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An applicant shall permit representatives of the town and county to inspect the premises of a sexually oriented business for the purpose of assuring compliance with the law at any time business is occupied or open for business. Refusal to permit the lawful inspection, regardless of whether or not a permit has been issued under this section, shall be a misdemeanor.
(1974 Code, § 18-3-8-9) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided herein, although in the case of a renewal at the same location, information unchanged from the initial application may be so characterized and not repeated. Application for renewal shall be made 30 days before the expiration date in order for operation to continue without interruption. In the event of denial or revocation of a permit, a new permit shall not be issued hereunder until the expiration of one year from the date of denial or revocation, or from the date of correction of the reason for denial or revocation if, in its sole discretion, the town so permits.
(1974 Code, § 18-3-8-10) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
The town shall suspend a permit for a period not to exceed 30 days if it determines that an operator, or an employee of an operator, has:
(A) Violated or is not in compliance with any provision of this section;
(B) Been under the influence of drugs or alcoholic beverages while working in the sexually oriented business premises;
(C) Refused to allow an inspection of the business premises as authorized by this section;
(D) Negligently permitted the use of alcohol or drugs on the premises by a customer;
(F) Operated the sexually oriented business in violation of the hours of operation set forth in § 153.097; or
(G) Knowingly employs a person who does not have a valid license as required by § 153.099.
(1974 Code, § 18-3-8-11) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
(A) The town shall revoke a permit upon determining that:
(1) An operator gave false or misleading information in the material submitted during the application process that tended to enhance the applicant’s opportunity of obtaining a permit;
(2) An operator had knowingly allowed the possession, use or sale of alcohol or drugs on the premises;
(3) An operator has knowingly allowed prostitution or the solicitation of a sex act to occur on the premises;
(4) An operator has operated the sexually oriented business during a period of time when the permit was under suspension;
(5) An operator is convicted of a “specified criminal” act which would have been grounds for denial of the permit if it had occurred prior to issuance of a permit;
(6) An operator is convicted of tax violations for any taxes or fees related to a sexually oriented business;
(7) An operator knowingly allows any act of sexual intercourse, sodomy, oral copulation, masturbation or any other specified sexual activities to occur within or in the parking lot of the permitted premises; and/or
(8) A cause for suspension arises and the permit has been suspended previously within the preceding 12 months.
(B) An operator, where the owner or permit holder, shall be presumed to have constructive notice of any violation of which an employee, custodian, manager or person in charge may be guilty, regardless of actual notice. Revocation by the town of a permit shall continue for one year, and an operator shall not be issued a sexually oriented business permit for one year from the date a revocation becomes effective. Where deemed appropriate by the town, a revocation may be terminated upon correction by the operator of the basis for revocation; provided, at least 90 days have elapsed since the date revocation became effective.
(1974 Code, § 18-3-8-12) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
After denial of an application, whether initial or renewal, and after suspension or revocation of a permit, the applicant or operator may seek prompt review of the administrative action through the Town Council. If the administrative action is affirmed by the Town Council upon review, the administrative action may be promptly reviewed by the court.
(1974 Code, § 18-3-8-13) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
(A) An operator 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. An operator shall not transfer his or her permit to another unless the following requirements are fully met:
(1) The permit is amended by the town after receipt of a completed application from the transferee setting forth the information called for in § 153.090; and
(2) A transfer fee of 20% of the annual permit fee is tendered by the transferee.
(B) No permit may be transferred after the town has notified an operator that suspension or revocation proceedings have been or will be brought against the operator. Any attempt to transfer a permit in violation of this section is hereby declared void and the permit shall be deemed revoked.
(1974 Code, § 18-3-8-14) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
(A) Each individual employed in a sexually oriented business shall be licensed by the town upon approval of an application providing the following information:
(1) The applicant’s name, date and place of birth, height, weight, hair and eye color, permanent residence address and telephone number;
(2) State driver’s license number and Social Security number;
(3) The applicant’s fingerprints on a form provided by the County Sheriff’s Department;
(4) A statement as to the applicant’s convictions, if any, of a “specified criminal” act as identified herein; and
(5) A statement as to whether applicant has been denied the right to be employed or continue to be employed in a sexually oriented business in any other municipality.
(B) A license granted pursuant to this section shall be subject to annual renewal upon written application and finding by the town that the applicant has not been convicted of any “specified criminal act” as defined by this section or has not otherwise committed any act during the existence of the previous license period which would be grounds to deny the license application.
(1974 Code, § 18-3-8-15) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
ZONING DISTRICTS
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