(A) Except as provided in division (B) below, from and after the effective date of this chapter, it shall be unlawful for any person or entity to operate an adult establishment without first securing and having a valid permit from the County Manager and any person or entity who operates an adult establishment without having a valid permit shall be subject to criminal and civil remedies as provided herein.
(B) All adult establishments existing at the time of the effective date of this chapter must submit an application for a permit within 90 days of the effective date of this chapter. If an application is not received within said 90-day period, then such existing adult establishment shall cease operations. Any adult establishment existing at the time of the effective date of this chapter which files and application for a permit within the said 90-day period shall be permitted to operate during the pendency of the application for a permit, including the appeal of denial of a permit as provided in § 113.17(E) of this chapter. No criminal prosecution or other civil action as provided for in this chapter shall be maintained against any such existing adult establishment for failure to obtain and have a permit during the aforementioned 90-day period or during the pendency of the aforementioned application, including any appeal of denial of a permit as provided for in § 113.17(E) of this chapter. Provided, however, that nothing in this division shall prevent or prohibit the county from enforcing or seeking enforcement of any applicable law, ordinance or regulation in effect prior to the time of the effective date of this chapter. Furthermore, this division shall not prevent the county or any other individual from maintaining any actions or seeking any remedies allowed by law for violations of any law, ordinance or regulation in effect prior to the effective date of this chapter.
(C) A permit may be issued for only one adult establishment located at a fixed and certain place. Any person which desires to operate more than one adult establishment must obtain and have a permit for each.
(D) The permit granted pursuant to this chapter shall grant permission to operate an adult establishment only to the applicant and no permit or interest in a permit may be transferred, whether by gift, inheritance, devise, for consideration or by any other means, to any individual, partnership, corporation or any other entity.
(Ord. passed 9-22-98) Penalty, see § 113.99