City of Mission, KS
Johnson County
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Table of Contents
Table of Contents

Section 640.010 Definitions.

[Ord. No. 883 §1, 5-25-1994; Code 1997; CC 2000 §5-1101]
For the purposes of this Chapter, and unless the context plainly requires otherwise, the following definitions are adopted:
ADULT BUSINESS
Either an adult entertainment business or an adult retail business.
ADULT ENTERTAINMENT
Any live exhibition, performance, display or dance of any type including, but not limited to, talking, singing, reading, listening, posing, body painting, operating for compensation any services of baths of all kinds, serving food or beverages, soliciting for the sale of food, beverages or entertainment, pantomiming, modeling, removal of clothing or any service offered for amusement on a premises where such exhibition, performance, display or dance is intended to arouse or excite the sexual desires of the entertainer, other entertainers or patrons or if the entertainment involves a person who is nude or in such attire, costume or clothing as to expose to view specified anatomical areas (as defined herein), even if transparently covered.
ADULT ENTERTAINMENT BUSINESS
Any premises to which the public, patrons or members are invited/admitted/attend and wherein an entertainer provides adult entertainment to a member of the public, a patron or a member. This definition applies whether or not an entertainer provides such adult entertainment on a regular basis or only as an isolated incident to the member of the public, a patron or a member.
ADULT RETAIL BUSINESS
Any business enterprise that has as its primary business purpose the sale or rental of merchandise that is designed for use in connection with specified sexual activities or that emphasize matters depicting, describing or relating to specified sexual activities or specified anatomical areas including, but not limited to, any and all of the following as defined herein:
1. 
Adult retail establishment: An establishment which, as its primary business purpose, offers for sale or rent any one (1) or more of the following: instruments, devices, gifts or paraphernalia which are designed for use in connection with specified sexual activities or clothing that graphically depicts specified anatomical areas or any of the materials sold or rented in an adult bookstore as defined herein.
2. 
Adult bookstore: An establishment which, as its primary business purpose, offers for sale or rent books, magazines, periodicals or other printed matter, photographs, slides, films or videotapes which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
3. 
Adult media outlet: An establishment which, as its primary business purpose, rents, sells or offers for viewing or other use any magazine, books, television transmissions, films, movies, motion pictures, video tapes, video cassettes, slides or other photographic reproductions which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
4. 
Adult newsrack: Any coin- or card-operated device that offers for sale by dispensing printed material which is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
5. 
Adult newsstand: A freestanding structure, vehicle or booth which, as its primary business purpose, offers for sale books, magazines, periodicals or other printed matter which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
EMPLOYEE
Any and all persons, including managers, entertainers and independent contractors, who work in or at or render any services directly related to the operation of an adult entertainment premises.
ENTERTAINER
Any person who provides adult entertainment within an adult entertainment premises as defined in this Section, whether or not a fee is charged or accepted for entertainment.
MANAGER
Any person who manages, directs, administers or is in charge of the affairs or conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment premises or any activity involving retail sales or rentals at an adult retail business.
OPERATOR
Any person operating, conducting or maintaining an adult entertainment business.
PERSON
Any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity or other entity or group of persons however organized.
PUBLIC PLACE
Any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plaza, parks, driveways, parking lots and automobiles whether moving or not.
SERVER
Any person who serves food or drink at an adult entertainment business.
SPECIFIED ANATOMICAL AREAS
1. 
Uncovered or exposed human genitals, pubic region or pubic hair; or buttock; or female breast or breasts below a point immediately above the top of the areola or nipple; or any combination of the foregoing; or
2. 
Human male genitals in a discernible erect state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Sexual conduct, being actual or simulated, acts of human and/or animal masturbation; sexual intercourse; physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area, buttocks or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification.

Section 640.020 License Required For Adult Entertainment Business.

