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Before any applicant may be licensed to operate a sexually oriented business or as a sexually oriented business employee pursuant to this chapter, the applicant shall submit, on a form to be supplied by the business license coordinator, the following:
A. Correct Legal Name: The correct legal name of each applicant, corporation, partnership, limited partnership or entity doing business under an assumed name;
B. Corporations; Partnerships: If the applicant is a corporation, partnership or limited partnership or individual or entity doing business under an assumed name, the information required below for individual applicants shall be submitted for each partner and each principal of an applicant and for each officer, director of a corporation and any shareholder (corporate or personal) of more than ten percent (10%) of the stock of any applicant. Any holding company, or any entity holding more than ten percent (10%) of an applicant shall be considered an applicant for purposes of disclosure under this chapter;
C. Personal Information: For all applicants or individuals, the application must also state:
1. Any other names or aliases used by the individual;
2. The age, date and place of birth;
3. Height, weight, color of hair, color of eyes;
4. Present business address and telephone number;
5. Present residence and telephone number;
6. Utah driver's license or identification number; and
7. Social security number;
D. Proof Of Age: Acceptable written proof that any individual is at least eighteen (18) years of age;
E. Photographs: Attached to the form as provided above, two (2) color photographs taken by the Ogden police department of the applicant clearly showing the individual's face and the individual's fingerprints on a form provided by the police department. For persons not residing in the city, the fingerprints shall be on a form from the law enforcement jurisdiction where the person resides. Fees for the fingerprints shall be paid by the applicant directly to the issuing agency; fees for the photographs shall be covered as part of the business license fee;
F. Previous Employment History And Residences: A statement of the business, occupation, or employment history and all previous residence addresses, if any, of each individual applicant, for the three (3) years immediately preceding the date of the filing of the application;
G. License And Permit History: A statement detailing the business license and permit history of the applicant for the five (5) year period immediately preceding the date of the filing of the application for any license or permit identical to or similar to those regulated by this chapter; and whether the applicant, previously operating or seeking to operate such business or engaging in such occupation in this or in any other county, city or state, has ever had a license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, state the date, the name of the issuing or denying jurisdiction, and state in full the reasons for the denial, revocation or suspension;
H. Criminal Convictions: All criminal convictions or pleas of nolo contendere, except those which have been expunged, for the applicant, individual or other entity subject to disclosure under this chapter for five (5) years prior to the date of application. This disclosure shall include identification of all ordinance violations, excepting minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature of each conviction or plea of nolo contendere and sentence of each conviction or other disposition; identifying the convicting jurisdiction. Application for a sexually oriented business or employee license shall constitute a waiver of disclosure of any criminal conviction or plea of nolo contendere for the purposes of any proceeding involving the business or employee license;
(Ord. 2000-39, 7-18-2000)
I. Owner Of Property: In the event the applicant is not the owner of record of the real property upon which the business or proposed business is or is to be located, the application must be accompanied by a notarized statement from the legal or equitable owner of the property specifically acknowledging the type of business for which the applicant seeks a license for the property. In addition to furnishing such notarized statement, the applicant shall furnish the name, address and phone number of the owner of record of the property, as well as a copy of the lease;
(Ord. 2001-66, 11-27-2001, eff. 12-13-2001)
J. Description Of Services: A description of the services to be provided by the business, with sufficient detail to allow reviewing authorities to determine what business will be transacted on the premises, together with a schedule of usual fees for services to be charged by the licensee, and any rules, regulations or employment guidelines under or by which the business intends to operate. This description shall also include:
1. The hours that the business or service will be open to the public, and the methods of promoting the health and safety of the employees and patrons and preventing them from engaging in illegal activity,
2. The methods of supervision preventing the employees from engaging in acts of prostitution or other related criminal activities,
3. The methods of supervising employees and patrons to prevent employees and patrons from charging or receiving fees for services or acts prohibited by this chapter or other statutes or ordinances,
4. The methods of screening employees and customers in order to promote the health and safety of employees and customers and prevent the transmission of disease and prevent the commission of acts of prostitution or other criminal activity;
K. Unlawful: It is unlawful to knowingly submit false or materially misleading information on or with a sexually oriented business license application or to fail to disclose or omit information for the purpose of obtaining a sexually oriented business or employee license.
