[HISTORY: Adopted by the Town Council of the Town of Johnston 5-12-1997
by Ord. No. 1003 (Secs. 15A-1 to 15A-15 of the 1979 Code).
Amendments noted where applicable.]
A.
This chapter creates an entertainment licensing process
for the adult entertainment use. For the purpose of promoting the public health,
safety, morals, and general welfare, the Johnston Town Council has the power,
in accordance with the provisions of R.I.G.L. § 5-22-1 et seq.,
to license, regulate and, in certain instances, prohibit and suppress shows
and performances.
B.
It is the purpose of this chapter to address and mitigate
the secondary effects of the adult entertainment establishments and sexually
oriented businesses that are referenced and defined herein. Secondary effects
have been shown to include increased crime, adverse impacts on public health,
adverse impacts on the business climate of the Town, adverse impacts on the
value of residential and commercial properties, and adverse impacts on the
quality of life in the Town. All of said secondary impacts are adverse to
the public health, safety, morals, and general welfare of the Town of Johnston
and its inhabitants.
C.
The Town Council, as the governing body of the Town of
Johnston, Rhode Island, has the authority and responsibility to legislate
on matters of local concern for the protection of the public health, safety
and welfare. In the exercise of that responsibility and authority, the Council
has enacted regulations under this Code related to business establishments
which serve alcoholic or cereal malt beverages for consumption on the premises.
D.
Upon further consideration, the Council has determined
that adult entertainment businesses, by their very nature, create and contribute
to many of the direct and secondary impacts, whether or not alcoholic or cereal
malt beverages are served on the premises. It is, therefore, the intent of
this section to impose licensing requirements and regulations upon those business
establishments and enterprises which provide adult entertainment, for the
purposes of preventing the spread of disease, to promote sanitary health conditions,
to prevent opportunities for criminal activity, to minimize opportunities
for the involvement of minors in such activities, to preserve property values,
and to promote the public morals and welfare.
E.
The provisions of this chapter have neither the purpose
nor the intent of imposing a limitation on the content of any communicative
matter or materials, including sexually oriented matter or materials. Similarly,
it is not the purpose or intent of this chapter to restrict or deny access
by adults to adult entertainment establishments or to sexually oriented matter
or materials that are protected by the Constitutions of the United States
of America or the State of Rhode Island, nor to restrict or deny rights that
distributors or exhibitors or such matter or materials may have to sell, rent,
distribute, or exhibit such matter or materials. Neither is it the purpose
of this chapter to legalize the sale, rental, distribution or exhibition of
obscene or other illegal matter or materials.
F.
All licenses issued under this chapter must run to and
be associated with a permitted use of property which is zoned properly in
the Town of Johnston.
G.
Further, it is the purpose of this chapter to conclusively
state that the live performance of sex acts which are obscene or illegal are
not made allowable by virtue of this chapter.
As used in this chapter, certain words and terms are defined as follows:
ADULT ARCADEAn establishment where, for any form of consideration, one or more still or motion-picture projectors, slide projectors, or similar machines, or other image-producing machines, for viewing by five or fewer persons each, are regularly used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE (also ADULT NOVELTY STORE or ADULT VIDEO STORE)An establishment that has a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following:
Books, magazines, periodicals, or other printed matter, or photographs,
films, motion pictures, video cassettes, slides, or other visual representations
that are characterized by an emphasis upon the depiction or description of
specified sexual activities or specified anatomical areas; or
Instruments, devices, or paraphernalia that are designed for use in
connection with specified sexual activities.
ADULT CABARETA nightclub, bar, restaurant, or similar establishment that regularly or occasionally features live performances that are characterized by the exposure of specified anatomical areas.
ADULT MOTELA motel, hotel, or similar commercial establishment which offers public accommodations, for any form of consideration, and also offers patrons closed-circuit television transmission, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this type of entertainment by means of a sign visible from the public right-of-way, or by means or any off-premises advertising including but not limited to newspapers, magazines, pamphlets or leaflets, radio or television.
ADULT MOTION-PICTURE THEATERAn establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or other similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATERAny theater, concert hall, auditorium, or similar commercial establishment which, for any form of compensation regularly features persons who expose specified anatomical areas in live performances.
ESCORT OR MODELING AGENCYA person or business association who furnishes, offers to furnish or advertises to furnish escorts or models, as herein defined, as one of its primary business purposes for a fee, tip, or other consideration.
MASSAGE PARLORAny establishment where, for any form of consideration or gratuity, the administrating of massage, alcohol rub, administering of fomentations, electric or magnetic treatments, or any other treatment and manipulation of the human body is performed by a person or persons who exposes specified anatomical areas.
