Loading...
§ 111.23 ISSUANCE OF PERMIT.
   (A)   The Town Council or its designee shall grant or deny an application for a permit within 30 days from the date of its proper filing. Upon the expiration of the thirtieth day, unless the applicant requests and is granted a reasonable extension of time, the applicant shall be permitted to begin operating the business for which the permit is sought, unless and until the county or its designee notifies the applicant of a denial of the application and states the reason(s) for that denial.
   (B)   Grant of applicant for permit.
      (1)   The Town Council or its designee shall grant the application unless one or more of the criteria set forth in division (C) below is present.
      (2)   The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The permit shall also indicate that the sexually oriented business whether permitted or not may be subject to indecency laws. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it can be read at any time.
   (C)   Denial of application for permit.
      (1)   The Town Council or its designee shall deny the application for any of the following reasons:
         (a)   An applicant is under 18 years of age;
         (b)   An applicant is overdue on his or her payment to the county or town of taxes, fees, fines, or penalties assessed against him or her or imposed upon him or her in relation to a sexually oriented business;
         (c)   An applicant has failed to provide information required for the issuance of the permit or has knowingly falsified information on the application form or require to be submitted with the application form;
         (d)   The premises to be used for the sexually oriented business has not been approved as being in compliance with health, fire, and building codes by the department or agency responsible for compliance with the same;
         (e)   The application or permit fees required by this chapter have not been paid;
         (f)   An applicant of the proposed business is in violation of, or is not in compliance with, any of the provisions of this chapter, including, but not limited to, the locational requirements for a sexually oriented business under §§ 111.02, 111.04, and 111.05;
         (g)   The granting of the application would violate a statute, ordinance, zoning ordinance, or court order;
         (h)   The applicant has a permit under this chapter which has been suspended or revoked;
         (i)   An applicant has ever been convicted of a felony or any criminal offense related to prostitution or pornography. The fact that a conviction is being appealed or has been reduced to a misdemeanor shall have no effect on the disqualification of the applicant; and/or
         (j)   An applicant knowingly has in his or her employ, an employee who does not have a valid license as required by this chapter.
      (2)   If the Town Council or its designee denies the application, the town shall notify the applicant of the denial and state the reason(s) for the denial. The denied applicant shall have an opportunity for appeal of the Town Council’s or their designee’s decision as set forth in § 111.29 of this chapter.
      (3)   If a person applies for a permit for a particular location within a period of 12 months from the date of denial of a previous application for a permit at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied.
(Ord. 2009-7, passed 12-30-2009)
§ 111.24 ANNUAL PERMIT FEE.
   The annual fee for a sexually oriented business permit is $1,000.
(Ord. 2009-7, passed 12-30-2009)
§ 111.25 INSPECTION.
   An applicant or permittee shall permit representatives of the Town Council, County Sheriff’s Department, Town Marshal, the Building Inspector, the County Health Department, and the town’s Fire Department to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, including this chapter, at any time it is occupied or open for business, or at any other reasonable time.
(Ord. 2009-7, passed 12-30-2009) Penalty, see § 111.99
§ 111.26 EXPIRATION OF PERMIT.
   Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in § 111.23 (for renewals, filing of the original survey (if applicable) shall be sufficient). Application for renewal shall be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the permit will not be affected.
(Ord. 2009-7, passed 12-30-2009)
§ 111.27 SUSPENSION OF PERMIT.
