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§ 4-8-1 PURPOSE AND INTENT.
   (A)   The purpose of this chapter is to provide standards and guidelines to regulate the time, place and manner of operation of an adult oriented business in order to minimize the negative secondary impacts associated with such businesses and to promote the health, safety and general welfare of the public.
   (B)   It is neither the intent nor the effect of this chapter to impose limitations or restrictions on the content of any communicative materials. Likewise, it is neither the intent nor the effect of this chapter to restrict or deny access by adults to adult-oriented materials or entertainment protected by the first amendment, or to deny access by the distributors and exhibitors of adult oriented entertainment to their intended market.
   (C)   Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which otherwise violates any city or county ordinance or statute of the state, regarding public nuisances unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition, distribution or display thereof.
(Ord. C-439, passed 10-3-2006)
§ 4-8-2 DEFINITIONS.
   (A)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates of requires a different meaning.
      ADULT. A person 21 years of age or older.
      DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON. The dominant or essential theme of the object described by such phrase.
      EMPLOYEE. Every owner, operator, partner, supervisor, performer, entertainer, dancer, waitress, bartender, bouncer, manager, food service worker, cashier, custodial or maintenance person, or other worker, whether paid or not, who renders services of any nature in the conduct of a sexually- oriented business. It shall be a rebuttable presumption that every person who renders services of any nature in the conduct of a sexually-oriented business is an EMPLOYEE of the sexually-oriented business.
      ENTERTAINER. Any person, performer or dancer, whether an employee or independent contractor, or any other person who, with or without any compensation or other form of consideration, performs live entertainment for any patrons of a sexually-oriented business.
      NUDITY or STATE OF NUDITY. The display of the human male or female genitals, pubic area or buttocks with less than a fully opaque coverage; the display of any portion of the female breast below the top of the areola with less than a fully opaque covering; the exposure of any device, costume or covering which gives the appearance of or simulates human male or female genitals, pubic area, buttocks or female nipple and areola.
      PERSON. Any individual, firm, association, partnership, copartnership, corporation, limited liability corporation, joint stock company, joint venture or combination of the above in whatever form or character.
      SEXUALLY-ORIENTED BUSINESS. Any business or establishment that regularly features live or recorded performances that are distinguished or characterized by an emphasis upon the depiction or exposure of specified anatomical areas and/or specified sexual activities. SEXUAL-ORIENTED BUSINESS shall include, but not be limited to, the following business activities and activities similar thereto: adult or nude encounter studios; adult or nude dance studios; adult or nude exhibitions; peep shows; adult or nude wrestling centers; adult or nude art or photograph studios or exotic lingerie shows. Businesses engaged in the sale or rental of X-rated videos, DVDs, CDs, magazines, posters, devices, clothing and the like shall be considered as a SEXUALLY-ORIENTED BUSINESS when such materials, sales or rentals constitute in excess of 33% of the businesses’ total revenue or in stock inventory.
      SEXUALLY-ORIENTED BUSINESS OPERATOR. Any person in an ownership or employee capacity who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of, the premises of a sexually-oriented business or the conduct or activities occurring on the premises thereof.
      SEXUALLY-ORIENTED BUSINESS OWNER. Any person or persons who hold a financial or other business interest, in whole or in part, either singly or jointly, in a sexually-oriented business. Indicia of ownership may be established by evidence including, but not limited to, business license, information, fictitious business name registration, utility billing information, corporate filings, or by other competent evidence.
      SPECIFIED ANATOMICAL AREAS. Human male and female genitals, pubic region or buttocks and the nipple or areola of the female breast.
      SPECIFIED SEXUAL ACTIVITIES. Any of the following, whether performed directly or indirectly through clothing or other covering:
         (a)   Human genitals in a state of sexual stimulation or arousal;
         (b)   Sexual acts, acted or simulated, including sexual intercourse, oral copulation or sodomy;
         (c)   Fondling or other erotic touching of the human genitals, pubic region, buttocks or female breast;
         (d)   Masturbation, actual or simulated;
         (e)   Excretory functions as part of or in connection with any of the other activity described herein; and/or
         (f)   Masochism, erotic or sexually- oriented torture, beating or the infliction of pain in the context of sexual arousal.
   (B)   The foregoing definitions are generic. The uses and businesses governed by division (A) above include any other use or business, regardless of how named or advertised, that is of a character like or similar to the uses and businesses set forth in division (A) above.
(Ord. C-439, passed 10-3-2006)
§ 4-8-3 EXCLUDED ACTIVITIES.
