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(a) An applicant or licensee shall permit representatives of the Fire Department or Zoning Administrator to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is open for business.
(b) It shall be unlawful for an owner, operator, agent or employee of a sexually oriented business to deny access to the proper authorities for such lawful inspection of the premises.
(c) Whoever violates this section is guilty of unlawful refusal of inspection. Unlawful refusal of inspection is a misdemeanor of the fourth degree.
(Ord. 2852. Passed 10-25-04.)
(a) Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in Section 1271.04. Application for renewal must be made at least thirty (30) days before the expiration date. Failure to submit the application for renewal within the 30 day time limit may result in the delay of renewal. If the renewal date does not occur on or before the expiration date, the expiration shall take effect.
(b) When the Zoning Administrator denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial unless there is a judicial determination that the denial of renewal was wrongful.
(Ord. 2852. Passed 10-25-04.)
(a) The Zoning Administrator shall suspend a license for a period not to exceed thirty (30) days if he or she determines that licensee has:
(1) Violated or is not in compliance with any section of this chapter;
(2) Refused to allow prompt inspection of the sexually oriented business premises as authorized by this chapter.
(3) Three suspensions within a one-year period shall result in a license revocation.
(b) The Zoning Administrator shall revoke a license upon the Zoning Administrator's determination that:
(1) A licensee gave false or misleading information in the material submitted during the application process;
(2) A licensee was convicted of a "specified criminal activity" on a charge that was pending prior to the issuance of the license;
(3) A licensee has, with knowledge, permitted the possession, use, or sale of controlled substances on the premises;
(4) A licensee has, with knowledge, permitted prostitution on the premises;
(5) A licensee has, with knowledge, operated the sexually oriented business during a period of time when the licensee's license was suspended;
(6) A licensee is delinquent in payment to the City or State for any taxes or fees;
(7) A licensee or agent or operator or attendant has, with knowledge, permitted a person under eighteen (18) years of age to enter the adult oriented business; or
(8) A licensee has sold, assigned, or transferred ownership or control of the sexually oriented business to a non-licensee;
(9) A licensee has, with knowledge, permitted a person or persons to engage in specified sexual activities on the premises of the sexually oriented business.
(c) When the Zoning Administrator revokes a license, the revocation shall continue for one (1) year, and the licensee shall not be issued a sexually oriented license for one (1) year from the date revocation became effective.
(Ord. 2852. Passed 10-25-04.)
(a) Sexually oriented businesses shall be located in Industrial Districts only and must obtain a conditional use permit.
(b) No adult entertainment business shall be permitted in a location which is within 750 feet of another adult entertainment business;
(c) No adult entertainment business shall be permitted in a location which is within 1,000 feet of any church, any public or private school, any park, any playground, or any social services facility or neighborhood center;
(d) No adult entertainment business shall be permitted in a location which is within 500 feet of any residence or boundary of any residential district;
(e) No adult entertainment business shall be permitted in a location which is within 200 feet of any boundary of any residential district in a local unit of government abutting the City.
(Ord. 2852. Passed 10-25-04.)
(a) No building shall be erected, constructed, or developed, and no building or premises shall be reconstructed, remodeled, arranged for use or used for any adult entertainment business unless authorized by the issuance of a conditional use permit in accordance with the provisions of Chapter 1278. In addition to said provisions, an adult entertainment business shall comply with the following conditional use criteria.
(b) Adult entertainment businesses shall comply with the district regulations applicable to all properties in any district in which they are located.
(Ord. 2852. Passed 10-25-04.)
(a) The Zoning Administrator shall revoke the conditional use permit for any adult entertainment business in the event that the license to operate such adult entertainment business is revoked.
(b) The Zoning Administrator shall revoke the conditional use permit for any adult entertainment business if so determined pursuant to the action of the Board of Zoning Appeals, or if the Zoning Administrator determines, after interviewing both the complainant and the adult entertainment business, that the specific reasons in the complaint appear to be proper grounds for suspension or revocation of the conditional use permit, he or she shall refer the matter to the Board of Zoning Appeals
(Ord. 2852. Passed 10-25-04.)
(a) A person who operates or causes to be operated a sexually oriented business which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette, or other video reproduction, that depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(1) Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the business license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (6") inches. The Zoning Administrator may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(2) The application shall be sworn to be true and correct by the applicant.
(3) No alteration in the configuration or location of a manager's station may be made without the prior approval of the Zoning Administrator or his or her designee.
(4) It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
(5) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of the entire area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of the entire area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
(6) It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in subsection (5) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted, as designated in the application filed pursuant to subsection (1) of this section.
(7) No viewing room may be occupied by more than one person at any time.
(8) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five (5.0) foot-candle as measured at the floor level.
(9) It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(10) No licensee shall allow an opening of any kind to exist between viewing rooms or booths.
(11) No person shall make any attempt to make an opening of any kind between the viewing booths or rooms.
(12) The operator of the sexually oriented business shall, during each business day, inspect the walls between the viewing booths to determine if any openings or holes exist.
(13) The operator of the sexually oriented business shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
(14) The operator of the sexually oriented business shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within forty eight (48") inches of the floor.
(b) A person having a duty under Subsections (1) through (14) of this Section commits a misdemeanor if he or she, with knowledge, fails to fulfill that duty.
(Ord. 2852. Passed 10-25-04.)
(a) It shall be unlawful for an owner or operator of a sexually oriented business to allow the merchandise or activities of the adult oriented business to be visible from a point outside the adult oriented business.
(b) It shall be unlawful for the owner or operator of a sexually oriented business to allow the exterior portion of the sexually oriented business to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by the provisions of this chapter.
(c) It shall be unlawful for the owner or operator of a sexually oriented business to allow exterior portions of the adult oriented business to be painted any color other than a single achromatic color. This provision shall not apply to a sexually oriented business if the following conditions are met:
(1) The adult oriented business is a part of a commercial multi-unit center; and
(2) The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the business, are painted the same color as one another or are painted in such a way so as to be a component of the overall architectural style or pattern of the commercial multi-unit center.
(d) Nothing in this article shall be construed to require the painting of an otherwise unpainted exterior portion of a sexually oriented business.
(e) A violation of any provision of this Section shall constitute a minor misdemeanor. Each day of the offense shall be considered a separate offense.
(Ord. 2852. Passed 10-25-04.)
(a) Notwithstanding any other city ordinance, code, or regulation to the contrary, it shall be unlawful for the operator of any sexually oriented business or any other person to erect, construct, or maintain any sign for the sexually oriented business other than the one (1) primary sign and one (1) secondary sign, as provided herein.
(b) Primary signs shall have no more than two (2) display surfaces. Each such display surface shall:
(1) Not contain any flashing lights;
(2) Be a flat plane, rectangular in shape;
(3) Not exceed seventy-five (75) square feet in area; and
(4) Not exceed ten (10) feet in height or ten (10) feet in length.
(c) Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations in any manner, and may contain only the name of the enterprise.
(d) Each letter forming a word on a primary sign shall be of solid color, and each such letter shall be the same print-type, size and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color.
(e) Secondary signs shall have only one display surface. Such display surface shall:
(1) Be a flat plane, rectangular in shape;
(2) Not exceed twenty (20) square feet in area;
(3) Not exceed five (5) feet in height and four (4) feet in width; and
(4) Be affixed or attached to any wall or door of the enterprise.
(f) The provisions of item (1) of subsection (b) and subsection (c) and (d) shall also apply to secondary signs.
(g) Violation of any provision of this Section shall constitute a minor misdemeanor. Each day of the offense shall be considered a separate offense.
(Ord. 2852. Passed 10-25-04.)
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