1. Adult Entertainment Facility License Required. It is unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City, the operation of an adult entertainment facility, without first having obtained a separate license from the City.
2. Application for an Adult Entertainment Facility License. Any person desiring a license to operate an adult entertainment facility must file a written application with the City Clerk’s office on a form to be furnished by the City Clerk’s office. The applicant must accompany the application with a tender of the correct license fee, as provided in Section 127.11 and must, in addition, furnish the following personal information concerning the manager or other person principally in charge of the operation of the business:
A. Name, complete residence address, and residence telephone number, including area code.
B. Written proof of age consisting of a birth certificate.
C. Height, weight, and color of hair and color of hair and eyes.
D. Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application regarding the applicant’s request for a license.
E. The applicant must keep and maintain liability insurance in an amount of at least $1,000,000.00 and must provide evidence of such insurance upon application for or renewal of each license.
F. Written declaration by the applicant, under penalty of perjury, that the information contained in the application is true and correct, with such declaration being duly dated and signed at the City Clerk’s office.
3. Approval of Application.
A. Upon receiving the application for an adult entertainment facility license, the Mayor and/or designated agent shall preliminarily review the application and within 14 days refer the copies of such application to the City Administrator, the police department, fire department, zoning department, or any other designated agents.
B. These officials and/or designated agents shall within 30 days inspect the premises proposed to be operated as an adult entertainment facility or, in case of the police department, conduct a background investigation of the applicant and all such officials shall make recommendations to the Mayor and/or designated agent concerning the premises’ and the applicant’s compliance with the matters coming within the jurisdiction of the aforesaid officials and/or designated agents.
C. Within ten days of receiving the recommendation of the aforesaid officials and/or designated agents, the Mayor and/or designated agent will render his/her approval or denial of the application to the City Council. The City Council must give final approval prior to any issuance or denial of license.
4. Issuance or Denial of Adult Entertainment Facility License. The Mayor and/or designated agent shall issue an adult entertainment license within 90 days of receipt of the application, unless he/she finds the following:
A. The correct license fee has not been tendered to the City and, in the case of a check or bank draft, honored with payment upon presentation.
B. The operation, as proposed by the applicant, if permitted would not comply with all applicable laws, including, but not limited to, the City’s zoning, building, and health regulations.
C. The applicant has knowingly made any false, misleading, or fraudulent statement of fact in the application for the permit or in any document required by the City in connection therewith.
D. The applicant has operated an adult entertainment facility and has had a license denied, revoked, or suspended for any of the causes set forth in Paragraphs A through C of this subsection by the City or any other State or local agency.
E. The applicant principally in charge of the operation of the business is under 21 years of age.
F. The applicant is a person who is not of good moral character and reputation in the community in which he/she resides.
G. The applicant has been convicted of any the following offenses, unless upon investigation the Mayor and/or designated agent finds that such convictions occurred at least 10 years prior to the date of the application, that the applicant has had no subsequent convictions, and has shown evidence of rehabilitation sufficient to warrant the public trust:
(1) A felony under federal laws or the laws of this or any other state.
(2) Prostitution, soliciting for a prostitute, pandering, keeping a place of prostitution, patronizing a prostitute, pimping, obscenity, selling harmful material, or having a tie in the sale of obscene publications to distributors, under the laws of this state or equivalent laws or codes of the United States or any other state or city, or any other crime or misdemeanor opposed to decency and morality.
H. The City Council has denied the license.
5. License Administration.
A. Each license shall be issued for one year beginning January 1 and said license will expire on December 31 after it was issued and may be renewed only by making application as provided in this chapter. Application for renewal must be made to the City Clerk at least 30 days before the expiration date and when made less than 30 days before the expiration date, the expiration of the license will not be affected.
B. If the Mayor and/or designated agent deny renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the Mayor and/or designated agent find that the basis for denial of the license has been corrected or abated, the applicant may be granted a license.
C. The Mayor and/or designated agent may suspend a license for a period not to exceed 90 days if, after a hearing pursuant to Paragraph K of this subsection, it determines that a licensee or an employee of a licensee:
(1) Violated or is not in compliance with any section of this chapter;
(2) Refused to allow an inspection of the adult entertainment facility premises as authorized by this chapter; and/or
(3) Knowingly permitted gambling by any person on the adult entertainment facility premises.
D. If the licensee or an employee of the licensee has been found guilty in a court of law or under the City’s code hearing procedures, of a violation of this chapter, no hearing is necessary prior to suspension of the license under this subsection.
E. The Mayor and/or designated agent shall revoke a license without a hearing provided by Paragraph K hereof, if a cause of suspension as provided in this subsection occurs and the license has been suspended within the preceding 12 months, or if the licensee is convicted of any specified criminal activity.
F. The Mayor and/or designated agent shall revoke a license if it determines, after such a hearing, that a licensee or an employee of a licensee:
(1) Gave false or misleading information in the material submitted during the application process;
(2) Has knowingly allowed possession, use, or sale of a controlled substance on the premises;
(3) Has knowingly allowed prostitution on the premises;
(4) Knowingly operated the adult use during a period of time when the licensee’s license was suspended;
(5) Has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensee premises;
(6) Is delinquent in payment to the city, county, or state for any taxes or fees past due;
(7) Has knowingly or intentionally facilitated another in the commission of the offense of public indecency.
G. If the Mayor and/or designated agent revoke a license, the revocation will continue for one year and the licensee will not be issued an adult entertainment facility license for one year from the date the revocation became effective. If subsequent to revocation, the Mayor and/or designated agent find that the factual basis for the revocation did not occur, the applicant may be granted a license.
H. After denial of an application, or denial of a renewal of an application, or suspension or a revocation of any license, the applicant or licensee may seek prompt judicial review of such action in any court of competent jurisdiction.
I. Transfer of License. A licensee cannot transfer his/her license to another nor can a licensee operate an adult entertainment facility under the authority of a license at any place other than the address on the license.
J. Business Records. The Mayor and/or designated agent may direct an adult entertainment facility establishment to file a verified report with the City showing the licensee’s gross receipts and amounts paid to employees during the preceding calendar year. In addition, all adult entertainment facilities must maintain and retain for a period of five years the names, addresses, and ages of all persons employed, including independent contractors, by the licensee.
K. Hearing. Upon a written allegation that licensee has violated any provision of this chapter, the licensed premises must immediately suspend all business pending a hearing conducted by the Mayor and/or designated agent upon seven days’ notice to the licensee; provided, however, that no hearing shall occur later than 15 days from the date of suspension of business operations.
6. Adult Entertainment Facilities - Restrictions. All dancing and other performances shall occur on a stage intended for that purpose which is separate and apart from the general public and unobstructed from all horizontal views within the building. No dancing or other performances shall occur closer than three feet to any patron. In addition, no performer shall fondle, caress or otherwise touch any patron and no patron shall fondle, caress or otherwise touch any performer. No patron shall directly pay or give any gratuity to any performer and no performer shall solicit any pay or gratuity from any patron. Gratuities may be indirectly given to performers by placing the gratuity on the stage.
7. Hours of Operation. No adult entertainment facility shall be open for business between 1:00 a.m. and 1:00 p.m., seven days per week.