Loading...
Each license shall expire one year from the date of issuance and may be renewed only by making an application as provided in Section 785.04. Applications for renewal should be made at least thirty days before the expiration date, and when made less than thirty days before the expiration date, the expiration of the license will not be affected. It is the responsibility of the permit holder to apply for renewal.
(Ord. 6-2001. Passed 4-12-01.)
The Village of Perry shall suspend a license for a period not to exceed thirty days if it is determined that a licensee or an employee of a licensee has:
(a) Violated or is not in compliance with this chapter;
(b) Engaged in excessive use of alcoholic beverages while on the adult entertainment establishment premises;
(c) Refused to allow an inspection of the adult entertainment establishment premises as authorized by this Chapter;
(d) Knowingly permitted gambling by any person on the adult entertainment establishment premises;
(e) Demonstrated an inability to operate or manage an adult entertainment establishment in a peaceful and law-abiding manner, this necessitating action by law enforcement officers; or,
(f) Violated any Village of Perry, State or Federal law.
(Ord. 6-2001. Passed 4-12-01.)
(a) The Village of Perry shall revoke a license if a cause of suspension, as set forth in Section 785.09, occurs and the license has been suspended within the preceding twelve months.
(b) The Village of Perry shall revoke a license if it is determined that:
(1) A licensee gave false or misleading information in the material submitted during the application process;
(2) A licensee or an employee has knowingly allowed the possession, use or sale of controlled substances on the premises;
(3) A licensee or an employee has knowingly allowed prostitution on the premises;
(4) A licensee or an employee knowingly operated the adult entertainment establishment during a period of time when the licenseelicense was suspended;
(6) On two or more occasions within a twelve-month period, a person or persons, in or on the licensed premises, committed a crime listed in Section 785.05(a)(8)A. for which a conviction has been obtained, and the person or persons were employees of the adult entertainment establishment at the time the crime was committed;
(7) A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in or on the licensed premises;
(8) A licensee is delinquent in payment to the Village of Perry or hotel occupancy taxes, income taxes or any other taxes or assessments which the Village of Perry imposes, or sales taxes related to the adult entertainment establishment; or
(9) A licensee or an employee has failed to comply with provisions of Section 785.07(b)
(c) The fact that a conviction is being appealed shall have no effect on the revocation of the license.
(d) Paragraph (b) (7) hereof does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in a public place or within public view.
(e) When the Village of Perry revokes a license, the revocation shall continue for one year and the licensee shall not be issued an adult entertainment establishment license for one year from the date the revocation became effective. If, subsequent to revocation, the Village of Perry finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety days have elapsed since the date the revocation became effective. If the license was revoked under paragraph (b) (5) hereof, an applicant may not be granted another license until the appropriate number of years required under Section 785.05 (a) (8)(B) has elapsed.
(Ord. 6-2001. Passed 4-12-01.)
(a) If the Planning Commission denies the issuance of a license, it shall send to the applicant or licensee, by certified mail, return receipt requested, written notification of the denial.
(b) If the Planning Commission denies the issuance of a license based upon a provision of Section 785.13(a), the applicant or licensee whose application has been denied shall have the right to appeal to the Board of Zoning Appeals. An appeal accompanied by an application fee must be filed within thirty (30) days after receipt of the notice of denial. The Secretary of the Board of Zoning Appeals will place the appellantrequest on the Boardagenda for the next available meeting date.
(c) The Board of Zoning Appeals may waive the 1,000-foot separation regulation if all of the following findings are made:
(1) The proposed use will not be contrary to the public interest or injurious to nearby properties, and the spirit and intent of this chapter will be observed;
(2) The proposed use will not enlarge or encourage the development of a rowarea;
(3) The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any program of urban renewal; and,
(4) All applicable regulations of this chapter have been observed.
(d) Prior to granting such regulated use, the Board shall give due notice of receipt of any application under such consideration (notice of application) to all persons to whom any real property within 1,000 feet of the premises in question shall be assessed; to the occupants of all single, two, three and four-family buildings; to the managers of all multi-unit buildings over four families (who shall be requested to post such notice in an appropriate location within the multi-unit building); to all places within 1,000 feet; and to any neighborhood improvement organization known to exist in the area which has informed the Board in writing of its existence. Such notice shall be delivered by mail addressed to the respective owners. If the tenantname is not known, the term may be used.
(e) The Board, upon consideration of the public response and the factors listed in subsection (c) hereof, may recommend the granting of such license and shall refer the matter to Council.
(f) Upon consideration of such matter and the standards set forth in this chapter, Council may order the granting of such license by the affirmative vote of not less than a majority of its members, whereupon the Building Inspector shall issue a license in accordance with such order. In considering such appeal and such recommendation, the Board and Council may require additional data from the applicant reasonably related to the factors to be considered in taking action thereon. In cases where the recommendation of the Board is unfavorable to grant the appeal, no approval shall be given or order for permit issued except upon the vote of five members of Council.
(Ord. 6-2001. Passed 4-12-01.)
(a) A person commits an offense if he or she operates, or causes to be operated, an adult entertainment establishment within 1,000 feet of:
(1) A church;
(2) A public or private elementary or secondary school;
(3) A boundary of a residential, multi-family or historical district, as defined in these Codified Ordinances;
(4) A public park; or
(5) The property line of a lot devoted to a residential or multi-family use, as defined in these Codified Ordinances.
(b) A person commits an offense if he or she causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of an adult entertainment establishment within 1,000 feet of another adult entertainment establishment. A person commits an offense if he or she causes or permits the operation, establishment or maintenance of more than one adult entertainment establishment in the same building, structure or portion thereof, or if he or she causes or permits the increase of floor area of any adult entertainment establishment in any building, structure or portion thereof containing another adult entertainment establishment.
(c) For the purpose of subsection (a) hereof, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an adult entertainment establishment is conducted to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district or residential lot.
(d) For purposes of subsection (b) hereof, the distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures or objects, from the closes exterior wall of the structure in which each business is located.
(e) Any adult entertainment establishment lawfully operating in the Village of Perry that is in violation of subsection (a), (b) or (c) hereof, shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed five years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered, except that the use may be changed to a conforming use. If two or more adult entertainment establishments are within 1,000 feet of one another and are otherwise in a permissible location, the adult entertainment establishment which was first established and continually operating at a particular location is the conforming use and the later established businesses are nonconforming.
(f) An adult entertainment establishment lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the adult entertainment establishment license, of a church, public or private elementary or secondary school, public park, residential district or residential lot within 1,000 feet of the adult entertainment establishment. This provision applies only to the renewal of a valid license and does not apply when an application for a license is submitted after a license has expired or has been revoked.
(Ord. 6-2001. Passed 4-12-01.)
Loading...