[Ord. No. 1914 §1(405.615(A)), 5-6-2013]
The intent of this Division is to establish a zoning district
for the purpose of regulating adult-oriented businesses which, because
of their very nature, may have many of the recognized significant
secondary effects on the community which include, but are not limited
to: depreciated property values and increased vacancies in residential
and commercial areas in the vicinity of the adult-oriented businesses;
higher crime rates, noise, debris or vandalism in the vicinity of
adult-oriented businesses; and blighting conditions such as low level
maintenance of commercial premises and parking lots which thereby
have a deleterious effect upon adjacent areas. Special regulation
of these uses is necessary to insure that these adverse effects will
not contribute to the blighting or downgrading of the neighborhoods
in the vicinity of the adult-oriented businesses. It is neither the
intent nor effect of this Division to impose limitations or restrictions
on the content of any communicative material. Similarly, it is neither
the intent nor effect of this Division to restrict or deny access
by adults to sexually-oriented materials or merchandise protected
by the First Amendment, or to deny access by the distributors or exhibitors
of adult-oriented business to their intended market. Nothing in this
Division is intended to authorize, legalize or permit the establishment,
operation or maintenance of any business, building or use which violates
any City ordinance or any Statute of the State of Missouri regarding
public nuisances, unlawful exposure, sexual conduct, lewdness or obscene
or harmful matter or the exhibition or public display thereof.
[Ord. No. 1914 §1(405.615(B)), 5-6-2013]
A.
Adult-oriented businesses (as defined in Section 405.625, Definitions, are declared to be regulated uses according to their location and spatial separation and shall be governed as follows:
1.
Location and spatial regulations.
a.
Adult-oriented businesses, as defined in Section 405.625, Definitions, "adult-oriented business", may be located upon any property zoned "C-2" Commercial District (Section 405.165), "I-1" Light Industrial District (Section 405.170), or upon any property included as part of a "PD-I" Planned Development — Industrial District (Section 405.180) zoned property, but not within one thousand two hundred (1,200) feet of any residentially zoned property;
b.
No adult-oriented business (as described in Subsection (1)(a) above) shall be allowed to locate or expand within one thousand (1,000) feet of any other adult-oriented business or of any business licensed to sell or serve alcoholic beverages as defined by this Code whether or not the business is also an adult-oriented business as defined in this Chapter; and
2.
Measurement of distance.
a.
The distance between any two (2) adult-oriented businesses or between
any adult-oriented business and a business selling or serving alcoholic
beverages shall be measured in a straight line without regard to intervening
structures from the closest exterior structural wall of each business.
b.
The distance between any adult-oriented business and any religious
institution, school or public park or any property zoned for residential
use shall be measured in a straight line without regard to intervening
structures from the closest exterior structural wall of the adult
entertainment establishment to the closest property line of the religious
institution, school or public park or the property zoned for residential
use.
[Ord. No. 1914 §1(405.615(C)), 5-6-2013]
As used in this Division, the following terms shall have these
prescribed meanings:
Any establishment, which as a regular and substantial course
of conduct displays and/or distributes adult merchandise, books, periodicals,
magazines, photographs, drawings, sculptures, motion pictures, videos,
slides, films, or other written, oral or visual representations which
are distinguished or characterized by an emphasis on a matter depicting,
describing or relating to specified sexual activities or specified
anatomical parts. (See definition for "adult-oriented business" for
definition of regular and substantial portion of its business.)
A nightclub, bar, lounge, restaurant, coffee shop, "juice
bar" or similar establishment or concern which features, as a regular
and substantial course of conduct, any type of live entertainment,
films, motion pictures, videos, slides, other photographic reproductions,
or other oral, written or visual representations which are characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical parts.
Any premises where there is furnished, provided or procured
a figure model or models who pose in any manner which is characterized
by its emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical parts where such model(s)
is being observed or viewed by any person for the purpose of being
sketched, painted, drawn, sculptured, photographed, filmed, or videotaped
for a fee, or any other thing of value, as a consideration, compensation
or gratuity for the right or opportunity to so observe the model or
remain on the premises. Adult model studio shall not include any live
art class or any studio or classroom that is operated by any public
agency, or any private educational institution authorized to issue
and confer a diploma or degree.
Any business establishment or concern containing coin- or
slug-operated or manually or electronically controlled still, motion
picture or video machines, projectors, or other image-producing devices
that are maintained to display images to an individual in individual
viewing areas when those images are distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical parts.