[Ord. No. 883 §2, 5-25-1994; CC 2000 §5-1102]
A. 
It shall be unlawful for any person to operate or maintain an adult entertainment business in the City unless the owner, operator or lessee thereof has obtained an adult entertainment business license from the City or to operate such business after such license has been revoked or suspended by the City.
B. 
It is unlawful for any entertainer, employee or manager to knowingly perform any work, service or entertainment directly related to the operation of an unlicensed adult entertainment business.
C. 
It shall be prima facie evidence that any adult entertainment business that fails to have its license as an adult business posted, in the manner required by this Section, has not obtained such a license. In addition, it shall be prima facie evidence that any entertainer, employee or manager who performs any service or entertainment in an adult entertainment business in which an adult entertainment license is not posted, in the manner required by this Section, had knowledge that such business was not licensed.

Section 640.030 License Required For Managers, Servers and Entertainers.

[Ord. No. 883 §3, 5-25-1994; CC 2000 §5-1103]
It is unlawful for any person to work as an entertainer, server or manager at an adult entertainment business without first obtaining a license to do so from the City or to work as an entertainer, server or manager at an adult entertainment business after such person's license to do so has been revoked or suspended.

Section 640.040 License, Classification and Fees.

[Ord. No. 883 §4, 5-25-1994; CC 2000 §5-1104]
A. 
The license year for all fees required under this Chapter shall be from each January first (1st) through December thirty-first (31st). The application for a license shall be accompanied by payment in full of the fee stated in this Section by certified or cashier's check or money order and no application shall be considered complete until such fee is paid.
B. 
All licenses shall be issued for a specific location and shall be non-refundable and non-transferable.
C. 
The classification of licenses and fees for each shall be as set out in Section 103.050(J) of this Code.

Section 640.050 License Applications.

