Ultimate responsibility for the administration of this chapter is vested in the Board. The Building Inspector is responsible for:
A. 
Granting, denying, revoking, renewing, suspending and cancelling sexually oriented business licenses for proposed or existing sexually oriented businesses.
B. 
Verifying information contained on an application pursuant to § 55-12(b)(1) through (5) of this chapter, for inspecting any proposed, licensed or nonlicensed sexually oriented business in order to ascertain whether it is in compliance with applicable criminal statutes and ordinances, including those set forth at Article II of this chapter, and for enforcing applicable criminal statutes and ordinances, including those set forth at Article VI of this chapter.
C. 
Inspecting any proposed sexually oriented business for which a license is being applied for or any licensed sexually oriented business in order to ascertain whether it complies with or is complying with Article V of this chapter and all applicable building codes, statutes, ordinances and regulations in effect in the Village of Lake George.
D. 
Inspecting any proposed sexually oriented business for which a license is being applied for or any licensed sexually oriented business in order to ascertain whether it complies with or is complying with Article V of this chapter and all applicable fire codes, statutes, ordinances and regulations in effect in the Village of Lake George.
E. 
Inspecting any proposed sexually oriented business for which a license is being applied for or any licensed sexually oriented business in order to ascertain whether it complies with or is complying with Article V of this chapter and all applicable health codes, statutes, ordinances and regulations in effect in the Village of Lake George.
F. 
Ascertaining whether a proposed sexually oriented business for which a license is being applied for complies with all locational requirements of this chapter, applicable portions of Articles IV and V of this chapter, all applicable zoning regulations in effect in the Village of Lake George and whether a licensed sexually oriented business is complying with Article V of this chapter and all applicable zoning regulations and land use laws in effect in the Village of Lake George.
A. 
Requirement. No sexually oriented business shall be permitted to operate without having been first granted an adult entertainment license by the Building Inspector under this chapter. A person commits a violation of this chapter if he operates a sexually oriented business without a valid sexually oriented business license, issued by the Building Inspector for the particular classification of sexually oriented business.
B. 
Classifications. Sexually oriented business licenses referred to in this chapter shall be classified as follows:
(1) 
Adult arcades.
(2) 
Adult bookstores or adult video stores.
(3) 
Adult cabarets.
(4) 
Adult dancing establishments.
(5) 
Adult motels.
(6) 
Adult motion-picture theaters.
(7) 
Adult theaters.
(8) 
Escort agencies.
(9) 
Nude model studios.
(10) 
Sexual encounter centers.
C. 
Single classification of license. A sexually oriented business license for a particular sexually oriented business shall be limited to one classification of license.
A. 
Required. Any person desiring to operate a sexually oriented business shall file with the Building Inspector a sworn license application on a standard application form supplied by the Building Inspector.
B. 
Contents of application. The completed application shall contain the following information and shall be accompanied by the following documents:
(1) 
If the applicant is:
(a) 
An individual, the individual shall state his legal name and any aliases and submit satisfactory proof that he is at least 18 years of age; or
(b) 
A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and, if in existence, a copy of the partnership agreement; or
(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, and the name of the registered corporate agent and the address of the registered office for service of process;
(d) 
A limited liability company or partnership, the date of filing with the Secretary of State and the names and addresses of the principals and managers.
(2) 
If the applicant intends to conduct the sexually oriented business under a name other than that of the applicant, the sexually oriented business's fictitious name and the proof of filing with the Secretary of State and/or the Warren 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 under this chapter or an analogous ordinance of another jurisdiction suspended or revoked, including the name and location of the sexually oriented business 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 stockholder of a corporation whose license under this chapter or an analogous ordinance of any other jurisdiction has previously been suspended or revoked, including the name and location of the sexually oriented business 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) holds any other licenses under this chapter and, if so, the names and locations of such other licensed sexually oriented businesses.
(6) 
The single classification of license for which the applicant is filing.
(7) 
The location of the proposed sexually oriented business, including a legal description of the property site, and a legal street address.
(8) 
The names of the employees for the proposed sexually oriented business, 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 drawn to appropriate scale of the proposed sexually oriented business, including but not limited to:
(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, 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.
(11) 
A recent photograph of the applicant.
(12) 
Either the applicant's driver's license number or his state or federally issued identification card number.
C. 