Any business establishment or concern which as a regular
and substantial course of conduct operates or performs as an adult
bookstore, adult theater, adult motion picture arcade, adult cabaret,
adult model studio, adult motel/hotel; any business establishment
or concern which as a regular and substantial course of conduct sells
or distributes sexually-oriented merchandise or sexually-oriented
material; or any other business establishment or concern which as
a regular and substantial course of conduct offers to its patrons
products, merchandise, services or entertainment characterized by
an emphasis on matters depicting, describing or relating to specified
sexual activities or specified anatomical parts. For the purposes
of this Section, a business establishment or concern has established
the provision of products, merchandise, services or entertainment
characterized by an emphasis on matters depicting, describing or relating
to specified sexual activities or specified anatomical parts as a
regular and substantial course of conduct when one (1) or more of
the following conditions exist:
The area devoted to sexually-oriented merchandise and/or sexually-oriented
material exceeds more than twenty-five percent (25%) of the total
display or floor space area open to the public;
The business establishment or concern presents any type of live
entertainment that is characterized by an emphasis on specified sexual
activity or specified anatomical parts at least four (4) times in
any month;
The regular and substantial course of conduct of the business
consists of or involves the sale, trade, display or presentation of
services, products, or entertainment characterized by an emphasis
on matter depicting, describing or relating to specified sexual activity
or specified anatomical parts.
A business establishment or concern which, as a regular and
substantial course of conduct, presents live entertainment, motion
pictures, videos, slide photographs, or other pictures or visual reproductions
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical parts.
Any natural person who dances, models, acts, entertains,
performs and/or engages in any live entertainment showing, displaying
or exposing specified anatomical parts and/or depicting or involving
specified sexual activities, or who performs in or wears attire commonly
referred to as pasties or a G-string or any other opaque covering,
over the nipple and areola of the female breast, and while covering
the natal cleft and pubic area covers less than one (1) inch on either
side of the entire length of the natal cleft and two (2) inches across
the pubic area.
Any act, play, burlesque show, revue, pantomime, cabaret,
modeling fashion or style show, scene, dance, song, song and dance
act, or instrumental music performed, engaged in, presented or participated
in at an adult-oriented business by one (1) or more live entertainers
for or in view of any patron.
Any area of an adult-oriented business such as a booth, cubicle
or stall designed for occupancy of one (1) person for the purpose
of viewing live performances, pictures, movies, videos or other presentations.
Any premises on which all of the following occur: there is
conducted a program of instruction involving the drawing, photographing
or sculpting of live models exposing specified anatomical parts; instruction
is offered in a series of at least two (2) classes; the instruction
is offered indoors; an instructor is present in the classroom while
any participants are present; and pre-registration is required at
least twenty-four (24) hours in advance of participation in the class.
Any customer, client, guest or invitee of an adult-oriented
business.
Any element of sexually-oriented merchandise, or any book,
periodical, magazine, photograph, drawing, sculpture, motion picture
film, video, or other written, oral or visual representation which,
for purposes of sexual arousal, provides depictions which are characterized
by an emphasis on matter depicting, describing or relating to specific
sexual activities or specified anatomical parts.
Sexually-oriented implements and paraphernalia, such as,
but not limited to, dildos, auto sucks, sexually-oriented vibrators,
edible underwear, benwa balls, inflatable orifices, anatomical balloons
with orifices, simulated and battery-operated vaginas, and similar
sexually-oriented devices which are designed or marketed primarily
for the stimulation of human genital organs or sadomasochistic activity.
Actual or simulated sexual intercourse, oral copulation, anal
intercourse, oral anal copulation, bestiality, direct physical stimulation
of unclothed genitals, flagellation or torture in the context of a
sexual relationship, or the use of excretory function in the context
of a sexual relationship, any of the following depicted sexually-oriented
acts or conduct: anilingus, buggery, coprophagy, coprophiha, cunnilingus,
fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism,
zooerastia; or
Clearly depicted human genitals in a state of sexual stimulation,
arousal or tumescence; or
Use of human or animal ejaculation, sodomy, oral copulation,
coitus or masturbation; or
Fondling or touching of nude human genitals, pubic region, buttocks
or female breast; or
Masochism, erotic or sexually-oriented torture, beating or the
infliction of pain; or
Erotic or lewd touching, fondling or other sexually-oriented
contact with an animal by a human being; or
Human excretion, urination, menstruation, vaginal or anal irrigation;
or
The presence of any person who performs or appears in attire
where specified anatomical parts are either not opaquely covered or
minimally covered with devices commonly referred to as pasties and
G-strings or any other opaque covering over the nipple and areola
of the female breast, and while covering the natal cleft and pubic
area covers less than one (1) inch on either side of the entire length
of the natal cleft and two (2) inches across the pubic area.
