(A) License required. No person, firm, or corporation shall operate an adult use in the city without having first secured a licensee as hereinafter provided. Licenses shall be 1 of 2 types:
(1) Adult use, principal; or
(2) Adult use, accessory.
(B) Applications. The application for an adult use license shall include:
(1) The name, residence, phone number, and birthdate of the applicant, if an individual; and if a corporation, the names, residences, phone numbers, and birthdates of those owners holding more than 5% of the outstanding stock of the corporation;
(2) The name, address, phone number, and birthdate of the manager of the operation, if different from the owners;
(3) The premises wherein the adult use is to be located;
(4) A statement detailing each gross misdemeanor or felony relating to a sex offense and/or the operation of adult uses and related activities of which the applicant or, in the case of a corporation, the owners of more than 5% of the outstanding stock of the corporation, have been convicted, and whether or not the applicant has ever applied for or held a license to operate a similar type of business in other communities;
(5) The activities and types of business to be conducted;
(6) The hours of operation;
(7) The provisions made to restrict access by minors; and
(8) A building plan of the premises detailing all internal operations and activities.
(C) License fees.
(1) Each application for a license shall be accompanied by a receipt from the City Finance Director for payment in full of the required fee for the license as established by City Council ordinance from time to time. All fees shall be paid into the General Fund of the city. Upon rejection of any application for a license, the Finance Director shall refund the amount paid.
(2) All licenses shall expire on the last day of June in each year. Each license shall be issued for a period of 1 year, except that if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro-rata fee. In computing the fee, any unexpired fraction of a month shall be counted as 1 month.
(3) The annual fee for an adult use license shall be as established by City Council ordinance from time to time and set forth in § 33.01.
(4) No part of the fee paid for any license issued under this chapter shall be refunded except in the following instances upon application to the City Administrator within 30 days from the happening of the event. There shall be refunded a pro-rata portion of the fee for the unexpired period of the license, computed on a monthly basis, when operation of the licensed business ceases not less than 1 month before expiration of the license because of:
(a) Destruction or damage of the licensed premises by fire or other catastrophe;
(b) The licensee's illness;
(c) The licensee's death;
(d) A change in the legal status making it unlawful for the licensed business to continue.
(D) Granting of license.
(1) The city shall investigate all facts set out in the application. Opportunity shall be given to any person to be heard for or against the granting of the license. After the investigation and a public hearing, the City Council shall grant or refuse the application.
(2) Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another place without the approval of the City Council.
(E) Persons ineligible for license. No license shall be granted or held by any person:
(1) Under 21 years of age;
(2) Who has been convicted of a felony or of violating any law of this state or local ordinance relating to sex offenses and/or audit uses; and/or
(3) Who is not the proprietor of the establishment for which the license is issued.
(F) Places ineligible for license.
(1) No license shall be granted for adult uses on any premises where a licensee has been convicted of a violation of this chapter, or where any license hereunder has been revoked for cause, until 1 year has elapsed after the conviction or revocation.
(2) Except for uses lawfully existing at the time of adoption of this chapter, no license shall be granted for any adult use which is not in compliance with the city's Zoning Regulations, Chapter 159.
(G) Nonconforming uses. Any adult use existing on the effective date of the adoption of this chapter may be continued subject to the following provisions:
(1) No such adult use shall be expanded or enlarged except in conformity with the provisions of this chapter;
(2) A nonconforming adult use shall be required to apply for and receive an adult use license. No public hearing shall be required prior to the issuance of the license for the nonconforming adult use.
(Ord. 7510, passed 6-19-2007)