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Fort Madison, IA Code of Ordinances
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§ 4-8-19 AUTHORIZATION FOR INSPECTION.
   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)
§ 4-8-20 CAUSE FOR SUSPENSION OF LICENSE.
   (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)
§ 4-8-21 CAUSE FOR REVOCATION OF LICENSE.
   (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)
§ 4-8-22 VIOLATIONS AND PENALTIES.
   (A)   Unless otherwise provided, any person who violates any section of this chapter shall be assessed a fine of not less than $50, nor more than $500, and may be imprisoned in the county jail for a term not to exceed 30 days. In addition, the person shall be responsible for all criminal penalty surcharges required by the Code of Iowa and any other surcharges imposed by city ordinance or resolution which shall not be considered part of the city penalty.
   (B)   Any person who violates any section of this chapter shall also be responsible for the costs of prosecution and in the event of a default of payment of said fine, surcharges and/or costs of prosecution, he or she may be imprisoned in the county jail until said financial obligations are paid, but not to exceed 30 days for each violation.
   (C)   A violation may also result in the suspension or revocation of the license to operate a sexually- oriented business in the city pursuant to §§ 4-8-20 and 4-8-21 of this chapter.
(Ord. C-439, passed 10-3-2006)