[Ord. No. 2756 §1, 2-19-2002; Ord.
No. 3629, 2-21-2023]
This Chapter shall be known as the "Adult Business Code" and
may be cited as such and will be referred to in this Chapter as the
"code".
[Ord. No. 2756 §1, 2-19-2002; Ord.
No. 3629, 2-21-2023]
It is the purpose of this code to regulate sexually oriented
businesses in order to promote the health, safety, morals and general
welfare of the citizens of the City and to establish reasonable and
uniform regulations to prevent the deleterious location and concentration
of sexually oriented businesses within the City. The provisions of
this code 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 code 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 material.
[Ord. No. 2756 §1, 2-19-2002; Ord.
No. 3629, 2-21-2023]
A.
The
establishment of any adult business is subject to these regulations
and shall include any of the following activities:
1.
The opening of such a business as a new business.
2.
The relocation of an adult business establishment.
3.
The conversion of an existing business to an adult business establishment.
4.
An increase of the square footage of an existing adult business establishment.
5.
The conversion of an existing adult business establishment to a different
type of adult business establishment.
B.
An
adult business establishment lawfully operating as a conforming business
is not rendered non -conforming by the location, subsequent to the
granting or renewal of the adult business license, of a school, park,
religious institution, group home, nursing facility, hospital, library
or property zoned or used for residential purposes located within
the City limits and within one thousand (1,000) feet of the adult
business establishment. This provision applies only to the renewal
of a valid adult business establishment license and does not apply
when an application for a new business license is submitted after
a previous license has lapsed or has been revoked.
[Ord. No. 2756 §1, 2-19-2002; Ord.
No. 3629, 2-21-2023]
In any case where a provision of this code is found to be in
conflict with a provision of any other ordinance or other legislation
of the City existing on the effective date of this code, the provision
which establishes the higher standard for the promotion and protection
of the safety, welfare and health of the people shall prevail. If
any part of this code should be declared invalid for any reason, such
decisions shall not affect the remaining portions of this code.
[Ord. No. 2756 §1, 2-19-2002; Ord.
No. 3629, 2-21-2023]
The provisions of this code shall be liberally construed to
effectively carry out its purposes, which are hereby found and declared
to be in furtherance of the public health, safety, welfare and convenience.
[Ord. No. 2756 §1, 2-19-2002; Ord.
No. 3629, 2-21-2023]
A.
Age
Restriction. Only adults, as defined in this code, shall be permitted
on the premises of any adult business establishment. If alcoholic
or cereal malt beverages are sold or served on the premises, only
persons twenty-one (21) years of age or older may be permitted on
the premises.
B.
Hours
Of Operation. It shall be unlawful for any adult business establishment
to be conducted, operated, or otherwise open to the public, customers
or members between the hours of 12:00 Midnight and 10:00 A.M. Monday
through Saturday. No adult business establishment shall be open on
any Sunday.
C.
Exterior
Display. The premises of all adult business establishments shall be
so constructed as to ensure that the interior of the premises is not
observable from the exterior of the building. In addition, all windows
will be covered to prevent viewing of the interior of the building
from the outside and all exterior doorways must be constructed with
an anteroom or foyer so as to prevent observation of the interior
of the premises from the exterior of the building.
D.
Nudity
Prohibited. No manager, employee, entertainer or customer in an adult
business establishment shall be unclothed, nude or in such less-than-opaque
and complete attire, costume or clothing, so as to expose to view
any "specified anatomical area."
E.
Protective
Barrier Required. Any adult business establishment engaging in the
display or performance of live models, dancers, entertainers or other
performers shall erect a platform at least two (2) feet above the
primary level of the customer floor level on which the employee or
entertainer must be contained, shall not permit customers within ten
(10) feet of the employee or entertainer and shall, in addition, erect
a protective barrier from floor to ceiling of sufficient strength
to prevent customers from entering the area of the employee or entertainer
or touching the employee or entertainer in any manner. Further, it
shall be unlawful for any customer to be upon any portion of the stage
during a performance or for an owner, operator or manager to permit
a customer to be upon any portion of the stage during the performance.
F.