[Ord. No. 1914 §1(405.615(D)(1
— 2)), 5-6-2013]
A.
Permit Required. No person or entity shall establish, operate,
conduct or maintain any adult-oriented business in the City, unless
such person or entity has first obtained a permit pursuant to this
Chapter. No person or entity shall continue to operate, conduct or
maintain any adult-oriented business after its adult-oriented business
permit has been suspended (for the duration of the suspension), revoked
or not renewed.
B.
Application Submittal. The property owner, or authorized
agent of the property owner, is eligible to request an adult-oriented
business permit. Applications shall be submitted to the City Clerk.
The following information is required at the time an adult-oriented
business permit application is submitted:
1.
A completed adult-oriented business permit application signed by
the property owner or authorized representative;
2.
A non-refundable fee of five hundred dollars ($500.00);
5.
Signed statement that the applicant and/or the applicant's officers,
partners or investors have not had an adult-oriented business permit
revoked within the previous two (2) years;
6.
All other information as required by the City of Valley Park adult-oriented
business permit application form.
[Ord. No. 1914 §1(405.615(D)(3)), 5-6-2013]
The Community Development Director shall determine whether the
application contains all the information required by the provisions
of this Chapter. If it is determined that the application is not complete,
the applicant shall be notified in writing within five (5) business
days of the date of receipt of the application that the application
is not complete and the reasons therefore, including any additional
information necessary to render the application complete. The applicant
shall have thirty (30) calendar days to submit additional information
to render the application complete. Failure to submit the additional
information within the thirty (30) day period shall render the application
void. Within five (5) business days following the receipt of an amended
application or supplemental information, the Community Development
Director shall again determine whether the application is complete
in accordance with the procedures set forth in this Division. Evaluation
and notification shall occur as provided above until such time as
the application is found to be complete. The applicant shall be notified
within five (5) days of the date the application is found to be complete.
All notices required by this Chapter shall be deemed given upon the
date they are either deposited in the United States mail or the date
upon which personal service of such notice is provided.
[Ord. No. 1914 §1(405.615(E)), 5-6-2013]
A.
The Community Development Director shall issue an adult-oriented business permit within twenty (20) days of receipt of a complete application if he or she finds that the application fully complies with the findings and requirements of this Section. If the Community Development Director has not made a decision within twenty (20) days of receipt of a complete application, the applicant shall be permitted to begin operating the establishment for which a permit is sought, unless and until the Community Development Director notifies the applicant of a denial of the application and states the reason(s) for the denial. A complete application shall consist of all sections of the written application answered with requested information accompanied by plans showing how the business intends to comply with the requirements of this Chapter. If a permit application is denied by the Community Development Director, the applicant may appeal the decision to the Board of Aldermen pursuant to Section 405.675, Appeal of Denial, Suspension and Revocation Decisions — Judicial Review. An application shall only be approved on a finding that:
1.
The adult-oriented business is located in an approved zoning district
in compliance with zoning and location requirements of the Valley
Park Municipal Code.
2.
The adult-oriented business is not located completely or partially
within any mobile structure or pushcart.
3.
The adult-oriented business shall not stage any special events, promotions,
festivals, concerts or similar events that would increase the demand
for parking beyond the approved number of spaces for the particular
use.
4.
The adult-oriented business provides a security system that visually
records and monitors all parking lot areas. All indoor areas of the
adult-oriented business shall be open to public view at all times
with the exception of restroom facilities. "Accessible to
the public" shall include, but not be limited to, those areas
that are only accessible to members of the public who pay a fee and/or
join a private club or organization.
5.
The adult-oriented business complies with the City's sign regulations.
6.
The adult-oriented business complies with the development and design
requirements of the zone in which it is to be located for the specific
underlying use.
7.
The adult-oriented business shall not display any sexually-oriented
material or sexually-oriented merchandise that would be visible from
any location outside the adult-oriented business.