OTHER ADULT ENTERTAINMENT USESAny live exhibition, performance, display or dance of any type, including but not limited to talking, singing, reading, listening, posing, serving food or beverages, soliciting for the sale of food or beverages, products or entertainment, pantomiming, modeling, removal of clothing, or any service offered for amusement on any premises to which the public, patrons, or members are invited or admitted, including any private club or membership organization, and including but not limited to business establishments identified as an adult arcade, escort agency, juice bar, coffee shop, cigar shop, victualer, nude modeling studio, sexual encounter center, massage parlor, or similar or like business establishments.
The person listed as an applicant on the application for a license
and a person applying for renewal of an existing license.
Any business or use possessing or desiring to possess an adult entertainment
license under this chapter.
Any person who works, performs, or serves in a use with an adult
entertainment license, including the managers, servers, and entertainers regardless
of whether or not said person is paid a salary, wage, or other compensation
by the licensee or is considered an independent contractor instead of a traditional
employee.
Any person who provides adult entertainment within an adult entertainment
use as defined in this chapter, whether or not a fee is charged or accepted
for the entertainment.
A person who, for any form of consideration, agrees or offers to
privately perform stripteases which expose specified anatomical areas or offers
or agrees to model lingerie or other types of clothing which expose specified
anatomical areas.
An adult entertainment license of any kind issued under this chapter.
A person in whose name a license under this chapter has been issued.
Any person who manages, directs, administers, oversees, or is in
charge of the running and operation of a use or business possessing an adult
entertainment license under this chapter.
Any person owning directly, indirectly, or beneficially any interest
or part interest, however identified, in a use or proposed use in this chapter.
A viewing room of less than 150 square feet of floor space.
An individual, sole proprietorship, partnership, corporation, limited
liability company, association, organization, or other recognized entity,
including an applicant, licensee, entertainer, server, manager, owner, or
principal owner.
Any location, building or use location housing a business possessing
or seeking an adult entertainment license under this chapter.
Any person owning, directly, indirectly, or beneficially:
Five percent or more of a corporation's corporate stock;
Five percent or more of a membership interest in a limited liability
company;
In the case of any other recognized entities, 5% or more of the ownership
interests in the entity; or
The general partner of a limited partnership, regardless of the percentage
of ownership.
Any person who serves food or drink at any use holding an adult entertainment
license under this chapter.
Includes any of the following:
Includes sexual crimes against children, sexual abuse, rapes and
sexual assaults, distribution of obscenity, pandering, prostitution, and alcoholic
and controlled substance violations.
Includes any of the following:
The fondling or other erotic touching of human genitals, pubic region,
buttocks, anus, or female breasts;
Sex acts, normal or perverted, actual or simulated, including intercourse,
oral copulation or sodomy;
Masturbation, actual or simulated; or
Excretory functions as part of or in connection with any of the activities
set forth as noted above.
Includes any of the following:
The sale, lease or sublease of the business or use;
The transfer of securities which constitute a five-percent or greater
interest in the business or use, whether by sale, transfer, exchange, or similar
means, with or without compensation therefor; or
The passing of any ownership interest over 5% by operation of law or
through testate or intestate succession upon death of the license holder.
A.
All adult entertainment uses operating in the Town must
have a valid annually renewable adult entertainment license issued by the
Town of Johnston.
B.
A license can be obtained through the application and
licensing process described in this chapter.
C.
Any valid adult entertainment use currently operating
in the Town upon the effective date of this chapter shall have 60 days to
file an application with the Town Council for a license. During the 60 days
and throughout the application process, the business will be allowed to operate.
Once an application has been accepted by the Town Council, the business will
be allowed to remain open until notification that a request for a license
has been denied.
D.
Any person desiring an adult entertainment license shall
file with the Town Clerk an original and two copies of a fully completed and
sworn license application on the standard application form supplied by the
Town Clerk. Completeness of the application shall be determined by the Town
Clerk. Each such person and each owner and principal owner, member of a limited
liability company, officer, director, or any person holding 10% or more of
the corporate stock of a corporation, and all managers, shall be named in
the application form, and each of the persons so named shall submit a complete
application complying with the following:
(1)
A completed application shall contain the following information
and shall be accompanied by the following documents:
(a)
If the applicant is:
[1]
An individual, the individual shall state his/her legal
name and any aliases, date of birth, social security number, and submit satisfactory
proof that he/she is 21 years of age; or
[2]
A legal entity, or other recognized entity, the applicant
shall state its complete name, the date and place of its organization, evidence
that it is in good standing under the laws of the state in which it is organized,
and if it is organized under the laws of a state other than Rhode Island,
that it is registered to do business in Rhode Island, the names and any aliases,
the date of birth, social security numbers, and capacity of all officers,
directors, managers and principal owners, and the name of the registered agent
and the address of the registered office for service of process, if any.
