(a) Following the issuance of a state license of a facility where exotic entertainment is offered to a licensee, as that term is defined under the provisions of West Virginia Code 60-4-23, as amended, the licensee shall file an application with the City’s Director of Finance for the issuance of a license for the licensure of the facility within the corporate limits of the City. No such licensee shall engage in the performance of exotic entertainment within the corporate limits of the City until such time as the office of the Director of Finance has issued the applicable license to such licensee.
(b) The annual license period for each facility for the performance of exotic entertainment shall be from the 1st day of July to the 30th day of June of the following year. The annual license fee for licenses issued under this article is three thousand dollars ($3,000) per year per facility within the corporate limits.
(c) All exotic entertainment licenses shall expire on the 30th day of June of each year and may be renewed only upon the submission to the City’s Director of Finance of the same information required for the issuance of the state license from the Alcohol Beverage Control Commissioner and such additional information as may be requested by the City’s Director of Finance on such forms and by such date as may be prescribed by the Director together with the payment to the Director of the applicable annual license fee required under this section.
(d) No person may conduct an exotic entertainment facility at any location within the corporate limits of the City if the license for such location has been suspended or revoked by the West Virginia Alcohol Beverage Control Commissioner, or has expired.
(e) No person shall sell or transfer a license without notifying the Director of Finance and, for the purpose of this section, the merger of a licensee or sale of more than fifty percent (50%) of the outstanding stock of, or partnership interest in, the licensee shall be deemed to be a sale, assignment of a license under this section. A transferee of a licensed facility may apply for re-issuance of the transferor’s license if the transferee is approved by the Alcohol Beverage Control Commissioner as otherwise qualifying for a license.
(f) Interest; Injunction. The fee imposed by this article, if not paid when due, shall bear interest at the rate of six percent (6%) per annum from the due date the licensee commenced business. Each assessment or deficiency notice made by the Director of Finance shall bear interest at the rate of six percent (6%) per annum. In all cases of delinquency or extensions of time, interest shall be assessed and collected. Any person engaging in operating an exotic entertainment facility, after receiving notice that they are doing so without a municipal license, may be enjoined from conducting such business after such notice is given upon application to the Harrison County Circuit Court.
(Ord. 5-00. Passed 5-22-00.)