[Ord. No. 883 §5, 5-25-1994; CC 2000 §5-1105]
A. 
Adult Business License. All persons desiring to secure a license to operate an adult business under the provisions of this Chapter shall make a verified application with the City Clerk. All applications shall be submitted in the name of the person proposing to conduct or operate the adult business. All applications shall be submitted on a form supplied by the City Clerk and shall require the following information:
1. 
The name, residence address, home telephone number, occupation, date and place of birth and social security number of the applicant.
2. 
The name of the adult entertainment business, a description of the adult business to be conducted and, if an adult entertainment business, then entertainment to be performed on the licensed premises and the name of the owner of the premises where the adult business will be located.
3. 
The names, residence address, social security numbers and dates of births of all partners, if the applicant is a partnership and if the applicant is a corporation, the same information for all corporate officers and directors and stockholders who own more than ten percent (10%) or greater interest in the corporation.
4. 
The addresses of the applicant or of all partners or of all corporate officers and directors for the five (5) years immediately prior to the date of application.
5. 
A statement from the applicant or from all partners or from all corporate officers and directors whether any such person or entity, in previously operating in this or another City, County or State, has had a business license of any type revoked or suspended and, if so, the reason for the suspension or revocation and the business activity subjected to the suspension or revocation.
6. 
A statement of the business, occupation or employment of the applicant or of all partners or of all corporate officers and directors for the three (3) years immediately preceding the date of the application.
7. 
A statement from the applicant, each partner or from each corporate officer and director that each such person has not been convicted of, released from confinement for conviction of or diverted from prosecution on:
a. 
A felony criminal act within five (5) years immediately preceding the application; or
b. 
A misdemeanor criminal act within two (2) years immediately preceding the application, where such felony or misdemeanor criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography or related offenses as defined in the Kansas Criminal Code or involved controlled substances or illegal drugs or narcotics offenses as defined in the Kansas Controlled Substances Act or other Statutes or ordinances.
The statement shall also indicate that the applicant, each partner or each corporate officer and director has not been convicted of a municipal ordinance violation or diverted from prosecution on a municipal ordinance violation within two (2) years immediately preceding the application where such municipal ordinance violation involved sexual offenses, indecent exposure, prostitution or sale of controlled substances or illegal drugs or narcotics.
8. 
A full set of fingerprints and a photograph, to be taken by the Police Department, of the applicant or of all partners if the applicant is a partnership or of all corporate officers and directors if the applicant is a corporation. A passport type photograph with head and shoulder (provided and available at the time fingerprints are taken) of each applicant, all partners, corporate officers and directors.
9. 
If the applicant is a corporation, a current certificate of registration issued by the Kansas Secretary of State.
10. 
A statement signed under oath that the applicant has personal knowledge of the information contained in the application is true and correct and that the applicant(s) has read the provisions of this Chapter regulating adult entertainment businesses.
Failure to provide the information and documentation required by this Subsection shall constitute an incomplete application which shall not be processed.
B. 
Adult Business Manager, Server Or Entertainer's License. All persons desiring to secure a license under the provisions of this Chapter to be an adult business manager, server or entertainer shall make a verified application with the City Clerk. All applications shall be submitted in the name of the person proposing to be an adult business manager, server or entertainer. All applications shall be submitted on a form supplied by the City Clerk and shall require the following information:
1. 
The applicant's name, home address, home telephone number, date and place of birth, social security number and any stage names or nicknames used in entertaining.
2. 
The name and address of each adult business where the applicant intends to work as a manger, server or entertainer and an intent to hire statement from an adult business that is licensed or that has applied for a license, under the provisions of this Chapter, indicating the adult business intends to hire the applicant to manage, serve or entertain on the premises.
3. 
A statement from the applicant that the applicant has not been convicted of, released from confinement for conviction of or diverted from prosecution on:
a. 
A felony criminal act within five (5) years immediately preceding the application; or
b. 
A misdemeanor criminal act within two (2) years immediately preceding the application, where such felony or misdemeanor criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography or related offenses as defined in the Kansas Criminal Code or involved controlled substances or illegal drugs or narcotics offenses as defined in the Kansas Controlled Substances Act or other Statutes or ordinances.
The statement shall also indicate that the applicant has not been convicted of a municipal ordinance violation or diverted from prosecution on a municipal ordinance violation within two (2) years immediately preceding the application where such municipal ordinance violation involved sexual offenses, indecent exposure, prostitution or sale of controlled substances or illegal drugs or narcotics.
4. 
A full set of fingerprints and a photograph, to be taken by the Police Department, of the applicant and a head and shoulders passport type photograph provided at the time the fingerprints are taken.
5. 
The applicant shall present to the City Clerk, who shall copy documentation, that the applicant has attained the age of eighteen (18) years at the time the application is submitted. Any of the following shall be accepted as documentation of age:
a. 
A motor vehicle operator's license issued by any State bearing the applicant's photograph and date of birth;
b. 
A State-issued identification card bearing the applicant's photograph and date of birth;
c. 
An official and valid passport issued by the United States of America;
d. 
An immigration card issued by the United States of America; or
e. 
Any other form of picture identification issued by a governmental entity that is deemed reliable by the City Clerk.
Failure to provide the information required by this Subsection shall constitute an incomplete application and shall not be processed.
C. 
Application Processing. Upon receipt of a complete application for an adult business or an adult business manager, server or entertainer license, 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 Public Works and the Fire Inspector. 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 applicant is qualified to be issued the license applied for. The Chief of Police shall report the results of the investigation to the City Clerk not later than ten (10) working days from the date the application is received by the City Clerk. It shall be the duty of the Director of Public Works and the Fire Inspector 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 Public Works and the Fire Inspector shall report the results of their investigation to the City Clerk not later than ten (10) working days from the date the application is received by the City Clerk. Upon receipt of the reports from the Chief of Police, the Director of Public Works and the Fire Inspector, the City Clerk shall schedule the application for consideration by the Governing Body at the earliest meeting consistent with the notification requirements established by law, provided the license application for an adult business and for an adult business manager, server or entertainer license shall be approved or disapproved within forty-five (45) days from the date of filing of a completed application with the Clerk's office. The applicant shall be notified in writing of the date when the Governing Body will consider the application.

Section 640.060 Examination of Application, Issuance of License, Disapproval.

[Ord. No. 883 §6, 5-25-1994; CC 2000 §5-1106]
A. 
If the application for an adult business or an adult business manager, server or entertainer is in proper form and accompanied by the appropriate license fee, the Governing Body shall examine the application. After such examination, the Governing Body shall, if the applicant is qualified, approve a license as provided for by law, provided a license shall not be approved to any person ineligible pursuant to Section 640.070.
B. 
The record of the Governing Body shall show the action taken on the application and if the license is granted by the Governing Body, the City Clerk shall issue the proper license. The license shall state that it is not transferable to other persons and the calendar year for which it is issued. The license shall be posted in a conspicuous place in the business that is licensed or where the licensee is working.
C. 
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. The notification shall state the basis for such disapproval. Any applicant aggrieved by the disapproval of a license application may seek judicial review in a manner provided by law.

