement Officer and prior to application for a license that fee in an amount to cover the expenses of the legal and site plan review necessary to obtain an adult use permit pursuant to this chapter. The amount of such fee shall be established by resolution of the Town Board. Such fee shall be paid only one time for any proposed adult use location unless the proposal is to expand the dimensions of a permitted adult use.
B. 
Each application for an adult use license shall be accompanied by a nonrefundable fee in an amount required to offset the cost of processing the application as set by resolution of the Town Board. The Code Enforcement Officer review fee shall be in addition to the fees for legal and site plan review.
A. 
In the event that the Code Enforcement Officer determines or learns at any time that the applicant has not properly completed the application for a proposed establishment, he or she shall promptly notify the applicant of such fact and shall allow the applicant 30 days to properly complete the application. The time period for granting or denying a license shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.
B. 
Failure to respond to a request for information necessary to complete the application within 60 days shall result in a denial of the application on the basis of abandonment. This denial shall be without prejudice to the applicant's right to reapply.
Upon receipt of an application properly filed with the Code Enforcement Officer and upon payment of the nonrefundable application fee, the Code Enforcement Officer shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the Planning Board and the Town Attorney. The Town Attorney shall promptly arrange for an investigation of the applicant and of the individuals listed in the application by the Dutchess County Sheriff's Department to ascertain the validity of the information provided as well as other information provided in the application. At the conclusion of this review, the Planning Board and the Town Attorney shall indicate, on their respective photocopies of the application, the results of their reviews.
A. 
Time period for granting or denying.
(1) 
The Code Enforcement Officer shall grant or deny an application for a new, renewal or transfer license within 60 days from the date of its proper filing. Any denial shall state the reasons for the denial.
(2) 
Upon the expiration of the sixtieth day, the applicant may, at the applicant's discretion, begin operating the establishment for which a license is sought without benefit of a license unless and until the Code Enforcement Officer notifies the applicant of a denial of the application and states the reason(s) for that denial. Failure to timely grant or deny an application for a license and the provisions of this section allowing operation without benefit of a license shall not serve as a granting of the license.
(3) 
Failure to timely grant or deny an application for a license shall serve to ripen an appropriate action to compel a decision on the application. The Town will cooperate with the applicant to assure his entitlement to prompt judicial review of the Town's failure to timely grant or deny the application. All operation of the establishment, under this special provision, shall conform to the provisions of this chapter during the pendency of the application review.
B. 
Granting of application for license. If there is no basis for denial, pursuant to Subsection C, the Code Enforcement Officer shall grant the application, notify the applicant of the granting and issue the license to the applicant upon payment of the appropriate annual license fee.
C. 
Denying application for license.
(1) 
The Code Enforcement Officer shall deny the application for any of the following reasons:
(a) 
The application contains material false information or information material to the decision was omitted; failure to list an individual required to be listed pursuant to § 84-13B(1), and whose listing would result in a denial pursuant to Subsection C(1)(b) and (d) below, is presumed to be a material false information for purposes of denial of the application; the certification that the licensee owns, possesses, operates and exercises control over the proposed or existing adult use establishment is a material representation for purpose of this section.
(b) 
The applicant or any of the other individuals listed pursuant to § 84-13B(1) holds or has held a license under this chapter or any other ordinance regulating adult uses which has been suspended or revoked for reasons which would be sufficient to warrant suspension or revocation under this chapter and from which less than 10 years has elapsed since the date of revocation or from which less than two years has elapsed since the date of suspension.
(c) 
The granting of the application would violate a statute, chapter or an order from a court of law.
(d) 
An applicant or any of the other individuals listed pursuant to § 84-13B(1) has been convicted of a specified criminal act:
[1] 
For which:
[a] 
Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
[b] 
Less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a felony offense; or
[c] 
Less than five years have elapsed since the date of the last conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period.
[2] 
The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
[3] 
An applicant who has been convicted of a specified criminal act may qualify for an adult use license only when the time period required by Subsection C(l)(d)[1] [a] through [c] of this section has elapsed.
(e) 
Abandonment of the application pursuant to Subsection A.