   The Town Council or its designee shall suspend a permit for a period not to exceed 30 days if the town determines that a permittee, or his or her designee or employee, has:
   (A)   Violated or is not in compliance with any section of this chapter;
   (B)   Been charged with or convicted of being under the influence of alcoholic beverages while working in the sexually oriented business premises;
   (C)   Refused to allow an inspection of sexually oriented business premises as authorized by this chapter;
   (D)   Knowingly permitted illegal gambling by any person on the sexually oriented business premises;
   (E)   Operated the sexually oriented business in violation of a building, fire, health, or zoning statute, code, ordinance, or regulation, whether federal, state, or local, said determination being based on investigation by the division, department, or agency charged with enforcing said rules or laws. In the event of such statute, code, ordinance, or regulation violation, the county or its designee shall promptly notify the permittee of the violation and shall allow the permittee a seven-day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven-day period, the county or its designee shall forthwith suspend the permit and shall notify the permittee of the suspension;
   (F)   Engaged in permit transfer contrary to § 111.30 of this chapter. In the event that the town or its designee suspends a permit on the ground that a permittee engaged in a permit transfer contrary to § 111.30, the Town Council or its designee shall forthwith notify the permittee of the suspension. The suspension shall remain in effect until the applicable section of this chapter has been satisfied;
   (G)   Operated the sexually oriented business in violation of the hours stipulated by state law which pertain to the sale or consumption of alcoholic beverages (the suspension shall remain in effect until the violation of the statute, code, ordinance, or regulation in question has been corrected); or
   (H)   Knowingly employees a person who does not have a valid license as required in § 111.31 of this chapter.
(Ord. 2009-7, passed 12-30-2009)
§ 111.28 REVOCATION OF PERMIT.
   (A)   The Town Council or its designee shall revoke a permit if a cause of suspension in § 111.27 occurs and the permit has been suspended for any reason within the preceding 12 months.
   (B)   The Town Council or its designee shall revoke a permit upon determining that:
      (1)   A permittee gave false or misleading information in the material submitted during the application process, and the false or misleading information was intended to enhance the applicant’s opportunity for obtaining a permit;
      (2)   A permittee or an employee has knowingly allowed possession, use, or sale of controlled substances in or on the premises;
      (3)   A permittee or an employee has knowingly allowed prostitution on the premises;
      (4)   A permittee or an employee knowingly operated the sexually oriented business during a period of time when the permittee’s permit was suspended;
      (5)   A permittee has been convicted of a criminal offense identified in § 111.23(C)(1)(j);
      (6) On two or more occasions within a 12-month period, a person or persons committed a criminal offense, in or on the permitted premises, for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit;
      (7)   A permittee is convicted of tax violations for any taxes or fees related to a sexually oriented business;
      (8)   A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other specified sexual activities to occur in or on the permitted premises; or
      (9)   A permittee has been operating more than one sexually oriented business under a single roof, without proper permit, within the territorial or zoning jurisdiction of the county.
   (C)   When Town Council or its designee revokes a permit, the revocation shall continue for one year and the permittee shall not be issued a sexually oriented business permit for one year from the date revocation became effective. If, subsequent to revocation, the Town Council or its designee finds that the basis for revocation under this section has been corrected, the applicant shall be granted a permit if at least 90 days have elapsed since the date revocation became effective.
(Ord. 2009-7, passed 12-30-2009)
§ 111.29 JUDICIAL REVIEW OF PERMIT DENIAL, SUSPENSION, OR REVOCATION.
   After denial of an application, or denial of a renewal of an application, or suspension or revocation of a permit, the applicant or permittee may seek prompt review of such administrative action within 30 days by a court having jurisdiction over the parties.
(Ord. 2009-7, passed 12-30-2009)
§ 111.30 TRANSFER OF PERMIT.
   (A)   A permittee shall not operate a sexually oriented business under the authority of a permit at any place other than the address designated in the application for permit.
   (B)   A permittee shall not transfer his or her permit to another person unless and until such other person satisfies the following requirements:
      (1)   Obtains an amendment to the permit from the Town Council or its designee, which provides that he or she is now the permittee, which amendment may be obtained only if he or she has completed and properly filed an application with the county executive or its designee, setting forth the information called for under § 111.23 of this chapter in the application; and
      (2)   Pays the transfer fee of 30% of the annual permit fee set by this chapter.
   (C)   No permit may be transferred when the Town Council or its designee has notified the permittee that suspension or revocation proceedings have been or will be brought against the permittee.
   (D)   A permittee shall not transfer his or her permit to another location.
   (E)   Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void and the permit shall be deemed revoked.
(Ord. 2009-7, passed 12-30-2009)
Loading...