Section 640.070 License — Ineligibility and Disqualification.

[Ord. No. 883 §7, 5-25-1994; CC 2000 §5-1107]
A. 
No person is eligible nor shall a license be issued to:
1. 
An adult entertainment business applicant if one (1) or more of the following conditions exist:
a. 
The applicant's premises is located within five hundred (500) feet of any school, church or licensed child care center. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the applicant's enterprise to the nearest point on the property line of such school, church or licensed day care center;
b. 
The applicant's premises is located within five hundred (500) feet of any other adult business for which there is a license issued or a massage establishment for which there is a business permit issued. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the applicant's enterprise to the nearest point on the property line of such other existing and licensed or permitted business;
c. 
The applicant's premises is located within two hundred (200) feet of a residentially zoned district. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the applicant's enterprise to the nearest point of the residentially zoned district;
d. 
The applicant failed to supply all of the information requested on the application;
e. 
The applicant gave materially false, fraudulent or untruthful information on the application;
f. 
The applicant's proposed business premises does not comply with or meet the requirements of the applicable Health, Zoning, Building Code, fire and property maintenance ordinances of the City, provided that upon a showing that the premises meets the requirements and that the applicant is otherwise qualified, the application shall be eligible for reconsideration by the Governing Body;
g. 
The applicant has been convicted, released from incarceration for conviction or diverted on any of the crimes set forth in Section 640.050(A)(7) during the time period set forth in the Section;
h. 
The applicant has had an adult entertainment license revoked or suspended in this or any other City during the past five (5) years.
2. 
An applicant for an adult manager, server or entertainer if one (1) or more of the following conditions exist:
a. 
The employer for whom the applicant intends to work does not have or is ineligible to receive an adult business license for any of the reasons stated in Subsection (1) above;
b. 
The applicant has been convicted, released from incarceration for conviction or diverted on any of the crimes set forth in Section 640.050(B)(3) during the time period set forth in the Section;
c. 
The applicant failed to provide all of the information required on the application;
d. 
The applicant gave materially false, fraudulent or untruthful information on the application;
e. 
The applicant has had an adult manager, server or entertainer license revoked or suspended in this or any other City during the past five (5) years.
3. 
Amortization of non-conforming uses. Establishments in existence as of the day of publication in the official City newspaper of Ordinance No. 883 (effective date 5-25-94) shall be permitted as a non-conforming use for the purpose of Subsection (1) of this Section. As to such establishments which have non-conforming use status, the provisions of Section 640.070(1) and Section 445.180 et seq. shall apply and, in addition, such use shall become unlawful on or after one (1) year from the effective date (5-25-94) of Ordinance No. 883, unless an extension is granted by the City Council in accordance with Section 445.180 et seq.

Section 640.080 Standards of Conduct.

