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(A) Seating. Each adult theater shall provide seating only in individual chairs with arms or in seats separated from each other by immovable arms and not on couches, benches or any other multiple person seating structures. The number of seats shall equal the maximum number of persons who may occupy the adult theater.
(B) Aisle. Each adult theater shall have a continuous main aisle alongside the seating area in order that each person seated in the adult theater shall be visible from the aisle at all times.
(C) Sign. Each adult theater shall have a sign posted in a conspicuous place at or near each entranceway to the auditorium or similar area that lists the maximum numbers of persons who may occupy the auditorium area, which number shall not exceed the number of seats in the auditorium area.
(D) Age limitations.
(1) No adult establishment employee or adult establishment patron at an adult theater or a licensed premises used for an adult theater shall be under the age of 18.
(2) No person under the age of 18 shall be admitted to any adult theater or to any licensed premises used for an adult theater.
(3) No person under the age of 18 shall be allowed or permitted to remain at any adult theater or any licensed premises used for an adult theater.
(4) No person under the age of 18 shall be allowed or permitted to purchase or receive, whether for consideration or not, any adult material or other goods or services at or from any adult theater of any licensed premises used for an adult theater.
(1980 Code, § 119.113) (Res. 99-320, passed 8-19-1999) Penalty, see § 10.99
LICENSE REVOCATION OR SUSPENSION
Pursuant to the procedures set forth in § 119.141, the Adult Use Commission may suspend for not more than 30 days, or revoke, any adult establishment license if the Adult Use Commission, based on credible and reasonably reliable information and evidence, determines that any one or more of the following has occurred.
(A) The licensee has violated any of the provisions or requirements of this chapter or the adult establishment license issued pursuant hereto, or the provisions of the County Zoning Ordinance applicable to the licensed premises or the adult entertainment establishment.
(B) The licensee knowingly or negligently furnished false or misleading information or withheld information on any application or other document submitted to the county for the issuance or renewal of any adult establishment license, or knowingly or negligently caused or suffered any other person to furnish or withhold any information on the licensee’s behalf.
(C) The licensee has committed a felony or specified criminal act on the licensed premises.
(D) The licensee authorizes, approves, or, as a result of the licensee’s negligent failure to supervise the licensed premises or the adult entertainment establishment, allows, an adult establishment employee, an adult establishment patron or any other person to violate any of the requirements of the adult establishment license issued pursuant hereto, or commit any felony or specified criminal act on the licensed premises.
(E) The licensee, or any person identified pursuant to § 119.038 becomes disqualified for the issuance of an adult establishment license at any time during the term of the license at issue.
(1980 Code, § 119.125) (Res. 99-320, passed 8-19-1999)
An adult entertainment establishment license may be suspended for not more than 30 day or revoked pursuant to the terms and conditions set forth in this section.
(A) Notice. Upon determine that one or more of the grounds for suspension or revocation under § 119.140 may exist, the Adult Use Commission shall serve a written notice on the licensee in person or by certified United States mail, postage prepaid, return receipt requested, addressed to the licensee’s address as set forth in the licensee’s application. The written notice shall, at a minimum:
(1) State that the Adult Use Commission has determined that the adult establishment license may be subject to suspension or revocation pursuant to § 119.088;
(2) Identify the specific grounds for the Adult Use Commission’s determination; and
(3) Set a date for a hearing regarding the Adult Use Commission’s determination as to the possibility of suspension or revocation of the adult establishment license. The date of the hearing shall be no less than five days after service of the Adult Use Commission’s notice, unless an earlier or later date is agreed to by the licensee and the Adult Use Commission.
(B) Hearing. The hearing shall be conducted by the Adult Use Commission. At the hearing, the licensee may present and submit evidence and witnesses to refute the grounds cited for suspending or revoking the license and the county and any other persons may submit evidence to sustain the grounds. The administrative record compiled on the adult entertainment establishment pursuant to § 119.155 shall be made part of the hearing record. Within three days after the close of the hearing, the Adult Use Commission shall, having considered the record, set the hearing and render a decision in writing, setting forth the reasons for the decision. The action taken by the Adult Use Commission shall be final and shall be subject to judicial review.
(C) Notice and effective date of suspension or revocation. The Adult Use Commission’s written decision shall be posted at the office of the Adult Use Commissioner and shall be served on the licensee in person or by certified United States mail, postage prepaid, return receipt requested, addressed to the licensee’s address as set forth in the licensee’s application. Any suspension or revocation, as the case may be, shall take effect on the day that the Adult Use Commission’s written decision is delivered in person or three days after it is placed in the United States mail as provided in this division.
(D) Surrender of license and security. Upon the suspension or revocation of an adult establishment license pursuant to this chapter:
(1) The Adult Use Commission shall take custody of the suspended or revoked license; and
(2) A part or all of the bond or other security submittee for the adult entertainment establishment pursuant to § 119.037(B) shall be forfeited as the Adult Use Commission shall deem necessary to reimburse the county for the costs associated with the proceedings related to the suspension or revocation at issue. The bond or other security shall be replenished to equal the amount required pursuant to § 119.037(B) prior to the issuance of any new adult establishment license for the licensed premises or for the reinstatement of any suspended license.
(Res. 99-320, passed 8-19-1999)
RECORDS
The Adult Use Commission shall cause to be kept in the office of the Adult Use Commission an accurate record of every adult establishment license application received and acted on, together with all relevant information and material pertaining to the application; any adult establishment license issued pursuant thereto; and any adult entertainment establishment operated pursuant to the adult establishment license.
(1980 Code, § 119.135) (Res. 99-320, passed 8-19-1999)
The licensee of every adult entertainment establishment shall register each of the licensee’s adult establishment employees with the Adult Use Commission by providing the following information to the Adult Use Commission no later than the business day immediately preceding the day of commencement of the employee’s employment at the adult entertainment establishment:
(A) Legal name;
(B) Any and all aliases;
(C) Current residential address and telephone number, and all residential addresses for the previous three years; and
(D) Date of birth.
(1980 Code, § 119.136) (Res. 99-320, passed 8-19-1999)
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