(b)
If the applicant intends to operate the adult entertainment
use under a name other than that of the applicant, the applicant must state
the use's fictitious name.
(c)
Whether the applicant or any of the other individuals listed in § 83-3D(1)(a) have been convicted of a specified criminal act within the times set forth in § 83-5D(1)(i), and if so, the specified criminal act involved, the date and place of conviction.
(d)
Whether the applicant or any of the other individuals listed in § 83-3D(1)(a) has had a previous license under his or any other type of adult entertainment licensing process, law, or ordinance form any type of governmental entity anywhere in the United States, denied, suspended or revoked, and if so, the name and location of the adult entertainment use for which the license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation.
(e)
Whether the applicant or any of the other individuals listed in § 83-3D(1)(a) has been a partner in a partnership, or a principal owner of a corporation or legal entity or other recognized legal entity whose license under this or any other type of adult entertainment licensing process, law, or ordinance form any type of governmental entity anywhere in the United States, denied, suspended or revoked, and if so, the name and location of the adult entertainment use for which the license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation.
(f)
Whether the applicant or any of the other individuals listed in § 83-3D(1)(a) hold any other licenses under this chapter or any other type of adult entertainment licensing process, law, or ordinance from any type of governmental entity anywhere in the United States, and, if so, the names and locations of such other licensed uses.
(g)
The location of the proposed use, including a legal description
of the property, the street address, and all telephone numbers, if any.
(h)
Proof of ownership or the applicant's right to possession
and use of the property.
(i)
The applicant's mailing address and residential address.
(j)
A sketch or diagram showing the configuration of the
premises, including a statement of total floor space occupied by the use,
and showing all interior walls and rooms, said diagram being oriented to the
North or some designated street or object and shall be drawn to a designated
scale with marked dimensions of the interior of the premises to an accuracy
or plus or minus six inches.
(k)
A current certificate straight-line drawing prepared
within 30 days prior to an initial application by a Rhode Island registered
land surveyor depicting the property lines and structures for a radius of
2,500 feet from the proposed use, and listing the type of use of each structure
within the radius.
(l)
If a person who wishes to obtain a license under this
chapter is an individual, he/she must sign the application for an adult entertainment
license as applicant upon pain and penalty of perjury. If the person is other
than an individual, each owner and principal owner of the use must sign the
application for an adult entertainment license as applicant upon pain and
penalty of perjury.
(2)
The Town Clerk shall determine the completeness of the
application, and if the application complies it will be accepted for consideration
by the Town Council.
E.
Applicants for license under this chapter shall have
a continuing duty to promptly supplement application information required
herein in the event that said information changes in any material way from
what is stated on the application. The failure to comply with said continuing
duty within 30 days from the date of such change shall be grounds for suspension
of a license.
F.
In the event that the Town Clerk determines or learns
at any time that the applicant has improperly completed the application for
an adult entertainment license, the Clerk will promptly notify the applicant
of such fact and allow the applicant to properly complete the application.
G.
The application process described herein must be repeated
for each year that licensee wishes to renew a license.
H.
The applicant shall pay a nonrefundable application fee
of $150 at the time of filing an application under this chapter and at the
time of filing of each annual renewal.
I.
The fact that the applicant possesses other types of
federal, state, or Town licenses does not exempt such applicant from the requirement
for obtaining a license issued pursuant to this chapter.
Upon receipt of a completed application and upon payment of the nonrefundable
application fee, the Town Clerk shall immediately stamp the application as
filed which shall constitute initial acceptance of the application. The Town
Clerk will then send photocopies of the application to the Police Department,
the Building Officials Department, and any other affected department or agency.
Each department or agency shall promptly conduct an investigation of the applicant,
application, and proposed use in accordance with its responsibilities. Said
investigation shall be completed within 40 days of the date the application
was deemed complete by the Town Clerk. At the conclusion of an investigation,
each department or agency shall indicate on the photocopy of the application
its approval or disapproval, date and sign the photocopy of the application,
and, in the event of disapproval, state the reasons therefor. Each department
or agency shall then return the photocopy of the application to the Town Clerk
for forwarding to the Town Council.
A.
Once all necessary departments and agencies have returned
the photocopies of the application to the Town Clerk, the application will
be placed on the agenda for the next scheduled Town Council meeting for public
hearing and consideration of the application.
B.
The Town Council shall conduct a review of the application
and investigation as part of the public hearing and consideration of the application.