8.
Notwithstanding the provisions of Section 573.531, RSMo., the adult-oriented
business shall not allow admittance to any person under the age of
eighteen (18) if no liquor is served, or under the age of twenty-one
(21) if liquor is served.
9.
The adult-oriented business will not operate between the hours of
12:00 Midnight and 6:00 A.M. on any day.
10.
Neither the applicant, if an individual, nor any of the officers
or general partners, if a corporation or partnership, of the adult-oriented
business have been found guilty within the past two (2) years of a
misdemeanor or felony classified by the State as a sex-related offense
and have not violated any of the provisions of an adult-oriented business
permit or similar permit or license in any City, County, territory
or State.
11.
The adult-oriented business shall provide separate restroom facilities
for male and female patrons. The restrooms will be free from sexually-oriented
materials and sexually-oriented merchandise.
12.
A sexually oriented business, which exhibits on the premises, through
any mechanical or electronic image-producing device, a film, video
cassette, digital video disc, or other video reproduction, characterized
by an emphasis on the display of specified sexual activities or specified
anatomical areas shall comply with the following requirements:
a.
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from an operator's station of every
area of the premises, including the interior of each viewing room
but excluding restrooms, to which any patron is permitted access for
any purpose;
b.
An operator's station shall not exceed thirty-two (32) square feet
of floor area;
c.
If the premises has two (2) or more operator's stations designated,
the interior of the premises shall be configured in such a manner
that there is an unobstructed view of each area of the premises to
which any patron is permitted access for any purpose from at least
one of the operator's stations;
d.
The view required under this Subsection shall be by direct line of
sight from the operator's station;
e.
It is the duty of the operator to ensure that at least one (1) employee
is on duty and situated in an operator's station at all times that
any patron is on the portion of the premises monitored by such operator
station; and
f.
It shall be the duty of the operator and of any employees present
on the premises to ensure that the view area specified in this Subsection
remains unobstructed by any doors, curtains, walls, merchandise, display
racks, or other materials or enclosures at all times that any patron
is present on the premises.
13.
All areas of the adult-oriented business shall be illuminated at
a minimum of two (2) foot-candles minimally maintained and evenly
distributed at ground level.
14.
The individual viewing areas of the adult-oriented business shall
be operated and maintained with no holes, openings or other means
of direct visual or physical access between the interior spaces of
two (2) or more individual viewing areas.
15.
No building, premises, structure, or other facility shall be permitted to contain more than one (1) type of adult-oriented business as such types of adult-oriented business are defined in Section 405.625, Definitions. For the purposes of this Section, the catchall phrase "adult-oriented business" shall not be considered a single type of adult-oriented business.
16.
No individual viewing area may be occupied by more than one (1) person
at any one (1) time.
17.
Permanent barriers shall be installed and maintained to screen the
interior of the premises from public view for each door used as an
entrance/exit to the business. No exterior door or window shall be
propped or kept open at any time during hours of operation; any exterior
windows shall be covered with opaque covering at all times.
18.
No operator, entertainer, employee or agent shall show or display
his or her human male or female genitals, pubic area or buttocks with
less than a fully opaque covering, and/or the female breasts with
less than a fully opaque covering over any part of the nipple or areola.
No permittee, owner or other person with managerial control over an
adult-oriented business shall permit any person on the premises of
the adult-oriented business to show or display his or her human male
or female genitals, pubic area or buttocks with less than a fully
opaque covering, and/or the female breasts with less than a fully
opaque covering over any part of the nipple or areola. This provision
may not be complied with by applying an opaque covering simulating
the appearance of the specific anatomical part required to be covered.
19.
No operator, entertainer, employee or agent of an adult-oriented
business providing live entertainment shall permit to be performed,
offer to perform or perform sexual intercourse, oral or anal copulation,
fondling or physical stimulation of either clothed or unclothed human
genitals, pubic regions, buttocks or female breasts with any patron.
20.
No operator, entertainer, employee or agent of an adult-oriented
business shall permit any patron to touch, caress, or fondle the clothes
or unclothed breast, buttocks, anus or genitals of any operator, entertainer,
employee or agent of an adult-oriented business providing live entertainment
or permit any entertainer, operator, employee or agent to touch, caress
or fondle the clothed or unclothed breasts, buttocks, anus, genitals
of any patron.
21.
