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§ 117.10 LICENSE REQUIRED.
   (A)   Sexually oriented business license. It shall be unlawful for any person to operate a sexually oriented business in the town without a valid sexually oriented business license issued under this chapter.
   (B)   Employee license. It shall be unlawful for any person to be an employee. as defined in this chapter, of a sexually oriented business in the town without a valid sexually oriented business employee license issued under this chapter, except that a person who is a licensee under a valid sexually oriented business license shall not be required to also obtain a sexually oriented business employee license. It shall be unlawful for any person who operates a sexually oriented business to employ a person at the establishment who does not have a valid sexually oriented business employee license.
   (C)   Application. An applicant for a sexually oriented business license or a sexually oriented business employee license shall file in person at the office of the Building Commissioner a completed application made on a form provided by the Building Commissioner. A sexually oriented business may designate an individual with an influential interest in the business to file its application for a sexually oriented business license in person on behalf of the business. The application shall be signed as required by division (D) and shall be notarized. An application shall be considered complete when it contains, for each person required to sign the application, the information and/or items required in this division (C), accompanied by the appropriate licensing fee:
      (1)   The applicant's full legal name and any other names used by the applicant in the preceding five years;
      (2)   Current business address or another mailing address for the applicant;
      (3)   Written proof of age, in the form of a driver's license, a picture identification document containing the applicant's date of birth issued by a governmental agency, or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency;
      (4)   If the application is for a sexually oriented business license, the business name, location, legal description, mailing address and phone number of the sexually oriented business; and a list of the business's employees that specifically identifies each operator, as defined by § 117.02, of the business;
      (5)   If the application is for a sexually oriented business license, the name and business address of the statutory agent or other agent authorized to receive service of process;
      (6)   A statement of whether an applicant has been convicted of or has pled guilty or nolo contendere to a specified criminal activity as defined in this chapter, and if so, each specified criminal activity involved, including the date, place, and jurisdiction of each as well as the dates of conviction and release from confinement, where applicable;
      (7)   A statement of whether 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.
      (8)   An application for a sexually oriented business license shall be accompanied by a legal description of the property where the business is located and a sketch or diagram showing the configuration of the premises, including a statement of total floor area occupied by the business and a statement of floor area visible or accessible to patrons for any reason, excluding restrooms. The sketch or diagram need not be professionally prepared but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who are required to comply with the stage, booth, and/or room configuration requirements of this chapter shall submit a diagram indicating that the setup and configuration of the premises meets the requirements of the applicable regulations. See §§ 117.05 and 117.07;
      (9)   If the application is for a sexually oriented business license, a statement whether the applicant is the owner of the premises wherein the establishment will be operated or holds a lease thereon for the period to be covered by the license. If the applicant is a lease holder, a copy of the lease shall be submitted with the license application;
      (10)   If the application is for a sexually oriented business employee license, the name and address of the establishment where the applicant intends to use the employee license;
      (11)   The information provided pursuant to this division (C) shall be supplemented in writing by certified mail, return receipt requested, to the Building Commissioner within ten working days of a change of circumstances which would render the information originally submitted false or incomplete.
   (D)   Signature. A person who seeks a sexually oriented business employee license under this section shall sign the application for a license. If a person who seeks a sexually oriented business license under this section is an individual, he shall sign the application for a license as applicant. If a person who seeks a sexually oriented business license is other than an individual, each person with an influential interest in the sexually oriented business or in a legal entity that controls the sexually oriented business shall sign the application for a license as applicant. Each applicant must be qualified under this chapter and each applicant shall be considered a licensee if a license is granted.
   (E)   The information provided by an applicant in connection with an application for a license under this chapter will not be disclosed by the office of the Building Commissioner under public records laws except as may be required, and only to the extent required, by governing law or court order. Any information protected by the right to privacy as recognized by state or federal law shall be redacted prior to such disclosure.
   (F)   Applicability to preexisting businesses. The licenses required under this chapter are in addition to any other license or permit requirements imposed by any other ordinance of the Town of Clarksville. Preexisting sexually oriented businesses lawfully operating in the town in compliance with all state and local laws prior to the effective date of this section, and all sexually oriented business employees that were, in all respects, lawfully working in the town prior to the effective date of this section, may continue operation or employment for a period of 35 days following the effective date of this section. In order to continue operation or employment beyond said 35 days, such businesses and employees must file a completed application for an annual license under this chapter within 28 days of the effective date of this section.
(Ord. 2021-G-10, passed 9-2-21)
§ 117.11 ISSUANCE OF LICENSE.