Erotic
Touching Prohibited. No employee, dancer, entertainer or customer
of an adult business establishment shall be permitted to manually
or through other bodily contact stimulate the genitals, pubic region,
breasts or buttocks of themselves or any other person.
G.
Display
Or Performance. No adult business establishment shall permit any employee,
entertainer, model, dancer, other performer or customer to participate
in any entertainment, live display or performance which depicts, describes
or simulates "specified sexual activities" or contains any acts or
simulated acts of sexual intercourse, masturbation, sodomy, bestiality,
oral copulation, flagellation or any sexual acts which are prohibited
by law.
H.
Devices.
No employee, model, dancer, entertainer, other performer or customer
shall wear or use any device or covering exposed to view which simulates
any "specified anatomical area," nor shall any employee, model, danger,
entertainer, other performer or customer use artificial devices or
inanimate objects to depict any of the prohibited activities described
in this code.
I.
Entertainer
Payment Or Gratuity. No model, dancer, entertainer or other performer,
while on the premises of an adult business establishment, shall solicit,
demand or receive any payment or gratuity from any customer directly,
rather all gratuities shall be placed in a permanently affixed receptacle
provided for gratuities. No gratuity may be offered or accepted while
a performance is being conducted.
J.
Lighting.
All adult business establishments shall be equipped with overhead
lighting of sufficient intensity to illuminate every place to which
customers are permitted access at an illumination of not less than
two (2) foot-candle as measured at the floor level, and such illumination
must be maintained at all times that any customer is present in or
on the premises.
K.
Vending
Machines Prohibited. No coin- or token-operated vending machine which
sells adult media may be located in a place open to the public, except
that said machines are permitted in public places from which minors
are excluded.
L.
Closed
Booths Or Rooms Prohibited. The premises of all adult business establishments
shall be physically arranged in such a manner that the entire interior
portion of any booths, cubicles, rooms or stalls is visible from a
public common area of the premises.
1.
Visibility shall not be blocked or obscured by doors, curtains, drapes,
or any other obstruction whatsoever.
2.
The entire body of any viewing person must also be visible from the
public common area without the assistance of mirrors or other viewing
aids.
3.
No booth shall be occupied by more than one (1) customer at a time.
4.
No holes shall be permitted between booths or individual viewing
areas.
M.
Identification
Cards. Any adult business employee issued a permit by the City Clerk
under the provisions contained herein shall, at all times when working
in an adult business establishment, have in such employee's possession
a valid identification card issued by the City bearing the permit
number, the employee's physical description and a photograph of such
employee. Such identification card shall be laminated to prevent alteration.
N.
Ventilation
And Sanitation Requirements. The premises of all adult business establishments
shall be kept in a sanitary condition. Separate dressing rooms and
restrooms for men and women shall at all times be maintained and kept
in a sanitary condition.
O.
Manager
On Premises.
1.
A permitted manager shall be on duty at all adult business establishments
at all times the premises are open for business. The name of the manager
on duty shall be prominently posted during business hours.
2.
It shall be the responsibility of the manager to verify that every
employee within any adult business establishment possesses a current
and valid permit and have in their possession a current and valid
identification card at all times while working.
P.
General
Prohibitions. No owner, operator, manager, or other person in charge
of the premises of an adult business establishment shall:
1.
Knowingly permit alcoholic liquor or cereal malt beverages to be
brought upon the premises unless authorized to do so by a properly
issued and current liquor license as required by City ordinances;
2.
Knowingly allow or permit the sale, distribution, delivery or consumption
of any controlled substance or illegal drug or narcotic on the premises;
3.
Knowingly allow or permit any person under the age of eighteen (18)
to be in or upon the premises of an adult business establishment or
any person under the age of twenty-one (21) if alcohol or cereal malt
beverages are sold;
4.
Knowingly allow or permit any act of prostitution or patronizing
prostitution on the premises, as prohibited by State law or City ordinance;
5.
Knowingly allow or permit a violation of this code or applicable
City ordinance; or
6.
Knowingly allow any entertainer, employee, manager or operator to
perform any work, service or entertainment directly related to the
operation of an unlicensed adult business.
Q.
