[HISTORY: Adopted by the Common Council of the City of Lockport 7-2-1997
by L.L. No. 2-1997. Amendments noted where applicable.]
It is the purpose of this chapter to regulate sexually oriented businesses,
to promote the health, safety, morals and general welfare of the citizens
of the City of Lockport; and to establish reasonable and uniform regulations
to prevent the continued deleterious location and concentration of sexually
oriented businesses with the City of Lockport. The provisions of this chapter
have neither the purpose nor effect of imposing a limitation or restriction
on the content of any communicative materials, including sexually oriented
materials. Similarly, it is not the intent nor effect of this chapter to restrict
or deny access by adults to sexually oriented materials protected by the First
Amendment or to deny access by the distributors and exhibitors of sexually
oriented entertainment to their intended market. Neither is it the intent
nor effect of this chapter to condone or legitimize the distribution of obscene
materials.
As used in this chapter, the following terms shall have the meanings
indicated:
Any place to which the public is permitted or invited wherein coin-operated
or slug-operated or electronically, electrically or mechanically controlled
still or motion-picture machines, projectors or other image-producing devices
are maintained to show images to five or fewer persons per machine at any
one time and where the images so displayed are distinguished or characterized
by the depicting or describing specified sexual activities or specified anatomical
areas.
A commercial establishment that is customarily not open to the public
generally but excludes any minor by reason of age and, as one of its principal
business purposes, offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, video cassettes or video reproductions, slides or
other visual representations which depict or describe specified sexual activities
or specified anatomical areas; or
Instruments, devices or paraphernalia that are designed for use in connection
with specified sexual activities.
A commercial establishment may have other principal business purposes
that do not involve the offering for sale or rental of material depicting
or describing specified sexual activities or specified anatomical areas and
still be categorized as adult bookstore or adult video store. Such other business
purposes will not serve to exempt such commercial establishments from being
categorized as an adult bookstore or adult video store so long as one of its
principal business purposes is the offering for sale or rental for consideration
the specified materials which depict or describe specified sexual activities
or specified anatomical areas. A principal business purpose need not be a
primary use of an establishment so long as it is a significant use based upon
the visible inventory or commercial activity of the establishment.
A nightclub, bar, restaurant or similar commercial establishment
(i.e., juice bar or other business that does not serve alcoholic beverages)
that regularly features:
Persons who appear in a state of seminudity;
Live performances that are characterized by the exposure of specified
anatomical area or by specified sexual activities;
Films, motion pictures, video cassettes, slides or other photographic
reproductions that are characterized by the depiction or description of specified
sexual activities or specified anatomical areas; or
Persons who engage in lewd, lascivious or erotic dancing or performances
that are intended for the sexual interests or titillation of an audience or
customers.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration; provides
patrons with closed-circuit television transmissions, films, motion pictures,
video cassettes, slides or other photographic reproductions which are characterized
by the depiction or description of specified sexual activities or specified
anatomical areas; and has a sign visible from the public right-of-way which
advertises the availability of this adult type of photographic reproductions;
Offers a sleeping room for rent for a period of time that is less than
10 hours; or
Allows a tenant or occupant of a sleeping room to subrent the room for
a period of time that is less than 10 hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic reproductions
are regularly shown which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
A theater, concert hall, auditorium or similar commercial establishment
which regularly features persons who appear in a state of nudity or live performances
which are characterized by the exposure of specified anatomical areas or specified
sexual activities.
The Chief of Police and such employee(s) of the Police Department
as he may designate to perform the duties of the director under this chapter
or any other official of the City of Lockport that the Common Council may
designate to perform said duties.
A person who, for consideration, agrees or offers to act as a companion,
guide or date for another person or who agrees or offers to privately model
lingerie or to privately perform a striptease for another person.
A person or business association who furnishes, offers to furnish
or advertises to furnish escorts as one of its primary business purposes for
a fee, tip or other consideration.
Includes any of the following:
The opening or commencement of any sexually oriented business as a new
business;
The conversion of an existing business, whether or not a sexually oriented
business, to any sexually oriented business;
The additions of any sexually oriented business to any other existing
sexually oriented business; or
The relocation of any sexually oriented business.