The Council shall require the presence of the applicant at the public hearing
and may solicit or hear the testimony of any interested party or member of
the general public.
C.
Issuance.
(1)
The Town Council may direct the Town Clerk to issue the license unless one or more of the criteria set forth in Subsection D(1) below is present.
(2)
The license, if issued, shall state on its face the name of the person or persons to whom it is issued, the expiration date, and the address of the use. The license shall be posted in a conspicuous place at or near the entrance to the use. A license issued under this chapter shall be transferable only pursuant to the requirements of § 83-11 herein.
D.
Denial.
(1)
The Town Council shall deny a request for issuance of
a license for any of the following reasons:
(a)
An applicant is under 21 years of age.
(b)
In the case of renewal, if the applicant is overdue in
payment to the Town of taxes, fees, fines, or penalties assessed or imposed
upon the use or its property.
(c)
An applicant has failed to provide any information required
by this chapter for the issuance of the license or has falsely answered a
question on the application form or request for information.
(d)
The premises for the use have been disapproved by an
inspecting agency on the grounds that the proposed use is in violation of
any standard, regulation, law or ordinance adopted or administered by such
agency.
(e)
The application or license fees have not been paid.
(f)
An applicant is found to be in violation of, or is not
in compliance with, any relevant statutes, codes, ordinances, regulations
or other laws in effect in the Town.
(g)
The granting of the application would violate a court
order issued out of any court of competent jurisdiction.
(h)
The applicant has had a license issued under this chapter
which has been suspended or revoked within the previous 12 months.
(i)
An applicant has been convicted of a specified criminal
act or acts for which:
[1]
Less than two years have elapsed since the date of the
conviction or the date of the release from confinement, whichever is the later
date, if the conviction is for a misdemeanor offense; or
[2]
Less than five years have elapsed since the date of the
conviction or the date of the release from confinement, whichever is the later
date, if the conviction is for a felony offense; or
[3]
Less than five years have elapsed since the date of the
conviction or the date of the release from confinement, whichever is the later
date, if the convictions are for two or more misdemeanor offenses; or
[4]
An appeal is currently pending for the conviction of
any misdemeanor or felony.
(j)
The corporation for which a license has been issued or
requested is not in good standing as required by the Secretary of State or
Tax Administrator of the state in which the corporation is incorporated.
(k)
If an applicant has had a license issued under this or
any other type of adult entertainment licensing process from another city,
town, county, state, or country denied, suspended, or revoked for cause within
five years of the date of the application.
(2)
In the event that the Town Council denies a request for
issuance of a license after a public hearing thereon, the Council shall make
written findings of fact stating the reason for the denial and will so notify
the applicant within five days of such decision. The decision of the Town
Council shall constitute a final decision for all purposes.
(3)
Notwithstanding any other time periods set forth in this
chapter, no entertainment license shall be issued by the Town Clerk until
the building in which the use is to be housed is ready for occupancy with
such furniture, fixtures, and equipment in place as is necessary to comply
with the provisions of this chapter as well as any other requirements determined
by the building official, and then only after inspection of the premises has
been made by the building official to determine that the applicant has complied
with the plans and specifications submitted upon application.
(4)
Notification under this chapter shall mean a mailing
to the licensee by regular mail, postage prepaid, at the address listed on
the license application, and the effective date for the notice shall be counted
from the date of such mailing.
A.
The annual license fee, including renewal fee, for an adult entertainment license shall be $500. This fee does not include the application fee required by § 83-3H.
B.
The annual license fee, including renewal fees, for a
manager's, entertainer's or server's entertainment license shall be $100.
C.
The annual license fees shall be payable to the Town
of Johnston General Fund.
A.
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 83-3 (for renewals, filing of the original survey shall be sufficient) of this chapter and payment of the application fee. Application for renewal of a license shall be made at least 60 days before the expiration date of the license. If a renewal application is submitted less than 60 days before the expiration date of the license, the expiration date of the license will not be continued and the applicant/licensee will be accepting the risk that the request for a renewal of the license may not be completed in time to ensure continuous operation of the business. An expired license is invalid.
B.
The Town Council may deny a request for a renewal on the same grounds as stated in § 83-5D(1) or (3). If the Council denies a request for renewal of license and then finds that the basis for the denial has been corrected, the applicant shall be so notified and a renewal of the license will be processed if at least 30 days have elapsed since the date the application for renewal was denied and the correction has occurred within six months of submitting the application for renewal.
A.
