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A. Business License: It shall be unlawful for any person to operate an adult entertainment establishment in the city without a valid adult entertainment establishment license.
B. Employee License: It shall be unlawful for any person to be an "employee", as defined in section 4-8-2 of this chapter, of an adult entertainment establishment in the city without a valid adult entertainment establishment employee license, except that a person who is a licensee under a valid adult entertainment establishment license shall not be required to also obtain an adult entertainment establishment employee license.
C. Application: An applicant for an adult entertainment establishment license or an adult entertainment establishment employee license shall file in person at the office of the city manager a completed application made on a form provided by the city manager. An adult entertainment establishment may designate an individual with an influential interest in the establishment to file its application for an adult entertainment establishment license in person on behalf of the establishment. The application shall be signed as required by subsection D of this section 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 subsection, 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 (5) 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 or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency.
4. If the application is for an adult entertainment establishment license, the business name, location, legal description, mailing address and phone number of the adult entertainment establishment.
5. If the application is for an adult entertainment establishment 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 adult entertainment establishment in which an applicant has had an influential interest, has, in the previous five (5) years (and at a time during which the applicant had the influential interest):
a. Been declared by a court of law to be a nuisance; or
b. Been subject to a court order of closure or padlocking.
8. An application for an adult entertainment establishment 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 space occupied by the business. 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 (±6"). 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.
The information provided pursuant to this subsection shall be supplemented in writing by certified mail, return receipt requested, to the city manager within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete.
D. Signature: A person who seeks an adult entertainment establishment employee license under this section shall sign the application for a license. If a person who seeks an adult entertainment establishment license under this section is an individual, he shall sign the application for a license as applicant. If a person who seeks an adult entertainment establishment license is other than an individual, each person with an influential interest in the adult entertainment establishment or in a legal entity that controls the adult entertainment establishment 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. Information Confidential: The information provided by an applicant in connection with an application for a license under this chapter shall be maintained by the office of the city manager on a confidential basis, and such information may be disclosed only as may be required, and only to the extent required, by court order. (Ord. 69-08, 10-20-2008)
A. Business License: Upon the filing of a completed application for an adult entertainment establishment license, the city manager shall immediately issue a temporary license to the applicant if the completed application is from a preexisting adult entertainment establishment that is lawfully operating in the city and the completed application, on its face, indicates that the applicant is entitled to an annual adult entertainment establishment license. The temporary license shall expire upon the final decision of the city to deny or grant an annual license. Within twenty (20) days of the filing of a completed adult entertainment establishment license application, the city manager shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The city manager shall issue a license unless:
1. An applicant is less than eighteen (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 "adult entertainment establishment", as defined in section 4-8-2 of this chapter is not in compliance with the interior configuration requirements of this chapter or is not in compliance with locational requirements of this chapter or the locational requirements of any other part of the this code.
5. Any adult entertainment establishment in which the applicant has had an influential interest, has, in the previous five (5) years (and at a time during which the applicant had the influential interest):
a. Been declared by a court of law to be a nuisance; or
b. Been subject to an order of closure or padlocking.
6. An applicant has been convicted of or pled guilty or nolo contendere to a "specified criminal activity", as defined in section 4-8-2 of this chapter.
B. Employee License: Upon the filing of a completed application for an adult entertainment establishment employee license, the city manager shall immediately issue a temporary license to the applicant if the applicant seeks licensure to work in a licensed adult entertainment establishment and the completed application, on its face, indicates that the applicant is entitled to an annual adult entertainment establishment employee license. The temporary license shall expire upon the final decision of the city to deny or grant an annual license. Within twenty (20) days of the filing of a completed adult entertainment establishment employee license application, the city manager shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The city manager shall issue a license unless:
1. The applicant is less than eighteen (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 adult entertainment establishment in which the applicant has had an influential interest, has, in the previous five (5) years (and at a time during which the applicant had the influential interest):
a. Been declared by a court of law to be a nuisance; or
b. Been subject to an order of closure or padlocking.
