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Distance between any two adult businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior wall of each business. Distance between any adult business and any religious institution, school, public building, public park, recreation area, youth organization, residential zone or property used for residential purposes shall be measured in a straight line, without regard to intervening structures, from the closest exterior wall of the business to the nearest property line of the religious institution, school, public building, public park, recreation area, youth organization, residential zone or property used for residential purposes.
(`64 Code, Sec. 34-203) (Ord. No. 2313)
(A) Any adult business lawfully operating on the effective date of this article [September 23, 1993] in a location in which section 16-337 does not allow an adult business to be established shall be deemed a nonconforming use and may continue to operate in such location for a period of 14 months, provided an adult business permit is issued for the business as provided in sections 16-340 through 16-342. The planning commission may grant one or more than one year extensions of such period on a convincing showing by the permittee of extreme financial hardship, which is defined as the inability of a reasonably prudent operator of the business to recover a reasonable financial investment in the business within the time allowed. “Reasonable financial investment” refers to investment as of August 10, 1993, including any written lease entered into by the permittee before such date and extending more than one year from such date.
(B) A nonconforming use may not increase the floor area occupied by the adult business on the effective date of this article. A nonconforming use shall terminate if voluntarily discontinued for 30 or more consecutive days. However, a nonconforming use may be changed to a conforming use.
(C) An adult business lawfully operating on the effective date of this article in a location in which section 16-337 allows an adult business to be established is not rendered nonconforming by the location, subsequent to the grant or renewal of an adult business permit, of a religious institution, school, public building, public park, recreation area, youth organization, residential zone or property used for residential purposes, within 1,000 feet of the adult business. This provision applies only to the renewal of a valid adult business permit and does not apply when an application for a permit is submitted after a permit has expired or been revoked.
(D) If two or more adult businesses are lawfully operating on the effective date of this article in locations in which section 16-337 allows adult businesses to be established and are within 750 feet of one another, the adult business that was first established and has been in continuous operation at the particular location is the conforming use and the later established business is nonconforming.
(E) All adult businesses operating on the effective date of this article shall apply for an adult business permit as provided in section 16-340 within 30 days of such effective date. No such adult business shall continue to operate if the permit is denied.
(F) All adult businesses (except adult motels) operating on the effective date of this article and exhibiting on the premises in a viewing room of less than 150 square feet of floor space, a film, video cassette or other video reproduction that depicts specified sexual activities or specified anatomical areas, shall comply with the provisions of section 16-349 in order to be eligible for issuance of an adult business permit.
(`64 Code, Sec. 34-204) (Ord. No. 2313)
(A) No adult business shall operate without a valid adult business permit issued by the city for a particular type of adult business at a particular location.
(B) The city manager shall grant, deny, renew, suspend, revoke and transfer permits for proposed or existing adult businesses in accordance with this article.
(C) The application for a permit must be made on a form provided by the city manager. An original and two copies of the completed and sworn application form must be filed with the city manager. If the applicant is an individual, he or she must sign the application. If the applicant is other than an individual, an officer of the business entity or an individual who has a ten percent or greater interest in the business entity must sign the application.
(D) The completed application shall contain the following information and be accompanied by the following documents:
(1) If the applicant is:
(a) An individual, the individual shall state his or her legal name and any aliases and submit satisfactory written proof that he or she is at least 18 years of age;
(b) A partnership, the partnership shall state its complete name, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any; or
(c) A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the State, the names and capacity of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service of process.
(2) If the applicant intends to operate the adult business under a name other than that of the applicant, the applicant must state the fictitious name of the adult business and show proof of registration of the fictitious name;
(3) A description of the type of adult business for which the permit is applied and the proposed address where the adult business will operate;
(4) The address to which notice of action on the application is to be mailed;
(5) The names of all employees required by section 16-347 to obtain an adult business employee license;
(6) A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
(7) A certificate and straight-line drawing prepared within 30 days prior to application by a State registered land surveyor, depicting the building and the portion thereof to be occupied by the adult business, and:
(a) Any structures containing existing adult businesses within 1,000 feet of the closest exterior wall of the building in which will be located the adult business for which a permit is applied;
(b) The property lines of any religious institution, school, public park, recreation area or youth organization within 1,000 feet of the closest exterior wall of such building; and
(c) The property lines of any residential zones or property used for residential purposes within 1,000 feet of the closest exterior wall of such building.
