(A) License required. No person shall own or operate an adult establishment without having first secured a license as provided for in this section.
(B) Application. The application for an adult establishment license shall be submitted on a form provided by the city and shall include:
(1) If the applicant is an individual, the name, residence, phone number and birth date of the applicant. If the applicant is a partnership, the name, residence, phone number and birth date of each general and limited partner. If the applicant is a corporation, the names, residences, phone numbers and birth dates of all officers and directors of the corporation;
(2) The name, address, phone number and birth date of the operator and manager of the operation, if different from the owners;
(3) The address and legal description of the premises where the adult establishment is to be located;
(4) A statement detailing any gross misdemeanor or felony convictions relating to sex offenses, obscenity or the operation of an adult establishment or adult business by the applicant, operator or manager and whether or not the applicant, operator or manager has ever applied for or held a license to operate a similar type of business in other communities. In the case of a corporation, a statement detailing any felony convictions of the officers and directors of the corporation, and whether or not those officers and directors have ever applied for or held a license to operate a similar type of business in other communities;
(5) The activities and types of business to be conducted;
(6) The hours of operation;
(7) The provisions made to restrict access by minors; and
(8) A building plan of the premises detailing all internal operations and activities.
(C) License fee.
(1) The annual license fee shall be as set forth in the city’s fee schedule.
(2) Each application for a license shall be submitted to the City Administrator and payment made to the city. Each application for a license shall be accompanied by payment in full of the required license fee. Upon rejection of any application for a license, the city shall refund the license fee.
(3)
All licenses shall expire on December 31 of each year. Each license shall be issued for a period of one year; except that, if a portion of the license year has elapsed when the application is made, a license may be issued for the remainder of the year for a pro rated fee. In computing the fee, any unexpired fraction of a month shall be counted as one month.
(4) No part of the fee paid by any license shall be refunded; except that, a pro rata portion of the fee shall be refunded in the following instances upon application to the City Administrator within 30 days from the happening of the event; provided that, the event occurs more than 30 days before the expiration of the license:
(a) Destruction or damage of the licensed premises by fire or other catastrophe;
(b) The licensee’s illness;
(c) The licensee’s death; and
(d) A change in the legal status making it unlawful for the licensed business to continue.
(5) Each application shall contain a provision on the application in bold print indicating that any withholding of information or the providing of false or misleading information will be grounds for denial or revocation of a license. Any changes in the information provided on the application or provided during the investigation shall be brought to the attention of the City Council by the application or licensee. If the changes take place during the investigation, the data shall be provided to the Police Chief in writing and they shall report the changes to the City Council. Failure to report the changes by the applicant(s) or the licensee may result in a denial or revocation of a license.
(D) Investigative fee. The investigative fee for an adult establishment license shall be determined per the city’s fee schedule.
(E) Granting of license.
(1) The Police Chief or other designated person shall complete the investigation within 30 days after the City Administrator receives a complete application and all license and investigative fees.
(2) If the application is for a renewal, the applicant shall be allowed to continue business until the Council has determined to renew or refuse to renew a license.
(3) If, after the investigation, it appears that the applicant and the place proposed for the business are eligible for a license under the criteria set forth in this section, then the license shall be issued by the City Council within 30 days after the investigation is completed. Otherwise, the license shall be denied.
(4) Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license may be transferred to another premise without the approval of the City Council. If the licensee is a partnership or a corporation, a change in the identity of any of the principals of the partnership or corporation shall be deemed a transfer of the license. All adult establishments existing at the time of the adoption of this section shall be required to obtain an annual license.
(F) Persons ineligible for license. No license shall be granted to or held by any person:
(1) Under 21 years of age;
(2) Who is overdue in payments to the city, county or state of taxes, fees, fines or penalties assessed against them or imposed upon them;
(3) Who has been convicted of a gross misdemeanor or felony, if the conviction relates to sex offenses, obscenity offenses or adult establishments;
(4) Who is not the proprietor of the establishment for which the license is to be issued;
(5) Who has been denied a license by the city or any other state municipal corporation to operate an adult establishment, or the license has been suspended or revoked within the preceding 12 months; and
(6) Who has not paid the license and investigative fees required by this section.
(G) Places ineligible for license. No license shall be granted to:
(1) Any adult establishment which is not in full compliance with the city code, the city’s zoning ordinance, the Building Code, the Fire Code, the city’s health regulations and all provisions of state and federal law; or
(2) Any establishment that holds an intoxicating liquor, beer or wine license.
(H) Conditions of license.
(1) Every license shall be granted subject to the following conditions and all other provisions of this section, and of any applicable sections of the city code, the city’s zoning ordinance, the Building Code, the Fire Code, the city’s health regulations and all provisions of state and federal law.
(2) All licensed premises shall have the license posted in a conspicuous place at all times.
(3) No minor shall be permitted on the licensed premises.
(4) Any designated inspection officer of the city shall have the right to enter, inspect and search the premises of a licensee during business hours.
(5) Every licensee shall be responsible for the conduct of licensee’s place of business and shall maintain conditions of order.
(6) No adult goods or material services shall be offered, sold, transferred, conveyed, given, displayed or bartered to any minor.
(7) No merchandise or pictures of the products or entertainment sold or conducted on the premises may be displayed in the window areas or in any area where they can be viewed from a sidewalk in front of the building.
(8) The window areas may not be covered or made opaque in any way. No sign may be placed in any window. A one square foot sign may be placed on the door of the business to state the hours of operation and that admittance is to adults only.
(I) Right of appeal.
(1) In the event that the Council determines to suspend, or revoke a license, such suspension or revocation shall not be effective until 15 days after notification of the decision to the licensee. If, within that 15 days, the licensee files and serves an action in state or federal court challenging the Council’s action, then the suspension or revocation shall be stayed until the conclusion of the action.
(2) If the City Council determines not to renew a license, the licensee may continue its business for 15 days after receiving notice of the non-renewal. If the licensee files and serves an action in state or federal court within that 15 days for the purpose of determining whether the city acted properly, the licensee may continue in business until the conclusion of the action.
(3) If the City Council decides not to grant a license to an applicant, then the applicant may commence an action in state or federal court within 15 days for the purpose of determining whether the city acted properly. The applicant shall not commence doing business unless the action is concluded in its favor.
(Prior Code, § 513.06) (Ord. 574, passed 05-13-1996; Ord. 734, passed 04-26-2004; Ord. 844, passed 05-20-2010; Ord. 981, passed 11-08-2021)
Penalty, see § 116.999