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§ 173.011 NOTICE.
   Any notice required under this chapter shall, unless otherwise provided in this chapter, be accomplished by posting upon the subject premises and sending a written notification by certified mail to the mailing address set forth on the application for the license or a permit. This mailing address shall be considered the correct mailing address unless the City Manager or his or her designee has been otherwise notified in writing.
(Ord. 2007-29, passed 4-30-07)
§ 173.012 LICENSE REQUIRED.
   (A)   Requirement. It is unlawful for any person to operate or to be an operator of or worker at a sexually-oriented business or an adult entertainment establishment which has not first obtained a license which is applicable for said establishment or business pursuant to this chapter; or to continue to operate or be an operator of or worker at a sexually-oriented business or an adult entertainment establishment where that person knows or has reason to know that the license of the establishment or business is under suspension, has been revoked or has lapsed. The operation of a sexually-oriented business or an adult entertainment establishment without a valid license, where applicable, is unlawful and shall be grounds for the closing of the establishment or business upon a finding of fact by a court or other body with proper jurisdiction that the establishment does not have a valid license.
   (B)   Licensing office. Unless the City Manager designates in writing an office to administer the provisions of this chapter, he or she shall serve as the licensing office. The City Manager may modify his or her designation from time to time in writing. When the phrase "City Manager or his or her designee" is used in this chapter, the designee referred to shall be the office designated in writing pursuant to this division.
   (C)   Classifications. Adult entertainment establishment and sexually-oriented business licenses referred to in this chapter shall be classified as follows:
      (1)   Adult bookstore/adult video store;
      (2)   Adult performance establishment;
      (3)   Adult motel;
      (4)   Adult theater;
      (5)   Commercial bodily contact establishment; or
      (6)   Escort service.
   (D)   Single license/single classification of license. Only one (1) license may be issued for a location and only under a single classification.
(Ord. 2007-29, passed 4-30-07) Penalty, see § 173.999
§ 173.013 LOCATION GENERALLY.
   Locations of all sexually-oriented businesses and adult entertainment establishments within the city shall comply with the provisions of this chapter, and all sexually-oriented businesses and adult entertainment establishments shall be subject to the restrictions enumerated in this Code.
(Ord. 2007-29, passed 4-30-07)
§ 173.014 RESPONSIBILITIES OF OTHER OFFICES AND DEPARTMENTS.
   The City Council is the legislative branch of the City of Palm Bay government. Ultimate responsibility for the administration of this chapter is vested in the City Manager or his or her designee as set forth in this chapter. Other departments having responsibility under this chapter are as follows:
   (A)   The Finance Department is responsible for granting, denying, revoking, renewing, suspending and canceling business tax receipts in accordance with state law.
   (B)   The Police Chief is responsible for verifying information contained on applications for inspecting proposed or existing adult entertainment establishments and sexually-oriented businesses in order to ascertain compliance with applicable criminal statutes and ordinances including, but not limited to, those set forth in this chapter, for determining whether license applicants have been convicted of a felony or a specified criminal act within the previous five (5) years and for enforcing applicable criminal statutes and ordinances including, but not limited to, those set forth in this chapter. The Police Chief is responsible for keeping all information processed by each application and his or her department will serve as a document repository for inspection of any information by any applicant.
   (C)   The Building Official is responsible for inspecting establishments in order to ascertain compliance with all applicable building codes, statutes, ordinances and regulations.
   (D)   The Fire Chief is responsible for inspecting establishments and businesses in order to ascertain compliance with all applicable fire codes, statutes, ordinances and regulations.
   (E)   The Growth Management Department is responsible for ascertaining whether the location of proposed sexually-oriented businesses or adult entertainment establishments comply with all separation, distance, zoning and location requirements of the Land Development Regulations of the City of Palm Bay and whether compliance with all applicable zoning regulations and land use laws is maintained.
(Ord. 2007-29, passed 4-30-07)
§ 173.015 LICENSE APPLICATION AND APPLICATION FEE.
   Any person desiring to engage in the business of operating an adult entertainment establishment or a sexually-oriented business shall file with the City Manager or his or her designee a sworn application on forms supplied by the city. The application shall contain the information and documents as provided in this chapter and shall be accompanied by an application fee as established in this chapter. The application shall be signed by the applicant and verified by the applicant before an officer authorized to take oaths and acknowledgments.
(Ord. 2007-29, passed 4-30-07)
§ 173.016 ADVERTISING.
   (A)   Advertisements, displays or other promotional materials for any adult entertainment establishments, except as authorized and described within this section, shall not be shown or exhibited so as to be visible to the public from any street, sidewalk or other public place.
   (B)   This shall not prohibit the use of a sign displaying the name of the business on the business premises as regulated by this section.
   (C)   Except as provided in this section, such signs shall be subject to any sign ordinance currently existing in the city.
   (D)   A sign shall not contain any flashing lights, photographs, silhouettes, drawings or pictorial representations of any type or manner and shall be limited in content as follows:
      (1)   The name of the establishment;
      (2)   One (1) or more of the following applicable phrases:
         (a)   "Adult Bookstore."
         (b)   "Adult Theater."
         (c)   "Adult Dancing Establishment."
         (d)   "Adult Motel."
         (e)   "Adult Entertainment."
         (f)   "Movie Titles Posted Within Premises."
         (g)   Food or drink specials, show times, welcome notices, and names of entertainers;
      (3)   No sign shall include the words "nude," "nudity," "naked," "topless," "go-go" or "dancers," or words including slang substitutes or materials depicting, describing or relating to "specified anatomical areas of the human body" or "specified sexual activities" as defined in this chapter;
      (4)   Each letter forming a word on a sign shall be of a solid color, and each such letter shall be the same print type, size and color. The background behind such lettering on the display surface shall be of a uniform solid color; and
      (5)   Any changeable copy sign or portable or temporary advertisement for an adult entertainment establishment shall be brought into immediate compliance with the restrictions of this section.
(Ord. 2007-29, passed 4-30-07) Penalty, see § 173.999
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