(A) It shall be unlawful for any person to operate any adult entertainment facility or adult business in the city without having first obtained the proper license therefor from the City Council. No license shall be issued until the applicant shall have complied with the requirements of the zoning chapter, the provisions of this chapter, and other applicable provisions of this code.
(B) The City Council shall, by resolution, establish the annual fee for a license for the operation of an adult entertainment facility or business.
(C) The City Council shall refuse to issue a license for the operation of any adult facility or adult business regulated by this chapter upon proof submitted to it of:
(1) The applicant’s loss or revocation of a state issued license for the operation of a business regulated by the State Liquor Control Commission or for the operation of any adult entertainment or adult business facility within the two years preceding the submission of the application for a license pursuant to this chapter; and/or
(2) The applicant’s, an applicant’s agent, or employee’s conviction of any misdemeanor involving moral turpitude within the two years preceding the submission of the application for a license or of any felony involving moral turpitude within the six years preceding the submission of the application for a license pursuant to this chapter.
(D) The City Council shall revoke or suspend a license issued pursuant to this chapter, after a hearing, at which it is determined that:
(1) The licensee or an officer, agent, or employee of the licensee who is permitted or charged by the licensee to operate the adult facility or adult business licensed pursuant to this chapter has been convicted of a crime involving moral turpitude or has violated a regulation that results in the revocation or suspension of a state issued license or permit relating to the operation of the facility or business licensed pursuant to this chapter; or
(2) The licensee or an officer, agent, or employee of the licensee who is permitted or charged by the licensee to operate the adult facility or adult business licensed pursuant to this chapter has violated an ordinance, rule, or regulation of the city that regulates, controls, or in any way relates to the establishment, use, or operation of the adult facility or adult business licensed pursuant to this chapter.
(E) Upon application and before any license required by this chapter shall be issued, it shall be the duty of the Building Department or of a department or individual appointed by Council to cause an inspection of the proposed premises of any adult entertainment facility or adult business. Upon determination of full compliance with all applicable laws, rules, and regulations, including the following particular requirements, such department shall certify the application to the City Council.
(1) Plumbing. All plumbing in adult entertainment facilities and adult businesses shall meet the minimum requirements of the Plumbing Code of the county. All rooms housing sanitary facilities shall be equipped with sanitary towels of a type acceptable to the County Department of Health. Sanitary drinking fountains shall not be located in the toilet room.
(2) Ventilation. Proper ventilation, either natural or mechanical, shall be provided so that each person in the premises will be supplied with 1,200 cubic feet of air per hour.
(3) Fire protection, lighting, and building safety. The premises of the licensed establishment shall meet state fire protection requirements and shall furnish lighting sufficient to provide one foot candlepower at tabletop level. Such lighting may be reduced to accommodate acts of entertainment while such acts are in progress, but must be raised to the required level at all other times the establishments are in use as heretofore defined.
(4) Compliance with Building Code. The premises shall comply with the County Building Code.
(5) Zoning compliance. The applicant shall comply with all applicable provisions of the zoning chapter and shall obtain all required approvals from the Building Inspector, the city’s Zoning Administrator, Planning Commission, Zoning Board of Appeals, and other applicable inspectors and officials regarding the premises and the facility or business to be established within them.
(Ord. 89, passed 10-14-2003) Penalty, see § 111.99