Loading...
As regarding § 112.03(B), distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any sexually oriented business and any religious institution, public or private elementary or secondary school, boys' club, girls' club, or similar existing youth organization, or public park or public building or any properties zoned for residential use or used for residential purposes shall also be measured in a straight line, without regard to intervening structures or objects from the nearest portion of the building or structure used as part of the premises where the sexually oriented business is conducted, to the nearest property line of the premises of a religious institution, public or private elementary or secondary school, boys' club, girls' club, or similar existing youth organization, or public park or public building or any properties zoned for residential use or used for residential purposes.
(Ord. 1998-12, passed 10-6-98; Am. Ord. 2009-3, passed 4-21-09)
(A) The city's Zoning Ordinance shall designate the area(s) in which sexually oriented businesses are permitted and this chapter shall govern their location and land use. In addition, any sexually oriented business not already in operation at the time of adoption of this chapter shall be subject to the following restrictions:
(1) A person shall not operate or cause to be operated a sexually oriented business except as provided by this chapter, including obtaining the appropriate permit(s) and inspection(s).
(2) A person shall not operate or cause to be operated a sexually oriented business within 1,000 feet of: any religious institution; any school; the boundary of any residential district; and a public park adjacent to any residential district; a property line of a lot devoted to residential use; or a boys' club, girls' club, or similar existing youth organization.
(3) A person shall not operate or cause to be operated a sexually oriented business within 1,000 feet of another such business, which will include, any adult arcade, adult book store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor or any sexual encounter establishment.
(4) A person shall not cause or permit the operation, establishment, or maintenance of more than one sexually oriented business within the same building, structure, or portion thereof, or cause the substantial enlargement of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
(5) It is a defense to prosecution under this section that a person appearing in a state of nudity did so in a modeling class operated;
(a) By a proprietary school, licensed by the State of Indiana; a college, junior college, or university supported entirely or partly by taxation;
(b) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(c) In a structure:
1. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
2. Where, in order to participate in a class a student must enroll at least three days in advance of the class, and
3. Where no more than one nude model is on the premises at any one time.
(B) A person who violates any provision of this section is subject to a civil fine as provided in § 112.99.
(Ord. 1998-12, passed 10-6-98; Am. Ord. 2002-1, passed 1-8-02; Am. Ord. 2009-3, passed 4-21-09) Penalty, see § 112.99
(A) A sexually oriented business already in operation at the time of adoption of this chapter is exempt from this chapter, and must comply only with those laws established in the State of Indiana for the ownership and operation of sexually oriented businesses, establishments which serve alcoholic beverages, or any other law of general application. If a sexually oriented business already in operation at the time of adoption of this chapter should ever change locations, or add to its present location so as to change the facade or frontage of the building from which it operated at the time of adoption of this chapter, or to increase the size of the building it currently inhabits, it will be subject to the chapter upon the opening of its new location and will be required to submit to the permit process as would any other sexually oriented business.
(B) A sexually oriented business lawfully operating as conforming use is not rendered a non-conforming use by the location, subsequent to the grant or renewal of a sexually oriented business permit and/or license, of a church, public or private elementary or secondary school, public park, public building, residential district, or residential lot within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid permit and/or license and does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.
(C) Any establishment subject to the provision of this section shall apply for the permit provided for by § 112.22 within 30 days of the effective date of this chapter.
(D) Upon the adoption of this chapter, the following establishment shall be the only exemption from the provisions of this chapter: None.
(Ord. 1998-12, passed 10-6-98; Am. Ord. 2002-1, passed 1-8-02; Am. Ord. 2009-3, passed 4-21-09) Penalty, see § 112.99
A person who operates or causes to be operated a sexually oriented business subject to this chapter, without having a valid permit, or in violation of the location restrictions, or any other provisions of this chapter, is subject to a suit for injunction, and shall be liable for all attorney fees and costs incurred by the City of Madison, associated therewith, if the city is successful in obtaining said injunction.
(Ord. 1998-12, passed 10-6-98; Am. Ord. 2009-3, passed 4-21-09) Penalty, see § 112.99
SEXUALLY ORIENTED BUSINESS PERMITS
It is the purpose of this chapter to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent deleterious effects of sexually oriented businesses within the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent or effect of this chapter to in any way condone or legitimize the distribution of obscene or harmful to minors' material.
(Ord. 1998-12, passed 10-6-98; Am. Ord. 2009-3, passed 4-21-09)
(A) No sexually oriented business not already established at the time of the enactment of this chapter shall be permitted to operate without a valid sexually oriented business permit issued by the city for the particular type of business. It shall be unlawful for a person to operate or cause to be operated a non-exempt sexually oriented business without a permit.
(B) The Mayor or his/her designee is responsible for granting, denying, revoking, renewing, suspending, and canceling sexually oriented business permits for proposed or existing sexually oriented businesses. The Mayor or his/her designee is also responsible for ascertaining whether a proposed sexually oriented business for which a permit is being applied for complies with all locational requirements of §§ 112.02, 112.04 and 112.05 of this chapter, all applicable zoning laws and/or regulations now in effect or as amended or enacted subsequent to the effective date of this chapter in the city and the City Comprehensive Plan.
(1) The Madison Police Department is responsible for providing information on whether an applicant has been convicted of a specified criminal act.
