(A) (1) No person shall own, operate, or conduct any business in a sexually oriented business located within the city unless there is a license for the business.
(2) A license may be issued only for one “sexually oriented business” located at a fixed and certain place. Any person who desires to operate more than one sexually oriented business must have a license for each.
(3) It shall be unlawful for any entertainer, employee, or operator to knowingly work in or about, or to knowingly perform any service directly related to the operation of any unlicensed sexually oriented business.
(4) No person shall own, operate, or conduct any sexually oriented business unless the license is posted at or near the principal public entrance to the business in such a manner that it will be conspicuous to patrons who enter the premises.
(5) Every license issued pursuant to this ordinance will terminate at the expiration of one year from the date of issuance, unless sooner revoked, and must be renewed before operation is allowed in the following year. Any operator desiring to renew a license shall make application to the Mayor and City Council's designee. The application for renewal must be filed not later than 30 days before the license expires.
(B) Applications.
(1) Applications for a license, whether original or renewal, must be made to the Mayor or City Council's designee by the intended operator of the sexually oriented business. Applications must be submitted during regular working hours. Application forms shall be supplied by the city. The intended operator shall be required to give the following information on the application form:
(a) 1. The name, street address (and mailing address if different), age, and driver's license number of the intended operator, and any and all aliases;
2. The name and street address (and mailing address if different) of the owner;
(b) The name under which the business is to be operated and a general description of the services to be provided;
(c) The telephone number of the business;
(d) The address and legal description of the parcel of land on which the business is to be located;
(e) The date on which the owner acquired the business for which the license is sought, and the date on which the business began or is to begin operations as an enterprise at the location for which the permit is sought;
(f) A list of all employees or contractors involved in providing the services to be provided by the business;
(g) Whether the applicant previously operated in this or any other county, city or state under a sexually oriented business license or similar business license; whether the applicant has ever had such a license revoked or suspended, the reason therefor, and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation; and
(h) Whether the applicant has been convicted of any felony within the last ten years of any criminal offense involving controlled substances, moral turpitude, prostitution, obscenity, or other crime of a sexual nature.
(2) The application shall be accompanied by the following:
(a) Payment in full of a fee of $1,000 for an original application, or $500 for a renewal application as applicable, which fee shall not be refundable under any circumstances;
(b) A certified copy of the assumed name certificate if the business is to be operated under an assumed name;
(c) If the business is a state corporation, a certified copy of the articles of incorporation, together with all amendments thereto;
(d) If the business is a foreign corporation, a certified copy of the certificate of authorization to transact business in this state, together with all amendments thereto;
(e) If the business is a limited partnership formed under the laws of the state, a certified copy of the certificate of limited partnership, together with all amendments thereto;
(f) If the enterprise is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification docu-ments, together with all amendments thereto;
(g) Any of items (B)(2)(b) through (e) above shall not be required for a renewal application if the applicant states that the documents previously furnished with the original application or previous renewals thereof remain correct and current;
(h) If the premises are leased or being purchased under contract, a copy of such lease or contract shall accompany the application.
(3) The application shall contain a statement under oath that:
(a) The applicant has personal knowledge of the information contained in the application and that the information contained therein is true and correct; and,
(b) The applicant has read the provisions of this subchapter.
(C) Issuance or Denial of License.
(1) Within 20 days of receipt of any application, either original or renewal, the Mayor or the City Council's designee shall grant or deny the requested license and give written notice to the applicant as to the decision.
(2) The Mayor or the City Council's designee shall issue the license to the applicant unless one or more of the following conditions exist:
(a) The applicant failed to supply all of the information requested on the application;
(b) The applicant gave materially false, fraudulent, or untruthful information on the application;
(d) The application or the business does not meet any other requirement of this ordinance;
(e) The applicant has not fully complied with all state, federal, and local laws or regulations affecting the conduct of its business;
(f) The applicant or owner has had a license revoked for the same business or same type of business;
(g) The applicant is not at least 18 years of age;
(h) The applicant has been convicted of a felony within the last ten years or any criminal offense involving controlled substances, moral turpitude, prostitution, obscenity, or other crimes of sexual nature. In the case of a corporation, partner-ship, or joint venture, any officer, director, stock-holder controlling more than 25% of the corporate stock, partners or joint venturer shall be deemed to be an applicant.
