Loading...
(A) It shall be unlawful for any person to operate a sexually oriented business in the city without a valid sexually oriented business license or to employ an employee as defined in § 114.02 who does not have a sexually oriented business employee license.
(B) It shall be unlawful for any person to be an "employee," as defined in § 114.02, of a sexually oriented business in the city without a valid sexually oriented business employee license.
(C) (1) An applicant for a sexually oriented business license or a sexually oriented business employee license shall file the application at the office of the City Clerk-Treasurer or his or her designee a completed application made on a form provided by the Clerk-Treasurer. The application shall be signed by the applicant and notarized. The applicant shall submit one original and three copies of the application in an envelope provided by the Clerk-Treasurer. An application shall be considered complete when it complies with and contains the information required in this section, including the following:
(a) The applicant's full true name and any other names used in the preceding five years;
(b) Current business address or another mailing address of the applicant;
(c) Written proof of age, in the form of a copy of a birth certificate or a picture identification document issued by a governmental agency;
(d) If the application is for a sexually oriented business license, the business name, the classification of sexually oriented business (as set forth in § 114.03), location, legal description, mailing address, and phone number (if one currently exists) of the proposed sexually oriented business;
(e) If the application is for a sexually oriented business license, the name and address of the statutory agent or other agent authorized to receive service of process;
(f) The applicant's address for purposes of receiving certified mail or other notices from the city as provided herein; and
(g) The names of all employees of the sexually oriented business who are required to be licensed pursuant to this chapter.
(2) The information provided pursuant to divisions (1) through (7) of this subsection shall be supplemented in writing by certified mail, to the Clerk-Treasurer, within ten business days of a change of circumstances which would render the information originally submitted false or incomplete. This requirement includes a continuing requirement on the part of the applicant and/or licensee to supplement the names of employees of the sexually oriented business who are required to be licensed pursuant to this chapter and the names of licensed employees who no longer are employed by the sexually oriented business.
(D) An application for a sexually oriented business license shall be accompanied by a sketch or 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 shall 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. Applicants who are required to comply with §§ 114.14 and 114.16 of this chapter shall submit a diagram meeting the requirements of those sections.
(E) If a person who wishes to operate a sexually oriented business is an individual, he shall sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each officer, director, general partner or other person who will participate directly in decisions relating to management and control of the business shall sign the application for a license as applicant. Each applicant must be qualified under § 114.05 and each applicant shall be considered a licensee if a license is granted.
(F) A person who possesses a regular business license is not exempt from the requirement, if applicable, of obtaining a sexually oriented business license and complying with the regulations in this chapter. A person who operates a sexually oriented business and possesses a video center license or theater license shall comply with the requirements and provisions of this chapter, when applicable.
(G) The information provided by an applicant in connection with an application for a license under this chapter shall be maintained by the Clerk-Treasurer on a confidential basis, except that such information may be disclosed only to law enforcement agencies in connection with a law enforcement or public safety function, or as may be required by governing law or court order. The information provided by an applicant in connection with the application for a license under this chapter shall be maintained by the Clerk-Treasurer.
(Ord. 2002-10, passed 8-17-02)
(A) Upon the filing of a completed application under § 114.04 for a sexually oriented business license, the Clerk-Treasurer shall within one business day issue a temporary license to the applicant, which temporary license shall expire upon the final decision of the city to deny or grant the license. Within 40 days of the initial filing date of the completed application, the Clerk-Treasurer shall either issue a license to the applicant or issue a letter of intent to deny the application. The Clerk-Treasurer shall issue the license to the applicant unless one or more of the following is found to be true:
(1) An applicant is less than 18 years of age;
(2) An applicant has failed to provide information as required by § 114.04 for issuance of a license or has falsely answered a question or request for information on the application form;
(3) The license application fee required by this chapter has not been paid;
(5) The proposed sexually oriented business is located in a zoning district other than an A (Agricultural) District or B-3 (Community Business and Retail Shopping) District pursuant to the Zoning Code or is not in compliance with the provisions of §§ 152.170, et seq. of the Zoning Code; or
(6) The premises is not in compliance with the interior configuration requirements of this chapter, as applicable.
