(A) Conditional use permits for all businesses conducting amusement, entertainment or burlesque activities, as defined in § 155.003, dance halls or pavilions, or nightclubs, shall require approval by the City Council, after consideration by the Planning Commission. In the event of approval by the Planning Commission, the application will go before the City Council in compliance with the timing and procedural requirements of the appeal process which applies if invoked by the applicant. The decision of the City Council shall be final.
('64 Code, § 72.13) (Am. Ord. 801, passed 10-3-91)
(B) Not withstanding any other provisions of this code, adult businesses, as defined in § 125.02 shall not be required to obtain a conditional use permit pursuant to this section. Such businesses shall proceed under the licensing requirements of Chapter 125.
(C) Any person seeking a conditional use permit pursuant to division (A) of this section shall, as part of his application, provide the following information:
(1) The name and address of the applicant.
(2) The name and address of the owner of the premises where such business is to be conducted.
(3) If the proposed permittee is a corporation, the names and addresses of the principal corporate officers and the date and state of incorporation.
(4) A description of the type or nature of the business or commercial enterprise to be conducted at or upon the premises.
(5) A statement of what foods and alcoholic beverages will be sold or distributed on the premises.
(6) The days and hours during which such business is to be conducted.
(7) A statement as to whether the conduct or performance of amusement or entertainment is to be restricted to a stage, platform or other fixed location upon the premises, together with an accompanying sketch of the premises clearly designating the entertainment or amusement area.
(8) A statement of the type of entertainment or amusement proposed to be conducted, and the number of performers or entertainers to be engaged in such activity.
(9) A statement as to whether any such entertainers or performers are to be employed by the applicant in any other capacity in or upon the premises, with full details and identifications.
(10) A description of the clothing or costuming to be worn, particularly specifying in detail the costuming of any nude, seminude or revealingly dressed performers.
(11) A statement as to whether minors will be permitted upon the premises during such entertainment.
(12) Such other data as the City Manager may reasonably require in the interest of public health, safety or welfare.
(13) A statement certifying, on penalty of perjury, the correctness of the information given on the application and agreeing on behalf of the proposed permittee that there shall be full compliance of the permittee with all state and city laws in the conduct of the activities for which a permit may be granted.
('64 Code, § 72.14)
(D) Any person obtaining a conditional use permit pursuant to division (A) shall, within 10 days after the occurrence, notify the City Manager in writing of any changes in the information submitted to the City Manager in the last application for permit filed with him and not previously reported to him.
('64 Code, § 72.15)
(E) The city shall conduct a background investigation of any person seeking a conditional use permit pursuant to division (A), to determine whether such person, in his personal conduct or in the conduct of businesses at the subject premises or other locations, has demonstrated an unwillingness or inability to comply with applicable laws or regulations.
('64 Code, § 72.16)
(F) In addition to any other grounds for denial of an application for a conditional use permit contained in this subchapter or in other applicable law, the Planning Commission and City Council shall deny an application made pursuant to division (A) if it is found that, based on the investigation conducted pursuant to division (E), there is substantial doubt regarding the applicant's likelihood of complying with such conditions as may be imposed in a conditional use permit.
('64 Code, § 72.17)
(Ord. 793, passed 5-23-91; Am. Ord. 979, passed 12-14-06; Am. Ord. 978, passed 1-11-07)