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1. It is unlawful for a person to operate a sexually oriented business without a valid permit issued by the City Council.
2. An application for a permit must be made on a form provided by the City. The application must be accompanied by a sketch or a diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
3. The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the law by the Health Department, Fire Department, Building Official, and Zoning Official.
4. If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a permit as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten percent (10%) or greater interest in the business must sign the application for a permit as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity that wishes to operate such a business, each individual having a ten percent (10%) or greater interest in the corporation must sign the application for a permit as applicant.
5. The fact that a person possesses other types of State or City permits and/or licenses does not exempt said person from the requirement of obtaining a sexually oriented business permit.
6. Applications for a permit, whether original or renewal, must be made to the Police Chief by the intended operator of the enterprise. Applications must be submitted by hand delivery to the office of the Police Chief during regular working hours. Application forms shall be supplied by the Police Chief. The intended operator shall be required to give the following information on the application form:
A. The name, street address (and mailing address if different) and Iowa driver’s license number of the intended operator;
B. The name and street address (and mailing address if different) of the owner;
C. The name under which the establishment is to be operated and a general description of the services to be provided;
D. The telephone number of the establishment;
E. The address and legal description of the tract of land on which the establishment is to be located;
F. If the establishment is in operation, the date on which the owner acquiring the establishment began operations as a sexually oriented business at the location for which the permit is sought; and
G. If the establishment is not in operation, the expected start-up date (which shall be expressed in number of days from the date of issuance of the permit). If the expected start-up date is to be more than 10 days following the date of issuance of the permit, then a detailed explanation of the construction, repair or remodeling work or other cause of the expected delay and a statement of the owner’s time schedule and plan for accomplishing the same.
H. Statement that the applicant has not been convicted of a felony or released from confinement for conviction of a felony, whichever event is later, within five years immediately preceding the application, or has not been convicted of a misdemeanor or released from confinement for conviction of a misdemeanor, whichever event is later, within two years immediately preceding the application, where such felony or misdemeanor involved sexual offenses, prostitution, sexual abuse of a child or pornography and related offenses, as defined in the Code of Iowa, Federal law, or the statutes of any other state, or controlled substance or illegal drugs or narcotics offenses, as defined in the Code of Iowa, Federal law or the statutes of any other state, or has not been convicted of a municipal ordinance violation or released from confinement for conviction of a municipal ordinance violation, whichever event is later, within two years immediately preceding the application, where such municipal ordinance violation involved indecent exposure, prostitution or the possession or sale of controlled substances or illegal drugs or narcotics.
7. The application shall be accompanied by the following:
A. Payment of the application fee in full.
B. If the establishment is an Iowa corporation, a certified copy of the articles of incorporation, together with all amendments thereto.
C. If the establishment is a foreign corporation, a certified copy of the certificate of authority to transact business in the State, together with all amendments thereto.
D. If the establishment is a partnership formed under the laws of the State, a certified copy of the certificate of partnership, together with all amendments thereto.
E. If the establishment is a foreign partnership, a certified copy of the certificate of partnership and the qualification documents, together with all amendments thereto.
F. Proof of the current fee ownership of the tract of land on which the establishment is to be situated in the form of a copy of the recorded deed.
G. If the persons identified as the fee owners of the tract of land in item F are not also the owners of the establishment, then the lease, purchase contract, purchase option contract, lease option contract or other document evidencing the legally enforceable right of the owners or proposed owners of the establishment to have or obtain the use and possession of the tract or portion thereof that is to be used for the establishment for the purpose of the operation of the establishment.
H. Any of items B through G above shall not be required for a renewal application if the applicant states that the documents previously furnished the Director with the original application or previous renewals thereof remain correct and current.
8. The application shall contain a statement under oath that:
A. The applicant has personal knowledge of the information contained in the application and that the information contained therein and furnished therewith is true and correct; and
B. The applicant has read the provisions of this chapter.
9. A separate application and permit shall be required for each sexually oriented business.
1. The Police Chief shall approve the issuance of a permit to an applicant within 30 days after receipt of an application unless the Police Chief finds one or more of the following to be true:
A. An applicant is under eighteen (18) years of age.
B. An applicant or an applicant’s spouse is overdue in the payment to the City of taxes, fines or penalties assessed against said applicant or spouse or imposed in relation to a sexually oriented business.
C. An applicant has failed to provide information reasonably necessary for issuance of the permit or has falsely answered a question or request for information on the application form.
D. An applicant is residing with a person who has been denied a permit by the City to operate a sexually oriented business within the preceding twelve (12) months, or residing with a person whose permit to operate a sexually oriented business has been revoked within the preceding 12 months.