(B) Upon the filing of a completed application for a sexually oriented business employee license, the Clerk-Treasurer shall within one business day issue a temporary employee license to the applicant, which temporary license shall expire upon the final decision of the city to deny or grant the license. Within 40 days of the initial filing date of the receipt of a completed application, the Clerk-Treasurer shall either issue a license to the applicant or issue a letter of intent to deny a license to the applicant. The Clerk-Treasurer shall issue a license to the applicant unless one or more of the following is found to be true:
(1) The applicant is less than 18 years of age;
(2) The applicant has failed to provide information as required by § 114.04 for issuance of a license or has falsely answered a question or request for information on the application form;
(3) The license application fee required by this section has not been paid; or
(C) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to the licensee(s), the expiration date, and, if the license is for a sexually oriented business, the address of the sexually oriented business. The sexually oriented business license shall be signed by the Clerk-Treasurer. The sexually oriented business license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time. A sexually oriented business employee shall keep the employee's license on his or her person or on the premises where the licensee is then working or performing at all times and shall produce such license for inspection upon request by a law enforcement officer or other city official performing functions connected with the enforcement of this chapter.
(Ord. 2002-10, passed 8-17-02)
(A) The initial license and annual renewal fees for a sexually oriented business license or a sexually oriented business employee license shall be set by the Common Council at an amount determined by the Council as sufficient to pay the cost of administering this chapter. In no event shall the fees exceed$500 for the initial fee of a business and $250 for annual renewal; and $200 for the initial employee license and $100 for annual renewal.
(B) Fee schedule for sexually oriented business licenses.
Type of Application Amount
Original application for license $300
Renewal application for license $150
Original application for employee license $100
Renewal application for employee license $50
(Ord. 2002-10, passed 8-17-02)
(A) Sexually oriented business operators and sexually oriented business employees shall permit officers or agents of the city who are performing functions connected with the enforcement of this chapter to inspect from time to time, on an occasional basis, the portions of the sexually oriented business premises where patrons are permitted, for the purpose of ensuring compliance with this chapter, at any time the sexually oriented business is occupied by patrons or open for business. A sexually oriented business licensee's knowing or intentional refusal to permit such an inspection shall constitute a violation of this section for purposes of license denial, suspension and/or revocation. This section shall be narrowly construed by the city to authorize reasonable inspections of the licensed premises for purposes of determining compliance with this chapter, but not to authorize a harassing or excessive pattern of inspections.
(B) The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.
(Ord. 2002-10, passed 8-17-02)
Each license shall remain valid for a period of one calendar year from the date of issuance unless otherwise suspended or revoked. Such license may be renewed only by making application and payment of a fee as provided in §§ 114.04 and 114.06. Application for renewal should be made on the same form as the original application, and should be made at least 90 days before the expiration date, and when made less than 90 days before the expiration date, the expiration of the license will not be affected.
(Ord. 2002-10, passed 8-17-02)
The city shall issue by certified mail a letter of intent to suspend a sexually oriented business license for a period not to exceed 30 days if it is determined that the sexually oriented business licensee has knowingly violated this chapter or has knowingly allowed an employee to violate this chapter. The city shall issue, by certified mail, a letter of intent to suspend a sexually oriented employee license if it is determined that the employee has knowingly violated this chapter.
(Ord. 2002-10, passed 8-17-02)
(A) The city shall issue by certified mail a letter of intent to revoke a sexually oriented business license or a sexually oriented business employee license if a cause of suspension in § 114.09 occurs and the license has been suspended within the preceding 12 months.
(B) The city shall issue by certified mail a letter of intent to revoke a sexually oriented business license if the City Clerk-Treasurer determines that:
(1) The sexually oriented business licensee knowingly gave false or misleading information in the application for the sexually oriented business license;
(2) The sexually oriented business licensee knowingly allowed possession, use, or sale of controlled substances on the premises;
(3) The sexually oriented business licensee knowingly allowed prostitution on the premises;
(4) The sexually oriented business licensee knowingly operated the sexually oriented business during a period of time when the license was suspended; or
(5) The sexually oriented business licensee knowingly allowed any specified sexual activity to occur in or on the licensed premises.