The Town Council shall suspend a license if it finds
that:
(1)
A licensee, owner, principal owner or a manager has:
(a)
Violated or is not in compliance with any section of
this chapter or has been convicted of, or pleaded guilty or nolo contendere
to, any specified criminal acts; or
(b)
Been found to have operated, or been found guilty of
operating the use, in violation of a building, fire, health, or zoning statute,
code, ordinance or regulation, whether federal, state or local, said determination
being based on investigation by the division, department, or agency charged
with enforcing said rules or laws. In the event of such a statute, code, ordinance
or regulation violation, and if the violation is of a type that can be corrected,
the Council shall notify the licensee of the violation and shall allow the
licensee a seven-day period in which to correct the violation. If the license
fails to correct the violation before the expiration of the seven-day period,
the Council shall forthwith suspend the license and notify the licensee of
the suspension; or
(c)
Engaged in a license transfer contrary to § 83-11 of this chapter. In the event that the Town Council suspends a license on the grounds that a licensee engaged in a license transfer contrary § 83-11 of this chapter, the Council shall forthwith notify the licensee of the suspension. The suspension shall remain in full force and effect until the procedure for transfer as set forth in § 83-11 has been followed; or
(d)
Failed to comply with the continuing duty of an applicant or licensee to supplement an application requesting issuance of a license pursuant to § 83-3E herein; or
(e)
Operated under the license when the corporation in whose
name the license is held is no longer in good standing according to the Secretary
of State or Tax Administrator of the state in which the corporation is incorporated.
B.
In the event the Town Council determines a license should be suspended, after having received information demonstrating or evidencing violation of § 83-8, the Council shall make written findings of fact stating the reasons for the suspension and will so notify the licensee within five days of such decision. All license suspensions under this section shall be for a period of 30 days. The 30 days shall commence 11 calendar days from the date the Town Council notifies the licensee of the grounds for the suspension. In the event that the violation of the statute, law, ordinance or regulation in question has not been corrected within the thirty-day suspension period, the suspension will continue until the violation has been corrected, as verified by appropriate authority having jurisdiction over the violation. If the violation has not been corrected within six months the Town Council shall have the authority to revoke the license according to the procedures set forth in § 83-10.
C.
A licensee shall be entitled to a show-cause hearing
before the Town Council as to why the license should not be suspended under
this section. The licensee shall have 10 days to request such hearing after
the licensee has received notice of the decision to suspend the license. Upon
request the Council shall schedule a show-cause hearing within 14 days of
receipt of the request and will so notify the licensee of the date, time and
place of such hearing.
A.
Where the Town Council has reasonable grounds to believe
and finds that a licensee has been guilty of a willful violation of any applicable
law, ordinance, rule or regulation, and, as a result, there exists an imminent
threat to the public health, safety and welfare which requires emergency action,
the Town Council may temporarily and summarily suspend the license pending
a request for proceedings by the license.
B.
The temporary suspension of a license without notice pending any prosecution, investigation, or public hearing shall be for a period not to exceed 15 days. The licensee, during this time period, may request a hearing provided for in § 83-10D. If the licensee does not request a hearing within said 15 days, then the license shall remain suspended for an additional fifteen-day period or until the reason for the summary suspension and imminent threat to the public health, safety and welfare has been eliminated. If the reason for the summary suspension has not been corrected within six months, the Town Council will have the authority to revoke the license according to the procedures set forth in § 83-10.
A.
The Town Council shall revoke a license upon determining
that:
(1)
A cause for suspension as set forth in § 83-8 of this chapter occurs and the license had previously been suspended within the preceding 12 months; or
(2)
A license has been suspended under § 83-8 and the licensee has failed to correct the violation for which the license was suspended within six months; or
(3)
A licensee, owner, principal owner, or manager gave false
or misleading information in the material submitted during the application
process; or
(4)
A licensee, owner, principal owner, manager, or employee
has allowed possession, use, or sale of controlled substances to occur on
the licensed premises of the use; or
(5)
A licensee, owner, principal owner, manager, or employee
has allowed prostitution to occur on the licensed premises of the use; or
(6)
A licensee, owner, principal owner, manager, or employee
has operated the use during a period of time when the licensee's license was
suspended; or
(7)
A licensee, owner, principal owner, manager, or employee has been convicted of a specified criminal act for which the time period set forth in § 83-5D(1)(i) of this chapter has not elapsed; or
(8)
A licensee, owner, manager, or employee has committed
an act or action which occurred on the premises of the use, which act or actions
constituted a specified criminal act for which a conviction had been obtained,
or a plea of guilty or nolo contendere had been entered; the fact that a conviction
is being appealed shall not stay the revocation of the license; or
(9)
A licensee, owner, principal owner, manager, or employee
is delinquent in payment to the Town for any taxes, fees, or other financial
obligations; or
(10)
A licensee, owner, principal owner, manager, or employee
has allowed any specified sexual activity to occur in or on the premises of
the use; or
(11)
A licensee, owner, principal owner, manager, or employee
has allowed any activity, conduct or sale of material that has been found
by a court of law to be obscene; or
(12)
A licensee, owner, principal owner, manager, or employee
has operated more than one use within the same building, structure, or portion
thereof.
