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Fort Madison, IA Code of Ordinances
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§ 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)
§ 4-8-7 FEES AND ISSUANCE.
   (A)   A filing fee in accordance with the established fee schedule shall be charged for each application for initial license and annual renewals to assist in deferring the cost of the administrative review. An annual license fee shall also be required upon approval of the application. The applicant(s) shall be held responsible for submitting the required application fees upon submission of a completed application. No action shall be taken on any application until the required application fee is paid in full.
   (B)   The fee schedule, subject to periodic amendment, shall be as follows:
 
Initial application fee
$500
Renewal application fee
$500
Annual license fee
$250
 
   (C)   The applicant(s), owner and/or operator of a sexually-oriented business within the city shall keep and maintain liability insurance in an amount of at least $1,000,000 and shall provide evidence of such insurance upon application for or renewal of each license.
   (D)   Whether a submitted application or renewal application is granted or denied, the applicant shall not be entitled to a refund of any portion of any fee paid.
(Ord. C-439, passed 10-3-2006)
§ 4-8-8 TERM OF LICENSE.
   (A)   Each license issued for the operation of a sexually-oriented business shall remain valid for a period of one calendar year from the date of issuance unless otherwise suspended or revoked. Such license may be renewed only by making application and payment of a fee as provided in this chapter.
   (B)   Application for renewal should be made at least 90 days before the expiration date of the previously issued license.
   (C)   In no event shall a license to operate a sexually-oriented business be extended beyond the original date of expiration.
(Ord. C-439, passed 10-3-2006)
§ 4-8-9 TRANSFER OF LICENSE.
   An owner, operator, employee or entertainer cannot and shall not transfer or attempt to transfer his or her license to another, nor shall an owner, operator, employee or entertainer operate or attempt to 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. C-439, passed 10-3-2006)
§ 4-8-10 LOCATION OF SEXUALLY- ORIENTED BUSINESS FACILITIES.
   (A)   No person shall place, maintain, own or operate any sexually-oriented business in the following locations:
      (1)   In any residential area of a city or town located in whole or in part within the boundaries of the city, unless otherwise allowed by the individual city or town; and/or
      (2)   Within 2,000 feet of any parcel of real estate upon which is located any of the following:
         (a)   A public or private elementary school, junior high school or senior high school;
         (b)   A daycare facility registered with the state;
         (c)   A church;
         (d)   A park or recreation facility operated and/or improved by the city, the county’s Conservation Board or the state;
         (e)   A federal, state, county or special district governmental office;
         (f)   A supermarket, grocery store or convenience store engaged in the sale of food and/or fuel;
         (g)   A restaurant or fast food establishment;
         (h)   Any other sexually-oriented business; and/or
         (i)   Any other business or establishment reasonably believed to be catering to family trade.
   (B)   For purposes of this section, distance shall be measured in a straight line, without regard to intervening structures, from the closest property line of the sexually-oriented business to the closest property line of the real property upon which the previously described facilities are located.
(Ord. C-439, passed 10-3-2006)
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