If the place of entertainment is licensed to serve alcoholic beverages,
the permittee shall abide by the rules and regulations dealing with
the serving of alcoholic beverages as may be set forth by the State
of Missouri, St. Louis County and/or the City of Valley Park.
22.
Maximum occupancy load, fire exits, aisles and fire equipment shall
be regulated, designed and provided in accordance with the State Fire
Marshal or City Fire Chief standards and regulations and all applicable
building and fire safety regulations and standards adopted by the
City. If an applicant or operator of an adult-oriented business proposes
new construction, alteration, repair, reconstruction, renovation or
rehabilitation, or change of use or conversion of any building or
structure that requires a City building permit, then the applicant
or operator shall be subject to all the requirements and conditions
of the building (including, but not limited to, fire, electrical,
plumbing, mechanical and disability access) codes, laws, regulations
and standards in the same manner as for any other building or structure
of the same type, size and occupancy classification.
No adult-oriented business shall be issued a permit or be permitted
to operate within the City if State or Federal law otherwise prohibits
the business.
[Ord. No. 1914 §1(405.615(F)), 5-6-2013]
A.
If
an adult-oriented business provides, presents, features or offers
any entertainer on-site, then the adult-oriented business and any
entertainer at that business also shall comply with the following
regulations (in addition to the other regulations of this Chapter):
1.
No person shall perform, engage in, present or participate in any
entertainment except upon a stage that satisfies the following standards:
it is at least eighteen (18) inches above the level of the floor;
the edge or front of the stage or stages is separated by a distance
of at least ten (10) feet from the nearest area occupied by patrons;
there is a railing, fence, partition or other barrier on the front
or edge of the stage or stages at least thirty (30) inches in height
that is capable of, and which actually results in, separating the
entertainers on stage and patrons by at least ten (10) feet. No patron
shall be permitted within ten (10) feet of the stage while an entertainer
occupies the stage. No entertainer shall perform, engage in, present
or participate in any entertainment within ten (10) feet of any patron.
This Subsection shall not apply to individual viewing areas where
the stage is completely separated from the viewing area, floor to
ceiling, by glass or Plexiglas or a combination of wall and glass
or Plexiglas or other permanent barrier.
2.
Stage or entertainment areas shall not be open to view from outside
the premises.
3.
The premises shall provide separated dressing room facilities for
entertainers that are exclusively dedicated to the entertainers' use.
4.
The permittee shall provide an entrance/exit to the premises for
entertainers that are separate from the entrance/exit used by patrons.
5.
No entertainer shall have physical contact with any patron and no
patron shall have physical contact with any entertainer while on the
adult-oriented business premises.
6.
No patron shall directly pay or give any gratuity, gift or monetary
tip to any entertainer and no entertainer shall accept direct payment
or giving of gratuity, gift or monetary tip from any patron while
on the adult-oriented business premises.
7.
No entertainer shall show or display his or her human male or female
genitals, pubic area, or buttocks with less than a fully opaque covering,
and/or the female breasts with less than a fully opaque covering over
any part of the nipple or areola. This provision may not be complied
with by applying an opaque covering simulating the appearance of the
specific anatomical part required to be covered. The wearing of attire
commonly referred to as pasties and a G-string as described in the
definition of "entertainer" shall not be a violation of this provision.
8.
If the occupancy limit of the premises, or that portion of the premises
where entertainment is performed, is greater than fifty (50) persons,
at least one (1) security guard will be on duty patrolling the premises,
grounds and parking areas at all times while the business is open.
An additional security guard will be on duty if the occupancy limit
exceeds one hundred (100) persons. The security guards shall be charged
with preventing violations of law and enforcing compliance by patrons
with the requirements of this Division. No security guard required
pursuant to this provision shall act as a door person, ticket seller,
ticket taker, admittance person, entertainer, waiter, bartender or
food/drink server or attendant while acting as a security guard.
[Ord. No. 1914 §1(405.615(G)), 5-6-2013]
An adult-oriented business permit shall be valid for a period
of one (1) year from the date of issuance.
