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.
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.
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.
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.
If a license is revoked, the licensee shall not be allowed to obtain
another adult use license for a period of 10 years.
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.