B.
In the event the Town Council determines a license should be revoked, after having received information demonstrating or evidencing a violation of § 83-10, the Council shall make written findings of fact stating the reasons for the revocation and will so notify the licensee within five days of such decision. A licensee shall be entitled to request a show-cause hearing in the event the Council determines that a revocation is warranted. A request for a hearing must be received by the Town Council within 10 days of the notification of revocation to the licensee. If the Council receives no request for hearing within 10 days of notification, the decision to revoke the license is final. The Town Council will schedule any requested hearing within 14 days of the receipt of the request and will so notify the licensee of the date, time and place of the hearing. The hearing shall follow the relevant procedures of § 83-10D herein.
C.
All revocations shall be for a period of two years. A
licensee, owner or principal owner who has had a license revoked shall be
ineligible to apply for a license for two years from the date the revocation
became effective.
D.
A licensee shall be entitled to a show-cause hearing
before the Town Council if the Council seeks to suspend or revoke a license
issued pursuant to this chapter, for reasons stated herein, pursuant to the
following procedure:
(1)
The Town Council shall hear statements and consider all
evidence from the Police Department or other enforcement officers, the licensee,
the owner, the principal owner, or other affected department, or that any
other witness shall offer which is relevant to the violation of any statute,
law, ordinance or regulation alleged to have occurred. The hearing shall be
an informal quasi-judicial hearing with the rules of evidence used as a guide
for the presentation of evidence. All testimony by witnesses must be sworn
testimony; the stenographer of the Council shall swear in all witnesses. The
Council shall make findings of fact and issue an order from the statements,
evidence, and arguments offered by proof which reaches a preponderance of
the evidence. If the Council determines that grounds exist for suspension
or revocation of the license it shall issue an order suspending or revoking
the license. The order shall be prepared within 30 calendar days after the
hearing is concluded. A copy of the order shall be mailed, postage prepaid,
or served on the licensee or owner at the address shown on the license.
(2)
The Town Council shall have the power to issue subpoenas
and grant continuances when necessary. Subpoenas may be issued to require
the presence of persons and/or the production of papers, books, records or
other documents necessary for a fair determination of any issue presented
at the hearing.
(3)
The licensee, owner or principal owner may be represented
by counsel at all hearings. The Town Solicitor will act on behalf of the Town
during the hearings.
(4)
All hearings before the Town Council shall be recorded
stenographically. Any person requesting a transcript of such hearing shall
post a deposit in the amount required by the Council and shall pay all costs
of preparing such record.
E.
The written order of the Town Council shall constitute
a final decision for all purposes.
F.
In the event of a suspension or revocation of a license,
or the cessation of the use for any reason, no portion of the license fee
shall be refunded.
A.
The adult entertainment license granted under this chapter
is valid only at the location and address designated in the application for
license.
B.
A licensee shall not transfer a license issued under
this chapter either directly or indirectly to any person unless and until
such person satisfies the following requirements:
C.
No license may be transferred when the Town Council has
notified the licensee that suspension or revocation proceedings have been
or will be brought against the licensee.
D.
A license cannot be transferred to a different location.
E.
A license issued under this chapter is invalid if there
is any attempt to transfer the license either directly or indirectly in violation
of this section.
A.
After the issuance of a license, the licensee shall make no physical change, alteration or modification of the license premises which materially or substantially alters the licensed premises or the usage of the licensed premises from the plans and specifications submitted at the time of obtaining the original license. If the licensee wishes to make a physical change, alteration or modification the licensee must apply for a new license under the application provisions in § 83-3.
B.
For purposes of this § 83-12, physical changes, alterations or modifications of the licensed premises, or in the usage of the licensed premises, requiring prior written consent, shall include, but not be limited to, the following:
(1)
Any increase or decrease in the total size or capacity
of the licensed premises;
(2)
The sealing off, creation of or relocation of a entryway,
doorway, passage or other such means of public ingress or egress;
(3)
Any material change in the interior of the licensed premises
that would alter or affect the physical structure that existed in the floor
plan on file with the latest application. The foregoing shall not apply to
painting and redecorating of the premises; the installation or replacement
of electric fixtures or equipment, plumbing, refrigeration, air conditioning
or heating fixtures and equipment; the installation and replacement of floor
coverings; the replacement of furniture and equipment, and other similar changes.
A.