(2) 
If the Code Enforcement Officer denies the application, the notification to the applicant shall state the reason(s) for such denial.
(3) 
If a person applies for a license at a particular location within a period of six months from the date of denial of a previous application for a license at the location and there has not been an intervening change in the circumstances material to the decision regarding the former reason(s) for denial, the application shall not be accepted for consideration.
(4) 
The granting of a license does not act as a certification that the proposed adult use establishment meets all provisions of this chapter or of any health or land use regulation, code, ordinance or regulation. The existing adult use establishment and any proposed adult use establishment, once established, must meet all code provisions required of all regulated businesses.
A. 
Contents. An adult use license shall state on its face the name of the licensee, the name of the establishment, the street address of the establishment, the classification(s) of the license, the date of issuance and the date of expiration.
B. 
Term. All licenses issued under this chapter shall be annual licenses which shall commence running on October 1, on which date they shall have been paid for, and shall expire on September 30 of the following year. If a license is issued after October 1 but by March 31 of the following year, the applicant shall pay the appropriate license fee. If a license is issued after March 31 but by October 1 of the same year, the applicant shall pay 1/2 the appropriate license fee.
C. 
Renewals.
(1) 
Licenses shall be renewed annually. Subject to the requirements of this chapter, a licensee under this chapter shall be entitled to a renewal of his annual license from year to year, as a matter of course, by October 1 by presenting the license for the previous year and by paying the appropriate license fee and updating the information supplied with the latest application or certifying that the information supplied remains unchanged.
(2) 
An application for renewal may be denied if updated information provided in the application indicates that one or more of the individuals required to be listed pursuant to § 84-13B(1) were not listed in the original application and their existence in the original application would have resulted in a denial of the application pursuant to Subsection C. Removal of that individual(s) from the application for renewal will allow approval of the application for renewal.
(3) 
An application for renewal may not be denied where the individuals required to be listed pursuant to § 84-13B(1) were listed in the original application and, subsequent to issuance of the license, were convicted of an offense which would have resulted in a denial of the application pursuant to Subsection C. Such convictions are to be accommodated through the suspension and revocation procedures of this chapter.
D. 
Expiration. A license that is not renewed under this chapter by October 1 of each year shall expire. An expired license may be renewed by November 30 of the same year upon presentation of an affidavit stating that no adult entertainment activity has taken place at the establishment subsequent to expiration, upon payment of the appropriate license fee and upon payment of a penalty of 10% of the appropriate license fee for the month of October, or fraction thereof, and an additional penalty of 5% of the appropriate license fee for the month of November, or fraction thereof.
E. 
Cancellation. All expired licenses not renewed by November 30 shall be canceled summarily by the Code Enforcement Officer.
A. 
Levy of license fees. In order to cover the administrative and enforcement costs associated with this chapter, there are hereby levied annual licensing regulatory fees under this chapter for an adult entertainment establishment in amounts set by resolution of the Town Board.
B. 
License fees are regulatory in nature. The annual license fees collected under this chapter are declared to be regulatory fees which are collected for the purpose of examination and inspection of adult uses under this chapter and the administration thereof. These regulatory fees are in addition to and not in lieu of the occupational license taxes, building permit fees, impact fees, food establishment fees or other fees imposed by other sections of the Town Code.
A. 
Records and reports.
(1) 
Each licensee shall keep such records and make such reports as are required under this chapter.
(2) 
Whenever the information required by or provided under § 84-13B has changed, the licensee shall provide the changed information to the Code Enforcement Officer within 14 days.
B. 
Consent. By applying for a license under this chapter, the licensee shall be deemed to have consented to the provisions of this chapter and to the exercise by the Code Enforcement Officer, the Sheriff, the Planning Board and the Town Attorney of their respective responsibilities under this chapter.
A. 
