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(A) The City Administrator 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 City Administrator 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 knowingly or recklessly engaged in or allowed possession, use, or sale of controlled substances on the premises of the sexually oriented business;
(3) The licensee has knowingly or recklessly engaged in or allowed prostitution on the premises of the sexually oriented business;
(4) The licensee knowingly or recklessly operated the sexually oriented business 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 sexually oriented business;
(6) The licensee has knowingly or recklessly allowed a person under the age of 21 years to consume alcohol 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;
(8) The licensee has knowingly or recklessly allowed three or more violations of this chapter within a 12-month period; or
(9) The licensee has failed to meet or maintain the qualifications to be issued or to hold the license.
(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, the city revokes a license, 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. O-2-07, passed 2-22-07; Am. Ord. O-28-2023, passed 11-7-23)
(A) (1) When the City Administrator issues a written notice of intent to deny, suspend, or revoke a license, the City Administrator 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 or email. The notice shall be directed to the most current business address or other mailing address or email address on file with the City Administrator for the applicant or licensee. The notice shall also set forth the following: The applicant or licensee shall have ten business days after the issuance of the written notice to deliver, at the office of the City Administrator, a written request for a hearing that specifies the alleged defects in the City Administrator’s licensing decision. If the applicant or licensee does not request a hearing within said ten business days, the City Administrator’s written notice shall become a final denial, suspension, or revocation, as the case may be, on the fifteenth business day after it is issued.
(2) If the applicant or licensee (hereafter, "petitioner") does make a written request for a hearing within said ten business days, then the City Administrator shall, within ten business 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.
(3) 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 City Administrator's witnesses. The City Administrator 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 petitioner shall have the burden of proving by a preponderance of the evidence that there is no substantial evidence to support the City Administrator's licensing decision. The Hearing Officer shall affirm the City Administrator'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 Officer shall issue a final written decision, including specific reasons for the decision pursuant to this chapter, to the petitioner and the city within five days after the hearing.
(4) 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 City Administrator's licensing decision, the Hearing Officer shall, contemporaneously with the issuance of the decision, order the City Administrator to immediately withdraw the intent to deny, suspend, or revoke the license and to notify the petitioner in writing by certified mail or email of such action. If the petitioner is not yet licensed, the City Administrator shall contemporaneously therewith issue the license to the applicant.
(B) If any court action challenging the licensing decision is initiated, the city 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 City Administrator. Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the city's enforcement of any denial, suspension, or revocation of a license, the City Administrator 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 court's entry of a judgment on the petitioner's appeal or other action to restrain or otherwise enjoin the city'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 §§ 119.07, 119.13, 119.14, 119.15, and 119.18, and any violations thereof shall be subject to the provisions of § 119.99. A provisional license may be suspended under § 119.09 or revoked under § 119.10, and if an appeal is taken from that suspension or revocation decision, the city will issue no further provisional license or stay of enforcement.
(Ord. O-2-07, passed 2-22-07; Am. Ord. O-28-2023, passed 11-7-23)
A licensee shall not transfer his or 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 sexually oriented business license application.
(Ord. O-2-07, passed 2-22-07; Am. Ord. O-28-2023, passed 11-7-23)
(A) A person who operates or causes to be operated an adult arcade or adult motion picture theater shall comply with the following requirements.
(1) Each application for a sexually oriented business license shall contain a diagram of the premises showing the location of all operator's stations, booths or viewing rooms, overhead lighting fixtures, and restrooms, and shall designate all portions of the premises in which patrons will not be permitted. Restrooms shall not contain equipment for displaying films, video cassettes, digital video discs, or other video reproductions. The diagram shall also designate the place at which the license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The City Administrator may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(2) It shall be the duty of the operator, and of any employees present on the premises, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.
(3) The interior premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five foot-candles as measured at the floor level. It shall be the duty of the operator, and of any employees present on the premises, to ensure that the illumination described above is maintained at all times that the premises is occupied by patrons or open for business.
(4) It shall be the duty of the operator, and of any employees present on the premises, to ensure that no specified sexual activity occurs in or on the premises.
(5) It shall be the duty of the operator to post conspicuous signs in well-lighted entry areas of the business stating all of the following:
(a) That the occupancy of viewing rooms less than 100 square feet is limited to one person.
(b) That sexual activity on the premises is prohibited.
(c) That the making of openings between viewing rooms is prohibited.
(d) That violators will be required to leave the premises.
(e) That violations of these regulations are unlawful.
(6) It shall be the duty of the operator to enforce the regulations articulated in division (5)(a) though (e) above.
(7) The interior of the premises shall be configured in such a manner that there is an unobstructed view from an operator's station of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose. An operator's station shall not exceed 32 square feet of floor area. If the premises has two or more operator's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms, from at least one of the operator's stations. The view required in this division must be by direct line of sight from the operator's station. It is the duty of the operator to ensure that at least one employee is on duty and situated in each operator's station at all times that any patron is on the premises. It shall be the duty of the operator, and it shall also be the duty of any employees present on the premises, to ensure that the view area specified in this division remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises.
(8) It shall be the duty of the operator to ensure that no porous materials are used for any wall, floor, or seat in any booth or viewing room.
(9) It shall be unlawful for a person having a duty under this section to knowingly or recklessly fail to fulfill that duty.
(10) No patron shall knowingly or recklessly enter or remain in a viewing room less than 100 square feet in area that is occupied by any other patron.
(11) No patron shall knowingly or recklessly be or remain within one foot of any other patron while in a viewing room that is 100 square feet or larger in area.
(12) No person shall knowingly or recklessly make any hole or opening between viewing rooms.
(Ord. O-28-2023, passed 11-7-23)
(A) It shall be the duty of the operator of a sexually oriented business to:
(1) Post conspicuous signs stating that no loitering is permitted on such property;
(2) Designate one or more employees to monitor the activities of persons on such property by visually inspecting such property at least once every 90 minutes or inspecting such property by use of video cameras and monitors; and
(3) Provide lighting of the exterior premises to provide for visual inspection or video monitoring to prohibit loitering. Said lighting shall be of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than one (1.0) foot candle as measured at the floor level. If used, video cameras and monitors shall operate continuously at all times that the premises are open for business. The monitors shall be installed within an operator’s station.
(B) It shall be the duty of the operator of a sexually oriented business to ensure that the interior premises shall be equipped with overhead lighting of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than five (5.0) foot candles as measured at the floor level and the illumination must be maintained at all times that any customer is present in or on the premises.
(C) No sexually oriented business shall erect a fence, wall, or similar barrier that prevents any portion of the parking lot(s) for the establishment from being visible from a public right-of-way.
(D) It shall be unlawful for a person having a duty under this section to knowingly or recklessly fail to fulfill that duty.
(Ord. O-2-07, passed 2-22-07; Am. Ord. O-28-2023, passed 11-7-23)
(A) All existing sexually oriented businesses that are, in all respects, lawfully operating in the city in compliance with all state and local laws on the effective date of this chapter, and sexually oriented business employees that are, in all respects, lawfully working in a lawfully operating sexually oriented business in the city on the effective date of this chapter, may continue operation or employment until the expiration, suspension, or revocation of their current license. Further licensing shall be subject to this chapter.
(B) Except as provided for in § 119.16(A), sexually oriented businesses shall comply with this chapter on the date that it takes effect.
(Ord. O-28-2023, passed 11-7-23)
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