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Sexually-oriented businesses are classified as follows:
(A) Adult arcades;
(B) Adult bookstores, adult novelty shops or adult video stores;
(C) Adult cabarets;
(D) Adult motels;
(E) Adult motion picture theaters;
(F) Adult theaters;
(G) Adult vending machines;
(H) Escort agencies;
(I) Nude model studios; and
(J) Sexual encounter centers.
(Prior Code, § 8-3-3)
The provisions of this chapter shall apply to the activities of all persons and sexually-oriented businesses described herein, whether such business or activities were established or commenced before, on or after the effective date of this section; except that, the requirements that sexually-oriented businesses be separated from certain types of land uses shall not apply to businesses existing on the date of passage of this chapter. For purposes of this section, a use shall be considered existing or established if it is in existence as of 4-26-2001.
(Prior Code, § 8-3-27)
(A) It shall be unlawful for a person having a duty under this chapter to knowingly fail to fulfill that duty.
(B) A person who violates any provision of this chapter is guilty of a class one misdemeanor.
(C) In addition to prosecution for a criminal violation of this chapter, the operation of a sexually- oriented business without a valid license shall constitute a nuisance and the Town Attorney may file an action in a court of competent jurisdiction against a person or entity operating or causing to be operated such business for injunctive relief or to abate the nuisance arising out of violation of this chapter.
(Prior Code, § 8-3-28) Penalty, see § 113.99
LICENSING REQUIREMENTS; ADMINISTRATION
(A) It shall be unlawful for any person to operate a sexually-oriented business without first obtaining and maintaining a valid sexually-oriented business license issued pursuant to this chapter.
(B) It shall be unlawful for any person who operates a sexually-oriented business to employ a person to work and/or perform services on the premises of the sexually-oriented business, if such employee is not in possession of a valid sexually-oriented business employee license issued to such employee pursuant to this chapter.
(C) It shall be unlawful for any person to obtain employment with a sexually-oriented business if such person is not in possession of a valid sexually-oriented business employee license issued to such person pursuant to this chapter.
(D) It shall be unlawful for any person, association, firm or corporation licensed as provided in this chapter to operate under any name or conduct business under any designation not specified in such license.
(E) All licenses issued pursuant to this chapter shall be non-transferable except as provided in this chapter.
(F) The license required by this section shall be in addition to any other licenses or permits required in order to engage in the business or occupation, as applicable, by either the town, the county or the state and persons engaging in activities described by this chapter shall comply with all other ordinances and laws, including the town’s zoning ordinance, as may be required to engage in a business or profession.
(G) It shall be a defense to divisions (B) and (C) above if the employment is of limited duration and for the sole purpose of repair and/or maintenance of machinery, equipment or the premises.
(Prior Code, § 8-3-4) Penalty, see § 113.99
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