Any place where a person, who appears in a state of nudity or displays
specified anatomical areas, is provided to be observed, sketched, drawn, painted,
sculptured, photographed or similarly depicted by other persons who pay money
or any form of consideration.
The appearance of a human bare buttock, anus, male genitals, female
genitals or female breast without a fully opaque complete covering of the
breast below a point immediately above the top of the areola or human male
genitals in a discernibly turgid state even if completely and opaquely covered.
A person in whose name a permit and/or license to operate a sexually
oriented business has been issued, as well as the individual listed as an
applicant on the application for a permit and/or license.
An individual, proprietorship, partnership, corporation, association
or other legal entity.
A state of dress in which clothing covers no more than the human
bare buttock, anus, male genitals, female genitals or female breast without
a fully opaque complete covering of the breast below a point immediately above
the top of the areola or human male genitals in a discernibly turgid state
even if completely and opaquely covered.
A business or commercial enterprise that, as one of its primary business
purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult cabaret,
adult motel, adult motion-picture theater, adult theater, escort agency, nude
model studio or sexual encounter center.
The male genitals in a state of sexual arousal and/or the vulva or
more intimate parts of the female genitals.
Includes any of the following:
The increase in floor areas occupied by the business by more than
25%, as the floor areas exist on date of enactment.
Includes any of the following:
The sale, lease or sublease of the business;
The transfer of securities which constitute a controlling interest in
the business, whether by sale, exchange or similar means; or
The establishment of a trust, gift or other similar legal device which
transfers the ownership or control of the business, except for transfer by
bequest or other operation of law upon the death of the person possessing
the ownership or control.
Sexually oriented businesses are classified as follows:
A.
It shall be unlawful for a person to operate a sexually
oriented business without a valid permit and/or license, issued by the director.
B.
An application for a permit and/or license must be made
on a form provided by the City of Lockport. The application must be accompanied
by a sketch or a diagram showing the configuration of the premises, including
a statement of total floor space occupied by the business. The sketch or diagram
need not be professionally prepared but must 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.
C.
The applicant must be qualified according to the provisions
of this chapter and the premises must be inspected and found to be in compliance
with the law by the Health Department, Fire Department, building official
and zoning official.
D.
If a person who wishes to operate a sexually oriented
business is an individual, he must sign the application for a permit and/or
license as the applicant. If a person who wishes to operate a sexually oriented
business is other than an individual, each individual who has a ten-percent
or greater interest in the business must sign the application for a permit
and/or license as the applicant. If a corporation is listed as owner of a
sexually oriented business or as the entity that wishes to operate such a
business, each individual having a ten-percent or greater interest in the
corporation must sign the application for a permit and/or license as the applicant.
E.
The fact that a person possesses other types of state
or City permits and/or licenses does not exempt him from the requirement of
obtaining a sexually oriented business permit and/or license.
F.
Applications for a permit, whether original or renewal,
must be made to the director by the intended operator of the enterprise. Applications
must be submitted by hand delivery to the office of the director or the director's
designee during regular working hours. Application forms shall be supplied
by the director. The intended operator shall be required to give the following
information on the application form:
(1)
The name, street address (and mailing address, if different)
and New York driver's license number of the intended operator; and the
name and street address (and mailing address, if different) of the owner(s);
(2)
The name under which the establishment is to be operated
and a general description of the services to be provided;
(3)
The telephone number of the establishment;
(4)
The address and legal description of the tract of land
on which the establishment is to be located;
(5)
If the establishment is in operation, the date on which
the owner(s) acquired the establishment for which the permit is sought and
the date on which the establishment began operations as a sexually oriented
business at the location for which the permit is sought; and
(6)
If the establishment is not in operation, the expected
start-up date (which shall be expressed in number of days from the date of
issuance of the permit). If the expected start-up date is to be more than
10 days following the date of issuance of the permit, then a detailed explanation
of the construction, repair or remodeling work or other cause of the expected
delay and a statement of the owner's time schedule and plan for accomplishing
the same.
G.
The application shall be accompanied by the following:
(1)
Payment of the application fee in full.