[Ord. No. 1914 §1(405.615(H)), 5-6-2013]
An adult-oriented business permit shall be renewed on a year-to-year basis provided that the permittee and the adult-oriented business continue to meet the requirements set forth in this Chapter. A request for permit renewal must be accompanied by a completed adult-oriented business permit application. If the renewal application conforms to the previously approved application and the adult-oriented business, permittee and owner have not changed, and the permittee and the adult-oriented business have satisfied the requirements set forth in this Chapter, the Community Development Director shall renew the permit for another year. Any change or alteration in that nature or operation of the adult-oriented business will require the renewal to be reviewed by the Community Development Director pursuant to the standards of Section 405.640, Application — Findings — Requirements. The renewal fee for an adult-oriented business permit shall be established by resolution of the Board of Aldermen. If a permit renewal is denied, the applicant may appeal the decision to the Board of Aldermen pursuant to Section 405.675, Appeal of Denial, Suspension and Revocation Decisions — Judicial Review.
[Ord. No. 1914 §1(405.615(I)), 5-6-2013]
No adult-oriented business permit may be sold, transferred,
or assigned by any permittee or by operation of law to any other person,
group, partnership, corporation or any other entity. Any such sale,
transfer, or assignment or attempted sale, transfer, or assignment
shall be deemed to constitute a voluntary surrender of the permit
and the permit shall be thereafter null and void. An adult-oriented
business permit held by a corporation or partnership is subject to
the same rules of transferability as contained above. Any change in
the nature or composition of the adult-oriented business from one
element of an adult-oriented business to another element of an adult-oriented
business or any increase of ten percent (10%) or more of the floor
area of the adult-oriented business shall also render the permit null
and void. An adult-oriented business permit shall only be valid for
the exact location specified on the permit. No off-site presentations
of entertainment shall be permitted. An adult-oriented business permit
may be transferred to a new or different person, group, partnership,
corporation or other entity or to a different location only pursuant
to a new application filed and approved under this Chapter.
[Ord. No. 1914 §1(405.615(J)), 5-6-2013]
A.
Inspections. The adult-oriented business shall permit officers
of the City of Valley Park, the County of St. Louis, and each of their
authorized representatives to conduct unscheduled inspections of the
premises of the adult-oriented business for the purpose of ensuring
compliance with the law at any time the adult-oriented business is
open for business or occupied.
B.
Revocation Grounds. The City may revoke or suspend an adult-oriented
business permit for any of the following causes or reasons:
1.
The adult-oriented business has been operated in violation of, or there has been a violation of or failure to comply with, any of the requirements of this Chapter, including, but not limited to, Section 405.640, Application — Findings — Requirements or Section 405.645, Adult-Oriented Business Entertainers;
2.
It is discovered that the application contains incorrect, false or
misleading information;
3.
Any person has been convicted of a sex-related offense as a result
of his or her activity on the premises of the adult-oriented business;
4.
The permittee has ceased to meet the requirements for issuance of
permit;
5.
The permittee holder is convicted of a felony or misdemeanor which
offense is classified by the State as an offense involving sexual
crime against children, sexual abuse, rape, distribution of obscene
material or material harmful to minors, prostitution or pandering,
including, but not necessarily limited to, the violation of any crime
requiring registration under the Missouri Penal Code, or any violation
of any parts of the Missouri Penal Code;
6.
If, on two (2) or more occasions within a twenty-four (24) month period, a person or persons has (have) been convicted of a felony or misdemeanor for an offense set forth in Subsection (B)(5) as a result of such person's activity on the adult-oriented business premises, and the person or persons were employees, contractors or agents of the adult-oriented business at the time the offenses were committed; and
7.
If the permittee or an employee, contractor or agents of the adult-oriented
business has knowingly allowed prostitution, or solicitation for prostitution,
on the premises.
C.
Revocation/Suspension Notice. On determining that grounds
for permit suspension or revocation exist, the Community Development
Director shall furnish written notice of the proposed suspension or
revocation to the permittee. Such notice shall set forth the time
and place of a hearing, and the ground or grounds upon which the hearing
is based, the pertinent authority for the ground(s), and a brief statement
of the factual matters in support of the proposed suspension or revocation.
The notice shall be mailed, postage prepaid, addressed to the last
known address of the permittee, or shall be delivered to the permittee
personally, at least ten (10) days prior to the hearing date.
D.
Revocation/Suspension Hearings. Hearings shall be conducted
by the Planning Commission. All parties involved shall have a right
to offer testimonial, documentary, and tangible evidence bearing on
the issues; may be represented by counsel; and shall have the right
to confront and cross-examine witnesses. Any relevant evidence may
be admitted that is the sort of evidence upon which reasonable persons
are accustomed to rely in the conduct of serious affairs. Any hearing
under this Section may be continued for a reasonable time for the
convenience of a party or a witness. After holding the hearing in
accordance with the provisions of this Section, if the Planning Commission
finds and determines that there are grounds for disciplinary action,
based upon the severity of the violation, the Planning Commission
shall impose one (1) of the following:
1.