(3) In the event that the Mayor or the City Council's designee determines that an applicant is not eligible for a license, the applicant shall be given notice in writing of the reasons for the denial within 20 days of the receipt of the application. An applicant may appeal such denial by filing a written request for a hearing with the Mayor within five days after the applicant is given notice of such denial. The decision on the application shall be final unless an appeal is timely filed. An appeal shall not stay the decision on the issuance of a license. The applicant's written request for a hearing shall set out the grounds on which the denial is challenged. The hearing shall be conducted by the Mayor. At the hearing, the Mayor shall receive oral and written testimony regarding the application. Bearings shall be conducted under rules issued by the Mayor, which shall be consistent with the nature of the proceedings and shall ensure that each party may present evidence, cross-examine witnesses, and be represented by legal counsel.
(4) The Mayor shall conduct the hearing within 15 days after receipt of the applicant's written request for a hearing unless the applicant requests an extension in writing. The Mayor shall render a written decision and issue notice thereof to the applicant within five days after the conclusion of the hearing. The written decision of the Mayor shall be final.
(5) Failure of the Mayor to give timely notice of action on an application or failure of the Mayor to timely conduct or give notice of the Mayor's decision on an appeal within the limitations of time specified above shall entitle the applicant to the issuance of a temporary license upon written demand therefore filed by the applicant with the Mayor. Such a temporary license shall only be valid until the third day after the Mayor gives notice of action on the application or gives notice of this decision on the appeal.
(D) Transfer of License Prohibited. A license issued under this ordinance is personal to the owner and operator of a sexually oriented business and may not be transferred or otherwise conveyed to a third party. Any transfer or conveyance of the business shall require the transferee to apply and otherwise qualify for the issuance of a new license. The transfer of a license or any interest in a license shall automatically and immediately revoke the license.
(E) Revocation or Suspension of License.
(1) The Mayor or the Mayor's designee shall have the authority to revoke a license for any one or more of the following reasons:
(a) The owner, operator or employee, of the licensed business knowingly allowed a person under 18 years of age to enter the business;
(b) The licensed business does not conform to the provisions of this ordinance or is in violation of any other applicable federal, state, or local law or regulations;
(c) The owner or operator of the licensed business gave materially false, fraudulent, or untruthful information on the original or renewal application form;
(d) The business has been closed for business for a period of 30 consecutive days, unless such closure is due to circumstances beyond the control of the owner, and the owner is proceeding with due diligence, given all attendant circumstances, to re-open the business;
(e) The operator or owner becomes ineligible to obtain a license;
(f) Any cost, bill, or fee required to be paid by this subchapter or any other city ordinance is not paid;
(g) Any alcoholic beverage is served or consumed on the premises of the sexually oriented business;
(h) Any other act or omission which demonstrates the owner or operator's inability to operate the sexually oriented business in accordance with applicable law.
(2) Prior to revocation or suspension of a license, the Mayor or the Mayor's designee shall investigate whether probable cause exists for revocation or suspension and grant such licensee the opportunity to appear before the Mayor or the Mayor's designee at a time and place specified within such notice. Such hearing shall be held not less than 15 days after the notice is given. Hearings shall be conducted under rules issued by the Mayor. Such rules shall be consistent with the nature of the proceedings and shall ensure that each party may present evidence, cross-examine witnesses, and be represented by legal counsel. If, after the hearing, the Mayor or the Mayor's designee finds that the license should be revoked or suspended, the Mayor or the Mayor's designee shall issue a written order revoking or suspending such license which shall be effective on the third day after notice thereof is given to the owner or operator.
(F) License for Existing Businesses. Any sexually oriented business in existence on the date of the approval of this ordinance shall have 60 days within which to file an application for a license.
(G) Eligibility for License. Any owner or operator whose license is revoked shall not be eligible to receive a license for five years from the date of revocation. No location or premises for which a license has been issued shall be used as a sexually oriented business two years from the date of revocation of the license.
(H) Other license provisions.
(1) A license is valid only at the location for which it is issued.
(2) It shall be unlawful for any person to counterfeit, forge, change, deface, or alter a license.
(3) A license may be cancelled upon written request of the owner or operator and surrender of the license itself to the Mayor.
(`79 Code, § 110.161) (Ord. 93-335, passed 9-7-93) Penalty, see § 116.99