E. The premises to be used for the sexually oriented business has not been approved by the Health Department, Fire Department, Building Official and Zoning Official as being in compliance with applicable laws and ordinances.
F. The permit fee required by this chapter has not been paid.
G. An application of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.
2. The permit, if granted, shall state on its face the name of the person to whom it is granted, the expiration date and the address of the sexually oriented business. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business that it may be easily read at any time.
3. The Health Department, Fire Department, Building Official, and Zoning Official shall complete their certification that the premises is in compliance or not in compliance within 20 days of receipt of the application by the Police Chief. The certification shall be promptly presented to the Police Chief.
4. In the event that the Police Chief determines that an applicant is not eligible for a permit, the applicant shall be given notice in writing of the reasons for the denial within 45 days after the receipt of the application by the Police Chief, provided that the applicant may request, in writing, that such period be extended for an additional period of not more than 10 days at any time before the notice is issued in order to make modifications necessary to comply with this chapter.
5. An applicant may appeal the decision of the Police Chief regarding a denial to the Council by filing a written notice of appeal with the Clerk within 15 days after the applicant is given notice of the Police Chief’s decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The Police Chief may submit a memorandum in response to the memorandum filed by the applicant on appeal to the Council. After reviewing such memoranda, as well as the Police Chief’s written decision, if any, and exhibits submitted to the Police Chief, the Council shall vote either to uphold or overrule the Police Chief’s decision. Such vote shall be taken within 21 calendar days after the date on which the Clerk receives the notice of appeal. However, all parties shall be required to comply with the Police Chief’s decision during the pendency of the appeal.
6. The Police Chief shall conduct a background investigation of all applicants including a check of the applicants’ background by the Department of Criminal Investigation.
An applicant or permittee shall permit representatives of the Police Department or other City or State department or agencies to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business.
1. Each permit shall expire one year after the date of issuance and may be renewed only by making application as provided herein. Application for renewal should be made at least 30 days before the expiration date and when made less than 30 days before the expiration date, the expiration of the permit will not be affected.
2. When the Director denies renewal of a permit, the applicant shall not be issued a permit for one year from the date of denial. If, subsequent to the denial, the Director finds that the basis for denial of the renewal permit has been corrected or abated, the applicant may be granted a permit if at least a 90-day period has elapsed since the date the denial became final.
The Director shall suspend a permit for a period not to exceed 30 days if it is determined that the permittee or an employee of a permittee has:
1. Violated or is not in compliance with any section of this chapter;
2. Become impaired or intoxicated through the use of alcoholic beverages or controlled substances while on the sexually oriented business premises;
3. Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter;
4. Knowingly permitted illegal gambling by any person on the sexually oriented business premises.
1. The Director shall revoke a permit if a cause of suspension in Section 140.09 occurs and the permit has been suspended within the preceding twelve (12) months.
2. The Director shall also revoke a permit if it is determined that:
A. A permittee gave false or misleading information in the material submitted during the application process.
B. A permittee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises.
C. A permittee or an employee has knowingly allowed prostitution on the premises.
D. A permittee or an employee knowingly operated the sexually oriented business during a period of time when the permittee’s permit was suspended.
E. A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sexual conduct to occur in or on the premises.
F. A permittee is delinquent in the payment to the City or State for any taxes or fees past due.
G. The owner or operator of the establishment knowingly allowed a person under eighteen (18) years of age to enter an establishment.
H. There was a change of owner or operator for which a transfer application was not filed in a timely manner.
3. When the Director revokes a permit, the revocation shall continue for one year, and the permittee shall not be issued a sexually oriented business permit for one year from the date revocation became effective. If, subsequent to revocation, the Director finds that the basis for the revocation has been corrected or abated, the applicant may be granted a permit if at least a 90-day period has elapsed since the date the revocation became effective.
Sexually oriented business shall be permitted in any C-3 zoned commercial district, provided that:
1. The sexually oriented business may not be operated within 1,000 feet of:
A. A church, synagogue or regular place of religious worship;
B. A public or private elementary or secondary school;
C. A boundary of any residential district;
D. A public park;
E. A licensed day-care center; or
F. Another sexually oriented business.
2. A sexually oriented business may not be operated in the same building, structure, or portion thereof, containing another sexually oriented business.
3. For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, synagogue, regular place of worship or public or private elementary or secondary school or to the nearest boundary of an affected public park, residential district or residential lot, or licensed day-care center.
4. For purposes of subsection 3 of this section, the distance between any two sexually oriented business uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
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