A. General. The provisions of this chapter shall apply to all adult-entertainment businesses, and all owners or operators thereof, and all adult performers and figure models, whether such business or activity was in operation before or after the effective date of this chapter; provided, however, that all such businesses, and all owners or operators thereof, and persons shall have one hundred eighty (180) days from the effective date of this chapter to comply with the provisions of this chapter and adult performers and figure models shall have sixty (60) days from the effective date of this chapter to comply with provisions of this chapter. Any person who has filed a timely application for a permit within said time limit shall not be subject to the provisions of this chapter relating to possession or display of a permit until a permit is issued or denied.
Exception. Temporary exemption from permit requirements for lawfully existing adult-entertainment businesses with adult-related establishment permit: The owner(s) and operator(s) of lawfully existing adult-entertainment businesses providing live entertainment depicting or displaying specified anatomical areas or involving specified sexual activities that were lawfully established on the effective date of this chapter shall not be required to obtain an adult-entertainment business permit pursuant to Section 5.06.030 of this chapter within one hundred eighty (180) days, if the owner(s) and operator(s) have an adult-related establishment permit for the facility pursuant to Chapter 5.04 as it existed prior to the effective date of this chapter; and provided further that the owner(s) and operator(s) shall obtain a permit pursuant to this chapter prior to the date on which the adult-related establishment permit expires or would have expired.
B. Variance from Separate Entrance/Exit Requirements. The chief of police may authorize a variance from the separate entrance/exit requirements of Section 5.06.270(B) for an adult-entertainment business lawfully existing on the effective date of this chapter if the chief finds that the alternative method of separation and/or entrance and exit provides adequate safety for adult performers entering or exiting the premises. The chief of police shall make a decision on the variance within thirty (30) days after the owner or operator of the business submits a written request for variance describing in detail the variance requested.
C. Failure to Obtain Permits-Violation of Chapter. Failure to apply for and obtain a permit within the time period specified in Subsection A and thereafter continuing to operate an adult-entertainment business for which a permit is required pursuant to Section 5.06.030 without a permit shall constitute a violation of this chapter. (Ord. 2001-040 § 2)