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(a) Each "Sexually Oriented Business Employee License" shall expire one year from the date of issuance and may be renewed only by making application as provided for in Section 711.05 hereof.
(b) Applications for renewal should be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the "Sexually Oriented Business Employee License" will not be affected.
(c) It is the responsibility of the sexually oriented business employee license holder to apply for renewal.
(Ord. 41-98. Passed 5-11-98.)
(Ord. 41-98. Passed 5-11-98.)
The Chief of Police shall suspend a "Sexually Oriented Business License" for a period not to exceed thirty (30) days if he determines that a sexually oriented business licensee has:
(a) Violated or is not in compliance with this chapter;
(b) Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises;
(c) Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter;
(d) Recklessly permitted gambling by any person on the sexually oriented business premises;
(e) Demonstrated inability to operate or manage a sexually oriented business in a peaceful and law abiding manner thus necessitating action by law enforcement officers.
(Ord. 41-98. Passed 5-11-98.)
The Chief of Police shall suspend a "Sexually Oriented Business Employee License" for a period not to exceed thirty (30) days if he determines that a sexually oriented business employee licensee has:
(a) Violated or is not in compliance with this chapter;
(b) Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises;
(c) Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter;
(d) Recklessly permitted gambling by any person on the sexually oriented business premises;
(e) Demonstrated inability to operate or manage a sexually oriented business in a peaceful and law abiding manner thus necessitating action by law enforcement officers.
(Ord. 41-98. Passed 5-11-98.)
(a) The Chief of Police shall revoke a "Sexually Oriented Business License" if a cause of suspension in Section 711.12 occurs and the "Sexually Oriented Business License" has been suspended within the preceding twelve months.
(b) The Chief of Police shall revoke a "Sexually Oriented Business License" if he determines that the sexually oriented business licensee:
(1) Gave false or misleading information in the material submitted to the Chief of Police during the application process;
(2) Recklessly allowed possession, use, or sale of controlled substances on the premises;
(3) Recklessly allowed prostitution on the premises;
(4) Recklessly operated the sexually oriented business during a period of time when the sexually oriented business licensee's license was suspended;
(5) Has been convicted of an offense listed in Section 711.06(a)(8);
(6) Recklessly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the sexually oriented business licensed premises; or
(7) Is delinquent in payment more than ninety days to the City for income taxes, or any other taxes or assessments which the City imposes, or sales taxes related to the sexually oriented business.
(c) The fact that a conviction is being appealed shall have no effect on the revocation of the "Sexually Oriented Business License."
(d) Subsection (b)(6) hereof does not apply to adult motels as grounds for revoking the "Sexually Oriented Business License" unless the sexually oriented business licensee recklessly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view.
(e) A "Sexually Oriented Business License" revocation shall continue for one year and the sexually oriented business licensee shall not be issued a "Sexually Oriented Business License" or a "Sexually Oriented Business Employee License" for one year from the date the revocation became effective. (Ord. 41-98. Passed 5-11-98.)
(a) The Chief of Police shall revoke a "Sexually Oriented Business Employee License" if a cause of suspension in Section 711.13 occurs and the "Sexually Oriented Business Employee License" has been suspended within the preceding twelve months.
(b) The Chief of Police shall revoke a "Sexually Oriented Business Employee License" if he determines that the sexually oriented business employee licensee:
(1) Gave false or misleading information in the material submitted to the Chief of Police during the application process;
(2) Recklessly allowed possession, use, or sale of controlled substances on the premises;
(3) Recklessly allowed prostitution on the premises;
(4) Recklessly operated the sexually oriented business during a period of time when the sexually oriented business licensee's license was suspended;
(5) Has been convicted of an offense listed in Section 711.06(a)(8).
(6) Recklessly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the sexually oriented business licensed premises; or
(7) Is delinquent in payment more than ninety days to the City for income taxes, or any other taxes or assessments which the City imposes, or sales taxes related to the sexually oriented business.
(c) The fact that a conviction is being appealed shall have no effect on the revocation of the "Sexually Oriented Business Employee License."
(d) Subsection (b)(6) hereof does not apply to adult motels as grounds for revoking the "Sexually Oriented Business Employee License" unless the sexually oriented business employee licensee recklessly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view.