A warning;
2.
Suspension of the permit for a specified period not to exceed one
(1) year; or
3.
Revocation of the permit.
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These remedies are not exclusive, and instead are in addition to any other remedy or proceeding permitted by State law or other County ordinance. The Planning Commission's decision shall be in writing. Any permittee aggrieved by a decision of the Planning Commission may appeal the decision pursuant to Section 405.675, Appeal of Denial, Suspension and Revocation Decisions — Judicial Review.
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E.
Cession Of Permitted Use. In addition to the foregoing,
an adult-oriented business permit shall be deemed revoked and terminated
if the use for which the permit was granted has ceased, been abandoned
or been suspended for a period of twelve (12) or more consecutive
months. The Community Development Director may determine whether or
not an adult-oriented business has ceased operation, been abandoned
or been suspended within the meaning of this Subsection. The Community
Development Director may mail notice of such a determination to the
permittee who may appeal the determination in the same manner as a
permit revocation
F.
Permittee Aggrieved. If a permittee is aggrieved by a suspension or revocation decision of the Planning Commission (or a determination under Subsection (E) fails to timely file an appeal with the Board of Aldermen within ten (10) days as provided by Section 405.675, Appeal of Denial, Suspension and Revocation Decisions — Judicial Review, then the suspension or revocation decision or Community Development Director determination shall take effect upon expiration of the ten (10) day period.
G.
Declaration Of Public Nuisance. Any business established,
operated, conducted or maintained contrary to the provisions of this
Section is unlawful and hereby declared to constitute a public nuisance.
The City may commence an appropriate civil action(s) or proceeding(s)
for the abatement, removal and enjoinment of the nuisance in the manner
provided by law, to enforce any permit suspension, revocation or non-renewal,
and/or for such other relief as will abate or remove the adult-oriented
business and restrain and enjoin any person from operating, conducting
or maintaining such a business contrary to the provisions of this
Chapter. Notwithstanding any other provision of this Code, a violation
of any provision of this Chapter shall not constitute a felony, misdemeanor,
infraction or other crime, but rather shall be enforced by appropriate
civil action.
[Ord. No. 1914 §1(405.615(K)), 5-6-2013]
A.
After denial of an application for an adult-oriented business permit, after denial of renewal of such a permit, or after suspension or revocation of such a permit, the aggrieved applicant or permittee may appeal such administrative action or decision to the Board of Aldermen by filing a notice of appeal with the City Clerk within ten (10) days of the date of the challenged action or decision. The Board of Aldermen shall hear the appeal in accordance with the same hearing procedures and standards set forth in Section 405.670, Enforcement, Revocation and Suspension, Subsection (D) Revocation/Suspension Hearings. The Board of Aldermen may affirm, reverse or modify the decision of the Planning Commission or Community Development Director. The Board of Aldermen's appeal hearing shall be held and a decision rendered by resolution adopted within thirty (30) days of the filing of the notice of appeal, unless this time is extended by mutual agreement of the City and appellant.
B.
The
denial, suspension and revocation of permits under this Division shall
be subject to prompt judicial review and decision. If a permit denial,
suspension or revocation decision is affirmed on review by the Board
of Aldermen, the applicant or permittee may seek judicial review of
the Board's decision.
C.
If
a permittee seeks judicial review of a permit non-renewal, suspension
or revocation decision, then the permit non-renewal, suspension or
revocation will be stayed as follows:
1.
If the permittee files and serves a petition for writ of mandate
under the Municipal Code within twenty-one (21) days after the final
Board of Aldermen decision on the appeal, then the permit non-renewal,
suspension or revocation shall be stayed pending a trial court decision.
If affirmed by the trial court, the permit non-renewal, suspension
or revocation shall take effect immediately, unless otherwise provided
by court order or applicable law.
2.
If the permittee fails to timely file and serve a petition for writ
of mandate under the Municipal Code within twenty-one (21) days after
the final Board of Aldermen decision on the appeal, then the permit
non-renewal, suspension or revocation shall take effect upon expiration
of the twenty-one (21) day period.
