(A) Adult Use Commissioner. The Adult Use Commissioner shall have the following powers and duties:
(1) To administer and rule upon the applications for, and the issuance, renewal, suspension, and revocation of adult entertainment licenses as set forth in this chapter;
(2) To conduct or provide for the inspections of adult entertainment establishments as shall be necessary to determine and ensure compliance with the provisions of this chapter and other applicable provisions of law;
(3) To periodically review the provisions of this chapter and the conduct and operation of adult entertainment establishments and adult establishment licensees and to make those related reports and recommendations to the City Council as the Adult Use Commissioner deems necessary;
(4) To appoint persons to serve on the Adult Use Commission as set forth in division (B) of this section;
(5) To direct the Adult Use Commission to conduct those hearings, studies, and reports on adult entertainment establishments and the regulations relating thereto as the Adult Use Commissioner deems necessary; and
(6) To take those further actions as the Adult Use Commissioner shall deem necessary to carry out the purposes and intent of this chapter and to exercise the additional powers in the furtherance thereof as are implied or incident to those powers and duties expressly set forth in this chapter.
(B) Adult Use Commission.
(1) Creation. A commission entitled “Adult Use Commission” is hereby created and established for the purposes set forth in this chapter.
(2) Composition. The Mayor may appoint a minimum of 4 members of the community to serve at the will of the Adult Use Commissioner and to advise the Adult Use Commissioner on matters related to the implementation and enforcement of the regulations set forth in this chapter and to the exercise the Adult Use Commissioner’s powers and duties under this chapter. The persons appointed by the Mayor, along with the Adult Use Commissioner, shall comprise the Adult Use Commission.
(3) Filing of appointments. The Adult Use Commissioner shall file a written appointment of each of the members of the Adult Use Commission in the office of the City Clerk within 5 days after each appointment.
(4) Duties. The Adult Use Commission shall have the following powers and duties:
(a) At the direction of the Adult Use Commissioner, to recommend to the Adult Use Commission the further regulations regarding adult entertainment establishments and adult establishment licenses as the members of the Commission may deem necessary to protect the public health, safety, and welfare, or to otherwise carry out the purposes and objectives of the regulations established pursuant to this chapter;
(b) To conduct and prepare hearings, studies, and reports upon the matters referred to the Commission by the Adult Use Commissioner and to make those reports and recommendations relating thereto as are requested by the Adult Use Commissioner; and
(c) To conduct hearings, with the hearing officer presiding, on the revocation or suspension of an adult establishment license, as required pursuant to § 112.56 of this code.
(C) Planning Commission appointed as the authority to hear requests on this chapter.
(1) No Adult Entertainment Commission has been established.
(2) The Planning Commission is hereby appointed as the authority to hear requests on this chapter in the absence of an Adult Entertainment Commission being established.
(1983 Code, § 13-53) (Ord. 2995, passed 9-9-2002; Am. Ord. 3078, passed 11-4-2004; Am. Ord. 3509, passed 4-5-2018)