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(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)
(A) The Mayor or his/her designee, shall suspend a permit for a period not to exceed 30 days if he/she determines that a permittee, or his/her designee or employee, has:
(1) Violated or is not in compliance with any section of this chapter, or
(2) Been charged with or convicted of being under the influence of alcoholic beverages while working in the sexually oriented business premises, or
(3) Refused to allow an inspection of sexually oriented business premises as authorized by this chapter; or
(4) Knowingly permitted gambling by any person on the sexually oriented business premises; or
(5) Operated the sexually oriented business in violation of a building, fire, health, or zoning statute, code, ordinance, or regulation, whether federal, state or local, said determination being based on investigation by the division, department or agency charged with enforcing said rules or laws. In the event of such statute, code, ordinance, or regulation violation, the city or its designee, shall promptly notify the permittee of the violation and shall allow the permittee a seven day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven day period, the city or its designee, shall forthwith suspend the permit and shall notify the permittee of the suspension.
(6) Engaged in permit transfer contrary to § 112.30 of this chapter. In the event that the city or its designee, suspends a permit on the ground that a permittee engaged in a permit transfer contrary to § 112.30 of this chapter, the Mayor or his/her designee shall forthwith notify the permittee of the suspension. The suspension shall remain in effect until the applicable section of this chapter has been satisfied.
(7) Operated the sexually oriented business in violation of the hours stipulated by Indiana law which pertain to the sale or consumption of alcoholic beverages.
(a) The suspension shall remain in effect until the violation of the statute, code, ordinance or regulation in question has been corrected.
(8) Knowingly employs a person who does not have a valid license as required in § 112.31 of this chapter.
(Ord. 1998-12, passed 10-6-98; Am. Ord. 2009-3, passed 4-21-09)
(A) The Mayor or his/her designee shall revoke a permit if a cause of suspension in § 112.27 of this chapter occurs and the permit has been suspended for any reason within the preceding 12 months.
(B) The Mayor or his/her designee, shall revoke a permit upon determining that:
(1) A permittee gave false or misleading information in the material submitted during the application process, and the false or misleading information was intended to enhance the applicant's opportunity for obtaining a permit; or
(2) A permittee or an employee has knowingly allowed possession, use or sale of controlled substances in or on the premises; or
(3) A permittee or an employee has knowingly allowed prostitution on the premises; or
(4) A permittee or an employee knowingly operated the sexually oriented business during a period of time when the permittee's permit was suspended; or
(5) A permittee has been convicted of a criminal offense identified in § 112.23(C)(1)(j); or
(6) On two or more occasions within a 12 month period, a person or persons committed a criminal offense, in or on the permitted premises, for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit; or
(7) A permittee is convicted of tax violations for any taxes or fees related to a sexually oriented business; or
(8) A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other specified sexual activities to occur in or on the permitted premises; or
(9) A permittee has been operating more than one sexually oriented business under a single roof, without proper permit, within the territorial or zoning jurisdiction of the city.
(C) When the Mayor or his/her designee, revokes a permit, the revocation shall continue for one year and the permittee shall not be issued a sexually oriented business permit for one year from the date revocation became effective. If, subsequent to revocation, the Mayor or his/her designee finds that the basis for revocation under this section of this chapter has been corrected, the applicant shall be granted a permit if at least 90 days have elapsed since the date revocation became effective.
(Ord. 1998-12, passed 10-6-98; Am. Ord. 2009-3, passed 4-21-09)
After denial of an application, or denial of a renewal of an application, or suspension or revocation of a permit, the applicant or permittee may seek prompt review of such administrative action through the City Council or special City Review Board if one is established by the city. If the denial, suspension or revocation is affirmed upon review, the administrative action shall be promptly reviewed by a court having jurisdiction over the parties.
(Ord. 1998-12, passed 10-6-98; Am. Ord. 2009-3, passed 4-21-09)
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