(2)
If the establishment is a New York corporation, a certified
copy of the articles of incorporation, together with all amendments thereto.
(3)
If the establishment is a foreign corporation, a certified
copy of the certificate of authority to transact business in this state, together
with all amendments thereto.
(4)
If the establishment is a limited partnership formed
under the laws of New York, a certified copy of the certificate of limited
partnership, together with all amendments thereto.
(5)
If the establishment is a foreign limited partnership,
a certified copy of the certificate of limited partnership and the qualification
documents, together with all amendments thereto.
(6)
Proof of the current fee ownership of the tract of land
on which the establishment is to be situated in the form of a copy of the
recorded deed.
(7)
If the persons identified as the fee owner(s) of the tract of land in Subsection G(6) are not also the owners of the establishment, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owners or proposed owners of the establishment of to have or obtain the use and possession of the tract or portion thereof that is to be used for the establishment for the purpose of the operation of the establishment.
I.
A separate application and permit shall be required for
each sexually oriented business.
A.
The director shall approve the issuance of a permit and/or
license to an applicant within 30 days after receipt of an application unless
he finds one or more of the following to be true:
(1)
An applicant is under 18 years of age.
(2)
An applicant or an applicant's spouse is overdue
in his payment to the City of taxes, fines or penalties assessed against him
or imposed upon him in relation to a sexually oriented business.
(3)
An applicant has failed to provide information reasonably
necessary for issuance of the permit and/or license or has falsely answered
a question or request for information on the application form.
(4)
An applicant is residing with a person who has been denied
a permit and/or license by the City to operate a sexually oriented business
within the preceding 12 months or residing with a person whose license to
operate a sexually oriented business has been revoked within the preceding
12 months.
(5)
The premises to be used for the sexually oriented business
have not been approved by the Health Department, Fire Department, building
official and zoning official as being in compliance with applicable laws and
ordinances.
(6)
The permit and/or license fee required by this chapter
has not been paid.
(7)
An application of the proposed establishment is in violation
of or is not in compliance with any of the provisions of this chapter.
B.
The permit and/or license, if granted, shall state on
its face the name of the person or persons to whom it is granted, the expiration
date and the address of the sexually oriented business. The permit and/or
license shall be posted in a conspicuous place at or near the entrance to
the sexually oriented business so that it may be easily read at any time.
C.
The Health Department, Fire Department, building official
and zoning official shall complete their certification that the premises is
in compliance or not in compliance within 20 days of receipt of the application
by the director. The certification shall be promptly presented to the director.
D.
In the event that the director determines that an applicant
is not eligible for a permit, the applicant shall be given notice in writing
of the reasons for the denial within 45 days of the receipt of its application
by the director, provided that the applicant may request, in writing, that
such period be extended for an additional period of not more than 10 days
at any time before the notice is issued in order to make modifications necessary
to comply with this chapter.
E.
An applicant may appeal the decision of the director
regarding a denial to the City of Lockport Common Council by filing a written
notice of appeal with the City Clerk within 15 days after the applicant is
given notice of the director's decision. The notice of appeal shall be
accompanied by a memorandum or other writing setting out fully the grounds
for such appeal and all arguments in support thereof. The director may submit
a memorandum in response to the memorandum filed by the applicant on appeal
to the Common Council. After reviewing such memoranda, as well as the director's
written decision, if any, and exhibits submitted to the director, the Common
Council shall vote to either uphold or overrule the director's decision.
Such vote shall be taken within 21 calendar days after the date on which the
City Clerk receives the notice of appeal. However, all parties shall be required
to comply with the director's decision during the pendency of the appeal.
The annual fee for a sexually oriented business permit and/or license
is $500. This fee is to be used to pay for the cost of the administration
and enforcement of this chapter.
An applicant or permittee and/or licensee shall permit representatives
of the Police Department, Health Department, Fire Department, Zoning Department
or other City or state departments or agencies to inspect the premises of
a sexually oriented business for the purpose of ensuring compliance with the
law, at any time it is occupied or open for business.
A.
Each permit and/or license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 51-5. Application for renewal should be made at least 30 days before the expiration date; and when made less than 30 days before the expiration date, the expiration of the permit and/or license will not be affected.
