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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
(A) Upon receipt of an application properly filed with the city and upon payment of the non-refundable application fee, the city or its designee, shall immediately stamp the application as received and shall immediately thereafter send photocopies of the application to the Madison Police Department and any other city agencies responsible for enforcement of health, fire and building codes and laws. Each department or agency shall promptly conduct an investigation of the applicant, application and the proposed sexually oriented business in accordance with its responsibilities under law and as set forth in this chapter. Said investigation shall be completed within 20 days of receipt of the application by the city or its designee. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date it, sign it, and, in the event it disapproves, state the reasons therefor. The Madison Police Department shall be required to perform a thorough criminal records check.
(B) A department or agency shall disapprove an application if it finds that the proposed sexually oriented business will be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the city. After its indication of approval or disapproval, each department or agency shall immediately return the photocopy of the application to the city or its designee.
(Ord. 1998-12, passed 10-6-98; Am. Ord. 2009-3, passed 4-21-09)
(A) The Mayor or his/her designee, shall grant or deny an application for a permit within 30 days from the date of its proper filing. Upon the expiration of the 30th day, unless the applicant requests and is granted a reasonable extension of time, the applicant shall be permitted to begin operating the business for which the permit is sought, unless and until the city or its designee, notifies the applicant of a denial of the application and states the reason(s) for that denial.
(B) Grant of applicant for permit.
(1) The Mayor or his/her designee, shall grant the application unless one or more of the criteria set forth in division (C) below is present.
(2) The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The permit shall also indicate that the sexually oriented business whether permitted or not may be subject to indecency pursuant to the United States Supreme Court decision in Barnes v. Glen Theater. Inc., 501 U.S., 111 S.Ct. 2456 (June 21, 1991). The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it can be read at any time.
(C) Denial of application for permit.
(1) The Mayor or his/her designee, shall deny the application for any of the following reasons:
(a) An applicant is under 18 years of age.
(b) An applicant is overdue on his/her payment to the city of taxes, fees, fines, or penalties assessed against him/her or imposed upon him/her in relation to a sexually oriented business.
(c) An applicant has failed to provide information required for the issuance of the permit or has knowingly falsified information on the application form or require to be submitted with the application form.
(d) The premises to be used for the sexually oriented business has not been approved as being in compliance with health, fire and building codes by the department or agency responsible for compliance with the same.
(e) The application or permit fees required by this chapter have not been paid.
(g) The granting of the application would violate a statute, ordinance, or court order.
(h) The applicant has a permit under this chapter which has been suspended or revoked.
(i) An applicant has ever been convicted of a "felony" or any criminal offense related to prostitution or pornography: The fact that a conviction is being appealed or has been reduced to a misdemeanor shall have no effect on the disqualification of the applicant.
(j) An applicant knowingly has in his or her employ, an employee who does not have a valid license as required by this chapter.
(2) If the Mayor or his/her designee, denies the application, he/she shall notify the applicant of the denial and state the reason(s) for the denial. The denied applicant shall have an opportunity for appeal of the Mayor or his/her designee's decision as set forth in § 112.29 of this chapter.
(3) If a person applies for a permit for a particular location within a period of 12 months from the date of denial of a previous application for a permit at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied.
(Ord. 1998-12, passed 10-6-98; Am. Ord. 2009-3, passed 4-21-09)
(A) An applicant or permittee shall permit representatives of the Madison Police Department, Mayor, the Building Inspector, the County Health Department, and the Fire Department to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business, or at any other reasonable time.
(B) A person who operates a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, or his/her agent or employee, who refuses to permit inspection of the premises at any time that it is occupied or open for business, or at any other reasonable time, is subject to a civil fine as provided in § 112.99.
(Ord. 1998-12, passed 10-6-98; Am. Ord. 2009-3, passed 4-21-09) Penalty, see § 112.99
Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in § 112.23 (for renewals, filing of the original survey [if applicable] shall be sufficient) of this chapter. Application for renewal shall be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the permit will not be affected.
(Ord. 1998-12, passed 10-6-98; Am. Ord. 2009-3, passed 4-21-09)
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