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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)
It is a defense to prosecution or violation under this chapter that a person appearing in a state of nudity did so in a modeling class operated:
A. Proprietary School: By a proprietary school licensed by the state, or a college, junior college or university supported entirely or partly by taxation;
B. Private College Or University: By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation.
(Ord. 2000-39, 7-18-2000)
A. Injunction: An entity or individual who operates or causes to be operated a sexually oriented business, without a valid license, or who employs or is employed as an employee of a sexually oriented business, or who operates such a business or functions as such an employee in violation of the provisions of this chapter, is subject to a suit for injunction in addition to the civil and criminal violations provided herein, and any other remedy available at law or in equity.
B. Suspension Or Revocation:
1. The city may issue a notice suspending or revoking a sexually oriented business or employee license granted under this chapter if a licensee, or an employee of the licensee has:
a. Violated or is not in compliance with the provisions of this chapter;
b. Refused to allow any inspection of the premises of the sexually oriented business specifically authorized by this chapter, or by any other statute or ordinance;
c. Submitted materially false or misleading information in obtaining the license;
d. A licensee or an employee knowingly operated the sexually oriented business or worked under the employee license during the period when the business licensee or employee licensee's license was suspended;
e. A licensee has committed an offense which would be grounds for denial of a license for which the time period required has not elapsed;
f. On two (2) or more occasions within a twelve (12) month period, a person committed in or on, or solicited for in or on the licensed premises, or an outcall employee solicited or committed on or off the premises, an offense which would be grounds for denial of a license for which a conviction has been obtained, and the person or persons were employees, whether or not licensed, of the sexually oriented business at the time the offenses were committed;
2. Suspension or revocation shall take effect within ten (10) days of the issuance of notice, unless an appeal is filed as provided by this chapter.
3. The fact that a conviction is being appealed shall have no effect on the revocation of the license.
4. When a license issued pursuant to this chapter is revoked, the revocation shall continue for one year from its effective date, and the licensee shall not be issued a sexually oriented business or employee license for one year from the date of such revocation.
(Ord. 2000-39, 7-18-2000)
A. Filing: If the license is denied or approved with qualifications, or if a notice of suspension or revocation is given, the applicant or licensee may file an appeal with the business license coordinator.
B. Time Limitation; Hearing Scheduled: Filing of an appeal must be within ten (10) days of the date of service of the notice of any denial, qualified approval, suspension or revocation. Upon receiving the notice of such appeal, the business license coordinator shall schedule a hearing before a designated hearing officer within twenty (20) days from the date of the appeal unless such time shall be extended for good cause.
C. Hearing: The hearing officer shall hold a hearing on the record, and take such facts and evidence as necessary to determine whether the denial, qualified approval, suspension or revocation was proper under the law.
D. Burden Of Proof: The burden of proof shall be on the city.
E. Recommended Decision: After the hearing, the hearing officer shall have seven (7) working days, unless extended for good cause, in which to render findings of fact, conclusions of law, and recommended decision to the mayor.
F. Objections: Either party may object to the recommendation of the hearing officer by filing the party's objection and reasons, in writing, to the mayor within seven (7) days following the recommendation. In the event the hearing officer recommends upholding a suspension or revocation, the license shall be immediately suspended, and shall remain suspended until any subsequent appeal is decided. If no objections are received within the seven (7) days, the mayor may immediately adopt the recommendation of the hearing officer.
G. Consideration: If objections are received, the mayor shall have ten (10) working days to consider such objections before issuing the mayor's final decision. The mayor may, in the mayor's discretion, take additional evidence or require written memorandum on issues of fact or law. The standard by which the mayor shall review the decision of the hearing officer is whether substantial evidence exists in the record to support the hearing officer's recommendation.
H. Judicial Review: An applicant aggrieved by the mayor's decision shall have judicial review of such decision pursuant to rule 65.B., Utah rules of civil procedure, or any other applicable ordinance, statute or rule providing for such review.
(Ord. 2000-39, 7-18-2000)
A. The provisions of this chapter shall be applicable to all persons and businesses described herein, whether the herein described activities were established before or after the effective date of the provisions codified in this chapter and regardless of whether such persons and businesses are currently licensed to do business in the city.
B. The following persons or businesses shall have the following periods of time to comply with the provisions of this chapter:
1. A tavern or private club licensed and operating as a cabaret on July 18, 2000, which is classified under the provisions of this chapter as an adult live entertainment business, shall have until January 2, 2001, to comply with the provisions of this chapter.
2. Any person licensed as a professional dancer on July 18, 2000, who is classified under the provisions of this ordinance as a sexually oriented business employee, shall have until January 2, 2001, to comply with the provisions of this chapter.
C. Compliance with location, site, or signage restrictions or requirements under the sexually oriented zoning ordinances shall be governed by the provisions of this title.
(Ord. 2000-39, 7-18-2000)