B.
When the director denies renewal of a license, the applicant
shall not be issued a permit and/or license for one year from the date of
denial. If, subsequent to denial, the Director finds that the basis for denial
of the renewal permit and/or license has been corrected or abated, the applicant
may be granted a permit and/or license if at least 90 days have elapsed since
the date denial became final.
The director shall suspend a permit and/or license for a period not
to exceed 30 days if he determines that permittee and/or licensee or an employee
of a permittee and/or licensee has:
A.
Violated or is not in compliance with any section of
this chapter.
B.
Become impaired or intoxicated through the use of alcoholic
beverages while on the sexually oriented business premises.
C.
Refused to allow an inspection of the sexually oriented
business premises as authorized by this chapter.
D.
Knowingly permitted gambling by any person on the sexually
oriented business premises.
A.
The director shall revoke a permit and/or license if a cause of suspension in § 51-9 occurs and the permit and/or license has been suspended within the preceding 12 months.
B.
The director shall also revoke a permit and/or license
if he determines that:
(1)
A permittee and/or licensee gave false or misleading
information in the material submitted during the application process;
(2)
A permittee and/or licensee or an employee has knowingly
allowed possession, use or sale of controlled substances on the premises;
(3)
A permittee and/or licensee or an employee has knowingly
allowed prostitution on the premises;
(4)
A permittee and/or licensee or an employee knowingly
operated the sexually oriented business during a period of time when the permittee's
and/or licensee's permit and/or license was suspended;
(5)
A permittee and/or licensee or an employee has knowingly
allowed any act of sexual intercourse, sodomy, oral copulation, masturbation
or other sexual conduct to occur in or on the permitted and/or licensed premises;
(6)
A permittee and/or licensee is delinquent in payment
to the City or state for any taxes for fees past due;
(7)
The owner or operator of the permitted establishment
knowingly allowed a person under 18 years of age to enter an establishment.
(8)
There was a change of owner or operator for which a transfer
application was not timely filed.
C.
When the director revokes a permit and/or license, the
revocation shall continue for one year, and the permittee and/or licensee
shall not be issued a sexually oriented business permit and/or license for
one year from the date revocation became effective. If, subsequent to revocation,
the director finds that the basis for the revocation has been corrected or
abated, the applicant may be granted a permit and/or license if at least 90
days have elapsed since the date the revocation became effective.
D.
After denial of an application by the director and the
Common Council or denial of a renewal of an application or suspension or revocation
of a permit and/or license by the director, the applicant or licensee or permittee
may seek prompt judicial review of such administrative action in any court
of competent jurisdiction. The administrative action shall be promptly reviewed
by the court.
A permittee and/or licensee shall not transfer his permit and/or license
to another, nor shall a permittee and/or licensee operate a sexually oriented
business under the authority of a permit and/or license at any place other
than the address designated in the application.
Sexually oriented businesses shall be permitted in any I-2 or I-3 Industrial
District, as defined in the City of Lockport Zoning Ordinance,[1] provided that:
A.
The sexually oriented business may not be operated within
1,000 feet of:
B.
A sexually oriented business may not be operated in the
same building, structure, or portion thereof containing another sexually oriented
business.
C.
For the purpose of this chapter, measurement shall be
made in a straight line, without regard to intervening structures or objects,
from the nearest portion of the building or structure used as a part of the
premises where a sexually oriented business is conducted to the nearest property
line of the premises of a church, synagogue, regular place of worship or public
or private elementary or secondary school or to the nearest boundary of an
affected public park, residential district or residential lot or licensed
day-care center.
A.
Any business lawfully operating on the effective date
of this chapter that is in violation of the locational or structural configuration
requirements of this chapter shall be deemed a nonconforming use. The nonconforming
use will be permitted to continue for a period not to exceed two years, unless
sooner terminated for any reason or voluntarily discontinued for a period
of 30 days or more. Such nonconforming uses shall not be increased, enlarged,
extended or altered, except that the use may be changed to a conforming use.
If two or more sexually oriented businesses are within 1,000 feet of one another
and otherwise in a permissible location, the sexually oriented business that
was first established and continually operating at a particular location is
the conforming use and the later-established business(es) is nonconforming.