(Ord. 2000-39, 7-18-2000)
Each applicant for a sexually oriented business license shall post, with the city's business license coordinator, a cash or corporate surety bond payable to Ogden City in the amount of two thousand dollars ($2,000.00). Any fines or penalties assessed against the business, officers, or managers for violations of city ordinances related to the licensed premises shall be taken from this bond if not paid in cash within ten (10) days after notice of the fine, unless an appeal is filed as provided by this chapter. In the event the funds are drawn against the cash or surety bond to pay such fines or penalties, the bond shall be replenished to two thousand dollars ($2,000.00) within fifteen (15) days of the date of notice of any draw against it.
(Ord. 2000-39, 7-18-2000)
A. Within Thirty Days; Exceptions: The city business license coordinator shall approve the license application within thirty (30) days after receipt of an application, unless the business license coordinator finds one or more of the following:
1. An applicant is under eighteen (18) years of age.
2. The applicant is overdue in payment to the city of fees, taxes, fines, or penalties assessed against the applicant or imposed on the applicant in relation to a sexually oriented business.
3. The applicant has falsely answered a material question or request for information as authorized by this chapter.
4. The applicant has violated a provision of this chapter or similar provisions found in statutes or ordinances from any jurisdiction within two (2) years immediately preceding the application; a conviction for a violation of a provision of this chapter or similar provisions from any jurisdiction, whether or not it is being appealed, is conclusive evidence of a violation, but a conviction is not necessary to prove a violation.
5. The premises to be used for the business has been disapproved by the county health department, the city fire department, the city police department and the city building officials or the city zoning officials as not being in compliance with applicable laws and ordinances of the city. If any of the foregoing reviewing agencies cannot complete their review within the thirty (30) day approval or denial period, the agency or department may obtain from the business license coordinator an extension of time for their review of no more than fifteen (15) days. The total time for the city to approve or deny a license shall not exceed forty five (45) days from the receipt of an application and payment of all fees. Businesses located outside of the corporate boundaries of the city, but requiring a license under this chapter, may be denied a license pursuant to this chapter if the business does not have a valid business license to conduct business at the business location from the appropriate jurisdiction for that location.
a. Upon receipt of an application all departments required to review the application shall determine within seven (7) days whether or not the application is incomplete in items needed for processing. Incomplete applications shall immediately be returned to the applicant with a specification of the items which are incomplete.
b. The time for processing applications specified in this section shall begin to run from the receipt of a complete application.
c. In the event that a license for an adult live entertainment business, an adult entertainment dancing agency or an adult business, has not been disapproved within thirty (30) days or the forty five (45) days allowed after an extension, the city shall issue the license pending completion of the city's review.
d. Any license issued pursuant to subsection A5c of this section may be revoked by the city pursuant to the revocation procedures of chapter 1, article C of this title and subsections 5-15-19A and B of this chapter if the completed review determines that the license should have been denied.
6. The required license fees have not been paid.
7. All applicable sales and use taxes have not been paid.
8. An applicant for the proposed business is in violation of or not in compliance with this chapter or similar provisions found in statutes or ordinances from any jurisdiction.
9. An applicant has been convicted of or pleaded nolo contendere to a crime:
a. Involving prostitution; exploitation of prostitution; aggravated promotion of prostitution; solicitation of sex acts; sex acts for hire; compelling prostitution; aiding prostitution; sale, distribution or display of material harmful to minors; sexual performance by minors; possession of child pornography; public lewdness; indecent exposure; any crime involving sexual abuse or exploitation of a child; sexual assault or aggravated sexual assault; rape; forcible sodomy; forcible sexual abuse; incest; harboring a runaway child; the unlawful possession or use of controlled substances; criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses or offenses involving similar elements from any jurisdiction regardless of the exact title of the offense for which:
(1) Less than two (2) years have elapsed from the date of conviction, if the conviction is of a misdemeanor offense, or less than five (5) years, if the convictions are of two (2) or more misdemeanors within the five (5) years; or
(2) Less than five (5) years have elapsed from the date of conviction, if the offense is a felony.
b. The fact that a conviction is being appealed shall have no effect on the disqualification pursuant to this section.