Application fee. Each application shall be accompanied by a nonrefundable fee of $250. If the application for a license is approved and a license is granted, the fee shall be applied as a credit towards the annual license fee required for the first year pursuant to § 55-16 of this chapter.
D. 
Incomplete application. In the event that the Building Inspector determines or learns at any time that the applicant has not properly completed the application for a proposed sexually oriented business, he shall promptly notify the applicant of such fact and shall allow the applicant 10 days to properly complete the application. (The time period for granting or denying a license under § 55-14 shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.)
E. 
Consent. By applying for a license under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise by the Building Inspector and the departments of their respective responsibilities under this chapter.
A. 
Investigation. Upon receipt of an application properly filed with the Building Inspector and upon payment of the nonrefundable application fee, the Building Inspector shall immediately stamp the application as received. The Building Inspector shall promptly conduct an investigation of the applicant, application and the proposed sexually oriented business in accordance with its responsibilities summarized at § 55-10 of this chapter. At the conclusion of its investigation, the Building Inspector shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it and, in the event it disapproves, it shall so state its reasons.
B. 
Action. The Building Inspector shall disapprove of an application if it finds that the proposed sexually oriented business will be in violation of any provision of Article V of this chapter or of any building, fire, health or zoning statute, code, ordinance or regulation.
A. 
Time period for granting or denying license. The Building Inspector shall grant or deny an application for a license within 30 days from the date a complete application is filed. Upon the expiration of the thirtieth day, the applicant may begin operating the sexually oriented business for which a license is sought, unless and until the Building Inspector notifies the applicant of a denial of the application and states the reason(s) for that denial.
B. 
Granting of application for license. If the Building Inspector approves, the Building Inspector shall grant the application, notify the applicant and issue the appropriate annual license upon payment of the fee provided in §§ 55-14 and 55-16, with credit as provided in § 55-12(c).
C. 
Denying of application for license.
(1) 
The Building Inspector shall deny the application for any of the following reasons:
(a) 
An applicant is under 18 years of age.
(b) 
An applicant or an applicant's spouse is overdue in his payment to the Village of taxes, fees, fines or penalties assessed against him or imposed upon him in relation to a sexually oriented business.
(c) 
An applicant has failed to provide information reasonably necessary for issuance of the license.
(d) 
The application contains materially false information.
(e) 
An applicant or a person residing with the applicant has been denied a license by the Village to operate a sexually oriented business within the preceding 12 months, or is residing with a person whose license to operate a sexually oriented business has been revoked within the preceding 12 months.
(f) 
The premises to be used for the sexually oriented business have not been approved by the health department, fire department and the building official as being in compliance with applicable laws and ordinances.
(g) 
The sexually oriented business license fee required by this chapter has not been paid.
(h) 
An applicant of the proposed sexually oriented business is in violation of or is not in compliance with any of the provisions of this chapter.
(i) 
An applicant is overdue on child support payments.
(2) 
If the Building Inspector denies the application, he shall notify the applicant of the denial and state the reason(s) for the denial.
(3) 
If a person applies for a license at a particular location within a period of nine months from the date of denial of a previous application for a license at the same location and there has not been an intervening change in the circumstances which will probably lead to a different decision, considering the former reason(s) for denial, the application shall be rejected.
A. 
Contents. A sexually oriented business license shall state on its face the name of the licensee, the name of the sexually oriented business, the street address of the sexually oriented business, the classification of the sexually oriented business license, the date of issuance and the date of expiration. The sexually oriented business 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.
B. 
Exemption. Each sexually oriented business license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 55-12. 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 license will expire.
C. 
Denial of renewal. When the Building Inspector denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the Building Inspector finds that the basis for denial of the license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final.
A. 
Levy of license fees. The annual fee for a sexually oriented business license is $500.
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 sexually oriented businesses under this chapter and the administration thereof. These regulatory fees are in addition to and not in lieu of any other fees imposed by law.
A. 
Records and reports.
(1) 
Each licensee shall keep such records and make such reports as may be required by the Building Inspector and the departments to implement this chapter and to carry out its purpose.
(2) 
Whenever the information required by or provided under § 55-12B has changed, the licensee shall promptly provide the Building Inspector with the changed information.
B. 
Consent. By holding 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 Building Inspector and the departments of their respective responsibilities under this chapter.
C. 