[Ord. No. 883 §8, 5-25-1994; CC 2000 §5-1108]
A. 
The following standards of conduct shall be adhered to by all adult business licensees, their employees and all adult business managers, servers and entertainers and patrons of adult businesses while on or about the premises of the business:
1. 
Age restriction. Only persons eighteen (18) years of age or older shall be permitted on the premises of any adult entertainment business.
2. 
Exterior observation. The premises of all adult entertainment businesses will be so constructed as to include an anteroom, foyer, partition or other physical barrier on all customer entrances that will insure observation 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 doorways not constructed with a anteroom or foyer will be covered so as to prevent observation of the interior of the premises from the exterior of the building.
3. 
Exterior display. No adult entertainment business will be conducted in any manner that permits the observation of live performers engaged in an erotic depiction or dance or any material or persons depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, from any exterior source by display, decoration, sign, show window or other opening.
4. 
Nudity prohibited, exceptions. No employee, server or entertainer in an adult business shall appear nude, unclothed, in less than opaque attire or in any fashion that exposes to view any specified anatomical area.
5. 
Certain acts prohibited.
a. 
No employee, server or entertainer shall perform any specified sexual activities as defined herein, wear or use any device or covering exposed to view which simulates any specified anatomical area, use artificial devices or inanimate objects to perform or depict any of the specified sexual activities as defined herein or participate in any act of prostitution.
b. 
No employee, server, entertainer or patron of an adult business shall knowingly touch, fondle or caress any specified anatomical area of another person or knowingly permit another person to touch, fondle or caress any specified anatomical area of such employee, server, entertainer or patron, whether such specified anatomical areas are clothed, unclothed, covered or exposed.
c. 
No employee, server or entertainer of an adult business shall be visible from the exterior of the adult business while such person is unclothed or in such attire, costume or clothing as to expose to view any specified anatomical area.
d. 
No adult entertainer shall solicit, demand or receive any payment or gratuity from any patron or customer for any act prohibited by this Chapter and no adult entertainer shall receive any payment or gratuity from any customer for any entertainment except as follows:
(1) 
While such entertainer is on the stage, a customer or patron may place such payment or gratuity into a box affixed to the stage; or
(2) 
While such entertainer is not on the stage and is clothed so as to not expose to view any specified anatomical area, a customer or patron may either place such payment or gratuity into the entertainer's hand or under a leg garter worn by such entertainer at least four (4) inches below the bottom of the pubic region.
e. 
No owner, operator, manager or other person in charge of the premises of an adult entertainment premises shall:
(1) 
Knowingly permit alcoholic liquor or cereal malt beverages to be brought upon or consumed on the premises;
(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) years of age to be in or upon the premises;
(4) 
Knowingly allow or permit any act of prostitution or patronizing prostitution on the premises; or
(5) 
Knowingly allow or permit a violation of this Chapter or any other City ordinance provision or State law.
6. 
Signs required. All adult entertainment businesses shall have conspicuously displayed in the common area at the principal entrance to the premises a sign, on which uppercase letters shall be at least two (2) inches high and lowercase letters at least one (1) inch high, which shall read as follows:
THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED AND LICENSED BY THE CITY OF MISSION
ENTERTAINERS ARE:
Not permitted to engage in any type of sexual conduct or prostitution on the premises or to fondle, caress or touch the breasts, pubic region, buttocks or genitals of any employee, patron or other entertainer or to permit any employee, patron or other entertainer to fondle, caress or touch the breasts, pubic region, buttocks or genitals of said entertainer.
Not permitted to be nude, unclothed or in less than opaque attire, costume or clothing so as to expose to view any portion of the breasts below the top of the areola or any portion of the pubic region, buttocks and genitals, unless upon a stage at least two (2) feet above the customer floor and a sufficient distance from the customers to prevent the customers from touching the entertainers
Not permitted to demand or collect any payment or gratuity from any customer for entertainment, except as follows:
While such entertainer is on the stage, by placing such payment or gratuity into a box affixed on the stage, or
While such entertainer is on the stage, by placing such payment or gratuity into the entertainer's hand or under the entertainer's leg garter.
CUSTOMERS ARE:
Not permitted to be upon the stage at any time.
Not permitted to touch, caress or fondle the breasts, pubic region, buttocks or genitals of any employee, server or entertainer or engage in solicitation for prostitution.
7. 
Lighting required. The premises of all adult entertainment businesses 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 one (1) foot-candle as measured at the floor level and such illumination must be maintained at all times that any customer or patron is present in or on the premises.
8. 
Closed booths or rooms prohibited. The premises of all adult entertainment businesses shall be physically arranged in such manner that the entire interior portion of any booths, cubicles, rooms or stalls is visible from a common area of the premises. Visibility shall not be blocked or obscured by doors, curtains, drapes or any other obstruction whatsoever.
9. 
Ventilation and sanitation requirements. The premises of all adult entertainment businesses 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.
10. 
Hours of operation. No adult entertainment business may be open or in use between the hours of 1:00 A.M. and 9:00 A.M. on any day other than a Sunday when the business may not be open between the hours of 1:00 A.M. and 12:00 noon.

Section 640.090 License — Posting or Display.

[Ord. No. 883 §9, 5-25-1994; CC 2000 §5-1109]
A. 
Every person licensed under this Chapter as an adult business shall post such license in a conspicuous place and manner on the adult business premises.
B. 
Every person holding an adult business manager, server or entertainer license shall post his/her license in his/her work area on the adult business facility premises so it shall be readily available for inspection by City authorities responsible for enforcement of this Chapter.