Facilities
Necessary. No adult business license to conduct a bathhouse or body
painting studio shall be issued unless an inspection by the Director
of Community Development or his/her authorized representative reveals
that the premises on which the applicant intends to conduct such business
complies with each of the following minimum requirements:
1.
The walls shall be clean and painted with washable, mold-resistant
paint in all rooms where water or steam baths are given or showers
taken. Floors shall be free of any accumulation of dust, dirt or refuse.
All equipment used in the business' operation shall be maintained
in a clean and sanitary condition. Towels, linens and items for personal
use of operators and patrons shall be clean and freshly laundered
for each patron. Heavy, white paper may be substituted for sheets
provided that such paper is changed for every patron. No activity
related to an adult business shall be carried on within any cubicle,
room, booth, or any area within any permitted establishment, which
is fitted with a door capable of being locked.
2.
Toilet facilities shall be provided in convenient locations. A single
water closet per sex shall be provided for each twenty (20) or more
employees or patrons of that sex on the premises at any one (1) time.
Urinals may be substituted for water closets after one (1) water closet
has been provided. Toilet facilities shall be designated as to the
gender accommodated therein.
3.
Lavatories or wash basins provided with both hot and cold running
water shall be installed in either the toilet room or a vestibule.
Lavatories or wash basins shall be provided with soap in a dispenser
and with sanitary towels.
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The Director of Community Development shall certify that the
proposed business establishment complies with all of the requirements
of this Section and shall give or send such certification to the City
Clerk. Provided, however, that nothing contained herein shall be construed
to eliminate other requirements of Statute or ordinance concerning
the maintenance of premises nor to preclude authorized inspection
thereof. The Director of Community Development may recommend the issuance
of a license contingent upon compliance with all requirements of this
Section.
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[1]
Editor's Note: Former Section 650.080, Notification Requirements,
was repealed 2-21-2023 by Ord. No. 3629. Prior history includes: Ord. No. 2756 .
[Ord. No. 2756 §1, 2-19-2002; Ord.
No. 3629, 2-21-2023]
A.
Adult
Business Establishment License Required. No person shall operate an
adult business establishment without having first obtained an annual
adult business license from the City Clerk. A separate license shall
be required for each and every separate place of business conducted
by any one (1) applicant. Such permit shall be valid only from January
first (1st) to December thirty-first (31st). Every person obtaining
an adult business license shall post such license in a conspicuous
place and manner on the adult business establishment premises. The
failure to post an adult business license in the manner required herein
shall be prima facie evidence that the adult business does not have
such a license. In addition, it shall be prima facie evidence that
any entertainer, employee, manager or owner who performs any business,
service or entertainment in an adult business in which an adult business
license is not posted in the manner required herein has knowledge
that such business is not licensed.
1.
License Application. When making application to the City for an adult
business establishment license, the applicant shall provide the following
information which shall be signed by the applicant, verified, notarized
and be accompanied by the license and classification fees:
a.
The name, residence address, home telephone number, date and place
of birth and social security number of the applicant and his/her relationship
to the business.
b.
The business name, address and telephone number of the establishment.
The tax identification number and registered agent if the owner is
required to have a tax identification number or registered agent.
c.
The names, residence addresses, residence telephone numbers, social
security numbers and dates of birth of any stockholder, partner or
member who owns more than ten percent (10%) interest in such adult
business establishment.
d.
The name, address and telephone number of the owner of the property
at which the business will be located.
e.
A description of the adult entertainment or similar business history
of the applicant and of all the partners and of all corporate officers
and directors and any stockholder, partner or member who owns more
than ten percent (10%) interest in such adult business establishment
previously operating in this or another City, County or State, where
it has had a business license revoked or suspended, the reason therefor
and the activity or occupation subjected to such action, suspension
or revocation.
f.