B.
A sexually oriented business lawfully operating as a
conforming use is not rendered a nonconforming use by the location subsequent
to the grant or renewal of the sexually oriented business permit and/or license
of a church, synagogue or regular place of religious worship, public or private
elementary or secondary school, licensed day-care center, public park or residential
district within 1,000 feet of the sexually oriented business. This provision
applies only to the renewal of a valid permit and/or license and does not
apply when an application for a permit and/or license is submitted after a
permit and/or license has expired or has been revoked.
A.
Evidence that a sleeping room in a hotel, motel or a
similar commercial establishment has been rented and vacated two or more times
in a period of time that is less than 10 hours creates a rebuttable presumption
that the establishment is an adult motel as that term is defined in this chapter.
B.
It is unlawful if a person, as the person in control
of a sleeping room in a hotel, motel or similar commercial establishment that
does not have a sexually oriented permit and/or license, rents or subrents
a sleeping room to a person and, within 10 hours from the time the room is
rented, he rents or subrents the same sleeping room again.
A person who operates or causes to be operated a sexually oriented business,
other than an adult motel, which exhibits on the premises in a viewing room
of less than 150 square feet of floor space a film, video cassette or other
video reproduction that depicts specified sexual activities or specified anatomical
areas, shall comply with the following requirements:
A.
Upon application for a sexually oriented permit and/or
license, the application shall be accompanied by a diagram of the premises
showing a plan thereof specifying the location of one or more manager's
stations and the location of all overhead lighting fixtures and designating
any portion of the premises in which patrons will not be permitted. A manager's
station may not exceed 32 square feet of floor area. The diagram shall also
designate the place at which the permit will be conspicuously posted, if granted.
A professionally prepared diagram in the nature of an engineer's or architect's
blueprint shall not be required; however, each diagram 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 director may waive the foregoing diagram
for renewal applications if the applicant adopts a diagram that was previously
submitted and certifies that the configuration of the premises has not been
altered since it was prepared.
B.
The application shall be sworn to be true and correct
by the applicant.
C.
No alteration in the configuration or location of a manager's
station may be made without the prior approval of the director or his designee.
D.
It is the duty of the owners and operator of the premises
to ensure that at least one employee is on duty and situated in each manager's
station at all times that any patron is present inside the premises.
E.
The interior of the premises shall be configured in such
a manner that there is an unobstructed view from a manager's station
of every area of the premises to which any patron is permitted access for
any purpose excluding rest rooms. Rest rooms may not contain video reproduction
equipment. If the premises has two or more manager's stations designated,
then the interior of the premises shall be configured in such a manner that
there is an unobstructed view of each area of the premises to which any patron
is permitted access for any purpose from at least one of the manager's
stations. The view required in this subsection must be by direct line of sight
from the manager's station.
F.
It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in Subsection E remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection A of this section.
G.
No viewing room may be occupied by more than one person
at any time.
H.
The premises shall be equipped with overhead lighting
fixtures of sufficient intensity to illuminate every place to which patrons
are permitted access at an illumination of not less than one footcandle as
measured at the floor level.
I.
It shall be the duty of the owners and operator and it
shall also be the duty of any agents and employees present in the premises
to ensure that the illumination described above is maintained at all times
that any patron is present in the premises.
A.
It shall be unlawful for an owner or operator of a sexually
oriented business to allow the merchandise or activities of the establishment
to be visible from a point outside the establishment.
B.
It shall be unlawful for the owner or operator of a sexually
oriented business to allow the exterior portion of the sexually oriented business
to have flashing lights or any words, lettering, photographs, silhouettes,
drawings or pictorial representations of any manner except to the extent permitted
by the provisions of this chapter.
C.
It shall be unlawful for the owner or operator of a sexually
oriented business to allow exterior portions of the establishment to be painted
any color other than a single achromatic color. This provision shall not apply
to a sexually oriented business if the following conditions are met:
(1)
The establishment is a part of a commercial multi-unit
center; and
(2)
The exterior portions of each individual unit in the
commercial multi-unit center, including the exterior portions of the business,
are painted the same color as one another or are painted in such a way as
to be a component of the overall architectural style or pattern of the commercial
multi-unit center.
