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Kimberly Overview
Kimberly, ID Code of Ordinances
CITY CODE of KIMBERLY, IDAHO
ORDINANCES PENDING REVIEW FOR CODIFICATION
TITLE 1 GENERAL PROVISIONS
TITLE 2 ADMINISTRATION AND PERSONNEL
TITLE 3 REVENUE AND FINANCE
TITLE 4 BOARDS AND COMMISSIONS
TITLE 5 BUSINESS LICENSES AND REGULATIONS
TITLE 6 ANIMALS
TITLE 7 RESERVED
TITLE 8 HEALTH AND SAFETY
TITLE 9 PUBLIC PEACE, MORALS AND WELFARE
TITLE 10 VEHICLES AND TRAFFIC
TITLE 11 RESERVED
TITLE 12 STREETS, SIDEWALKS AND PUBLIC PLACES
TITLE 13 PUBLIC SERVICES
TITLE 14 RESERVED
TITLE 15 BUILDINGS AND CONSTRUCTION
TITLE 16 SUBDIVISION REGULATIONS1
TITLE 17 ZONING REGULATIONS
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5.17.090: REVOCATION:
   A.   The chief of police shall issue a written statement of intent to revoke a license if a cause of suspension in section 5.17.080 of this chapter occurs and the license has been suspended within the preceding twelve (12) months.
   B.   The chief of police shall issue a written statement of intent to revoke a license if the chief determines that:
      1.   A licensee gave false or misleading information in the material submitted during the application process;
      2.   A licensee has knowingly allowed possession, use, or sale of controlled substances on the premises;
      3.   A licensee has knowingly allowed prostitution on the premises;
      4.   A licensee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;
      5.   A licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises. This subsection B5 will not apply to an adult motel, unless the licensee knowingly allowed sexual activities to occur either: a) in exchange for money, or b) in a public place or within public view.
   C.   The fact that a conviction is being appealed shall have no effect on the revocation of the license.
   D.   When, after the notice and hearing procedure described in section 5.17.100 of this chapter, the chief of police 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 subsection 5.17.100B of this chapter are met, a provisional license will be granted pursuant to that section. If, subsequent to revocation, the chief of police finds that the basis for the revocation found in subsections B1 and B4 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. (Ord. 541 § 5, 2007)
5.17.100: HEARING; LICENSE DENIAL, SUSPENSION, REVOCATION; APPEAL:
   A.   If the chief of police determines that facts exist for denial, suspension, or revocation of a license under this chapter, the chief of police shall notify the applicant or licensee (respondent) in writing of the intent to deny, suspend or revoke the license, including the grounds therefor, by personal delivery, or by certified mail. The notification shall be directed to the most current business address on file with the chief of police. Within five (5) working days of receipt of such notice, the respondent may provide to the mayor and city council in writing a response that shall include a statement of reasons why the license or permit should not be denied, suspended, or revoked. Within three (3) days of the receipt of respondent's written response, the mayor 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 mayor and city council shall conduct a hearing at which respondent shall have the opportunity to be represented by counsel and present evidence and witnesses on his or her behalf. If a response is not received by the mayor and city council in the time stated or, if after the hearing the city council finds that grounds as specified in this chapter exist for denial, suspension, or revocation, then such denial, suspension, or revocation shall become final five (5) days after the mayor sends, by certified mail, written notice that the license has been denied, suspended, or revoked. Such notice shall include a statement advising the applicant or licensee of the right to appeal such decision to a court of competent jurisdiction.
If the city council finds that no grounds exist for denial, suspension, or revocation of a license, then within five (5) days after the hearing, the mayor shall withdraw the intent to deny, suspend, or revoke the license and shall so notify the respondent in writing by certified mail of such action and shall contemporaneously therewith issue the license.