A verified statement from the applicant and any stockholder, partner
or member who owns more than ten percent (10%) interest in such adult
business establishment that each such person has not been convicted
of or diverted from prosecution of a felony or released from confinement
for conviction of any felony, whichever event is later, within five
(5) years immediately preceding the application, or has not been convicted
of or diverted from prosecution of a misdemeanor or public offense,
or released from confinement for conviction of a misdemeanor or public
offense, whichever event is later, within two (2) years immediately
preceding the application, where such felony, misdemeanor or public
offense involved sexual offenses, prostitution, indecent exposure,
sexual abuse of a child or pornography and related offenses, or driving
under the influence of intoxicating liquor or drugs as defined in
Missouri Statutes, City ordinances, or the law of another City or
State which prohibits driving under the influence of alcohol and/
or drugs, or controlled substances or illegal drugs or narcotics offenses
as defined in the Missouri Statutes or City ordinances.
g.
A full set of fingerprints and two (2) photographs, to be taken by
the Harrisonville Police Department, of the applicants and of any
stockholder, partner or member who owns more than ten percent (10%)
interest in such adult business establishment.
h.
If the applicant is a corporation or limited liability company, a
current certificate of registration issued by the Missouri Secretary
of State.
i.
On applications requesting a license or renewal of license to operate
a bathhouse or body painting studio, the applicant shall provide for
each employee a health certificate from a duly licensed Missouri physician
stating that within thirty (30) days prior thereto, the applicant
and all other persons working on the premises have been examined and
found free of any contagious or communicable disease. For each person
who is subsequently employed, a health certificate shall be submitted
to the City Clerk forty-eight (48) hours prior to the time such person
begins employment.
B.
Employee
Permit Required. All persons employed in an adult business establishment,
including managers or operators, must annually obtain an adult business
employee permit. This permit will be valid from January first (1st)
to December thirty-first (31st).
1.
Permit Application. Any person applying for an adult business employee
permit shall provide the following information which shall be signed
by the applicant, be verified, notarized and be accompanied by the
license and classification fees:
a.
The applicant's name, home address, home telephone number, date of
birth, social security number, and any stage names or nicknames used
in entertaining or performing.
b.
The name and address of each business at which the applicant intends
to work as a manager, operator, employee or dancer, model, entertainer
or other performer.
c.
A Missouri State Highway Patrol Request for Criminal Record Check
form shall be filled out by the applicant in its entirety and submitted
to the City with the application material.
d.
A statement from the applicant that he/she has not been convicted
of or diverted from prosecution of a felony or released from confinement
for conviction of any felony, whichever event is later, within five
(5) years immediately preceding the application, or has not been convicted
of or diverted from prosecution of a misdemeanor or public offense,
or released from confinement for conviction of a misdemeanor or public
offense, whichever event is later, within two (2) years immediately
preceding the application, where such felony, misdemeanor or public
offense involved sexual offenses, prostitution, indecent exposure,
sexual abuse of a child or pornography and related offenses, or driving
under the influence of intoxicating liquor or drugs as defined in
Missouri Statutes, City ordinances, or the law of another City or
State which prohibits driving under the influence of alcohol and/or
drugs, or controlled substances or illegal drugs or narcotics offenses
as defined in the Missouri Statutes or City ordinances.
e.
A full set of fingerprints and two (2) photographs taken by the Harrisonville
Police Department.
f.
The applicant shall provide documentation that he/she has attained
the age of eighteen (18) years or twenty-one (21) years of age if
the adult business establishment in which the applicant will be working
sells or serves alcoholic or cereal malt beverages. Any of the following
shall be accepted as documentation of age:
(1)
A motor vehicle operator's license issued by any State bearing
the applicant's photograph and date of birth;
(2)
A State-issued identification card bearing the applicant's photograph
and date of birth;
(3)
An official and valid passport issued by the United States of
America;
(4)
An immigration card issued by the United States of America;
(5)
Any other form of picture identification issued by a governmental
entity that is deemed reliable by the City Clerk; or
(6)
Any other form of identification deemed reliable by the City
Clerk.
g.
A statement signed under oath that the applicant has personal knowledge
that the information in the permit application is true and correct
and that the applicant has read the provisions of this code regulating
adult business establishments.
C.
License,
Classification And Fees.
1.
The application for a license shall be accompanied by payment in
full of the fee stated herein by certified or cashier's check or money
order, and no application shall be considered complete until such
fee is paid.
D.
Application
Processing.
1.
