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It is unlawful for any patron to knowingly or intentionally:
A. Touch in any manner a sexually oriented business employee while the sexually oriented business employee is seminude;
B. Place any money or object on or within the costume or person of any sexually oriented business employee while the sexually oriented business employee is seminude; or
C. Appear in a state of nudity before another person on the premises of a sexually oriented business. (Ord. 02-21, 9-5-2002)
An entity or individual who, without a valid license, operates or causes to be operated a sexually oriented business, without a valid license, or who employs or is employed as an employee of a sexually oriented business, or who operates such a business or functions as such an employee in violation of the provisions of this chapter, is subject to a suit for injunction in addition to the civil and criminal violations provided in this chapter, and any other remedy available at law or in equity. (Ord. 02-21, 9-5-2002)
The city shall issue a written letter of intent to suspend a sexually oriented business license for a period not to exceed thirty (30) days if it is determined that the sexually oriented business licensee has knowingly violated this chapter or has knowingly allowed an employee to violate this chapter. The city shall issue a written letter of intent to suspend a sexually oriented business employee work permit if it is determined that the employee has knowingly violated this chapter. (Ord. 02-21, 9-5-2002)
A. Cause Of Suspension: The business license official shall issue a written intent to revoke a sexually oriented business license or a sexually oriented business employee work permit if a cause of suspension in section 5.82.370 of this chapter occurs and the license has been suspended within the preceding twelve (12) months.
B. Conditions For Revocation: The business license official shall issue a written intent to revoke a sexually oriented business license or a sexually oriented business employee work permit if the official determines that a licensee or an employee, with the knowledge of the licensee:
1. Knowingly gave false or misleading information in the application or in any document or diagram related to the operation of the sexually oriented business.
2. Knowingly allowed possession, use, or sale of controlled substances on the premises.
3. Knowingly allowed prostitution on the premises.
4. Knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended.
5. A licensee has been convicted, pled guilty, or pled nolo contendere to a "specified criminal activity", as defined in this chapter.
6. A licensee or an employee has knowingly allowed any specified sexual activity to occur in or on the licensed premises.
7. A licensee is delinquent in payment to the city of taxes or fees related to the sexually oriented business.
C. Appeal No Effect On Revocation: The fact that any conviction is being appealed shall have no effect on the revocation of the license.
D. Acts Of Employees: For the purposes of this chapter, an act by a sexually oriented business employee that constitutes grounds for revocation of that employee's work permit shall be imputed to the sexually oriented business for purposes of denial, suspension, or revocation proceedings only if the hearing officer determines by a preponderance of evidence that an officer, director, or general partner, or an employee who managed, supervised, or controlled the operation of the business, knowingly allowed such act to occur on the sexually oriented business premises.
E. Nature Of Revocation: When, after the notice and hearing procedure described in this chapter, the business license official revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date revocation becomes effective; provided, that if the conditions of section 5.82.380 of this chapter are met, a provisional license will be granted pursuant to that section. If, subsequent to revocation, the enforcement officer finds that the basis for the revocation found in subsections B1, B4 and B7 of this section has been corrected or abated, the applicant shall be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective. If the license was revoked under subsections B2, B3, B5 and B6 of this section, an applicant may not be granted another license until the appropriate number of years required under this chapter has elapsed. (Ord. 02-21, 9-5-2002)
A. Notice; Hearing: If the business license official determines that facts exist for denial, suspension, or revocation of a license under this chapter, the city shall notify the applicant or licensee (respondent) in writing of the city's intent to deny, suspend or revoke the license, including the grounds therefor, by personal delivery, or by certified mail.
1. The notification shall be directed to the most current business address or other mailing address on file with the business license official for the respondent. Within ten (10) working days of receipt of such notice, the respondent may provide to the business license official a written response that shall include a statement of reasons why the respondent believes the license should not be denied, suspended, or revoked.
2. Within five (5) days of the receipt of respondent's written response, the business license official shall notify respondent in writing of the hearing date on respondent's denial, suspension, or revocation proceeding. Within ten (10) working days of the receipt of respondent's written response, the hearing officer shall conduct a hearing at which respondent shall have the opportunity to present all of respondent's arguments and to be represented by counsel, present evidence and witnesses on his or her behalf, and cross examine any of the city's witnesses. The hearing shall take no longer than two (2) days, unless extended to meet the requirements of due process and proper administration of justice. The hearing officer shall issue a written opinion within five (5) days after the hearing. If a court action challenging the city's decision is initiated, the city shall prepare and transmit to the court a transcript of the hearing within ten (10) days after the issuance of the hearing officer's written opinion.
3. If a written response from respondent is not received by the business license official within the time stated in subsection A1 of this section or, if after a hearing, the hearing officer concludes that grounds as specified in this chapter exist for denial, suspension, or revocation of the license, then such denial, suspension, or revocation shall become final five (5) days after the hearing officer sends, by certified mail, written notice to the respondent that the license has been denied, suspended, or revoked. Such notice shall include a statement advising the respondent of the right to appeal such decision to a court of competent jurisdiction. If the hearing officer finds that no grounds exist for denial, suspension, or revocation of a license, then within five (5) days after the hearing, the hearing officer shall immediately withdraw the intent to deny, suspend, or revoke the license and shall notify the respondent in writing by certified mail of such action. The hearing officer shall contemporaneously therewith issue the license to the applicant.
B. Appeal: An applicant or licensee (aggrieved party) whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal such action to a court of competent jurisdiction. Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the city's enforcement of the denial, suspension, or revocation, the city shall immediately issue the aggrieved party a provisional license. The provisional license shall allow the aggrieved party to continue operation of the sexually oriented business or to continue employment as a sexually oriented business employee and will expire upon the court's entry of a judgment on the aggrieved party's appeal or other action to restrain or otherwise enjoin the city's enforcement.
C. Application During Temporary License Or Provisional License Periods: Sexually oriented businesses or sexually oriented business employees operating or working under temporary licenses, provisional licenses, or de facto temporary licenses shall be subject to the applicable provisions of this chapter. (Ord. 02-21, 9-5-2002)
In addition to revocation or suspension of a license as provided in this chapter, the violation of any provision of this chapter shall be a class B misdemeanor. Each day of a violation shall be considered a separate offense. The prosecuting agency shall have the discretion to charge any offense under this chapter as an infraction. (Ord. 02-21, 9-5-2002)
This chapter and each section and provision of said chapter thereunder, are hereby declared to be independent divisions and subdivisions and, not withstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provisions of said chapter, or the application thereof to any person or circumstance is held to be invalid, the remaining sections or provisions and the application of such sections and provisions to any person or circumstances other than those to which it is held invalid, shall not be affected thereby, and it is hereby declared that such sections and provisions would have been passed independently of such section or provision so known to be invalid. (Ord. 02-21, 9-5-2002)