Inspections. An applicant or licensee shall permit representatives of the Sheriff's Department, Health Department, Fire Department, Building Department, Zoning Department, Code Enforcement or other Village departments or agencies to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with laws, ordinances and regulations at any time it is occupied or open for business. A person who operates a sexually oriented business or his agent or employee commits a violation of this chapter if he refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.
A. 
No transfer to another person. A licensee shall not transfer his sexually oriented business license to another person. A licensee shall not surrender possession, control and operation of the licensed sexually oriented business to any other person, unless and until such other person has obtained a sexually oriented business license from the Building Inspector to operate a sexually oriented business at that location effective upon surrender of the transferror licensee's sexually oriented business license for that location.
B. 
No transfer to different location. A licensee shall not transfer his sexually oriented business license to another location.
C. 
Attempted improper transfer void. Any attempted transfer of a sexually oriented business license either directly or indirectly in violation of this section is hereby declared void.
No licensee may change the name of a sexually oriented business unless and until he satisfies each of the following requirements:
A. 
Gives the Building Inspector 30 days' notice in writing of the proposed name change;
B. 
Pays the Building Inspector a change of name fee of $25; and
C. 
Complies with state law as to change of name.
A. 
Violation of a building, fire, health or zoning statute, code, ordinance or regulation. In the event that a department learns or finds upon sufficient cause that a licensed sexually oriented business is operating in violation of a building, fire, health or zoning statutes, code, ordinance or regulation, whether federal, state or local, contrary to the respective general requirements of § 55-26A, B, C or D, the department shall promptly notify the licensee of the violation and shall allow the licensee a seven-day period in which to correct the violation. If the licensee fails to correct the violation before the expiration of the seven-day period, the department shall notify the Building Inspector, who shall forthwith suspend the license and shall notify the licensee of the suspension. The suspension shall remain in effect until the department notifies the Building Inspector in writing that the violation of the provision in question has been corrected.
B. 
Illegal transfer. In the event that the Building Inspector learns or finds upon sufficient cause that a licensee engaged in a license transfer contrary to § 55-18, he shall forthwith suspend the license and notify the licensee of the suspension. The suspension shall remain in effect until the Building Inspector is satisfied that the requirements of this chapter have been met.
C. 
Convictions of violations of Article VI of this chapter.
(1) 
In the event that three or more violations of Article VI of this chapter occur at a sexually oriented business within a two-year period, and convictions result from at least three of the violations, the Building Inspector shall, upon the date of the third conviction, suspend the license and notify the licensee of the suspension. The suspension shall remain in effect for a period of 30 days.
(2) 
In the event that three or more violations of Article VI of this chapter occur at a sexually oriented business within a period of two years from the date of the violation from which the conviction resulted for which the license was suspended for 30 days under Subsection C(1), but not including any time during which the license was suspended for 30 days, and a conviction results from one or more of the violations, the Building Inspector 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 Article VI of this chapter occur at a sexually oriented business within a period of two years from the date of the violation from which the conviction resulted for which the license was suspended for 90 days under Subsection C(2), but not including any time during which the license was suspended for 90 days, and a conviction results from one or more of the violations, the Building Inspector 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 Building Inspector mails the notice of suspension to the licensee or on the date the licensee delivers his license to the Building Inspector, whichever happens first.
A. 
False information. In the event that the Building Inspector learns or finds upon sufficient cause that a license was granted based upon false information, misrepresentation of fact or mistake of fact, he shall forthwith revoke the license and notify the licensee of the revocation.
B. 
Convictions for violations of Article VI of this chapter.
(1) 
In the event that one or more violations of Article VI of this chapter occur at a sexually oriented business which has had a license suspended for a period of 180 days pursuant to § 55-20C(3), and the violation(s) occur within a period of two years from the date of the violation from which the conviction resulted for which the license was suspended for 180 days, but not including any time during which the license was suspended for 180 days, the Building Inspector shall forthwith revoke the license and notify the licensee of the revocation.
(2) 
Renewal of a license pursuant to this chapter shall not defeat the terms of Subsection B(1).
C. 
Effect of revocation. If a license is revoked, the licensee shall not be allowed to obtain another sexually oriented business license for a period of 10 years, and no license shall be issued again to any other person for the location upon which the sexually oriented business was situated for a period of 10 years.
D. 
Effective date of revocation. The revocation shall take effect five days after the date the Building Inspector mails the notice of revocation to the licensee or on the date the licensee delivers his license to the Building Inspector, whichever happens first.