Upon receipt of an application for an adult business establishment
license or adult business employee permit, the City Clerk shall immediately
transmit one (1) copy of the application to the Chief of Police for
investigation of the application. In addition, the City Clerk shall
transmit a copy of the application to the Director of Community Development.
2.
It shall be the duty of the Chief of Police to investigate such application
to determine whether the information contained in the application
is accurate and whether the application meets the requirements herein
for issuance of the license or permit. The Chief of Police shall report
the results of the investigation to the City Clerk not later than
twenty (20) working days from the date the application is received
by the City Clerk. It shall be the duty of the Director of Community
Development to determine whether the structure where the adult business
will be conducted complies with the requirements and meets the standards
of the applicable health, zoning, building code, fire and property
maintenance ordinances of the City. The Director of Community Development
shall report the results of his/her investigation to the City Clerk
not later than twenty (20) working days from the date the application
is received by the City Clerk. Upon receipt of the reports from the
Chief of Police and the Director of Community Development, the City
Clerk shall determine if the license application meets the criteria
for approval and shall issue license if it does and deny the license
if it does not.
E.
Criteria
For Approval. A license or permit shall be issued if the City finds
that:
1.
The business for which a license is required will be conducted in
a building, structure and location which complies with the requirements
and standards of the applicable zoning and building codes of the City
as well as the requirements of this code; and
2.
The applicant has not made any knowingly false, misleading or fraudulent
statement of material fact in the application for a license or permit
or in any report or record which may be required to be filed with
the City Clerk; and
3.
The applicant and all employees, agents, partners, directors, officers
or managers shall have attained the age of eighteen (18) years, or
if the business for which the license is required sells or serves
alcoholic or cereal malt beverages, then the applicant and all employees,
agents, partners, directors, officers or managers have attained the
age of twenty-one (21) years; and
4.
The applicant or any partner or any stockholder, partner or member
who owns more than ten percent (10%) interest in such entity has not
been convicted of or diverted from prosecution of a felony or released
from confinement for conviction of any felony, whichever event is
later, within five (5) years immediately preceding the application,
or has not been convicted of or diverted from prosecution of a misdemeanor
or public offense, or released from confinement for conviction of
a misdemeanor or public offense, whichever event is later, within
two (2) years immediately preceding the application, where such felony,
misdemeanor or public offense involved sexual offenses, prostitution,
indecent exposure, sexual abuse of a child or pornography and related
offenses, or driving under the influence of intoxicating liquor or
drugs as defined in Missouri Statutes, City ordinances, or the law
of another City or State which prohibits driving under the influence
of alcohol and/or drugs, or controlled substances or illegal drugs
or narcotics offenses as defined in the Missouri Statutes or City
ordinances; and
5.
The applicant or any stockholder, partner or member who owns more
than ten percent (10%) interest in such entity has not had a license
or permit issued under the provisions of this code or another State,
County or municipality's regulations governing adult entertainment
or similar businesses revoked within five (5) years immediately preceding
the application.
F.
Disapproval
Of Application. If an application for a license is disapproved, the
applicant shall be immediately notified by registered or certified
mail to the applicant's last known address, and the notification shall
state the basis for such disapproval. Any applicant aggrieved by the
disapproval of a license application may seek judicial review in the
Cass County District Court in a manner provided by law. Such appeal
shall be filed within thirty (30) days of the final decision of the
City Clerk. The action taken by the City Clerk to issue or to deny
issuance of a license shall be final and subject to judicial review.
G.
Suspension
And Revocation Of License. Whenever the City has information that:
1.
The owner or operator of an adult business establishment has violated
or knowingly allowed or permitted the violation of any of the provisions
of this code; or
2.
There have been recurrent violations of provisions of this code that
have occurred under such circumstances that the owner or operator
of an adult business establishment knew or should have known that
such violations were committed; or
3.
The adult business establishment license was obtained through knowingly
false statements in the application for such license or renewal thereof;
or
4.
The adult business establishment knowingly failed to make a complete
disclosure of all information in the application for such license
or renewal thereof; or
5.
The owner or operator or any stockholder, partner or member who owns more than ten percent (10%) interest in such entity has become disqualified from having a license by a conviction or diversion described in Subsection (E) of this Section, Criteria for Approval; or
6.
