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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)
No sexually oriented business shall open to do business before 10:00 a.m. or remain open after 11:00 p.m., provided that, a sexually oriented business which has obtained a license or permit to sell alcoholic beverages from the state may remain open to sell alcoholic beverages under the terms of that license or permit, but may not conduct sexually oriented entertainment activity after 11:00 p.m.
(Ord. 2002-10, passed 8-17-02)
(A) A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette, 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:
(1) Each application for a sexually oriented business license shall contain a diagram of the premises showing the location of all manager's stations, viewing rooms, overhead lighting fixtures, video cameras and monitors installed for monitoring purposes and restrooms, and shall designate all portions of the premises in which patrons will not be permitted. Restrooms shall not contain video reproduction equipment. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Clerk-Treasurer may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(2) The application shall be sworn to be true and correct by the applicant.
(3) No alteration in the configuration or location of a manager's station or viewing room may be made without the prior approval of the Clerk-Treasurer.
(4) It shall be the duty of the operator, and of any employees present on the premises, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (1) of this division.
(5) The interior premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one foot candle as measured at the floor level. It shall be the duty of the operator, and of any employees present on the premises, to ensure that the illumination described above is maintained at all times that the premises is occupied by patrons or open for business.
(6) It shall be the duty of the operator, and of any employees present on the premises, to ensure that no sexual activity occurs in or on the licensed premises.
(7) It shall be the duty of the operator, and of any employees present on the premises, to ensure that not more than one person is present in a viewing room at any time. No person shall enter a viewing room that is occupied by another person.
(8) It shall be the duty of the operator, and of any employees present on the premises, to ensure that no openings of any kind exist between viewing rooms. No person shall make an attempt to make an opening of any kind between viewing rooms.
(9) It shall be the duty of the operator, or of any employee who discovers two or more patrons in a viewing room or discovers any person making or attempting to make an opening of any kind between viewing rooms, to immediately escort such persons from the premises.
(10) It shall be the duty of the operator, or of any employee, who discovers an opening of any kind between viewing rooms to immediately secure such rooms, and prevent entry into them by any patron until such time as the wall between the rooms has been repaired to remove the opening. Removal and repairing openings between viewing rooms shall be in a manner that is as structurally substantial as the original wall construction.
(11) It shall be the duty of the operator, at least once each business day, to inspect the walls between viewing rooms for openings of any kind.
(12) It shall be the duty of the operator to post conspicuous signs in well-lighted entry areas of the business stating all of the following:
(a) That no loitering is permitted in viewing rooms.
(b) That the occupancy of viewing rooms is limited to one person.
(c) That sexual activity on the premises is prohibited.
(d) That the making of openings between viewing rooms is prohibited.
(e) That violators will be required to leave the premises.
(f) That violations of subsections (b), (c) and (d) of this paragraph are unlawful and subject to the penalties set forth in § 114.99.
(13) It shall be the duty of the operator to ensure that floor coverings in viewing rooms are nonporous, easily cleanable surfaces, with no rugs or carpeting.
(14) It shall be the duty of the operator to ensure that all wall surfaces and seating surfaces in viewing rooms are constructed of or permanently covered by nonporous easily cleanable material.
(15) It shall be the duty of the operator to ensure that premises are clean and sanitary. Such duty shall be fulfilled if the operator complies with the following cleaning procedures:
(a) The operator shall maintain a regular cleaning schedule of at least two cleanings per day, documented by appropriate logs.
(b) The operator shall provide an employee to check all areas for garbage, trash, body fluids and excrement and to remove and clean all areas with a disinfectant. All solid waste generated by the business shall be collected from the premises for disposal at a lawful solid waste disposal facility at least twice each week. Prior to collection solid waste shall be stored in a manner that prevents access by animals or members of the public and which will not facilitate the creation of a health nuisance.
(c) Thorough cleaning of the entire interior of any room providing patron privacy shall be done using a disinfectant. Cleaning shall include floors, walls, doors, seating, monitors, video cameras, and windows and other surfaces.
(16) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager'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. A manager's station shall not exceed 32 square feet of floor area. If the premises has two or more manager's stations designated, then 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 manager's stations. The view required in this paragraph must be by direct line of sight from the manager's station. It is the duty of the operator to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is on the premises. It shall be the duty of the operator, and it shall also be the duty of any employees present on the premises, to ensure that the view area specified in this paragraph 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.
(B) It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.
(Ord. 2002-10, passed 8-17-02) Penalty, see § 114.99
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