It is the purpose and intent of the council that the operation
of peep show establishments, as defined in this code, should be regulated
for the protection of the public from the perils of fire and hazards
to health.
(Ord. 97 § 1, 1983)
means any place in which a peep show device is operated.
means an aperture through which may be viewed images that
are exhibited by means of the projection or internal electronic reflection
of motion picture film or slides, or both.
(Ord. 97 § 1, 1983)
No person shall operate a peep show device unless a permit for
the operation of the device has been issued by the city treasurer
and remains in effect in conformity with the provisions of this code.
(Ord. 97 § 1, 1983)
No permit for a peep show device shall be issued by the city
treasurer for a period in excess of six months. The expiration dates
of the permit shall be June 30th and December 31st of each year.
(Ord. 97 § 1, 1983)
Every person owning or operating a peep show device shall pay
a fee of thirty-five dollars per six month's period for each peep
show device.
(Ord. 97 § 1, 1983)
All applications for a permit or for the renewal of a permit,
shall be accompanied by an investigation fee in the sum of one hundred
twenty dollars. The investigation fee is nonrefundable, and in the
event such permit is denied, the fee shall become the property of
the city.
(Ord. 97 § 1, 1983)
Every applicant shall file an application for a permit, or for
the renewal of a permit, with the city treasurer upon the form to
be provided by the city treasurer. Immediately upon the receipt of
an application the city treasurer shall deliver the application to
the city manager or his delegate. The city manager or his delegate
shall cause to be made an investigation of the application to determine
that:
A.
The
applicant did not knowingly make a material misstatement in the application
for a permit or for the renewal of a permit; and
B.
The
operation pursuant to the issuance or renewal of a permit will be
in compliance with the building, fire, electrical, plumbing and health
requirements as set forth in this code.
(Ord. 97 § 1, 1983)
If, upon investigation, the city manager or his delegate finds that the operation pursuant to the issuance or renewal of a permit will be in compliance with the requirements described in Section 8.36.070, the permit shall be granted or renewed. Any application for a permit or for the renewal of a permit may be denied if, after the applicant has been given the opportunity for a hearing as described in Section 8.36.100, the city manager or his delegate finds that the operation pursuant to the issuance or renewal of a permit will not be in compliance with the requirements described 8.36.070. The city manager or his delegate shall file a report of the approval or denial of the application with the city treasurer within thirty days of the receipt of the application. If the application for a permit or for the renewal of a permit is denied, the notification and reasons for denial shall be set forth in writing and sent to the applicant by means of registered mail, certified mail, or hand delivery.
(Ord. 97 § 1, 1983)
A.
Any permit issued hereunder may be suspended or revoked if, after the permittee has been given the opportunity for a hearing as described in Section 8.36.100, the city manager or his delegate find that:
B.
In the
event that a permit is suspended or revoked, the notification of suspension
or revocation, as well as the reasons therefor, shall be set forth
in writing and sent to the permittee by means of registered mail,
certified mail, or hand delivery.
(Ord. 97 § 1, 1983)
In the event that the city manager or his delegate has evidence that any of the requirements described in Sections 8.36.070 or 8.36.090 have not been complied with, he shall set forth in writing and send to the applicant or permittee, by means of registered mail, certified mail, or hand delivery, notice that within a period of not less than five days from the date of posting of the notice, a hearing shall be conducted to determine the existence of any facts which constitute grounds for the denial of a permit renewal, the suspension of a permit, or the revocation of a permit. The notification shall include the date, time, and place of the hearing as well as a statement of the facts relevant to the case. The hearing shall be conducted by a hearing officer appointed by the city manager. The applicant or permittee may have the assistance of counsel or may appear by counsel and shall have the right to present evidence. In the event that the applicant or permittee fails to appear at the hearing, the evidence of the existence of facts which constitute grounds for the denial of a permit or permit renewal, the suspension of a permit or the revocation of a permit, shall be considered unrebutted.
