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(A) Business license. Upon the filing of a completed application for a sexually oriented business license, the County Administrator shall issue a temporary license to the applicant within five business days if the completed application is from a preexisting sexually oriented business that is, in all respects, lawfully operating in the county and the completed application, on its face, shows that the applicant is entitled to an annual sexually oriented business license. The temporary license shall expire upon the final decision of the county to deny or grant an annual license. Within 30 days of the filing of a completed sexually oriented business license application, the County Administrator shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The County Administrator shall issue a license unless:
(1) An applicant is less than 18 years of age.
(2) An applicant has failed to provide information required by this chapter 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.
(4) The sexually oriented business, as defined herein, is not in compliance with the interior configuration requirements of this chapter or is not in compliance with the location requirements of any ordinance or regulation in effect in the county.
(5) Any sexually oriented business in which an applicant has had an influential interest has, in the previous five years (and at a time during which the applicant had the influential interest):
(a) Been found by a court to have been operating unlawfully;
(b) Been enjoined by a court from engaging in conduct prohibited by law;
(c) Been held in contempt of court for operating contrary to a court order;
(d) Been declared by a court to be a nuisance; or
(e) Been subject to a court order requiring closure of the business or affirming revocation
of any license required to operate the business.
(6) An applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in § 111.02.
(7) The applicant is neither the owner of the premises wherein the establishment will be operated, nor the holder of a lease thereon for the period to be covered by the license.
(8) An employee or operator of the applicant operated a sexually oriented business that, in the previous five years (and due to conduct occurring when the person was an operator of the sexually oriented business) has:
(a) Been found by a court to have been operating unlawfully;
(b) Been enjoined by a court from engaging in conduct prohibited by law;
(c) Been held in contempt of court for operating contrary to a court order;
(d) Been declared by a court to be a nuisance; or
(e) Been subject to a court order requiring closure of the business or affirming revocation
of any license required to operate the business.
(B) Employee license. Upon the filing of a completed application for a sexually oriented business employee license, the County Administrator shall issue a temporary license to the applicant within three business days if the applicant seeks licensure to work in a licensed sexually oriented business and the completed application, on its face, shows that the applicant is entitled to an annual sexually oriented business employee license. The temporary license shall expire upon the final decision of the county to deny or grant an annual license. Within 30 days of the filing of a completed sexually oriented business employee license application, the County Administrator shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The County Administrator shall issue a license unless:
(1) The applicant is less than 18 years of age.
(2) The applicant has failed to provide information as required by this chapter 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.
(4) Any sexually oriented business in which the applicant has had an influential interest, has, in the previous five years (and at a time during which the applicant had the influential interest):
(a) Been found by a court to have been operating unlawfully;
(b) Been enjoined by a court from engaging in conduct prohibited by law;
(c) Been held in contempt of court for operating contrary to a court order;
(d) Been declared by a court to be a nuisance; or
(e) Been subject to a court order requiring closure of the business or affirming revocation of any license required to operate the business.
(5) The applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in § 111.02.
(6) The applicant has expressed the intent to use the sexually oriented business employee license at an establishment that is not licensed by the county to operate a sexually oriented business.
(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 kept on the premises of the sexually oriented business so that it may be inspected by the County Administrator and his or her agents at any time that the business is occupied by patrons or is open to the public. 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.
(Ord. 07-06, passed 3-13-07; Am. Ord. 2023-15, passed 7-11-23)
The initial license and annual renewal fees for sexually oriented business licenses and sexually oriented business employee licenses shall be as follows: $100 for the initial fee for a sexually oriented business license and $50 for annual renewal; $50 for the initial sexually oriented business employee license and $25 for annual renewal.
(Ord. 07-06, passed 3-13-07; Am. Ord. 2023-15, passed 7-11-23)
Sexually oriented businesses and sexually oriented business employees shall permit the County Administrator and his or her agents 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 the specific regulations of this chapter, during those times when the sexually oriented business is occupied by patrons or is open to the public. This section shall be narrowly construed to authorize only reasonable inspections of the licensed premises pursuant to this chapter.
(Ord. 07-06, passed 3-13-07; Am. Ord. 2023-15, passed 7-11-23)
(A) 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 this chapter. When a renewal license is issued, it shall become effective the day after the previous license expires and shall remain valid for a period of one calendar year from its effective date unless otherwise suspended or revoked.
(B) Application for renewal of an annual license should be made at least 90 days before the expiration date of the current annual license, and when made less than 90 days before the expiration date, the expiration of the current license will not be affected.
(Ord. 07-06, passed 3-13-07; Am. Ord. 2023-15, passed 7-11-23)
(A) The County Administrator shall issue a written notice of intent to suspend a sexually oriented business license for a period not to exceed 30 days if the sexually oriented business licensee has knowingly or recklessly violated this chapter or has knowingly or recklessly allowed an employee or any other person to violate this chapter.
(B) The County Administrator shall issue a written notice of intent to suspend a sexually oriented business employee license for a period not to exceed 30 days if the employee licensee has knowingly or recklessly violated this chapter.
(Ord. 07-06, passed 3-13-07; Am. Ord. 2023-15, passed 7-11-23)
(A) The County Administrator shall issue a written notice of intent to revoke a sexually oriented business license or a sexually oriented business employee license, as applicable, if the licensee knowingly or recklessly violates this chapter or has knowingly or recklessly allowed an employee or any other person to violate this chapter and a suspension of the licensee's license has become effective within the previous 12-month period.