It is unlawful for any person to work as a manager, entertainer,
or server in a use with an adult entertainment license issued under this chapter,
without the manager, entertainer, or server first obtaining a manager, entertainer,
or server's adult entertainment license from the Town, or to work as a manager,
entertainer, or server at such a licensed use after such person's entertainment
license to do so has been suspended or revoked.
B.
All persons desiring to secure a manager's, entertainer's,
or server's entertainment license shall make a verified application to the
Johnston Town Council. All applications shall be submitted in the individual
name of the person seeking such entertainment license with a designation of
the type of entertainment license desired to wit, a manager, an entertainer
or a server. All applications shall be submitted on a form supplied by the
Town Clerk and shall require the following information:
(1)
The applicant's full name and any aliases or other names
by which the applicant is known or which the applicant has used at any time
and the current and previous residence addresses for the past two years, the
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 use and employer with an
adult entertainment license where the applicant intends to work under the
auspices of their manager's, entertainer's, or server's adult entertainment
license, and an "intent to hire" statement from the licensed employer, or
an employer awaiting licensing, that the employer intends to hire the applicant
to manage, entertain, or serve on the premises;
(3)
A statement from the applicant that the applicant has
not been convicted of, or pleaded guilty or nolo contendere to, or diverted
from prosecution for, specified criminal acts within the past two years preceding
the date of application; and
(4)
Certified documentation that the applicant has attained
the age of 21 years at the time the application is submitted, said documentation
to be photocopied by the Town Clerk and kept on file. 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 or birth; or
(b)
A state-issued identification card bearing the applicant's
photograph and date of birth; or
(c)
An official and valid passport issued by the United States
of America; or
(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 Town Council; or
(f)
Any other form of identification that is deemed reliable
by the Town Council.
C.
All complete applications shall be placed on the agenda
of the next Council meeting after the date of the application. The Council
shall issue the individual entertainment license unless:
(1)
The applicant is under the age of 21; or
(2)
The applicant has failed to provide the information required
by this section, failed to completely fill out the application, or has provided
false or misleading data on the application; or
(3)
The appropriate license fee has not been paid; or
(4)
The applicant has been convicted of, pleaded guilty to,
pleaded nolo contendere to, or diverted from prosecution for a specified criminal
act within the past two years; or
(5)
The applicant has had an adult entertainment license
suspended or revoked by the Town of Johnston within the past two years for
violations of this chapter.
E.
All manager's, entertainer's, and server's adult entertainment licenses are issued to the named individual on the application and are neither transferable nor negotiable, and are valid for a period of one year from the date of issue, with renewal pursuant to the pertinent requirements of § 83-7, and are valid only at the premises stated in the yearly application. All changes in employer or location will require a new application for licensing.
A.
A license shall permit representatives of the Building
Official's office, the Fire Department, or the Police Department to inspect
the premises of the use for the purpose of ensuring compliance with all applicable
statutes, laws, codes, ordinances and regulations, at any time it is occupied
by anyone or open for business.
B.
All adult entertainment licenses granted under this chapter
shall be displayed as follows:
(1)
Every use shall post its adult entertainment license
in a conspicuous place and manner on the premises housing the use.
(2)
Every person holding a manager's, entertainer's, or server's
adult entertainment license shall post said license in their work area on
the premises so that it shall be readily available for inspection
by the Town authorities responsible for enforcement of this chapter.
C.
A manager shall be on duty at all times the premises
are open for business with the following requirements:
(1)
The manager will possess a valid manager's adult entertainment
license, and the name of the manager on duty shall be prominently posted during
that manager's shift.
(2)
It shall be the responsibility of the manager to verify
that any person who works as an entertainer or server at the use possesses
a current and valid adult entertainment license pursuant to this chapter and
that such licenses are prominently displayed.
D.
A licensee who exhibits films, video cassettes or other
video reproductions in a peep booth shall comply with the following requirements:
(1)
There must be one or more managers' stations;
(2)
At least one employee must be on duty and situated at
a manager's station at all times that any patron is upon the licensed premises;
(3)
The interior of the licensed premises shall be configured
in such a way that there is an unobstructed view from the manager's station
of every area to which any patron is permitted access for any purpose, excluding
rest rooms. Rest rooms may not contain video display equipment. If there are
two manager's stations designated, then the interior shall be configured in
such a manner that there is an unobstructed view of each area to which a patron
is permitted access for any purpose from at least one of the manager's stations.