   B.   When a decision to deny, suspend or revoke a license becomes final, the 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 action to appeal, challenge, restrain or otherwise enjoin the city's enforcement. (Ord. 541 § 5, 2007)
5.17.110: TRANSFER OF LICENSE:
A licensee shall not transfer his/her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application. (Ord. 541 § 5, 2007)
5.17.120: LOCATION OF SEXUALLY ORIENTED BUSINESSES:
   A.   A person commits a misdemeanor if that person operates or causes to be operated a sexually oriented business in any zoning district other than commercial general, as defined and described in the zoning code.
   B.   A person commits an offense if the person operates or causes to be operated a sexually oriented business within five hundred feet (500') of:
      1.   A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
      2.   A public or private educational facility including, but not limited to, child daycare facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; school includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;
      3.   A boundary of a residential district as defined in the city of Kimberly zoning code;
      4.   A public park or recreational area which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the city which is under the control, operation, or management of the city park and recreation authorities;
      5.   The property line of a lot devoted to a residential use as defined in the zoning code; or
      6.   A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the state. No business licensed to sell alcohol shall be permitted to operate a sexually oriented business on the licensed premises designated for the sale of alcohol.
   C.   A person commits a misdemeanor if that person causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within five hundred feet (500') of another sexually oriented business.
   D.   A person commits a misdemeanor if that person causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion thereof, or the increase of floor area of any sexually oriented business in any building, structure, or portion thereof containing another sexually oriented business.
   E.   For the purpose of subsection B of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a use listed in subsection B of this section. Presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
   F.   For purposes of subsection C of this section, the distance between any two (2) sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.
   G.   Any sexually oriented business lawfully operating on December 31, 2000, that is in violation of subsections A through F of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue unless terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within five hundred feet (500') of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business(es) is/are nonconforming.
   H.   A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a use listed in subsection B of this section within five hundred feet (500') of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application is made for a license after the applicant's previous license has expired or been revoked. (Ord. 541 § 5, 2007)
5.17.130: VIEWING ROOM REGULATIONS:
   A.   A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, videocassette, live entertainment, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
      1.   Upon application for a sexually oriented 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 permit 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 inches (±6"). The city 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 city.
      4.   It is the duty of the licensee of the premises to ensure that at least one licensed 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 every 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 (2) 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 each 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 A5 must be by direct line of sight from the manager's station.
      6.   It shall be the duty of the licensee to ensure that the view area specified in subsection A5 of this section remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection A1 of this section.
      7.   No viewing booth 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-candles as measured at the floor level.
      9.   It shall be the duty of the licensee 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 openings of any kind to exist between viewing booths.
      11.   No person shall make or attempt to make an opening of any kind between viewing booths.
      12.   The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.
      13.   The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
      14.   The licensee 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 inches (48") of the floor.
   B.   A person having a duty under subsections A1 through A14 of this section commits a misdemeanor if he knowingly fails to fulfill that duty. (Ord. 541 § 5, 2007)
5.17.140: ESCORT AGENCIES REGULATIONS:
   A.   An escort agency shall not employ any person under the age of eighteen (18) years.
   B.   A person commits an offense if the person acts as an escort or agrees to act as an escort for any person under the age of eighteen (18) years. (Ord. 541 § 5, 2007)
5.17.150: PUBLIC NUDITY REGULATIONS:
   A.   It shall be a misdemeanor for a person who knowingly and intentionally, in a sexually oriented business, appears in a state of nudity or engages in specified sexual activities.
   B.   It shall be a misdemeanor for a person who knowingly or intentionally in a sexually oriented business appears in a seminude condition unless the person is an employee who, while seminude, shall be at least six feet (6') from any patron or customer and on a stage at least two feet (2') from the floor.
   C.   It shall be a misdemeanor for an employee, while seminude in a sexually oriented business, to receive directly any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity directly to any employee, while said employee is seminude in a sexually oriented business.
   D.   It shall be a misdemeanor for an employee, while seminude, to knowingly and intentionally touch a customer or the clothing of a customer. (Ord. 541 § 5, 2007)
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