Requirements for transfer. A licensee shall not transfer his license to another business entity or person and thereby surrender ownership, possession, control and operation of the licensed establishment to such other business entity or person unless and until such other business entity or person satisfies the following requirements:
(1) 
Such other business entity or person obtains an amendment to the license from the Code Enforcement Officer which indicates the new licensee, which amendment may be obtained only upon completion and proper filing of an application with the Code Enforcement Officer setting forth the information called for under § 84-13B, with respect to the new applicant, and that application has been granted by the Code Enforcement Officer pursuant to § 84-17B; and
(2) 
Such other business entity or person pays the application fee and a transfer fee of 10% of the appropriate annual license fee.
B. 
Effect of suspension or revocation procedures. No license may be transferred pursuant to this § 84-21 when the Code Enforcement Officer has notified the licensee that suspension or revocation proceedings have been or will be brought against the licensee.
C. 
No transfer to different location. A licensee shall not transfer his license to another location.
D. 
Attempted improper transfer void; license abandoned. Any attempted transfer of a license either directly or indirectly in violation of this § 84-21 is hereby declared void, and the license shall be deemed abandoned and shall automatically terminate. The Code Enforcement Officer shall give notice of the cancellation of the license.
No licensee may change the name of an adult use establishment unless and until he satisfies each of the following requirements:
A. 
The licensee gives the Code Enforcement Officer 30 days' notice, in writing, of the proposed name change.
B. 
The licensee pays the Code Enforcement Officer a change-of-name fee as set forth from time to time by resolution of the Town Board.
A. 
Violation of general provisions.
(1) 
In the event that the Code Enforcement Officer learns or finds, upon sufficient cause, that a licensed adult use establishment is operating contrary to the respective general requirement of § 84-29E, F and G, or the applicable special requirement of § 84-30A(1)(a), (b), (c) and (d), § 84-30A(5), § 84-30B, C and D and § 84-31, he shall promptly notify the licensee of the violation and shall allow the licensee a thirty-day period in which to correct the violation. Filing of an application to the Zoning Board of Appeals for a variance from § 84-30 shall toll the running of the time period, and the Zoning Board of Appeals may, in its conditions for any variance, provide for a specified period of time for correction of the violation, consistent with the variance.
(2) 
If the licensee fails to so correct the violation before the expiration of the time period provided for in Subsection A(l) above, the Department shall notify the Code Enforcement Officer, who shall forthwith suspend the license and shall notify the licensee of the suspension.
(3) 
The suspension shall remain in effect until the Department notifies the Code Enforcement Officer in writing that the violation of the provision in question has been corrected. The Code Enforcement Officer or another department, at its request, shall respond to a request for inspection within 24 hours of receipt of such a request and shall, within 12 hours of inspection, notify the licensee that the violation has or has not been corrected.
(4) 
Within 24 hours of receipt of notice that the violation(s) responsible for any suspension has (have) been corrected, the Code Enforcement Officer shall notify the licensee that the suspension is lifted.
(5) 
During the suspension of its license, an adult use establishment may not operate as an adult use or, pursuant to either applicable codes, chapters, statutes or court orders, where applicable, may not be open for business.
B. 
Illegal transfer. In the event that the Code Enforcement Officer learns or finds, upon sufficient cause, that a licensee is engaged in a license transfer contrary to § 84-21, it shall forthwith suspend the license and notify the licensee of the suspension. The suspension shall remain in effect until the Code Enforcement Officer is satisfied that the requirements of § 84-21 have been met.
C. 
Convictions for violations of Article VII of this chapter.
(1) 
In the event that three or more convictions for violations of a specified criminal act or violations of Article VII of this chapter occur at an adult use establishment within a two-year period and convictions result from at least three of the violations of either the licensee, the licensee's operator or employee, or of any of the other individuals listed pursuant to § 84-13B(1), the Code Enforcement Officer shall, upon the receipt of notice of such convictions, or when such convictions are ascertained by other means, suspend the license and notify the licensee of the suspension. The suspension shall remain in effect for a period of 30 days. For purposes of this § 84-23 only, in the event that a single occurrence of enforcement results in more than one conviction, the total number of convictions shall be combined into a single violation. "Single occurrences of enforcement" are enforcement actions occurring at the same location and less than four hours apart. Enforcement actions occurring more than four hours apart or at different locations resulting in convictions are separate violations for purposes of this subsection.
