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(A) An owner and/or operator of a sexually- oriented business shall not allow the possession or consumption by any person of any alcoholic beverage, wine or beer in a sexually-oriented business facility or on any part of the real property that is used for carrying on the sexually-oriented business.
(B) It shall be the duty of the owner and/or operator of each sexually-oriented business to ensure that no alcoholic beverage, wine or beer is being possessed or consumed upon the real property or within the facility comprising the sexually-oriented business.
(C) This section shall not apply to the individually licensed sexually-oriented business if it has applied for, and been granted, a liquor license as authorized by the laws of the state.
(Ord. C-439, passed 10-3-2006)
(A) All dancing and other live performances shall occur on a stage constructed and intended for that purpose which is separate and apart from the general public/patron area and unobstructed from all horizontal views within the building.
(B) All dancing and other live performances shall occur at least five feet away from any other person or patron.
(C) No owner, operator, employee or entertainer shall fondle, caress or otherwise touch any other person or patron and no person or patron shall fondle, caress or otherwise touch any owner, operator, employee or entertainer.
(D) No person or patron shall directly pay or give any gratuity to any entertainer and no entertainer shall solicit any pay or gratuity from any person or patron. Gratuities may be indirectly given to entertainers by placing the gratuity on the stage.
(Ord. C-439, passed 10-3-2006)
No owner, operator, associate, member, representative, agent, employee or entertainer of such owner or operator shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in, on, or about the real property and/or facility comprising the sexually-oriented business which is prohibited by any ordinance or law of the state or the United States.
(Ord. C-439, passed 10-3-2006)
No sexually-oriented business shall be or remain open for business between 11:00 p.m. and 6:00 a.m., Monday through Saturday. No sexually-oriented business shall be open for business between 11:00 p.m. on Saturday and 6:00 a.m. the following Monday.
(Ord. C-439, passed 10-3-2006)
An owner, operator or employee of a sexually- oriented business shall permit any member from the City Council, Police Department, Iowa State Patrol, Fire and Building Department or any other designated agent(s) to inspect the real estate and facilities comprising a sexually-oriented business for the purpose of ensuring compliance with the law and this chapter at any time it is occupied or open for business.
(Ord. C-439, passed 10-3-2006)
(A) The City Council may suspend a license to operate a sexually-oriented business for a period not to exceed six days if it determines that an owner, operator, employee or entertainer:
(1) Violated or is not in compliance with any section of this chapter; and/or
(2) Refused to allow an inspection of the sexually-oriented business facility and premises as authorized by this chapter.
(B) In the event any owner, operator, employee or entertainer has been found to be in violation of this chapter in a court of law or under the ordinance hearing procedures, no hearing is necessary prior to suspension of the license under this section.
(Ord. C-439, passed 10-3-2006)
(A) The City Council may revoke a sexually-oriented business license if a cause of suspension set forth in § 4-8-20 of this chapter occurs and the same sexually-oriented business license has been suspended within the preceding 12 months or, if any owner, operator, employee or entertainer is convicted of any of the aforementioned criminal activity.
(B) The City Council may revoke a sexually- oriented business license if it determines that an owner, operator, employee or entertainer of the sexually-oriented business:
(1) Gave false or misleading information in the material submitted during the application process;
(2) Has knowingly allowed the possession, use or sale of a controlled substance on or about the premises constituting the sexually-oriented business;
(3) Has knowingly allowed the possession, use or sale of any alcoholic beverage, beer or wine on or about the premises constituting the sexually- oriented business;
(4) Has knowingly allowed prostitution on the premises constituting the sexually-oriented business;
(5) Knowingly operated the sexually- oriented business during a period of time when the sexually-oriented business’s license was suspended;
(6) Has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sex act to occur in or on the premises constituting the sexually-oriented business;
(7) Is delinquent in the payment of any city, county, state or federal taxes, of any nature, or fees past due; and/or
(8) Has knowingly or intentionally facilitated another in the commission of any criminal act or violation of this chapter.
(C) When the City Council revokes a license to operate a sexually-oriented business, the revocation shall continue for one year. No applicant, owner, operator, employee or entertainer of the sexually- oriented business whose license was revoked shall be issued a sexually-oriented business license for one year from the date the revocation became effective. If, however, subsequent to revocation, the City Council finds that the factual basis for the revocation did not occur, the revoked license shall be reinstated.
(D) After denial of an application or denial of a renewal of an application, or suspension or revocation of any sexually-oriented business license, any applicant or owner may seek prompt judicial review of such action in any court of competent jurisdiction.
(Ord. C-439, passed 10-3-2006)
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