Any cost or fee required to be paid by this code is not paid; or
7.
An operator employs anyone who does not have a permit or provides
space on the premises, whether by lease or otherwise, to an independent
contractor who performs as an entertainer without a permit,
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then the City may, upon five (5) days of posting notice on the
adult business establishment's principal entrance, suspend the business
license for a period not to exceed sixty (60) days. Within ten (10)
days of the date of the notice, the City Administrator shall hold
a hearing to ascertain all facts in the matter. Notice of such hearing
shall be in writing and shall set forth the reason for the hearing
and shall be served upon the licensee or by registered or certified
mail to the licensee's last known business address. In the event that
the City is not able to serve notice upon the licensee, and any notice
sent by mail is returned by the postal service, the City shall cause
such notice to be posted at the principal entrance of the adult business
establishment, and such posting shall be a valid means of service.
If the City Administrator finds and concludes from the evidence that
the licensee has violated any of the above provisions, he/she may
suspend, revoke or, in the case of a renewal application, refuse to
renew such license. Following the entry of an order by the City Administrator
suspending or revoking a license issued pursuant to this code, such
licensee or applicant may seek judicial review in a manner provided
by law. The City Clerk shall stay enforcement of such order for a
period of time not to exceed thirty (30) days pending the filing and/or
final disposition of proceedings for judicial review.
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H.
Suspension
And Revocation Of Permit. Whenever the City has information that:
1.
The permittee has violated or knowingly allowed or permitted the
violation of any of the provisions of this code; or
2.
There have been recurrent violations of provisions of this code that
have occurred under such circumstances that the permittee knew or
should have known that such violations were committed; or
3.
The adult business employee permit was obtained through knowingly
false statements in the application for such permit or renewal thereof;
or
4.
The permittee knowingly failed to make a complete disclosure of all
information in the application for such permit or renewal thereof;
or
5.
The permittee has become disqualified from having a permit by a conviction or diversion described in Subsection (E) of this Section, Criteria for Approval; or
6.
The adult business establishment license for the business in which
the permittee is working has been suspended or revoked,
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then the City may, five (5) days after sending notice to the
permittee by placing such notice in the U.S. mail to the home address
provided on the permittee's application, suspend the permit for a
period not to exceed sixty (60) days. Within ten (10) days of the
date of the notice, the City Administrator shall hold a hearing to
ascertain all facts in the matter. Notice of such hearing shall be
in writing and shall set forth the reason for the hearing and shall
be served upon the permittee in person or by registered or certified
mail to the address provided on the permittee's application.
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In the event that the City is not able to serve notice upon
the permittee in person, and any notice sent by mail is returned by
the postal service, service shall still be considered valid. An appeal
taken from an order of suspension shall not suspend the order of suspension
during the pendency of any such appeal. If the City finds and concludes
from the evidence that the permittee has violated any of the above
provisions, it may suspend, revoke or, in the case of a renewal application,
refuse to renew such permit. Following the entry of an order by the
City Administrator suspending or revoking a permit issued pursuant
to this code, such permittee or applicant may seek judicial review
in a manner provided by law. The City Administrator shall stay enforcement
of such order for a period of time not to exceed thirty (30) days
pending the filing and/ or final disposition of proceedings for judicial
review.
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I.
Change
Of Address. Any adult business establishment changing its address
must reapply for an adult business establishment license and pay the
appropriate license and classification fee. The application must be
provided to the City Clerk's office prior to opening at the new location.
[Ord. No. 2756 §1, 2-19-2002; Ord.
No. 3629, 2-21-2023]
A.
Business
licenses and employee permits are not transferable, and such authority
as a license or permit confers shall be conferred only on the individual
or business named therein.
B.
Any
applications made, fees paid and licenses or permits obtained under
any of the provisions of this code shall be in addition to and not
in lieu of any other fees, permits or licenses required to be paid
or obtained under any other ordinance of this City.
C.
All
adult business licenses shall be issued only for the one (1) adult
business use listed on the application. Any change in the type of
adult use shall invalidate the adult business license and require
the licensee to obtain a new license for the change in use. A separate
license is required for each adult use.
[Ord. No. 2756 §1, 2-19-2002; Ord.