   (A)   Sexually oriented business license. Upon the filing of a completed application for a sexually oriented business license, the Building Commissioner shall issue a temporary license to the applicant within three business days if the completed application is from a preexisting sexually oriented business that is lawfully operating in the town and the completed application, on its face, indicates that the applicant is entitled to an annual sexually oriented business license. The temporary license shall expire upon the final decision to deny or grant an annual license. Within 30 days of the filing of a completed sexually oriented business license application, the Building Commissioner shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The Building Commissioner 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;
      (5)   The location of the sexually oriented business does not comply with the location requirements of the Municipal Code of the Town of Clarksville;
      (6)   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.
      (7)   An applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this chapter;
      (8)   An applicant has, in the previous five years and in conjunction with seeking a license or any approval necessary to operate the sexually oriented business or occupy the business premises, engaged in any misrepresentation of fact, or omission of material fact, concerning the nature of the business;
      (9)   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;
      (10)   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 employee or 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 Building Commissioner 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, indicates that the applicant is entitled to an annual sexually oriented business employee license. The temporary license shall expire upon the final decision to deny or grant an annual license. Within 30 days of the filing of a completed sexually oriented business employee license application, the Building Commissioner shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The Building Commissioner 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 this chapter, excepting dealing in controlled substances.
      (6)   The applicant has expressed the intent to use the sexually oriented business employee license at an establishment that is not licensed by the town 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 licenseets), 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 Building Commissioner 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 thepremises where the licensee is then working.
(Ord. 2021-G-10, passed 9-2-21)
§ 117.12 FEES.
   The initial license and annual renewal fees for sexually oriented business licenses and sexually oriented business employee licenses shall be as follows: $200 for the initial fee for a sexually oriented business license and $100 for annual renewal; $100 for the initial sexually oriented business employee license and $50 for annual renewal.
(Ord. 2021-G-10, passed 9-2-21)
§ 117.13 EXPIRATION AND RENEWAL OF LICENSE.
   (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. 2021-G-10, passed 9-2-21)
§ 117.14 SUSPENSION.
   (A)   The Building Commissioner 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 Building Commissioner 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. 2021-G-10, passed 9-2-21)
§ 117.15 REVOCATION.
   (A)   The Building Commissioner 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 Building Commissioner 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 failed to meet or maintain the qualifications to be issued or to hold the license;
      (3)   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;
      (4)   The licensee has knowingly or recklessly engaged in or allowed prostitution on the premises of the sexually oriented business;
      (5)   The licensee knowingly or recklessly operated the sexually oriented business during a period of time when the license was finally suspended or revoked;
      (6)   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;
      (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; or
      (8)   The licensee has knowingly or recklessly allowed three or more violations of this chapter within a 12-month period.
   (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, a license is revoked, 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. 2021-G-10, passed 9-2-21)
§ 117.16 HEARING; LICENSE DENIAL, SUSPENSION, REVOCATION; APPEAL.
   (A)   When the Building Commissioner issues a written notice of intent to deny, suspend, or revoke a license, the Building Commissioner 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. The notice shall be directed to the most current business address or other mailing address on file with the Building Commissioner for the applicant or licensee. The notice shall also set forth the following: The applicant or licensee shall have ten days after the delivery of the written notice to submit, at the office of the Building Commissioner, a written request for a hearing. If the applicant or licensee does not request a hearing within said ten days, the Building Commissioner's written notice shall become a final denial, suspension, or revocation, as the case may be, on the 15th day after it is issued.
   (B)   If the applicant or licensee (hereafter, "petitioner") does make a written request for a hearing within said ten days, then the Building Commissioner shall, within ten 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.
   (C)   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 Building Commissioner's witnesses. The Building Commissioner 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 Hearing Officer shall affirm the Building Commissioner'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 Office shall issue a final written decision, including specific reasons for the decision pursuant to this division, to the petitioner within five days after the hearing.
   (D)   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 Building Commissioner's licensing decision, the Hearing Officer shall, contemporaneously with the issuance of the decision, order the Building Commissioner to immediately withdraw the intent to deny, suspend, or revoke the license and to notify the petitioner in writing by certified mail of such action. If the petitioner is not yet licensed, the Building Commissioner shall contemporaneously therewith issue the license to the applicant.
   (E)   If any court action challenging a 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 Building Commissioner: Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the county's enforcement of any denial, suspension, or revocation of a temporary license or annual license, the Building Commissioner 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 trial 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 §§ 117.03 to 117.07, and any violations thereof shall be subject to the provisions of §§ 117.09 and 117.99. A provisional license may be suspended under § 117.14 or revoked under § 117.15, and if an appeal is taken from that suspension or revocation decision, the town will issue no further provisional license or stay of enforcement.
(Ord. 2021-G-10, passed 9-2-21)
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