(a) Employee, Employ, and Employment describe and pertain to any person who performs any service on the premises of a sexually oriented business on a full-time, part-time, or contract basis, regardless of whether the person is denominated as a employee, independent contractor, agent, or by another status. Employee does not include a person exclusively on the premises for repair or maintenance of the premises, or for the delivery of goods to the premises.
(b) Enforcement Officer shall mean the Director of the Planning Department or such person as may be designated by the City Council.
(c) Establish or Establishment means and includes any of the following:
(1) The opening or commencement of any sexually oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) The addition of any sexually oriented business to any other sexually oriented business; or
(4) The relocation of any sexually oriented business.
(d) Licensee means a person whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.
(e) Operate or Cause to be Operated means to cause to function or to put or keep in a state of doing business. Operator means any person on the premises of a sexually oriented business who is authorized to exercise operational control of the business, or who causes to function or who puts or keeps in operation, the business. A person may be found to be operating or causing to operate a sexually oriented business regardless of whether that person is an owner, part owner, or licensee of the business.
(f) Specified Criminal Activity means any of the following offenses:
(1) Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution, or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity relating to a sexually oriented business; sexual assault; molestation of a child; distribution of a controlled substance; or any similar offense to those described above under the criminal or penal code of other states or countries;
(2) For which:
A. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
B. Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
C. Less than five years have elapsed since the date of the last conviction nor the date or release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses occurring within any twenty-four hour period.
(3) The fact that a conviction is being appealed shall have no effect of the disqualification of the applicant or a person residing with the applicant.
(g) Transfer of Ownership or Control of a sexually oriented business means and includes the following:
(1) The sale, lease, or sublease of a business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. 3-06. Passed 2-6-06.)