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(A) An applicant or permittee shall permit representatives of the town and of the county to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law at any time it is occupied or open for business.
(B) A person who refuses to permit any such inspection of the premises at any time that it is occupied or open for business shall be in violation of this chapter.
(Prior Code, § 50.07) (Ord. 2-2001, passed 5-23-2001) Penalty, see § 113.99
(A) The town’s Board of Public Works and Safety or its designee shall suspend a permit for a period not to exceed 30 days if it determines that a permittee, or an employee of a permittee, has:
(1) Violated, or is not in compliance with, any section of this chapter;
(2) Been under the influence of alcoholic beverages or any controlled substances while working in the sexually oriented business premises;
(3) Refused to allow an inspection of a sexually oriented business premises as authorized by this chapter;
(4) Knowingly permitted gambling by any person on the sexually oriented business premises;
(5) Operated the sexually oriented business 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 statute, code, ordinance or regulation violation, the Town Council or its designee shall promptly notify the permittee of the violation and shall allow the permittee a seven-day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven-day period, the Town Council or its designee shall forthwith suspend the permit and shall notify the permittee of the suspension;
(6) Operated the sexually oriented business in violation of the hours of operation in § 113.12 of this chapter; or
(7) Knowingly employs a person who does not have a valid license as required in § 113.13 of this chapter.
(B) The suspension shall remain in effect until the violation of the statute, code, ordinance or regulation in question has been corrected.
(Prior Code, § 50.09) (Ord. 2-2001, passed 5-23-2001)
(A) The Town Council or its designee shall revoke a permit if a cause of suspension in § 113.09 of this chapter occurs and the permit has been suspended within the preceding 12 months.
(B) The town’s Board of Public Works and Safety or its designee shall revoke a permit upon determining that:
(1) A permittee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant’s opportunity for obtaining a permit;
(2) A permittee or an employee has knowingly allowed possession, use or sale of controlled substances in or on the premises;
(3) A permittee or an employee has knowingly allowed prostitution on the premises;
(4) A permittee or an employee knowingly operated the sexually oriented business during a period of time when the permittee’s permit was suspended;
(5) A permittee has been convicted of a specified criminal act for which the time period required in § 113.07 of this chapter has not elapsed; or on two or more occasions within a 12-month period, a person or persons committed an offense, occurring in or on the permitted premises, constituting a specified criminal act for which a conviction has been obtained and the person or persons were employees of the sexually oriented business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit;
(6) A permittee is convicted of tax violations for any taxes or fees related to a sexually oriented business;
(7) A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or any other specified sexual activity to occur in or on the permitted premises;
(8) A permittee has been operating more than one sexually oriented business under a single roof; or
(9) A permittee has engaged in or attempted to engage in a transfer of permit in violation of § 113.06 of this chapter.
(C) (1) When the Town Council or its designee 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.
(2) If, subsequent to revocation, the Town Council or its designee finds that the basis for revocation under this section has been corrected, the applicant shall be granted a permit if at least 90 days have elapsed since the date of revocation became effective. If the permit was revoked under this section, an applicant may not be granted another permit until the number of years required under this section has elapsed.
(Prior Code, § 50.10) (Ord. 2-2001, passed 5-23-2001)
After denial of an application, or denial of a renewal of an application, or suspension or revocation of a permit, the applicant or permittee may seek judicial review of the administrative action in the County Superior Court or Circuit Court.
(Prior Code, § 50.11) (Ord. 2-2001, passed 5-23-2001)
(A) It shall be unlawful for any person to operate, or cause to be operated, a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and allow such business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service, between the hours of 10:00 p.m. and 10:00 a.m. of any particular day.
(B) It shall be unlawful for any person while working as an employee of a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, to allow such business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service, between the hours of 10:00 p.m. and 10:00 a.m. of any particular day.
(Prior Code, § 50.17) (Ord. 2-2001, passed 5-23-2001) Penalty, see § 113.99
(A) License required. Each individual to be employed in a sexually oriented business, as defined in § 113.02 of this chapter, who engages in the services rendered by a nude model studio, escort or escort agency, sexual encounter establishment, massage parlor (except for massage parlors licensed pursuant to this code), or a live performer or entertainer shall be required to obtain a sexually oriented business employee license. Each applicant shall pay a permit fee of $25. Said fee is to cover reasonable administrative costs of the licensing application process.
(B) Application.
(1) Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit on a form, to be provided by the Town Council or its designee, the following information:
(a) The applicant’s name or any other names (including “stage” names) or aliases used by the individual;
(b) Age, date and place of birth;
(c) Height, weight and hair and eye color;
(d) Present residence address and telephone number;
(e) Present business address and telephone number;
(f) Social Security number; and
(g) Acceptable written proof that the individual is at least 18 years of age.
(2) (a) Attached to the application form as provided above, a color photograph of the applicant clearly showing the applicant’s face and the applicant’s fingerprints on a form provided by the Police Department. Any fees for the photograph and fingerprints shall be paid by the applicant;
(b) A statement detailing the license or permit history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operating, or seeking to operate, in this or any other county, city, state or country has ever had a license, permit or authorization to do business denied, revoked or suspended, or had any professional or vocational license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, state the date and the name of the issuing or denying jurisdiction and describe in full the reasons for the denial, revocation or suspension. A copy of any order of denial, revocation or suspension shall be attached to the application; and
(c) Whether the applicant has been convicted of a specified criminal act as defined in § 113.07(C)(1)(j) of this chapter. This information shall include the date, place, nature of each conviction or plea of nolo contendere and identify the convicting jurisdiction.
(3) (a) The Town Council designee shall refer the sexually oriented business employee license application to the Police Department for an investigation to be made of such information as is contained on the application. The application process shall be completed within ten days from the date the completed application is filed.
(b) After the investigation, the Town Council or its designee shall issue a license unless the report from the Police Department finds that one or more of the following findings are true:
1. That the applicant has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a license, or in any report or record required to be filed with the Sheriff’s Department or other department of the town;
2. That the applicant is under 18 years of age;
3. That the applicant has been convicted of a specified criminal act as defined in § 113.07(C)(1)(j) of this chapter;
4. That the sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by particular provisions of this chapter; or
5. That the applicant has had a sexually oriented business employee license revoked by the town within two years of the date of the current application.
(C) Renewal of license.
(1) A license granted pursuant to this section shall be subject to annual renewal by the town’s Board of Public Works and Safety or its designee upon the written application of the applicant and a finding by the Town Council or its designee and the Police Department that the applicant has not been convicted of any specified criminal act as defined in § 113.07(C)(1)(j) of this chapter or committed any act during the existence of the previous license period which would be grounds to deny the initial permit application.
(2) The renewal of the license shall be the same as the initial application fee.
(Prior Code, § 50.13) (Ord. 2-2001, passed 5-23-2001) Penalty, see § 113.99
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