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:
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.
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.
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.
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.
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.
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.
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.
