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(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)
(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)
(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)
(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)
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)
(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)
(A) Notwithstanding any other ordinance, code or regulation to the contrary, a sexually-oriented business shall not erect or maintain any sign for the sexually-oriented business other than one primary sign and one secondary sign as provided herein.
(B) The primary sign shall have no more than two display surfaces. Each such display surface shall:
(1) Not contain any flashing lights;
(2) Be a flat plane, rectangular in shape;
(3) Not exceed 75 square feet in area;
(4) Not exceed ten feet in height or ten feet in length;
(5) Contain no photographs, silhouettes, drawings or pictorial representations in any manner; and
(6) Contain letters of a solid color with each such letter consisting of the same print type, size and color as all other letters forming each word on the sign. Additionally, the background behind such lettering on the display surface of the sign shall be of a uniform and solid color.
(C) A secondary sign shall have only one display surface. Such display surface shall:
(1) Be a flat plane, rectangular in shape;
(2) Not exceed 20 square feet in area;
(3) Not exceed five feet in height and four feet in width;
(4) Be affixed or attached to a wall of the enterprise; and
(5) Conform with the provisions of divisions (B)(1), (B)(5) and (B)(6) above relating to primary signs.
(Ord. C-439, passed 10-3-2006)
No sexually-oriented business facility shall be conducted in a manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas by display, decoration, sign, show window or other opening from any public way or from any property not licensed as a sexually-oriented business facility.
(Ord. C-439, passed 10-3-2006)
It shall be the duty of the owner and/or operator of a sexually-oriented business to:
(A) Post conspicuous signs stating that no loitering is permitted on the property constituting the sexually-oriented business;
(B) Designate one or more employees to monitor the activities of persons on the property constituting the sexually-oriented business by visually inspecting such property at least once every hour or inspecting such property by use of video cameras and monitors;
(C) Provide lighting of the exterior premises of the property which constitutes the sexually-oriented business sufficient to provide for visual inspection or video monitoring to prohibit loitering, the consumption of alcoholic beverages, wine or beer or any other unlawful activity; and
(D) If used, video cameras and monitors shall operate continuously at all times the premises are open for business. The monitors shall be installed within an operator’s station or at a cash register where an employee is regularly present. Recordings shall be made and maintained for a minimum of 30 days. All recordings shall be made available for inspection and viewing upon request and without a warrant, to any law enforcement officer during regular business hours.
(Ord. C-439, passed 10-3-2006)
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