(Ord. 2001-66, 11-27-2001, eff. 12-13-2001)
B. License Term: Licenses issued pursuant to this chapter shall expire at the end of the licensing term, and thereafter renewed, as provided in section 5-1A-13 of this title.
C. Employee Licenses: The license for sexually oriented business employees shall contain the license number; the name of the licensee; the stage names of performers; a physical description; a photograph of the employee; the name of the agent or agency, if applicable; and the expiration date of the license.
(Ord. 2000-39, 7-18-2000; amd. Ord. 2006-42, 7-11-2006)
A. Adult Live Entertainment Businesses: It is unlawful for any business licensed as an adult live entertainment business to be located within three hundred thirty feet (330') of a business licensed for the sale or consumption of alcohol; provided, such restriction is not intended to prohibit an adult live entertainment business from obtaining a license for the sale and consumption of alcoholic beverages for its premises, under the provisions of chapter 3, article C of this title.
B. Zoning: It is unlawful for any sexually oriented business to do business at any location within the city not zoned for such business. Sexually oriented businesses shall only be allowed in areas zoned for their use pursuant to the zoning ordinance.
(Ord. 2000-39, 7-18-2000)
A. Adult Business Or Live Entertainment Businesses; Diagram: In addition to the general requirements of disclosure for a sexually oriented business, any applicant for a license as an adult business or adult live entertainment business shall also submit a diagram, drawn to scale, of the premises of the license. The design and construction, which must be completed prior to granting a license or opening for business, shall conform to subsection D of this section and the following provisions as applicable:
1. The interior of the premises shall be configured in such a manner that there is an unobstructed view from the manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms.
2. Restrooms may not contain any video reproduction equipment or any of the business merchandise. Signs shall be posted requiring only one person be allowed in the restroom per stall, and only one person in any stall at a time, and requiring that patrons shall not be allowed access to the manager's station areas.
3. For businesses which exclude minors from the entire premises, all windows, doors and other apertures to the premises shall be darkened or otherwise constructed to prevent anyone outside the premises from seeing the inside of the premises. Businesses which exclude minors from less than all of the premises shall be designed and constructed so that minors may not see into the area from which they are excluded. The above restriction shall not apply to a reception area or foyer where no depictions or displays of specified sexual activities or specified anatomical areas can be seen while standing within said foyer area.
4. The diagram required shall not necessarily be a professional engineer's or architect's blueprint; however, the diagram must show marked internal dimensions, all overhead lighting fixtures, and ratings for illumination capacity.
B. Manager's Station; Unobstructed View: It shall be the duty of the licensee and the licensee's employees to ensure that the views from the manager's station in subsection A1 of this section remain unobstructed by any doors, walls, merchandise, display racks or any other materials, at all times that any patron is present in the premises, and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.
C. Lighting Fixtures: The premises shall at all times be equipped and operated with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one foot-candle, measured at floor level. It shall be the duty of the licensee and the licensee's employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present on the premises.
D. Adult Live Entertainment Business; Additional Requirements:
1. In addition to the requirements in subsections A through C of this section, it is unlawful for any adult live entertainment business premises licensed under this chapter to:
a. Permit a bed, sofa, mattress or similar item in any room on the premises, except that a sofa may be placed in a reception room open to the public or in any office to which patrons are not admitted, and except that in an adult theater such items may be on the stage as part of a performance.
b. Allow any door on any room used for the business, except for the door to an office to which patrons shall not be admitted, outside doors and restroom doors, to be lockable from the inside.
c. Provide any room in which the employee or employees and the patron or patrons are alone together.
2. Adult live entertainment businesses, including adult theaters, shall also require that any performance area be on a stage raised at least two feet (2') from the level of the main floor separated from the patrons by a minimum of three feet (3'), which separation shall be delineated by a physical barrier at least three feet (3') high.
(Ord. 2000-39, 7-18-2000)
A. Notice Of Change Of Information: Any change in the information required to be submitted under this chapter for either a sexually oriented business license or sexually oriented business employee license shall be given, in writing, to the business license coordinator and the police department within fourteen (14) days after such change.