(C) The city shall issue by certified mail a letter of intent to revoke a sexually oriented business employee license if the City Clerk-Treasurer determines that:
(1) The licensee has knowingly given false or misleading information in the application for the sexually oriented business employee license;
(2) The licensee knowingly possessed, consumed or sold controlled substances on the premises;
(3) The licensee knowingly engaged in prostitution on the premises;
(4) The licensee acted as an employee in a sexually oriented business during a period of time when his or her sexually oriented business employee license was suspended; or
(5) The licensee knowingly engaged in any specified sexual activity in or on the licensed premises.
(D) The fact that a conviction is being appealed shall have no effect on the revocation of the license.
(E) Nature of revocation. When, after the notice and hearing procedure described in § 114.11, the Hearing Officer revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license or sexually oriented business employee license for one year from the date revocation becomes effective, provided that, if the conditions of § 114.11(B) are met, a provisional license will be granted pursuant to that section. If, subsequent to revocation, the Clerk-Treasurer finds that the basis for the revocation based on division (B)(1) of this section has been corrected or abated, the applicant shall be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under division (B)(2) through (5) of this section, an applicant may not be granted another license until at least one year has elapsed.
(Ord. 2002-10, passed 8-17-02)
(A) (1) If the Clerk-Treasurer determines that facts exist for denial, suspension, or revocation of a license under this chapter, the Clerk-Treasurer shall notify the applicant or licensee ("respondent") in writing of the intent to deny, suspend or revoke the license, including the grounds thereof, by certified mail. Within ten business days of receipt of such notice, the respondent may provide to the Clerk-Treasurer a written response that shall include a statement of reasons why the respondent believes the license should not be denied, suspended, or revoked.
(2) Within five business days of the receipt of respondent's written response, the Clerk-Treasurer shall notify respondent in writing, by certified mail, of the hearing date on respondent's denial, suspension, or revocation proceeding. Within ten business days of the receipt of respondent's written response, the Hearing Officer shall conduct a hearing at which respondent shall have the opportunity to be represented by counsel and present evidence and witnesses on his or her behalf. If a response is not received by the Clerk-Treasurer in the time stated or, if after the hearing the Hearing Officer finds that grounds as specified in this chapter exist for denial, suspension, or revocation, then such denial, suspension, or revocation shall become final five days after the Hearing Officer sends, by certified mail, written notice to the respondent that the license has been denied, suspended, or revoked. Such notice shall include a statement advising the respondent of the right to appeal such decision to a court of competent jurisdiction. If the Hearing Officer finds that no grounds exist for denial, suspension, or revocation of a license, then within five days after the hearing, the Hearing Officer shall order the Clerk-Treasurer to immediately withdraw the intent to deny, suspend, or revoke the license and to notify the respondent in writing by certified mail of such action. The Clerk-Treasurer shall contemporaneously therewith issue the license to the respondent.
(B) When a decision to deny, suspend or revoke a license becomes final, the applicant or licensee ("aggrieved party") whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal such action to a court of competent jurisdiction. Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the city's enforcement of the denial, suspension, or revocation, the city shall immediately issue the aggrieved party a provisional license. The provisional license shall allow the aggrieved party to continue operation of the sexually oriented business or to continue employment as a sexually oriented business employee and will expire upon the court's entry of a judgment on the aggrieved party's appeal or other action to restrain or otherwise enjoin the city's enforcement.
(C) Application of chapter during temporary license or provisional license periods. Sexually oriented businesses or sexually oriented business employees operating or working under temporary licenses [as provided for in § 114.05(A)] and/or provisional licenses [as provided for in § 114.11(B)] shall be subject to the provisions of this chapter.
(Ord. 2002-10, passed 8-17-02)
A licensee shall not transfer his or her license to another person, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the sexually oriented business license application pursuant to § 114.04(C)(4).
(Ord. 2002-10, passed 8-17-02)
Loading...