(A) Establishment. An adult entertainment licensing board is hereby created and designated the “City of Spring Hill Adult Entertainment Licensing Board” (herein “Board”).
(B) Membership; terms.
(1) The Board shall consist of nine members, who shall be the then duly-elected Mayor and Aldermen of the city, and who shall serve as ex-officio members of such Board and shall continue to be eligible so long as they serve on the Board of Mayor and Aldermen of the city.
(2) Any vacancy other than the expiration of terms shall be filled for the un-expired term by the Board of Mayor and Aldermen.
(C) Meetings; quorum required; minutes and transcript.
(1) The Board shall hold one regular meeting each quarter at a time fixed by the Board and may hold such special meetings as may be necessary.
(2) The attendance of at least a majority of the members of the Board, not including unfilled positions, shall be required to constitute quorum for the purpose of transacting business.
(3) Minutes shall be kept of the meetings in permanent form and a record shall be kept of the action of the Board with respect to every application for a license and/or a permit. The concurring vote of a majority of the members present and voting shall be necessary for the granting, revoking, suspending or any other action involving licenses or permits.
(4) No transcript of the proceedings had before the Board shall be in any form other than narrative, unless the Board shall have been requested to provide for an exact copy of the testimony by an interested party at least 24 hours prior to a Board meeting. The cost of an exact copy shall be borne by the person requesting the same.
(D) Powers and duties.
(1) The Board shall have jurisdiction over the licensing, regulating and controlling of all adult entertainment establishments, as provided herein, located in the city.
(2) The Board may promulgate such bylaws, rules and regulations not inconsistent with state law, the city’s charter or any ordinance, as it deems appropriate for the conducting of its business.
(3) The Board has the authority to subpoena witnesses to testify before the Board.
(E) Inspectors; authority. The Board is empowered to employ suitable person(s) as inspectors, which inspectors shall not hold any service status. The Board shall prescribe the duties of such inspectors so as to enforce the applicable provisions of this title.
(F) Procedures for hearings. This section shall apply to all hearings by the Board including, but not limited to, hearings for revocation suspension or denial of a license/permit.
(1) Upon receiving written request for a hearing, the Board shall send the party requesting the hearing a notice stating the time and place of the hearing and the right to be represented by counsel.
(2) At the hearing, the party requesting the hearing shall appear on his or her own behalf or be represented by counsel. All witnesses shall be sworn. The Chair shall allow the party requesting the hearing to present witnesses on his or her own behalf and to cross-examine all witnesses testifying against him or her.
(3) All decisions of the Board shall be in writing, setting forth the findings of the Board, and shall be signed by the Chair or Vice-Chair. Any decisions of the Board to deny a renewal, suspend or revoke a license/permit shall not take effect earlier than ten days after the date the decision was rendered to allow the effected party adequate time to seek judicial review.
(4) Minutes shall be kept of all proceedings before the Board in permanent form and a record shall be kept of all actions of the Board with respect to all hearings.
(5) A record (which may consist of a tape or similar electronic recording) shall be made of all oral proceedings. The record must be maintained by the Board for a period of 90 days. Such record or any art thereof shall be transcribed at the request of any party at such party’s expense.
(6) Any party desiring a court reporter to be present at the hearing must arrange for the court reporter to be present.
(2011 Code, § 9-601)