ADULT USE COMMISSION

§ 119.020 GENERALLY.

   (A)   Creation. A Commission entitled Adult Use Commission is hereby created and established for the purposes set forth in this chapter.

   (B)   Composition. The County Executive with the advice and consent of the County Board shall appoint three people, each from different County Board districts, to serve for a period of two years on matters relating to the implementation and enforcement of the regulations set forth in this chapter and to the exercise of the Adult Use Commission’s powers and duties under this chapter. The persons appointed shall comprise the Adult Use Commission. Initially, one member shall be appointed for one year, one member shall be appointed for two years, and one member shall be appointed for three years, with the successor to each member so appointed to serve for a term of two years. Each appointee shall serve until a replacement appointment has been approved by the County Board.

   (C)   Filing of appointments. The County Executive shall file a written appointment of each of the members of the Adult Use Commission in the office of the County Clerk within five days after each appointment.

(1980 Code, § 119.020) (Res. 99-320, passed 8-19-1999)

§ 119.021 POWERS AND DUTIES.

   The Adult Use Commission shall have the following powers and duties:

   (A)   To administer and rule upon the applications for, and the issuance, renewal, suspension and revocation of, adult establishment licenses as set forth in this chapter;

   (B)   To conduct or provide for inspections of adult entertainment establishments as shall be necessary to determine and ensure compliance with the provisions of this chapter and other applicable provisions of law;

   (C)   To periodically review the provisions of this chapter and the conduct and operation of adult entertainment establishments and adult establishment licensees, and to make related reports and recommendations to the County Board that the Adult Use Commission shall deem necessary;

   (D)   To conduct and prepare hearings, studies and reports on adult entertainment establishments, and the regulations relating thereto, as the Adult Use Commission shall deem necessary;

   (E)   To take further actions as the Adult Use Commission shall deem necessary to carry out the purposes and intent of this chapter and to exercise additional powers in furtherance thereof as are implied or incident to those powers and duties expressly set forth in this chapter;

   (F)   To recommend further regulations regarding adult entertainment establishments and adult establishment licenses as the members of the Commission may deem necessary to protect the public health, safety and welfare or to otherwise carry out the purposes and objectives of the regulations established pursuant to this chapter; and

   (G)   To conduct hearings on the revocation or suspension of an adult establishment license as required pursuant to §§ 119.140 and 119.141 of this chapter.

(1980 Code, § 119.021) (Res. 99-320, passed 8-19-1999)

ADULT ESTABLISHMENT LICENSES

§ 119.035 LICENSES GENERALLY.

   (A)   Required. An adult establishment license shall be required to establish, operate or maintain an adult entertainment establishment within the unincorporated areas of the county.

   (B)   Operation without license prohibited. Except as provided in division (F) of this section with regard to adult entertainment establishments existing prior to the effective date of this chapter, it shall be unlawful for any person not having a current and valid adult establishment license to establish, operate or maintain an adult entertainment establishment within the unincorporated areas of the county at any time after tine effective date of this chapter.

   (C)   Operation in violation of license prohibited. It shall be unlawful for any licensees to establish, operate or maintain an adult entertainment establishment within the unincorporated area of the county except in the manner authorized by, and in compliance with, the provisions of this chapter and the licensee’s adult establishment license.

   (D)   Content and display of license. Every adult establishment license shall be provided by the county and shall, at a minimum, prominently state on its face the name of the licensee, the expiration date and the address of the adult entertainment establishment. Every licensee shall cause the licensee’s adult establishment license to be framed, covered by glass and hung at all times in plain view in a conspicuous place on the licensed premises so that it can be easily seen and read at any time by any person entering the licensed premises.

   (E)   License term. Except as hereinafter provided, adult establishment licenses shall be operative and valid, unless first terminated, suspended or revoked, for a term of one year commencing on January 1 of the year following the year of issuance and terminating on December 31 of that same year. Adult establishment licenses issued after January 1 of any year for operations to commence in that year shall be operative and valid, unless first terminated, suspended or revoked, for a term commencing on the date of issuance and terminating on December 31 of the same year.

   (F)   Existing establishments. An adult entertainment establishment existing prior to the effective date of this chapter shall submit an application for an adult establishment license no later than October 1, 1999; shall cease operations on November 15, 1999, unless it has secured by that date an adult establishment license pursuant to this chapter; and shall be subject to all other provisions of this chapter as of November 25, 1999. Any facility licensed by the Liquor Control Commissioner of the county on the date of the passage of this chapter shall be exempt from the requirements of this chapter for a period of five years from the date of the passage of this chapter.

   (G)   Renewal. An adult establishment license may be renewed only by making application as required for an initial license pursuant to §§ 119.035 through 119.039 of this chapter. Application for renewal shall be made at least 30 days before the expiration of the then-current license term. The expiration of the license shall not be affected or extended by a renewal application that is made less than 30 days before expiration.

(1980 Code, § 119.030) (Res. 99-320, passed 8-19-1999)

§ 119.036 REQUIRED APPLICATION FORM.

   An application for an adult establishment license, or the renewal thereof, shall be made in writing to the Adult Use Commission on a form prescribed by the Commission and shall be signed by the applicant, if the applicant is an individual; by at least one of the persons entitled to share in the profits of the organization and having unlimited personal liability for the obligations of the organization and the right to bind all other persons, if the applicant is a partnership (general or limited), joint venture or any other type of organization where two or more persons share in the profits and liabilities of the organization; by a duly authorized agent, if the applicant is a corporation; or by the trustee, if the applicant is a land trust. The application shall be verified by oath or affidavit as to all statements made on or in connection with the application and any attachments thereto. Each application shall specifically identify the applicant and the licensed premises for which an adult establishment license is sought. Each initial or renewal application shall be accompanied by even identical copies.

(1980 Code, § 119.031) (Res. 99-320, passed 8-19-1999)