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The Mayor or his or her designee shall suspend a permit for a period not to exceed 30 days if he or she determines that a permittee, or his or her designee or employee, has:
(A) Violated or is not in compliance with any section of this chapter;
(B) Been charged with or convicted of being under the influence of alcoholic beverages while working in the sexually oriented business premises;
(C) Refused to allow an inspection of sexually oriented business premises as authorized by this chapter;
(D) Knowingly permitted gambling by any person on the sexually oriented business premises;
(E) Operated the sexually oriented business in violation of a building, fire, health, or zoning statute, code, ordinance, or regulation, whether federal, state or local, said determination being based on investigation by the division, department or agency charged with enforcing said rules or laws. In the event of such statute, code, ordinance or regulation violation, the city or it designee, shall promptly notify the permittee of the violation and shall allow the permittee a seven day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven day period, the city or it designee, shall forthwith suspend the permit and shall notify the permittee of the suspension;
(F) Engaged in permit transfer contrary to § 112.30. In the event that the city or its designee suspends a permit on the ground that a permittee engaged in a permit transfer contrary to § 112.30, the Mayor or his or her designee shall forthwith notify the permittee of the suspension. The suspension shall remain in effect until the applicable section of this chapter has been satisfied;
(G) Operated the sexually oriented business in violation of the hours stipulated by Indiana law which pertain to the sale or consumption of alcoholic beverages. The suspension shall remain in effect until the violation of the statute, code, ordinance or regulation in question has been corrected; or
(H) Knowingly employs a person who does not have a valid license as required in § 112.31.
(Ord. 98-5, passed 7-27-98)
(A) The Mayor or his or her designee shall revoke a permit if a cause of suspension in § 112.27 occurs and the permit has been suspended for any reason within the preceding 12 months.
(B) The Mayor or his or her designee shall revoke a permit upon determining that:
(1) A permittee gave false or misleading information in the material submitted during the application process which was intended to enhance the applicant's opportunity for obtaining a permit;
(2) A permittee or an employee has knowingly allowed possession, use or sale of controlled substances in or on the premises;
(3) A permittee or an employee has knowingly allowed prostitution on the premises;
(4) A permittee or an employee knowingly operated the sexually oriented business during a period of time when the permittee’s permit was suspended;
(5) A permittee has been convicted of a “specified criminal act” for which the time period required in § 112.23 has not elapsed;
(6) On two or more occasions within a 12 month period, a person or persons committed an offense, occurring in or on the permitted premises, constituting a specified criminal act for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit;
(7) A permittee is convicted of tax violations for any taxes or fees related to a sexually oriented business;
(8) A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other specified sexual activities to occur in or on the permitted premises; or
(9) A permittee has been operating more than one sexually oriented business under a single roof, without proper permit, within the territorial or zoning jurisdiction of the city.
(C) When the Mayor or his or her designee revokes a permit, the revocation shall continue for one year and the permittee shall not be issued a sexually oriented business permit for one year from the date revocation became effective. If, subsequent to revocation, the Mayor or his or her designee finds that the basis for revocation under § 112.28 has been corrected, the applicant shall be granted a permit if at least 90 days have elapsed since the date revocation became effective. If the permit was revoked under § 112.28, an applicant may not be granted another permit until the number of years required under § 112.28 have elapsed.
(Ord. 98-5, passed 7-27-98)
After denial of an application, or denial of a renewal of an application, or suspension or revocation of a permit, the applicant or permittee may seek prompt review of such administrative action through the City Council or special City Review Board if one is established by the city. If the denial, suspension or revocation is affirmed upon review, the administrative action shall be promptly reviewed by a court having jurisdiction over the parties.
(Ord. 98-5, passed 7-27-98)
(A) A permittee shall not operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application for permit.
(B) A permittee shall not transfer his or her permit to another person unless and until such other person satisfies the following requirements:
(1) Obtains an amendment to the permit from the Mayor or his or her designee, which provides that he or she is now the permittee, which amendment may be obtained only if he or she has completed and properly filed an application with the Mayor or his or her designee, setting forth the information called for under § 112.23 in the application; and
(2) Pays the transfer fee of 20% of the annual permit fee set by this chapter.
(C) No permit may be transferred when the Mayor or his or her designee has notified the permittee that suspension or revocation proceedings have been or will be brought against the permittee.
(D) A permittee shall not transfer his or her permit to another location.
(E) Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void and the permit shall be deemed revoked.
(Ord. 98-5, passed 7-27-98)
A person commits an infraction if he or she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and knowingly or with reasonable cause to know, permit, suffer, or allow:
(A) Admittance of a person under 18 years of age to the business premises;
(B) A person under 18 years of age to remain at the business premises;
(C) A person under 18 years of age to purchase goods or services at the business premises; or
(D) A person who is under 18 years of age to work at the business premises as an employee.
(Ord. 98-5, passed 7-27-98)
(A) It shall be unlawful and a person commits an infraction if he or she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and advertises the presentation of any activity prohibited by any applicable state statute or local ordinance.
(B) It shall be unlawful and a person commits an infraction if he or she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and displays or otherwise exhibits the materials and/or performances at such sexually oriented business in any advertising which is visible outside the premises. This prohibition shall not extend to advertising of the existence or location of such sexually oriented business.
(C) The permittee shall not allow any portion of the interior premises germane to adult entertainment to be visible from outside the premises.
(D) All off-street parking areas and premise entries of the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and/or walkways. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the required sketch or diagram of the premises.
(E) Nothing contained in this section of the chapter shall relieve the operator(s) of a sexually oriented business from complying with the requirements of the city, commonly known as the Sexually Oriented Business chapter, as it may be amended from time to time, or any subsequently enacted city ordinance or regulations.
(Ord. 98-5, passed 7-27-98)
(A) It shall be unlawful and a person commits an infraction if he or she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and allows such business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, between the hours of 1:00 a.m. and 9:00 a.m. of any particular day.
(B) It shall be unlawful and a person commits an infraction if, working as an employee of a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, said employee engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service, or solicits a service, except during lawful hours of operation as provided by the Indiana Alcoholic Beverage Commission.
(Ord. 98-5, passed 7-27-98)
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