Section 640.100 Manager On Premises.

[Ord. No. 883 §10, 5-25-1994; CC 2000 §5-1110]
A. 
An adult business manager shall be on duty at an adult business at all times the premises is open for business. The name of the manager on duty shall be prominently posted during business hours.
B. 
It shall be the responsibility of the manager to verify that any person who provides adult entertainment or works as a server within the premises possesses a current and valid adult entertainer's license or an adult entertainment server's license and that such licenses are prominently posted.

Section 640.110 Inspectors and Inspections.

[Ord. No. 857 §1, 2-10-1993; CC 2000 §5-1111]
All adult entertainment businesses shall permit representatives of the Police Department or any other City Official acting in their official capacity to inspect the premises as necessary to insure the business is complying with all applicable regulations and laws.

Section 640.120 Suspension, Revocation or Non-Renewal — License.

[Ord. No. 857 §1, 2-10-1993; CC 2000 §5-1112]
A. 
Whenever the City Clerk has information that:
1. 
The owner or operator of an adult entertainment business or a holder of an adult entertainment manager, server or entertainer license has violated or knowingly allowed or permitted the violation of, any of the provisions of this Chapter;
2. 
There have been recurrent violations of provisions of this Chapter that have occurred under such circumstances that the owner or operator of an adult entertainment business knew or should have known that such violations were committed;
3. 
The adult entertainment business license or the adult entertainment manager, server or entertainer license was obtained through false statements in the application for such license or renewal thereof;
4. 
The adult entertainment business licensee or the adult entertainment manager, serve or entertainer licensee failed to make a complete disclosure of all information in the application for such license or renewal thereof;
5. 
The owner or operator or any partner or any corporate officer or director holding an adult entertainment business license has become disqualified from having a license by a conviction as provided in Section 640.050(A)(7);
6. 
The holder of an adult entertainment manager, server or entertainer license has become disqualified from having a license by a conviction as provided in Section 640.050(B)(3), then the City Clerk shall make this information known to the Governing Body, which upon five (5) days' written notice to the person holding the license conduct a public hearing to determine whether the license should be suspended or revoked. The Governing Body may pass a resolution setting forth the procedures for the conduct of such hearings. Based on the evidence produced at the hearing, the Governing Body may take any of the following actions:
a. 
Suspend the license for up to ninety (90) days;
b. 
Revoke the license for the remainder of the license year;
c. 
Place the license holder on administrative probation for a period of up to one (1) year on the condition that no further violations of the Chapter occur during the period of probation. If a violation does occur and after a hearing the violation is determined to have actually occurred, the license will be revoked for the remainder of the license year.

Section 640.130 Renewal.

[Ord. No. 857 §1, 2-10-1993; CC 2000 §5-1113]
A. 
A license may be renewed by making application to the City Clerk on application forms provided for that purpose. Licenses shall expire on December thirty-first (31st) of each calendar year and renewal applications for such licenses shall be submitted between December sixteenth (16th) and December thirty-first (31st).
B. 
Upon timely application and review as provided for a new license, a license issued under the provisions of this Chapter shall be renewed by issuance of a new license in the manner provided in this Chapter.
C. 
If the application for renewal of a license is not made during the time provided in Subsection (A) of this Section, the expiration of such license shall not be affected and a new application shall be required.

Section 640.140 Judicial Review — Stay of Enforcement of Orders.

[Ord. No. 857 §1, 2-10-1993; CC 2000 §5-1114]
Following the entry of an order by the City Clerk suspending or revoking a license issued pursuant to this Chapter or disapproving the renewal application for a license, such licensee or applicant may seek judicial review in a manner provided by law. The City Clerk may stay enforcement of such order for a period of time not to exceed thirty (30) days pending the filing and final disposition of proceedings for judicial review.

Section 640.150 Regulations.

[Ord. No. 857 §1, 2-10-1993; CC 2000 §5-1115]
The City Clerk shall have the power to promulgate regulations as may be necessary and feasible for the carrying out of the duties of his/her office and which are not inconsistent with the provisions of this Chapter.