Loading...
Upon receipt of an application the City shall send photocopies of the application to all city agencies responsible for the enforcement of health, fire, building and zoning codes and laws. Each agency shall investigate the application for compliance with its respective code and approve or disapprove the application within twenty (20) days of the receipt of the application by the City. An agency shall disapprove an application if it finds that the business would be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the City and the reasons(s) for disapproval must be stated.
(Ord. 12-1998. Passed 7-27-98.)
(a) An application shall be granted or denied within thirty (30) days from the date of its proper filing.
(b) Grant of application for permit:
(1) An application shall be granted unless one of the criteria of subsection (c) hereof is met.
(2) The permit shall state on its face the name of the person or persons to whom it is granted and the address of the sexually oriented business and the permit expiration date. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so it can be read at any time.
(c) Denial of application for permit:
(1) An application may be denied for any of the following reasons:
A. An applicant is under 18 years of age;
B. An applicant or an applicant's spouse is overdue on the payment of taxes, fees, fines, or penalties assessed by the City in relation to a sexually oriented business.
C. An applicant has failed to provide information as requested in the application or has supplied false information.
D. The premises to be used are not in compliance with city health, fire, and/or building codes as determined by the city agency responsible for determining such compliance.
E. The $100.00 application fee has not been paid.
F. The proposed business does not comply with the four hundred (400) feet location requirement of Section 737.03(a).
G. To grant the application would violate a statue, ordinance or court order.
H. The applicant has a permit under this chapter which has been suspended or revoked.
I. The applicant has been convicted of a specified criminal act within the time limitation of Section 737.06(c)(3).
J. The applicant knowingly employs an employee who does not have a valid license as required in Section 737.16.
(2) Applicants shall be promptly notified of an application denial and the reasons for denial.
(Ord. 12-1998. Passed 7-27-98.)
Representatives of the city enforcement agencies, including, but not limited to, the city Police Department, Fire Department, Building Department and Health Department, shall be permitted to inspect a sexually oriented business to determine compliance with their respective departments, at any time it is occupied or open for business. The failure to allow inspection is unlawful and is a misdemeanor.
(Ord. 12-1998. Passed 7-27-98.)
Each permit shall expire one year from the date of issuance and may be renewed by making an application under Section 737.06 at least thirty (30) days before the expiration date. If a renewal is denied, a new permit shall not be issued for one year from the date of denial. If the basis for denial has been corrected and at least ninety (90) days have elapsed from the date the denial became final, a new permit may be granted.
(Ord. 12-1998. Passed 7-27-98.)
A permit to operate a sexually oriented business may be suspended until the violation causing the suspension has been corrected, provided that the suspension period is not to exceed thirty (30) days, if a permittee or an employee of a permittee:
(a) Violates or is not in compliance with this chapter; or
(b) Works at the sexually oriented business while under the influence of alcohol; or
(c) Refuses to allow an inspection of the sexually oriented business in accord with this chapter; or
(d) Knowingly permits gambling on the premises of the sexually oriented business; or
(e) Fails to correct a violation of a building, fire, health or zoning code within seven days of notification of such violation; or
(f) Transfers the sexually oriented business permit to another in violation of this chapter; or
(g) Knowingly employs a person without a valid license as required in Section 737.16 of this chapter.
(Ord. 12-1998. Passed 7-27-98.)
(a) A permit to operate a sexually oriented business shall be revoked upon a determination that either a permit is to be suspended for a second time within a twelve (12) month period or that a permittee or employee of a permittee:
(1) Gave false or misleading information on the permit application which enhanced the permittee's opportunity to obtain a permit; or
(2) Knowingly allowed the possession, sale or use of a controlled substance on the premises; or
(3) Knowingly allowed prostitution on the premises; or
(4) Knowingly operated the business while under permit suspension; or
(5) Has been convicted of a "specified criminal act" for which the time period required in Section 737.06(c)(3) has not elapsed; or
(6) Committed a "specified criminal act" on the permitted premises on one or more occasions within a twelve (12) month period while employed by the permit holder; or
(7) Has been convicted of tax violations for taxes or fees related to a sexually oriented business; or
(8) Allowed any act of sexual intercourse, sexual conduct or any other specified sexual activities to occur in or on the permitted premises; or
(9) Operated more than one sexually oriented business under a single roof.
(b) A permit shall be revoked for one year and a permittee shall not receive any other permits for any other sexually oriented businesses during the one year revocation period. If the basis for revocation is corrected, the applicant may be granted a new permit if at least ninety (90) days have elapsed since the date the revocation became effective.
(Ord. 12-1998. Passed 7-27-98.)
Loading...