D.
Nothing in this chapter shall be construed to require
the painting of an otherwise unpainted exterior portion of a sexually oriented
business.
A.
Notwithstanding any other City ordinance, code or regulation
to the contrary, it shall be unlawful for the owner or operator of any sexually
oriented business or any other person to erect, construct or maintain any
sign for the sexually oriented business other than the one primary sign and
one secondary sign as provided herein.
B.
Primary signs shall have no more than two display surfaces.
Each such display surface shall:
(1)
Not contain any flashing lights;
(2)
Be a flat plane, rectangular in shape;
(3)
Not exceed in area its fractional portion of the permissible total signage as defined in Article XVII of the City of Lockport Zoning Ordinance[1] when taken in conjunction with the signage contained in the primary
sign as a whole (i.e., each side of said sign's surface area), together
with the area of any secondary sign as defined below; and
(4)
Not exceed four feet in height or six feet in length.
C.
Primary signs shall contain no photographs, silhouettes,
drawings or pictorial representations in any manner and may contain only the
name of the enterprise.
D.
Each letter forming a word on a primary sign shall be
of solid color, block design and each such letter shall be the same print
type, size and color. The background behind such lettering on the display
surface of a primary sign shall be of a uniform and solid color.
E.
Secondary signs shall have only one display surface.
Such display surface shall:
(1)
Be a flat plane, rectangular in shape;
(2)
Not exceed in area the permissible total signage as defined in Article XVII of the City of Lockport Zoning Ordinance when taken in conjunction with the signage contained in any primary sign as defined hereinabove;
(3)
Not exceed four feet in height and four feet in width;
and
(4)
Be affixed or attached to any wall or door of the enterprise.
A.
It shall be unlawful to allow a person who is younger
than 18 years of age to enter or be on the premises of a sexually oriented
business at any time that the sexually oriented business is open for business.
B.
It shall be the duty of the operator of each sexually
oriented business to ensure that an attendant is stationed at each public
entrance to the sexually oriented business at all times during such sexually
oriented businesses' regular business hours. It shall be the duty of
the attendant to prohibit any person under the age of 18 years from entering
the sexually oriented business. It shall be presumed that an attendant knew
a person was under the age of 18 unless such attendant asked for and was furnished:
It shall be unlawful for any establishment, regardless of whether it
is a public or private facility, to operate as a massage salon, massage parlor
or any similar type business without a valid state permit or license. Furthermore,
it shall be unlawful for any such business, licensed or otherwise, to permit
physical contact with the recipient of such services by a person of the opposite
sex, where said recipient and/or the proprietor/masseuse is in a state of
nudity or seminude state (as defined hereinabove) while receiving such services.
It is a defense to prosecution under this chapter that a person appearing
in a state of nudity did so in a modeling class operated:
A.
By a proprietary school, licensed by the State of New
York, or a college, junior college or university supported entirely or partly
by taxation;
B.
By a private college or university that maintains and
operates educational programs in which credits are transferable to a college,
junior college or university supported entirely or partly by taxation.
A.
Any notice required or permitted to be given by the director
or any other City office, division, department or other agency under this
chapter to any applicant, operator or owner of an establishment may be given
either by personal delivery or by certified United States mail, postage prepaid,
return receipt requested, addressed to the most recent address as specified
in the application for the permit or transfer application that has been received
by the director or any notice of address change that has been received by
the director. Notices mailed as above shall be deemed given upon their deposit
in the United States mail. In the event that any notice given by mail is returned
by the postal service, the director or his designee shall cause it to be posted
at the principal entrance to the establishment.
B.
Any notice required or permitted to be given to the director
by any person under this chapter shall not be deemed given until and unless
it is received in the office of the director.
C.
It shall be the duty of each owner who is designated
on the permit application and each operator to furnish notice to the director
in writing of any change of residence or mailing address.
A person who operates or causes to be operated a sexually oriented business
without a valid permit and/or license or otherwise violates this chapter is
subject to a suit for injunction as well as prosecution for criminal violations.