5. The applicant has been convicted of or pled guilty or nolo contendere to a "specified criminal activity", as defined in section 4-8-2 of this chapter.
C. License Contents; Posting; Kept On Person: 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 licensee(s), the expiration date, and, if the license is for an adult entertainment establishment, the address of the adult entertainment establishment. The adult entertainment establishment license shall be posted in a conspicuous place at or near the entrance to the adult entertainment establishment so that it may be read at any time that the business is occupied by patrons or is open to the public. An adult entertainment establishment employee shall keep the employee's license on his or her person or on the premises where the licensee is then working or performing. (Ord. 69-08, 10-20-2008)
The initial license and annual renewal fees for adult entertainment establishment licenses and adult entertainment establishment employee licenses shall be as follows: a) one hundred dollars ($100.00) for the initial fee for an adult entertainment establishment license and fifty dollars ($50.00) for annual renewal; b) fifty dollars ($50.00) for the initial adult entertainment establishment employee license and twenty five dollars ($25.00) for annual renewal. (Ord. 69-08, 10-20-2008)
Adult entertainment establishments and adult entertainment establishment employees shall permit the city manager and his or her agents to inspect, from time to time on an occasional basis, the portions of the adult entertainment establishment premises where patrons are permitted, for the purpose of ensuring compliance with the specific regulations of this chapter, during those times when the adult entertainment establishment is occupied by patrons or is open to the public. This section shall be narrowly construed by the city to authorize reasonable inspections of the licensed premises pursuant to this chapter, but not to authorize a harassing or excessive pattern of inspections. (Ord. 69-08, 10-20-2008)
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 section 4-8-5 of this chapter.
B. Application for renewal of an annual license should be made at least ninety (90) days before the expiration date of the current annual license, and when made less than ninety (90) days before the expiration date, the expiration of the current license will not be affected. (Ord. 69-08, 10-20-2008)
A. The city manager shall issue a written notice of intent to suspend an adult entertainment establishment license for a period not to exceed thirty (30) days if the adult entertainment establishment licensee has knowingly violated this chapter or has knowingly allowed an employee or any other person to violate this chapter.
B. The city manager shall issue a written notice of intent to suspend an adult entertainment establishment employee license for a period not to exceed thirty (30) days if the employee licensee has knowingly violated this chapter. (Ord. 69-08, 10-20-2008)
A. Notice Of Violation: The city manager shall issue a written notice of intent to revoke an adult entertainment establishment license or an adult entertainment establishment employee license, as applicable, if the licensee knowingly violates this chapter or has knowingly 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 twelve (12) month period.
B. Reasons For Revocation: The city manager shall issue a written notice of intent to revoke an adult entertainment establishment license or an adult entertainment establishment employee license, as applicable, if:
1. The licensee has knowingly given false information in the application for the adult entertainment establishment license or the adult entertainment establishment employee license;
2. The licensee has knowingly or recklessly engaged in or allowed possession, use, or sale of controlled substances on the premises of the adult entertainment establishment;
3. The licensee has knowingly or recklessly engaged in or allowed prostitution on the premises of the adult entertainment establishment;
4. The licensee knowingly or recklessly operated the adult entertainment establishment during a period of time when the license was finally suspended or revoked;
5. 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 adult entertainment establishment; or
6. The licensee has knowingly or recklessly allowed a person under the age of eighteen (18) years to consume alcohol or appear in a state of seminudity or nudity on the premises of the adult entertainment business.
C. Appeal Of Relevant Conviction: 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. Term Of Revocation: When, after the notice and hearing procedure described in this chapter, the city revokes a license, the revocation shall continue for one year and the licensee shall not be issued an adult entertainment establishment license or adult entertainment establishment employee license for one year from the date revocation becomes effective. (Ord. 69-08, 10-20-2008)
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