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§ 153.094 EXPIRATION OF PERMIT.
   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)
§ 153.095 SUSPENSION OF PERMIT.
   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;
   (E)   Engaged in permit transfer contrary to § 153.098 and, in that event, the suspension shall remain in effect until the requirements of § 153.098 have been fully met;
   (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)
§ 153.096 REVOCATION OF PERMIT.
   (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)
§ 153.097 APPEAL AND REVIEW.
   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)
§ 153.098 TRANSFER OF PERMIT.
   (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)
§ 153.099 SEXUALLY ORIENTED BUSINESS EMPLOYEE LICENSE.
   (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
§ 153.110 ESTABLISHMENT OF ZONING DISTRICTS.
   In order to carry out the purposes of this chapter, the town is hereby classified into eight zoning districts, as follows:
   (A)   Open Space;
   (B)   Agricultural;
   (C)   Single-Family Residential;
   (D)   Mobile Home Residential;
   (E)   Multiple-Family Residential;
   (F)   Commercial Zone; and
   (G)   Industrial.
(1974 Code, § 18-4-1) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999; Ord. 11-003, passed 7-26-2011)
§ 153.111 LOCATION AND BOUNDARIES OF DISTRICTS.
   (A)   The locations and boundaries of the zoning districts are established as they are shown on the map entitled “The Zoning Map of Fredonia” which is hereby incorporated into this chapter. In the event of a conflict between the zoning map and any action of the Town Council as reflected in the public minutes of the same, the Council action shall be controlling.
   (B)   Where uncertainty exists as to the exact boundary of a zoning district, the following criteria shall apply.
      (1)   Where district boundaries are shown by specific location such as a lot line or street line or creek bed, these lines shall be deemed to be the zone boundary. Commercial zones, unless specifically noted on the map, shall be halfway through the town block.
      (2)   Where the above application of the rules does not clarify the zone boundary, then the Planning and Zoning Commission shall determine the location.
      (3)   Territory not zoned annexed to the town subsequent to the effective date of this chapter shall, upon the date the annexation becomes effective, automatically remain as designated by the county until the time as the Town Council shall see fit to approve a change of zone request for all or any part of the annexed area.
      (4)   Where a lot is divided by one or more district boundary lines, the entire lot shall be deemed to be included in the most restrictive district classification unless the less restrictive uses have already been established for a majority of allowable density.
      (5)   On legal substandard depth lots for the district in which it is located, the front or rear setbacks, except on the street or alley side, may be reduced three inches for each foot that the lot depth is short of the required minimum depth for the district, but in no case may the front and rear yards be reduced to an area of less than 75% of the required minimum.
(1974 Code, § 18-4-2) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
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