Section
1286.01 Purpose
1286.02 Definitions
1286.03 Establishment and classification of regulated businesses
1286.04 Nonconforming uses
1286.05 Permit required
1286.06 Application investigation process
1286.07 Issuance of a permit
1286.08 Annual permit fee
1286.09 Expiration of permit
1286.10 Suspension of permit
1286.11 Revocation of permit
1286.12 Judicial review of permit denial, suspension or revocation
1286.13 Transfer of permit
1286.14 Teen club business employee license
1286.15 Hours of operation
1286.16 Admission
1286.17 Additional operating conditions
The purpose of this chapter is to regulate teen clubs through the application of uniform zoning and licensing requirements to promote the health, safety, morals and general welfare of the patrons of such clubs and of all citizens of the city, and to establish reasonable and uniform regulations for the operation of teen clubs because of their nature as permitted uses in areas of the city that are also zoned for uses deemed by the Council to be incompatible with teen use, including, but not limited to, sexually oriented businesses and liquor establishments. It is not the intent of this chapter to limit or restrict the operation of any club geared toward a teen clientele as their intended market, but to provide a safe and reasonable manner in which to operate such clubs.
(Ord. 2002-134, passed 12-3-02)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMPLOYEE. Any person who works in and/or for a teen club business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business and whether or not the person is determined an employee, independent contractor, agent or otherwise. The term EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the remises.
PERMITTEE AND/OR LICENSEE. Any person in whose name a permit and/or license to operate a teen club business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
TEEN CLUB. All buildings and places of assembly where the intended occupancy is either overwhelmingly or exclusively minors between 13 and 21 years of age unaccompanied by an adult parent or guardian, but not including similar events operated by a non-profit organization. TEEN CLUB shall include, but not be limited to, teen nightclubs, teen dance clubs or teen entertainment establishments.
(Ord. 2002-134, passed 12-3-02)
(A) Any teen club lawfully operating at the time of the enactment of this chapter that is in violation of § 1286.03 shall be deemed a non-conforming use. A non-conforming use may continue for three months as long as a proper permit application has been filed within 30 days of the effective date of this chapter, and may be extended by the Safety Service Director upon a showing of extreme financial hardship, unless voluntarily discontinued for a period of 30 days or more. Such non-conforming uses may not be increased, enlarged, extended or altered unless to a conforming use.
(B) Any establishment subject to the provisions of this chapter shall apply for a permit as provided under § 1286.05 within 30 days of the effective date of this chapter.
(Ord. 2002-134, passed 12-3-02)
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