(8) A diagram of the off-street parking areas and premises entries of the adult business, showing the location of the lighting system required by section 16-352; and
(9) If the adult business is to exhibit on the premises in a viewing room of less than 150 square feet of floor space films, video cassettes, or other video reproductions that depict specified sexual activities or specified anatomical areas, the applicant shall comply with the requirements stated in section 16-349.
(E) The completed application shall be accompanied by a nonrefundable application fee and an annual permit fee. The permit fee shall be refunded if the application is denied. The amount of such fees shall be set by resolution of the city council.
(F) Applicants shall promptly supplement the application if the information therein, including the names of employees required by section 16-347 to obtain an adult business employee license, changes in any way. Failure to supplement the application within 30 days from the date of such change shall be grounds for suspending the permit.
(G) If the city manager determines that the applicant has completed the application improperly, the city manager shall promptly notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of not more than ten days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten days, of the time for the city manager to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.
(H) The fact that an applicant possesses other types of State or city permits or licenses (including but not limited to a business license, a special use permit, a massage permit, an arcade permit or a dance permit) does not exempt the applicant from the requirement of obtaining an adult business permit.
(`64 Code, Sec. 34-205) (Ord. No. 2313)
(A) Upon receipt of an application and payment of the application and permit fees, the city manager shall immediately stamp the application as received and promptly investigate the information contained in the application to determine whether the adult business is entitled to a permit.
(B) Within 30 days of receipt of the application, the city manager shall complete the investigation, grant or deny the application, and mail a copy thereof to the applicant, as follows:
(1) The city manager shall write or stamp “Granted” or “Denied” on the application and date and sign such notation.
(2) If the application is denied, the city manager shall attach to the application a statement of the reasons for denial and refund the annual permit fee.
(3) If the application is granted, the city manager shall attach to the application an adult business permit.
(4) The application as granted or denied and the permit, if any, shall be placed in the United States mail, first class postage prepaid, addressed to the applicant at the address stated in the application.
(`64 Code, Sec. 34-206) (Ord. No. 2313)
(A) The city manager shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in subsection (C) of this section. The permittee shall post the permit conspicuously in the adult business premises.
(B) If the city manager grants the application or if the city manager neither grants nor denies the application within 30 days after it is stamped as received (except as provided in section 16-340), the applicant may begin operating the adult business for which the permit was sought.
(C) The city manager shall deny the application for any of the following reasons:
(1) If an individual, the applicant is under 18 years of age;
(2) The applicant has failed to provide information required by the permit application or has provided false information in the application;
(3) The application and annual permit fees have not been paid;
(4) The applicant is in violation of, or is not in compliance with, any of the provisions of this article, including but not limited to the locational requirements for an adult business set out in section 16-337. However, such locational requirements shall not apply to a nonconforming use described in section 16-339 during the period in which section 16-339 allows the nonconforming use to continue to operate in the location in which it was operating on the effective date of this article [September 23, 1993];
(5) The granting of the application would violate a statute, ordinance, or court order; or
(6) An applicant knowingly has employed to work in the adult business for which the permit is sought a person who does not have an adult business employee license, as required by section 16-347 of this article.
(D) If a person applies for a permit or renewal of a permit for a particular location within one year from the date of denial of a previous application for a permit or renewal of a permit at the same location, and there has not been a change in circumstances that could reasonably be expected to lead to a different decision regarding the reasons for the previous denial, the city manager shall deny the application.
(`64 Code, Sec. 34-207) (Ord. No. 2313)
(A) Each permit shall expire one year from the date of issuance and may be renewed only by making application as provided in section 16-340, accompanied by the annual permit fee and a copy of the permit to be renewed. The application fee and the certificate and drawing referred to in section 16-340 shall not be required. Application for renewal shall be made at least 30 days but not more than 60 days, before the expiration date of the permit. When made less than 30 days before the expiration date, the expiration of the permit will not be stayed.
(`64 Code, Sec. 34-208) (Ord. No. 2313)
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