(e) A "Sexually Oriented Business Employee License" revocation shall continue for one year and the sexually oriented business employee licensee shall not be issued a "Sexually Oriented Business Employee License" for one year from the date the revocation became effective.
(Ord. 41-98. Passed 5-11-98.)
If the Chief of Police denies the issuance of a "Sexually Oriented Business License" or “Sexually Oriented Business Employee License" or suspends or revokes a "Sexually Oriented Business License"or "Sexually Oriented Business Employee License" he shall notify the applicant or sexually oriented business licensee by certified mail, return receipt requested, or by personal service, written notification of the denial, suspension or revocation.
(a) Any denial, suspension, or revocation of a new or renewal license under the provisions of this chapter, may be appealed to the Sexually Oriented Business Appeals Board which shall consist of the Safety Director, the Chief Building Official, and the Planning Director, by written notice within 10 days receipt of notice of such denial, suspension, or revocation. Unless the applicant requests a longer period, the Board must hold a hearing on the appeal within 14 days and must issue a decision affirming or reversing the denial, suspension, or revocation within five days after the hearing.
(b) Any decision by the Sexually Oriented Business Appeals Board shall be a final appealable order, and the applicant, the licensee, or the City may seek prompt judicial review of such administrative action in any court of competent jurisdiction.
(c) In the event that an applicant, licensee, or the City seeks judicial review of a decision by the Sexually Oriented Board, the appellant shall file written notice of such appeal with the Sexually Oriented Business Appeals Board stating the grounds for the appeal. Within 10 days of receiving such written notice of appeal, or within such shorter time as may be ordered by the court, the Board shall transmit to the court in which appeal was sought a copy of the full administrative record for the matter, including a complete transcript of all the original papers, testimony, and evidence offered, heard, and taken into consideration in issuing the final order. The Board and all other departments or agencies of the City shall provide any further information, assistance, or cooperation requested by the reviewing court without delay.
(d) Any licensee lawfully operating a sexually oriented business prior to the denial of a license renewal application, or the suspension or revocation of a license, may continue to operate said business during the pendency of an appeal to the Sexually Oriented Business Appeals Board or to a court.
(e) Any licensee lawfully acting as an employee in a sexually oriented business prior to the denial of a license renewal application, or the suspension or revocation of a license, may continue to serve in such capacity during the pendency of an appeal to the Sexually Oriented Business Appeals Board or to a court.
(f) In the event that an applicant for a new sexually oriented business license or new sexually oriented business employee license seeks judicial review of the denial of a new license, and such review does not result in a final judicial decision within 60 days of the date the appeal was filed, the City will issue such applicant a provisional sexually oriented business license or sexually oriented business employee license upon request of the applicant. The provisional license will:
(1) Allow an applicant for a sexually oriented business license to operate the sexually oriented business named in the license application under the same terms as a normal sexually oriented business license issued pursuant to Section 711.06 of this chapter for the period of time specified in subparagraph (g) of this section; and
(2) Allow an applicant for a sexually oriented business employee license to act as an employee on the premises of a sexually oriented business under the same terms as a normal sexually oriented business employee licensee issued pursuant to Section 711.07 of this chapter for the period of time specified in subparagraph (g) of this section; and
(g) A provisional license will expire on whichever of the following three dates is earliest:
(1) The date that a judicial decision is issued upholding the license denial;
(2) The date on which a non-provisional sexually oriented business license or sexually oriented business employee license is issued to the applicant pursuant to a judicial decision overturning the license denial; or
(3) The date one year from the issuance of the provisional license.
(h) In the event that judicial review of the denial of a new license application is still pending 30 days before the expiration date of a provisional license, the provisional licensee may file a renewal license application with the Chief of Police pursuant to Section 711.06 or Section 711.07 of this chapter. The Chief of Police shall grant an application for renewal of a provisional license unless he determines that new grounds exist for denial of a license application pursuant to Section 711.06 or Section 711.07 of this chapter, which did not exist at the time of the original license application. In the event that an application for renewal of a provisional license is denied and the applicant seeks judicial review of that denial, the City has the right to consolidate such review with the pending judicial appeal of the previous license denial.
(Ord. 41-98. Passed 5-11-98.)
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