(2) 
In the event that one or more violations of a specified criminal act or a violation of Article VII of this chapter occurs at the adult use establishment within a period of two years and 30 days from the date of the violation from which the conviction resulted for which the license was suspended for 30 days under Subsection C(1) and a conviction results from one or more of the violations of either the licensee, the licensee's operator or employee or of any of the other individuals listed pursuant to § 84-13B(1), the Code Enforcement Officer shall, upon the date of the first conviction, suspend the license again and notify the licensee of the suspension. The suspension shall remain in effect for a period of 90 days.
(3) 
In the event that one or more violations of a specified criminal act or violations of Article VII of this chapter occur within a period of two years and 90 days from the date of the violation from which the conviction resulted for which the license was suspended for 90 days under Subsection C(2) and a conviction results from one or more of the violations of either the licensee, the licensee's operator or employee or of any of the other individuals listed pursuant to § 84-13B(1), the Code Enforcement Officer shall, upon the date of the first conviction, suspend the license again and notify the licensee of the suspension. The suspension shall remain in effect for a period of 180 days.
(4) 
The transfer or renewal of a license pursuant to this chapter shall not defeat the terms of Subsection C(1) through (3).
D. 
Effective date of suspension. All periods of suspension shall begin five days after the date the Code Enforcement Officer mails the notice of suspension to the licensee or on the date the licensee delivers his license to the Code Enforcement Officer, whichever happens first.
False information. In the event that the Code Enforcement Officer learns or finds upon sufficient cause that a license was granted based upon material false information, misrepresentation of material fact or mistake of fact or law, he or she shall notify the licensee and shall provide no more than 30 days during which the licensee may correct or explain the reason for the false information. If the licensee does not have adequate justification for the existence of false information or if the licensee cannot correct the application to conform to the requirements of this chapter, the licensee will be in violation of this chapter. A Code Enforcement Officer or a law enforcement officer may issue a citation for violation of this section of this chapter. The licensee will be subject to all proceedings, fines and penalties provided in this chapter. In the event that the licensee is convicted or found guilty of a violation of this provision, he shall also be subject to cancellation of the license as provided in § 84-25C and D of this chapter. Failure to list an individual required to be listed pursuant to § 84-13B(1), and whose listing would result in a denial pursuant to § 84-17C, is presumed to be a material false information for purposes of cancellation of the permit; the certification that the licensee owns, possesses, operates and exercises control over the proposed or existing adult use establishment is a material representation for purposes of this section.
A. 
If the licensee, the licensee's operator or employee, or any other individual listed pursuant to § 84-13B(1), is convicted for one or more specified criminal acts or for a violation of Article VII of this chapter and the conviction(s) was (were) for activities that occurred at an adult use establishment which has had a license suspended for a period of 180 days pursuant to § 84-23C(3), and the conviction(s) occurs within a period of 2 1/2 years after the license was suspended for 180 days pursuant to § 84-23C(3), the licensee will be in violation of this provision and will be subject to revocation of his/her license.
B. 
The time frame of 2 1/2 years during which the licensee is subject to revocation proceedings under Subsection A shall begin to run from the first day upon which the one-hundred-eighty-day suspension of the license takes effect.
C. 
Upon discovery of a violation as defined in Subsection A, the Code Enforcement Officer shall notify the licensee of his or her intent to revoke the license. The licensee shall have 30 days upon which to request a hearing before the Zoning Board of Appeals. Such hearing shall provide for adequate due process as constitutionally required in a quasi-judicial proceeding. The Town Board may revoke the license if it finds that the licensee is in violation of this provision.
D. 
In the event that the licensee fails to make a timely request for a hearing, the Code Enforcement Officer shall permanently revoke the license and notify the licensee of the revocation and the reasons therefor.
E. 
The transfer or renewal of a license pursuant to this chapter shall not defeat the terms of this § 84-25.
The revocation shall take effect five days after the date the Code Enforcement Officer mails the notice of revocation to the licensee or on the date the licensee delivers his license to the Code Enforcement Officer, whichever happens first.