(A) Purpose. In order to effectively exercise those regulatory powers established by the Town Council, it is necessary to appoint a person to serve as an enforcement officer. Moreover, in order to administer the regulatory powers established by the Town Council, the enforcement officer will require clerical assistance.
(B) Enforcement officer. The enforcement officer shall be appointed by the Town Council. The enforcement officer shall be vested with all of those powers necessary to enforce the Adult Entertainment Ordinance.
(1) Duties. The enforcement officer shall investigate ah applications submitted by owners, operators and entertainers. The officer shall report his or her findings to the AEC, the Town Council.
(2) Enforcement powers. The enforcement officer shall be a sworn member of the Town of Sellersburg Police Department and shall have all of those lawful powers of arrest. The officer shall be in charge of ensuring that all owners, operators and entertainers are duly licensed and possess those licenses upon their person and/or premises at all times.
(3) Compensation. The enforcement officer’s salary, benefits and other expenses shall be paid exclusively from those funds collected as applications fees and licensing fees pursuant to this chapter. If the funds are not available, no staff position can be created. The enforcement officer shall not be hired until application has been made by an owner, operator or entertainer. It is within the discretion of the Town Council or the AEC to request that the Police Department assist in investigation of applicants until adequate funds have been collected to pay for this administrative and regulatory expense. It is within the discretion of the Town Council upon request of the AEC or enforcement officer, to provide funding for staff to assist the enforcement officer in the administration and regrlation of this chapter.
(4) Temporary services. It is within the discretion of the Town Council or the AEC to sub-contract with persons to conduct the preliminary investigation of applicants. This provision shall be only invoked in the instance that there is not an adequate amount of funds available from the application fees.
(C) Prior approval. The AEC or the Town Council shall receive proposals from those persons desiring to conduct this service. The proposals shall include a statement of the full cost of the service as well as a statement of what services shall be performed. No contract shall be granted to any person without first being approved by the Town Council.
(Ord. 2011-003, passed 2-14-11)