B. Transfer Limitations: Sexually oriented business licenses granted under this chapter shall not be transferable. It is unlawful for a license held by an individual to be transferred. It is unlawful for a license held by a corporation, partnership or other noncorporate entity to transfer any part in excess of ten percent (10%) thereof, without filing a new application and obtaining prior city approval. If any transfer of the controlling interest in a business licensee occurs, the license is immediately null and void, and the business shall not operate until a separate new license has been properly issued by the city as provided in this chapter.
C. Display Of License: It is unlawful for any sexually oriented business location within the boundaries of the city to fail to display the license granted pursuant to this chapter in a prominent location within the business premises. It is unlawful for any individual licensed pursuant to this chapter to fail to carry, at all times while engaged in licensed activities within the corporate limits of the city, carry their employee license on their person. If the individual is performing, such license shall be visibly displayed within the same room as the employee is performing. When requested by police, city licensing or other enforcement personnel, it is unlawful to fail to show the appropriate licenses while engaged in licensed activities within the corporate boundaries of the city.
D. Advertisements; Statement: It is unlawful for any advertisement by the sexually oriented business or employee to fail to state that the business or employee is licensed by the city and shall include the city license number.
(Ord. 2000-39, 7-18-2000)
A. Obscenity: Notwithstanding anything contained in this chapter, nothing in this chapter shall be deemed to permit or allow the showing or display of any matter which is contrary to the provisions of this code, or other applicable federal or state statutes prohibiting obscenity.
B. Premises Location: It is unlawful to conduct business under a license issued pursuant to this chapter at any location other than the licensed premises. Any location to which telephone calls are automatically forwarded by such business shall require a separate license.
C. Business Name: It is unlawful for any sexually oriented business to do business in the city under any name other than the business name specified in the application.
D. Unlawful Activities: It is unlawful for any sexually oriented business or sexually oriented business employee to:
1. Allow persons under the age of eighteen (18) years on the licensed premises, or under the age of twenty one (21) years if the premises are licensed for the sale or consumption of alcoholic beverages, except that in adult businesses which exclude minors from less than all of the business premises, minors shall not be permitted in excluded areas;
2. Allow, offer or agree to conduct any outcall business with persons under the age of eighteen (18) years;
3. To allow the sale, storage, supply, or consumption of alcoholic beverages on the licensed premises unless a Class C or Class D license has been issued for the premises pursuant to chapter 3, article C of this title;
4. Allow the outside door to the premises to be locked while any patron or customer is on or in the licensed premises;
5. Allow, offer or agree to gambling on the licensed premises;
6. Allow, offer or agree to any sexually oriented business employee touching or being touched by any patron or customer, except that outcall employees and customers may touch, provided that any touching of specified anatomical areas, whether clothed or unclothed, is prohibited;
7. Allow any sexually oriented business employee to perform or appear on the premises of an adult live entertainment business in a state of nudity or for the employee to perform or appear in a state of nudity on such premises, except that a performer may be allowed to perform or appear in a state of seminudity on a stage or within a performance area designed and separated as required in subsections 5-15-11D1c and D2 of this chapter;
8. Allow, offer or agree to illegal possession, use, sale or distribution of controlled substances on the licensed premises;
9. Allow sexually oriented business employees to possess, use, sell or distribute controlled substances while engaged in the activities of the business;
10. Allow, offer or agree to commit prostitution, solicitation of prostitution, solicitation of a minor or committing activities harmful to a minor to occur on the licensed premises or, in the event of an outcall employee or business, the outcall employee committing, offering or agreeing to commit prostitution, attempting to commit prostitution, soliciting prostitution, soliciting a minor, or committing activities harmful to a minor;
11. Allow, offer, commit or agree to any specified sexual activity as validly defined by city ordinances or state statute in the presence of any customer or patron;
12. Allow, offer or agree to any outcall employee appearing before any customer or patron in a state of nudity;
13. Allow, offer or agree to allow a patron or customer to masturbate in the presence of the sexually oriented business employee or on the premises of a sexually oriented business;
14. To engage or allow any employee to engage in activity for the purpose of soliciting, beckoning, requesting or suggesting to any person to enter such premises as a patron within twenty five feet (25') of any sexually oriented business;
15. To allow an employee to act in a capacity of what is commonly known as a "lookout" to be stationed or maintained to give warning of the approach of any police officer to the premises of a sexually oriented business or to maintain or operate any electrical or other device which is used or capable of being used to give warning to persons within the premises of a sexually oriented business of the approach of any police officer.
