(A) It shall be unlawful for any owner or manager to operate a sexually oriented business without a valid sexually oriented license issued by the Camden County Sheriff pursuant to this chapter. It shall also be unlawful for any person to operate such a business after a license has been suspended, revoked, or has expired.
(B) License compliance; licensee must:
(1) Maintain operation of the business in compliance with license. Any change in business that would alter any activities indicated on the application for which the license was issued shall result in the licensed being suspended or revoked.
(2) Shall provide a list of all employees, regardless of the employee’s position, to the Camden County Sheriff by the 15th day of each month for all employees the prior month. Information shall include the employee name, current street address of physical residence, and date of birth.
(C) License application. An application for a license to operate the business must be made on a form provided by the Camden County Sheriff.
(D) License – posting and display. Every person, corporation or partnership licensed as a sexually oriented business shall post such license in a conspicuous place and manner on the sexually oriented business premises.
(E) License fees. Non-refundable fees established by the Camden County Board of Commissioners shall be submitted to the Camden County Sheriff for the following:
(1) Application for a sexually oriented business license whether for a new license or for renewal of an existing license.
(2) Reinvestigation and reinstatement of business license that has been suspended.
(F) License renewal. Every sexually oriented business license must be renewed annually by January 1.
(G) Expiration of license. Each license shall expire annually on December 31 and may be renewed only by making application the Camden County Sheriff. Application for renewal shall be made at least 30 days prior to the expiration date, and when made less than 30 days prior to the expiration date, the license will expire. When the Camden County Sheriff denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial.
(H) Suspension of license. The Camden County Sheriff shall suspend a license for a period not to exceed 30 days if he/she determines that a license or an employee of a licensee has:
(1) Violated or is not in compliance with the requirements of this chapter; or
(2) Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter.
(I) Revocation of license.
(1) The Camden County Sheriff shall revoke a license if a cause of suspension in division (H) occurs and the license has been suspended within the preceding 12 months.
(2) The Camden County Sheriff shall revoke a license if he/she determines by a preponderance of the evidence that one or more of the following findings is true:
(a) A licensee gave false or misleading information in the material submitted during the application process;
(b) A licensee has allowed possession, use, or sale of controlled substances on the premises;
(c) A licensee has allowed prostitution on the premises;
(d) A licensee operated the sexually oriented business during a period of time when the licensee's license was suspended;
(e) A licensee operated the sexually oriented business outside the permitted hours of operation;
(f) Except in the case of an adult motel, a licensee has allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises; or
(g) A licensee is delinquent in payment to the county or state for any taxes or fees past due.
(3) When the Camden County Sheriff revokes a license, the revocation shall continue for one year from the date the revocation became effective.
(J) Transfer of license. A licensee shall not transfer his/her license to another, 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 application.
(Ord. 2007-02-01, passed 3-19-07) Penalty, see § 154.99