The view required by this subsection must be by direct line of sight from
the manager's station. The view area shall remain unobstructed by any doors,
walls, merchandise, display racks, or other materials at all times. There
must be designated areas on the premises where patrons are not allowed, said
area to equal 10% of the total floor space of the use premises, and such areas
must be clearly posted as to no patron entry;
(4)
No peep booth may be occupied by more than one person
at any one time; and
(5)
No door shall be placed on any peep booth, and no holes
or openings shall be placed or allowed to remain in the wall between any two
adjacent peep booths.
E.
All adult cabarets must meet the following requirements:
(1)
All adult cabarets shall have one or more separate areas
designated as a stage in the diagram submitted as part of the application
process for the adult entertainment license;
(2)
All entertainers shall perform only upon the stage;
(3)
The stage must be raised at least two feet above the
primary level of the customer floor and be fixed and immovable;
(4)
No seating for the audience shall be permitted within
five feet of the edge of the stage; and
(5)
No members of the audience shall be permitted upon the
stage or within five feet of the edge of the stage.
F.
All adult entertainment licenses are issued with the
following restrictions:
(1)
No employee, server, customer, patron or other person,
other than an entertainer as provided herein, shall appear on the licensed
premises while nude, unclothed, in less than opaque attire, or otherwise in
any fashion that exposes to the view of any other person any specified anatomical
area;
(2)
No entertainer, licensed or subject to licensing under
this chapter, shall appear or perform in any licensed use while nude, unclothed,
in less than opaque attire or costume, or otherwise in any fashion that exposes
to the view of any other person any of the specified anatomical areas except
under the following conditions and restrictions:
(3)
No employee of the licensee shall receive tips from the
patrons except as follows:
(a)
A licensee wanting to provide for tips from its patrons
to its servers, entertainers, and managers shall establish a tip box or other
container to receive tips.
(b)
All tips for such employees shall be placed by the patrons
into the tip box.
(c)
Any licensee which offers a tip box shall post one or
more signs to be conspicuously visible to the patrons on the premises in letters
at least two inches in height and the coloring of the letters is to be in
clear contrast to the background and is to read as follows:
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ALL TIPS ARE TO BE PLACED IN THE TIP BOX AND NOT HANDED DIRECTLY TO
THE EMPLOYEES. ANY PHYSICAL CONTACT BETWEEN THE PATRONS AND THE EMPLOYEE IS
STRICTLY PROHIBITED.
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(d)
No employee is permitted to demand any gratuity from
any patrons or customers for any services or entertainment.
(4)
No employee of the licensee, nor any customer or patron,
shall perform any specified sexual activities as defined in this chapter.
(5)
No employee of the licensee, nor any customer or patron,
shall engage in any act of prostitution.
(6)
No employee of the licensee, nor any customer or patron,
shall touch, fondle, or caress any specified anatomical area of another person,
nor permit another person to touch, fondle, or caress any specified anatomical
area of such employee of the licensee or any customer or patron, whether such
specified anatomical areas are clothed, unclothed, covered or exposed.
(7)
No licensee, or employee of the licensee, shall:
(a)
Permit alcoholic liquors or cereal malt beverages to
be sold, brought upon, or consumed on the premises of the licensed use;
(b)
Allow or permit the sale, distribution, delivery, or
consumption of any controlled substance or illegal drug or narcotic on the
premises of the licensed use;
(c)
Allow or permit any person under the age of 21 on the
premises of the licensed use;
(d)
Allow or permit any act of prostitution or patronizing
or solicitation of prostitution on the premises of the licensed use; or
(e)
Allow or permit a violation of this chapter, any other
Town ordinance, or other state or federal law on the premises of the licensed
use.
(9)
The licensee, or any employee of the licensee, shall
not allow or permit anyone under the age of 21 to be in or upon the licensed
premises.
A.
It shall be unlawful for any person to provide adult
entertainment in the Town of Johnston if:
(1)
The use or business does not have an adult entertainment
license issued under this chapter;
(2)
The adult entertainment license issued under this chapter
is under suspension, revoked, or expired;
(3)
The licensee employs any manager, server, or entertainer
who does not hold the applicable adult entertainment licensed under this chapter;
or
(4)
The licensee has not paid all applicable application
fees or license fees.
B.
It shall be unlawful for any licensee to allow or permit
the following:
C.
Penalties for the violation of any section of this chapter
shall be as follows:
(1)
For a first offense, any violation shall be punishable
by a fine in a minimum amount of $50 and a maximum amount of $200, plus all
applicable court costs;
(2)
For a second offense and all subsequent offenses, any
violation shall be punishable by a fine in a minimum amount of $200 and a
maximum amount of $500, plus all applicable court costs;
(3)
Any violation of this chapter by a license holder subjects
the holder to the suspension and revocation procedures under this chapter;
and
(4)
Each day a violation occurs under this section shall
be considered a separate and distinct violation.