   This chapter does not apply to any of the following activities:
   (A)   Any activity by a person licensed to practice one or more of the healing arts authorized by state law, if and to the extent that such activity is authorized by license;
   (B)   Any activities conducted or sponsored by any school district or other public agency; so long as such activity is being conducted as part of and within the scope of an authorized and regular part of the curriculum or is part of a training or instructional program being conducted by a public agency;
   (C)   Any activity conducted by a person pursuant to any license issued by the state of Iowa or any agency thereof charged with the responsibility of licensing, prescribing standards for and supervising such activity or profession, if and to the extent that such activity is conducted within the course and scope of the exercise of the privileges authorized by such license, or the duties of such agency; or
   (D)   Any activity as to which a license to operate a massage establishment or a license to act as a massage therapist or massage therapist trainee is required by state law.
(Ord. C-439, passed 10-3-2006)
§ 4-8-4 SEXUALLY-ORIENTED BUSINESS LICENSE REQUIRED.
   (A)   No person shall engage in, conduct, carry on or permit to be engaged in, conducted or carried on, in or upon any premises within the city the operation of a sexually-oriented business unless the person first obtains and continues to maintain in full force and effect a license issued by the city as required by this chapter.
   (B)   A license for such business shall be issued to any applicant who has complied with all of the following requirements:
      (1)   The applicant has filed a completed application and paid the required sexually-oriented business application fee;
      (2)   The applicant has not made a material misstatement or misrepresentation in the application;
      (3)   To the extent applicable, the establishment, including the building and lot or portion thereof where the establishment is located or is proposed to be situated meets all location and applicable zoning requirements; and
      (4)   There does not exist a basis for denial as set forth in § 4-8-6(D) of this chapter.
   (C)   Each application for a license to operate a sexually-oriented business within the city shall be accompanied by a non-refundable application fee. The application fee shall be used to defray, in part, administrative costs incurred in the processing of the application, and is not made in lieu of any other fees or taxes required by statute or ordinance. Renewal fees shall also be established. Renewal applications shall update any information which has changed since the filing of the last prior application or renewal application.
(Ord. C-439, passed 10-3-2006)
§ 4-8-5 APPLICATION FOR SEXUALLY- ORIENTED BUSINESS LICENSE.
   (A)   Any person who proposes to operate, maintain or conduct a sexually-oriented business within the city shall first submit to the City Council a completed application for a sexually-oriented business license on a form provided by the city. The application shall contain all of the information requested in this section, along with the non- refundable application fee. An application which is not accompanied by the required application fee shall not be deemed a completed application.
   (B)   If the applicant is an individual, the individual shall provide his or her legal name, address and submit satisfactory written proof that he or she is at least 21 years of age.
   (C)   If the applicant is a partnership, the partners shall state the partnership’s complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement to the application. The applicant shall also submit satisfactory written proof that all partners are at least 21 years of age.
   (D)   If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the state, the names and capacities of all officers and directors and the name of the registered corporate agent and the address of the registered office for service of process purposes.
   (E)   If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a 10% or greater interest in the business entity shall sign the application.
   (F)   If the applicant intends to operate the sexually-oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the sexually-oriented business and show proof of registration of the fictitious name.
   (G)   Each application for a sexually-oriented business license shall contain:
      (1)   A narrative description of the proposed sexually-oriented business for which the license is requested, which shall include proposed hours of operation, number of employees, number of entertainers and a description of the titles and/or positions of each;
      (2)   A detailed diagram showing the interior floor plan and configuration of the premises, depicting all interior rooms including, but not limited to, restrooms, office space, storage areas and public areas and dimensions. The diagram need not be professionally prepared, but shall be drawn to a designated scale and marked dimensions of the interior of the premises to an accuracy of plus or minus six inches (±6");
      (3)   A site plan showing the lot or property on which the sexually-oriented business will be located, the location of the building(s) or portion(s) thereof in which the sexually-oriented business will be located, the number of available parking spaces including those reserved for the persons with disabilities, the location and type of proposed lighting, landscaping, trash enclosures and all means of ingress and egress to and from the property. The site plan need not be professionally prepared, but shall be drawn to a scale with marked dimensions to an accuracy of plus or minus one foot (±1');
      (4)   An area map showing the lot or property on which the sexually-oriented business facility will be located, and the property line(s) and distance to the property line(s) of any church, school, park, daycare, governmental office, supermarket, grocery store, convenience store, restaurant, fast food establishment, other sexually-oriented businesses, residential zoning or the residence of any registered sex offender located within 3,000 feet of the property subject to the license application;
      (5)   The full name, address and telephone number of the property owner and/or property management company if different from the applicant, including a copy of the lease agreement, if any, in effect at the time of the application, and a copy of any other agreements, easements, conditions, covenants, restrictions or other such documents that contain evidence affecting the use or operation of the lot, property, premises or structures which will be subject to the license for which the application has been submitted;
      (6)   The full name, including any aliases or stage names ever used, current residential address, position and/or title of each employee and/or entertainer and all other information required under division (G)(7) below;
      (7)   Each application shall also contain the following information about the applicant(s):
         (a)   Full name, including any aliases, current residential address, telephone number, date of birth, height, weight, color of eyes and hair of each applicant;
         (b)   Social Security number and driver’s license number or state identification card number of each applicant;
         (c)   The previous address of each applicant for a period of five years immediately prior to the date of application and the dates of residence for each;
         (d)   Written proof that the applicant(s) is/are at least 21 years of age;
         (e)   Business, occupation or employment history of the applicant(s) for the five years immediately preceding the date of application;
         (f)   Two recent passport style color photographs of the applicant(s);
         (g)   A fingerprint card with fingerprints attached for each applicant. These shall be obtained from the city’s Police Department; and
         (h)   Such other information as may be deemed necessary and appropriate by the City Council.
