(A) An employee as defined in § 128.02 shall be required to obtain an employee license. Before the employee license may be issued, the applicant shall submit a form prescribed by the City Controller along with an application fee of $50 and provide the following information:
(1) Full name, all aliases and date and place of birth;
(2) Proof of having attained at least age 18;
(3) Details of any suspension, denial or revocation of any license or permit similar to that sought under this chapter, occurring in the past five years, including date of suspension, denial or revocation, name of the relevant jurisdiction and the reason;
(4) Details of any conviction(s) of a specified criminal activity, including offense and date, place and court of conviction; and (The information is required only to assist the city in compiling statistical data, and shall not be grounds for denying a license.)
(5) For performers, proof of testing for a sexually transmitted disease, as described below.
(B) The City Controller shall promptly refer the application to the Police Department, which shall within 15 days report whether it has determined whether there are any false or misleading statements contained therein. The employee license shall expire after 1 year, but shall be renewable upon completion of a new application and payment of the application fee. Employee licenses shall be granted or denied within 30 days of a properly submitted application. The license will be granted unless one or more of the following is determined:
(1) The applicant is under 18 years of age;
(2) The applicant is overdue in payment to the city of fines, fees or penalties assessed in relation to an adult entertainment business;
(3) The applicant has failed to provide all information required by this chapter or has falsely provided the information;
(4) The applicant has not fully paid the application fee;
(5) The applicant is in violation of any provision of this chapter;
(6) Granting the license would violate a statute, ordinance or court order; and
(7) The applicant has a license under this chapter that has been suspended or revoked and insufficient time has passed.
(C) Denial of an employee license shall made by the City Controller in writing, with reasons for the denial specified, and within 30 days of receipt of the application. A hearing will be held within 20 days after denial at which the applicant may present evidence to controvert the denial. The Controller must affirm or reverse its decision within ten days after the hearing. Denials may be appealed to the Board of Public Works and Safety within 30 days of the final decision, and thereafter appealed to the Circuit or Superior Courts as provided for in law.
(D) The license must be posted in each adult entertainment business where the licensee is an employee, in an area in open view to customers.
(E) (1) The City Controller shall suspend or revoke a license issued under this section if the Controller determines the employee has knowingly violated an ordinance, statute or regulation, whether local, state or federal, on the premises of the adult entertainment business or § 128.06(L), (M) or (O), the determination being based on investigation by the division, department or agency charged with enforcing the rule or law, as follows:
(a) Thirty day suspension for 1 violation within a 12-month period;
(b) Sixty day suspension for 2 violations within a 12-month period; and
(c) Revocation of license for 3 violations within a 12-month period, and the licensee may not reapply for a license for 1 year from the date of revocation.
(2) Each violation of a single provision of any ordinance, statute or regulation shall be considered a separate violation, even if the violations occurred during a single incident or at the same time.
(F) The City Controller shall notify the licensee in writing of its intent to suspend or revoke the license. A hearing will be held within 10 days after the notice at which the licensee may present evidence to controvert the Controller’s decision. The Controller must affirm or reverse its decision within 5 days after the hearing, at which point the suspension or revocation shall be effective. Suspensions and revocations may be appealed to the Board of Public Works and Safety within 30 days after the final decision, and thereafter appealed to the Circuit or Superior Courts as provided for in law.
(G) Within 60 days of being awarded a license and once every 12 months, an employee shall attend, free of charge, at least 1 workshop, seminar or other program, for not less than 1 hour, conducted by the City Health Department or its designee, on the subject of sexually transmitted diseases and other public health issues.
(H) Upon being awarded a license and once every 12 months, an employee shall answer, either in writing or orally, a series of questions, to be administered by the City Health Department, concerning:
(1) The requirements of this chapter; and
(2) The danger of sexually transmitted diseases, how they are spread and how they may be prevented.
(I) The purpose of answering these questions shall be to increase knowledge about sexually transmitted diseases and therefore reduce their incidence. There shall be no penalty for incorrectly answering the questions, and the City Health Department shall provide the applicant with the correct answers in writing.
(J) Once every 12 months, a performer shall submit to a test for sexually transmitted diseases at a facility approved for such testing or licensed health care provider. The results of that test shall remain confidential, except to the extent required under law, but the performer shall submit to the City Controller’s office a statement from the testing facility or health care provider evidencing the testing, on a form provided by the City Controller. The statement must be submitted before a license will be originally granted or renewed.
(K) The City Controller shall make available to all applicants information about the location of facilities available for treatment of sexually transmitted diseases.
(Prior Code, § 128.05) (Ord. 8463, passed 1-13-2003)