No. 3629, 2-21-2023]
A.
A license
or permit may be renewed by making application to the City Clerk on
application forms provided for that purpose. Licenses and permits
shall expire on December thirty-first (31st) of each calendar year,
and renewal applications for such licenses and permits shall be submitted
between December first (1st) and December thirty-first (31st).
B.
Upon
timely application and review as provided for a new license or permit,
a license or permit issued under the provisions of this code shall
be renewed by issuance of a new license or permit in the manner provided
herein.
C.
If
the application for renewal of license or permit is not made during
the time provided herein, the expiration of such license or permit
shall not be affected, and a new application shall be required.
D.
Following
the entry of an order by the City Administrator disapproving the renewal
application for a license or permit, such licensee or applicant may
seek judicial review in a manner provided by law. The City Administrator
shall stay enforcement of such order for a period of time not to exceed
thirty (30) days pending the filing and/or final disposition of proceedings
for judicial review.
[Ord. No. 2756 §1, 2-19-2002; Ord.
No. 3629, 2-21-2023]
A.
In
addition to the other requirements set out in this code, the operator
of an adult business establishment shall also have the following responsibilities:
1.
Every act or omission by an employee constituting a violation of
the provisions of this code shall be deemed an act or omission of
the operator if such act or omission occurs either with the authorization,
knowledge or approval of the operator or as a result of the operator's
failure to supervise the employee's conduct, and the operator shall
be punishable for such act or omission in the same manner as if the
operator committed the act or caused the omission.
2.
The operator shall be responsible for the conduct of all employees
while on the licensed premises, and any act or omission of any employee
constituting a violation of the provisions of this code shall be deemed
the act or omission of the operator for the purposes of determining
whether the license for the adult business establishment shall be
suspended, revoked or renewed.
3.
The operator shall maintain a register of all employees, showing
the name, and aliases used by the employee, home address, age, birth
date, sex, weight, height, color of hair and eyes, phone numbers,
Social Security number, date of employment and termination, and duties
of each employee.
|
The above information on each employee shall be maintained in
the register on the premises for a period of one (1) year following
termination. The operator shall make the register of employees available
immediately upon demand of any Law Enforcement Officer at all reasonable
times.
|
[1]
Editor's Note: Former Section 650.130, Inspections, was repealed
2-21-2023 by Ord. No. 3629. Prior history includes: Ord. No. 2756 .
[Ord. No. 2756 §1, 2-19-2002; Ord.
No. 3629, 2-21-2023]
The City Administrator shall have the power to promulgate regulations
as may be necessary and feasible for the carrying out of the duties
of this code and which are not inconsistent with the provisions of
this code.
[1]
Editor's Note: Former Section 650.150, Location and Distance
Requirements, was repealed 2-21-2023 by Ord. No. 3629. Prior history
includes: Ord. No. 2756 .
[Ord. No. 2756 §1, 2-19-2002; Ord.
No. 3629, 2-21-2023]
A.
Any
person who violates the provisions of this code shall be guilty of
a municipal offense and, upon conviction, shall be punished by a fine
as established in the City's Comprehensive Schedule of Fees[1] or by imprisonment for not more than ninety (90) days
or shall be both so fined and imprisoned. In addition, any violation
of this Code shall be grounds for the City Clerk to revoke any or
all licenses or permits issued by the City.
[Ord. No. 3650, 5-1-2023]
[1]
Editor's Note: The Comprehensive Schedule of Fees is on file
in the City offices.
B.
Each
violation of this code shall be considered a separate offense, and
any violation continuing more than one (1) day shall be considered
a separate offense for each day of violation.
C.
The
conduct of any business within the City in violation of any of the
terms of this code is hereby found and declared to be a public nuisance
and the City Attorney may, in addition to or in lieu of prosecuting
a criminal action hereunder, commence an action or proceeding for
the abatement, removal and enjoyment thereof, in the manner provided
by law, and shall take other steps and shall apply to such courts
as may have jurisdiction to grant such relief as will abate or remove
such adult business establishment and restrain and enjoin any person
from conducting, operating or maintaining an adult business establishment
contrary to the provisions of this code.