      (8)   Authorization for the city or 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; and
      (9)   A written declaration by the applicant, under penalty of perjury, that the information contained in the application is true and correct, with such declaration sworn to and fully executed at the office of the City Clerk.
   (H)   A sexually-oriented establishment lawfully existing and operating on the effective date hereof, if it does not have a valid license, shall apply for a license within 90 days from the effective date hereof and shall be allowed to continue operating during the pendency of the application; provided, it is otherwise in compliance with applicable provisions of this chapter and state law.
   (I)   Mr. Movies and J&D Video or their successors are to be exempt from the definition of a sexually-oriented business and thereby excluded from the regulations of this chapter; provided that, said businesses do not expand upon or increase their respective percentage of adult-rated materials within their store stock or the percentage of total revenues derived from the rental or sale of such adult rated materials as existed on the effective date hereof.
(Ord. C-439, passed 10-3-2006; Ord. D-063, passed 8-4-2020)
§ 4-8-6 ISSUANCE OF LICENSE.
   (A)   Upon the filing of a properly completed and executed application for a sexually-oriented business license under § 4-8-5 of this chapter, the City Council will conduct a preliminary review of the application and may, within 25 days of receipt, refer copies of such application to the Police Department, appropriate fire department(s) and any other designated agents for review and investigation.
   (B)   The City Council, Police Department, appropriate fire department(s) and/or any other designated agents to whom the application was referred may, within 30 days of the referral, inspect the premises proposed to be operated as a sexually- oriented business facility or, in the case of the Police Department, conduct a background investigation of the individuals identified in all areas of the application and, then, all such officials and/or designated agents may make recommendation to the City Council concerning the premises and the applicant’s compliance with the matters coming within the jurisdiction of the aforementioned officials and/or designated agents.
   (C)   Within ten days of receiving the recommendation(s) of the aforementioned officials and/or designated agents, the City Council will render their approval or denial of the application.
   (D)   The City Council shall issue a sexually- oriented business license to the applicant(s) within 90 days of receipt of a properly filed and executed application unless:
      (1)   Any applicant is less than 21 years of age;
      (2)   Any applicant has failed to provide information as required by § 4-8-5 of this chapter for issuance of a license to operate a sexually-oriented business;
      (3)   Any applicant has knowingly made any false, misleading or fraudulent statement of fact in the application for the license or in any other document required by the City Council in connection herewith;
      (4)   The required license application fee has not been paid;
      (5)   Any applicant has been associated with a sexually-oriented or similar business within the last five years that has had their license denied, suspended or revoked for any cause;
      (6)   Any applicant is a person who is not of good moral character and reputation within the community he or she resides;
      (7)   Any applicant has been convicted of any of the following offenses, unless upon investigation the City Council or its designated agent finds that such conviction(s) occurred at least ten years prior to the date of the filing of the application, there have been no subsequent convictions, and the applicant has shown evidence of rehabilitation sufficient to warrant the public’s interest.
         (a)   Any felony under federal law or the laws of this or any other state;
         (b)   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 under the laws of the state or equivalent laws or codes of the United States or any other state; and/or
         (c)   Any other crime or misdemeanor that is sexual in nature and/or opposed to decency and morality.
      (8)   The City Council has denied the license.
   (E)   If the City Council fails to act in approving or denying a properly filed and executed application for a license to operate a sexually-oriented business within 90 days from the receipt and execution of the application, the application shall be deemed approved and a license to operate a sexually-oriented business shall issue upon payment of the annual license fee.
(Ord. C-439, passed 10-3-2006)
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