(2) The city’s Building Inspector is responsible for inspecting a proposed, permitted or non-permitted sexually oriented business in order to ascertain whether it is in compliance with applicable statutes and ordinances.
(C) An application for a permit must be made on a form provided by the city. Any person desiring to operate a sexually oriented business shall file with the city an original and two copies of a sworn permit application on the standard application form supplied by the city or designee.
(D) The completed application shall contain the following information and shall be accompanied by the following documents:
(1) If the applicant is:
(a) an individual, the individual shall state his/her legal name and any aliases and submit satisfactory proof that he/she is 18 years of age;
(a) an individual, the individual shall state his/her legal name and any aliases and submit satisfactory proof that he/she is 18 years of age;
(b) a partnership, the partnership shall state its complete name, the names of all partners, whether the partnership is general or limited, a copy of the partnership agreement, if any, and the name, address and telephone number of its agent for purposes of all legal notices and service of process;
(c) a corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of Indiana, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent, the address of the registered corporate agent, and its registered corporate agent’s telephone number, for service of process and all legal notices.
(2) If the applicant intends to operate the sexually oriented business under a name other than that of the applicant; he/she must state the sexually oriented business's fictitious name and submit the required Indiana registration documents.
(3) Whether the applicant or any of the other individuals listed pursuant to this section have been convicted of any criminal offense specified in § 112.23(C)(1)(j), and, if so, identify the criminal act involved, the date of conviction and the place of conviction.
(4) Whether the applicant or any of the other individuals pursuant to this section and/or licenses of this chapter has had a previous permit under this chapter or other similar sexually oriented business ordinances from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individuals listed pursuant to this section has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is permitted under this chapter whose permit has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation. Further, the reason for such denial, revocation or suspension shall be stated, by the applicant, on the application (or attachment thereto) in detail, and any document, notice or other writing received by the applicant evidencing such denial, revocation, or suspension shall be attached to the application.
(5) Whether the applicant or any other individual listed pursuant to this section holds any other permits and/or licenses under this chapter or other similar sexually oriented business ordinance(s) from another city or county and, if so, the names, addresses and telephone numbers of such other permitted businesses.
(6) The type of sexually oriented business the applicant is requesting a permit for (as defined herein). Applicant's requesting permits for more than one type of sexually oriented business, as defined herein, shall apply separately for each type of sexually oriented business.
(7) The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s), if any.
(8) The applicant's mailing addresses and residential address.
(9) A recent photograph of the applicant(s).
(10) The applicant's driver's license or identification card number and state of issuance, Social Security number, and/or his/her state or federally issued tax identification number.
(11) A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
(12) A current certificate and straight-line drawing prepared within 30 days prior to application by an Indiana registered land surveyor depicting the property lines and the structures containing any established existing sexually oriented businesses regulated by this chapter within 1,000 feet of the location to be certified; the property lines of any established religious institution/synagogue, school, or public park or recreation area within 1,000 feet of the location to be certified; and the property lines of any residentially zoned areas or residential property within 1,000 feet of the location to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.
(13) If a person who wishes to operate a sexually oriented business is an individual, he/she must sign the application for a permit as applicant, under oath. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten percent or greater interest in the business must sign the application for a permit as applicant, under oath. If a corporation is listed as owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a ten percent or greater interest in the corporation must sign the application for a permit as applicant, under oath.
(14) If a person wishes to operate a sexually oriented business which intends to exhibit on the premises films, video cassettes, or other video reproductions which depict specified sexual activities or specified anatomical areas, then said person shall comply with the application requirements stated at § 112.32.
(E) Applicants for a permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within 30 days from the date of any such change, by supplementing the application on file with the Mayor or his/her designee, shall be grounds for suspension of a permit.
(F) In the event that the Mayor or his/her designee determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, he/she shall promptly notify the applicant of such fact and allow the applicant ten business days to properly complete the application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.)
(G) The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with health, fire and building codes and laws.
(H) The applicant shall be required to pay a non-refundable application fee of $250 at the time of filing an application under this section of this chapter.
(I) Prior to obtaining any permit or license to operate any sexually oriented business defined in this chapter, and as part of any application for a permit under this section, the applicant shall obtain from the city or its designee a certification that the proposed location of such business complies with the locational requirements of §§ 112.04 and 112.05 of this chapter.
(J) The fact that a person possesses other types of state or city permits and/or licenses does not exempt him/her from the requirement of obtaining a sexually oriented business permit.
(K) By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise by the Mayor or his/her designee, the Madison Police Department, and all other city agencies charged with enforcing the laws, ordinances and codes applicable in the city, to exercise of their respective responsibilities under this chapter, and to the entry into said sexually oriented business and inspection of its records at all reasonable times and in a reasonable manner, for the purpose of inspection to ensure compliance with this chapter.
(L) The applicant shall be required to provide the city with the names of any and all employees who are required to be licensed under Indiana law pursuant to § 112.31 of this chapter. The applicant also agrees to allow a representative of the city to conduct an inspection of the names, ages and dates of birth of all employees who are working at any reasonable time while the establishment is open. This shall be a continuing requirement even after a permit is granted or renewed.
(Ord. 1998-12, passed 10-6-98; Am. Ord. 2002-1, passed 1-8-02; Am. Ord. 2009-3, passed 4-21-09) Penalty, see § 112.99
Loading...