(Ord. 97 § 1, 1983)
Within ten days after the date of posting the notification that
an application for a permit has been denied, a permit suspended or
revoked or a renewal denied, the applicant or permittee may file with
the city clerk a written request for a public hearing before the city
council. Upon the filing of such request, the city clerk shall set
a time and place for the hearing and shall notify the appellant thereof.
The hearing shall be held within thirty days after the request is
filed. At the hearing any person may present evidence in opposition
to, or in support of, appellant's case. At the conclusion of the hearing
the city council shall either grant or deny the appeal and the decision
of the city council shall be final.
(Ord. 97 § 1, 1983)
A person who has had a permit for a peep show establishment
or device revoked or denied may reapply for a permit upon correcting
the violations of the law which were the basis for the permit revocation
or refusal.
(Ord. 97 § 1, 1983)
No person shall operate a peep show device unless each such
device is plainly marked with a serial number and shall have attached
thereto a distinguishing tag, sign, permit, or other marker, issued
by the city treasurer upon the granting or renewal of a permit which
shall bear a permit number identifying the peep show device as a particular
device permitted pursuant to the terms of this code. Such permit shall
be affixed in a conspicuous location on each device and shall remain
thereto until a new or different permit has been issued therefor.
No permit shall be transferable from one person to another or from
one device to another.
(Ord. 97 § 1, 1983)
No person shall operate a peep show establishment unless any
wall or partition which is situated so as to create a room, enclosure
or booth in which any peep show device is located is constructed of
not less than one-hour fire-resistive material.
(Ord. 97 § 1, 1983)
No person shall operate a peep show establishment in which the
width of the aisles in any room where a peep show device is located
is less than forty-two inches.
(Ord. 97 § 1, 1983)
No person shall operate a peep show establishment unless there
are no fewer than two doorways of a width no less than thirty-six
inches which provide ingress or egress from any room in which a peep
show device is located; provided, however, that one doorway shall
be sufficient in the event the fire chief should so determine. Doorway
or doorways shall be unlocked during business hours.
(Ord. 97 § 1, 1983)
No person shall operate a peep show establishment unless over
every doorway which provides egress from any room in which a peep
show device is located, an internally illuminated exit sign with letters
at least five inches in height is maintained.
(Ord. 97 § 1, 1983)
No person shall operate a peep show establishment unless each
peep show device located in such establishment is situated so as to
permit the person using the peep show device to have a constantly
unobstructed view of the doorways which provide the ingress to or
egress from the establishment.
(Ord. 97 § 1, 1983)
No person shall operate a peep show establishment unless a light
level of no less than ten foot candles at floor level is maintained
in every portion of the establishment to which the public is admitted.
(Ord. 97 § 1, 1983)
No person shall operate a peep show establishment in which the
number of persons in any room or partitioned portion of a room where
a peep show device is located exceeds one person per thirty square
feet. The maximum occupancy load permitted in any room in which a
peep show device is located shall be conspicuously posted by the operator,
and shall remain posted, at the entrance to said room.
(Ord. 97 § 1, 1983)
No person shall operate a peep show establishment in which the
number of peep show devices exceeds the maximum occupancy load permitted
in any room or partitioned portion of a room in which a peep show
device is located. The maximum number of peep show devices permitted
in any room or partitioned portion of a room in a peep show establishment
shall be conspicuously posted by the operator, and shall remain posted
at the entrance to the room.
(Ord. 97 § 1, 1983)
No person shall deny the city manager or his delegate free access
to a peep show establishment for purposes of a reasonable inspection
to enforce compliance with building, fire, electrical, or plumbing
regulations.
(Ord. 97 § 1, 1991)
In addition to the legal remedies provided for in this code,
the operation of any peep show establishment in violation of the terms
of this code shall be deemed a public nuisance and may be, by the
city, enjoined.
(Ord. 97 § 1, 1991)
Violation of the provisions of this chapter is a misdemeanor
punishable by a fine of five hundred dollars and imprisonment for
a period not to exceed six months.
(Ord. 97 § 1, 1991)
The city manager, or his delegate, is empowered in the administration
of this chapter to permit such variance or deviation from the regulations
of this chapter as will effectuate the purpose and intent of this
chapter.
(Ord. 97 § 1, 1991)