E. Manager Responsibilities:
1. Unless an owner is present, a manager shall be on duty at an adult live entertainment business at all times adult live entertainment is being provided or that customers are on the premises. The name of the manager on duty shall be prominently posted during business hours.
2. Unless an owner is present, a manager shall be on duty at an adult business at all times that the business is open. The name of the manager on duty shall be prominently posted during business hours.
(Ord. 2000-39, 7-18-2000)
A. Performers: It is unlawful for any professional dancer, model or performer, while performing in any business licensed pursuant to this chapter to:
1. Touch in any manner any other person;
2. Throw any object or clothing off the stage area;
3. Accept any money, drink or any other object directly from any person; or
4. Allow another person to touch such performer or to place any money or object on the performer or within the costume or person of the performer;
5. Fail to be costumed at all times with opaque clothing covering the nipple and areola of the female breast and the male or female genitals, pubic area and anus, which covering of the genitals, pubic area and anus shall be no narrower than four inches (4") wide in the front and five inches (5") wide in the back, and shall not taper to less than one inch (1") wide at the narrowest point;
6. Wear or expose any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region or pubic hair region; or wear or expose any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples; or
7. To touch or cross over the barrier separating the patrons from the stage.
B. Patrons: It is unlawful for any person, or any patron of any adult live entertainment business to touch in any manner any performer; to place any money or object on or within the costume or person of any performer; to cross over the barrier separating the patrons from the stage during a seminude performance; to bring into the premises any alcoholic beverage for on premises consumption; or to give or offer to give to any such performer any drinks, money or object while such performer is performing; except that money may be placed on the stage which shall not be picked up by the performer except by hand.
(Ord. 2000-39, 7-18-2000; amd. Ord. 2001-66, 11-27-2001, eff. 12-13-2001)
It is unlawful for any business or employee providing outcall services contracted for in the city, to fail to comply with the following requirements:
A. Written Contract: All businesses licensed to provide outcall services pursuant to this chapter shall provide to each patron a written contract in receipt of pecuniary compensation for services. The contract shall clearly state the type of services to be performed, the length of time such services shall be performed, the total amount such services shall cost the patron, and any special terms or conditions relating to the services to be performed. The contract need not include the name of the patron. The business licensee shall keep and maintain a copy of each written contract entered into pursuant to this section for a period of not less than one year from the date of provision of services thereunder. The contracts shall be numbered and entered into a register listing the contract number, date, names of all employees involved in the contract and pecuniary compensation paid.
B. Maintain Office Or Telephone: All outcall businesses licensed pursuant to this chapter shall maintain an open office or telephone at which the licensee or licensee's designated agent may be personally contacted during all hours outcall employees are working. The address and phone number of the license location shall appear and be included in all patron contracts and published advertisements. For outcall businesses which premises are licensed within the corporate limits of the city, private rooms or booths where the patrons may meet with the outcall employee shall not be provided at the open office or any other location by the service, nor shall patrons meet outcall employees at the business premises.
C. Advertise; Manner: Outcall services shall not advertise in such a manner that would lead a reasonably prudent person to conclude that specified sexual activities would be performed by the outcall employee.
D. Employee Licensing: All employees of outcall services who provide outcall services within the city shall be licensed in accordance with this chapter, regardless of the primary location of the business.
(Ord. 2000-39, 7-18-2000)
A police officer or other "authorized officer" as defined in section 5-1A-1 of this title, may, during the hours that the establishment is open for business, upon presentation of proper identification, inspect those portions of any premises in which a sexually oriented business regulated under this chapter is conducted that are open to or frequented by patrons and the records kept on the premises as required by subsection 5-15-16A of this chapter. Such inspection shall be limited in scope to that necessary to determine compliance with the regulatory provisions of this chapter.
(Ord. 2000-39, 7-18-2000)
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