(B) The County Administrator shall issue a written notice of intent to revoke a sexually oriented business license or a sexually oriented business employee license, as applicable, if:
(1) The licensee has knowingly given false information in the application for the sexually oriented business license or the sexually oriented business employee license;
(2) The licensee has knowingly or recklessly engaged in or allowed possession, use, or sale of controlled substances on the premises of the sexually oriented business;
(3) The licensee has knowingly or recklessly engaged in or allowed prostitution on the premises of the sexually oriented business;
(4) The licensee knowingly or recklessly operated the sexually oriented business during a period of time when the license was finally suspended or revoked;
(5) The licensee has knowingly or recklessly engaged in or allowed any specified sexual activity or specified criminal activity to occur in or on the premises of the sexually oriented business;
(6) The licensee has knowingly or recklessly allowed a person under the age of 21 years to consume alcohol on the premises of the sexually oriented business;
(7) The licensee has knowingly or recklessly allowed a person under the age of 18 years to appear in a semi-nude condition or in a state of nudity on the premises of the sexually oriented business;
(8) The licensee has knowingly or recklessly allowed three or more violations of this chapter within a 12-month period; or
(9) The licensee has failed to meet or maintain the qualifications to be issued or to hold the license.
(C) The fact that any relevant conviction is being appealed shall have no effect on the revocation of the license, provided that, if any conviction which serves as a basis of a license revocation is overturned or reversed on appeal, that conviction shall be treated as null and of no effect for revocation purposes.
(D) When, after the notice and hearing procedure described in this chapter, the county 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.
(Ord. 07-06, passed 3-13-07; Am. Ord. 2023-15, passed 7-11-23)
(A) (1) When the County Administrator issues a written notice of intent to deny, suspend, or revoke a license, the County Administrator shall immediately send such notice, which shall state the grounds under this chapter for such action, to the applicant or licensee by personal delivery or certified mail or email. The notice shall be directed to the most current business address or other mailing address or email address on file with the County Administrator for the applicant or licensee. The notice shall also set forth the following: The applicant or licensee shall have ten business days after the issuance of the written notice to deliver, at the office of the County Administrator, a written request for a hearing that specifies the alleged defects in the County Administrator's licensing decision. If the applicant or licensee does not request a hearing within said ten business days, the County Administrator's written notice shall become a final denial, suspension, or revocation, as the case may be, on the 15th business day after it is issued.
(2) If the applicant or licensee (hereafter, “petitioner”) does make a written request for a hearing within said ten business days, then the County Administrator shall, within ten business days after receiving the request, send a notice to the petitioner indicating the date, time, and place of the hearing. The hearing shall be conducted not less than ten days nor more than 30 days after the date that the hearing notice is issued. The hearing may be transcribed by either party.
(3) At the hearing, the petitioner shall have the opportunity to present all relevant arguments and to be represented by counsel, present evidence and witnesses on his or her behalf, and cross-examine any of the County Administrator's witnesses. The County Administrator may also be represented by counsel, present evidence and witnesses, and cross-examine any of the petitioner's witnesses. The hearing shall take no longer than one day, unless extended at the request of the petitioner to meet the requirements of due process and proper administration of justice. The petitioner shall have the burden of proving by a preponderance of the evidence that there is no substantial evidence to support the County Administrator's licensing decision. The Hearing Officer shall affirm the County Administrator's licensing decision if any substantial evidence in the record at the hearing supports any of the grounds set forth in the written notice of intent to deny, suspend, or revoke. The Hearing Officer shall issue a final written decision, including specific reasons for the decision pursuant to this chapter, to the petitioner and the county within five days after the hearing.
(4) If the decision is to deny, suspend, or revoke the license, the decision shall advise the petitioner of the right to appeal such decision to a court of competent jurisdiction, and the decision shall not become effective until the tenth day after it is rendered. If the Hearing Officer's decision finds that there is no substantial evidence to support the County Administrator's licensing decision, the Hearing Officer shall, contemporaneously with the issuance of the decision, order the County Administrator to immediately withdraw the intent to deny, suspend, or revoke the license and to notify the petitioner in writing by certified mail or email of such action. If the petitioner is not yet licensed, the County Administrator shall contemporaneously therewith issue the license to the applicant.
(B) If any court action challenging the licensing decision is initiated, the county shall consent to expedited briefing and/or disposition of the action, shall comply with any expedited schedule set by the court, and shall facilitate prompt judicial review of the proceedings. The following shall apply to any sexually oriented business that is, in all respects, lawfully operating as a sexually oriented business, or any sexually oriented business employee that is lawfully employed as a sexually oriented business employee, on the date on which the completed business or employee application, as applicable, is filed with the County Administrator. Upon the filing of any court action to appeal, challenge, r~ or otherwise enjoin the county's enforcement of any denial, suspension, or revocation of a license, the County Administrator shall immediately issue the petitioner a provisional license. The provisional license shall allow the petitioner 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 petitioner's appeal or other action to restrain or otherwise enjoin the county's enforcement, unless the provisional license is suspended or revoked prior to entry of said judgment. While a provisional license is in effect, the provisional licensee shall comply with the regulations set forth in §§ 111.07, 111.13 - 111.15, and 111.18, and any violations thereof shall be subject to the provisions of § 111.99. A provisional license may be suspended under § 111.09 or revoked under § 111.10, and if an appeal is taken from that suspension or revocation decision, the county will issue no further provisional license or stay of enforcement.
(Ord. 07-06, passed 3-13-07; Am. Ord. 2023-15, passed 7-11-23)
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