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2006-03-03
CITY-OF-BATESVILLE
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2006-03-03
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• (1) By a proprietary school, licensed by the state, a college, junior college, or <br /> university supported entirely or partly by taxation; <br /> (2) By a private college or university that maintains and operates educational <br /> programs in which credits are transferable to a college, junior college, or <br /> university supported entirely or partly by taxation. <br /> ARTICLE XXV. Notices. <br /> (a) Any notice required or permitted to be given by the Enforcement officer or any <br /> other city office, Ordinance, department or other agency under this Ordinance to any <br /> applicant, licensee operator or owner of a sexually oriented business must be given by <br /> certified United States mail, postage prepaid, return receipt requested, addressed to the <br /> most recent address as specified in the application for the license, or in any subsequent <br /> notice of address change that has been received by the Enforcement officer. Notices <br /> mailed as above shallbe deemed given upon their receipt in the United States mail. In <br /> the event that any notice given by mail is returned by the postal service, the <br /> Enforcement officer or his designee shall cause it to be posted at the principal entrance <br /> to the establishment, and notice will be considered received upon the date of such <br /> posting. <br /> (b) A license may designate an agent for service and notify the Enforcement officer of <br /> the identity and address of the agent for service. In such event, notices are subject to <br /> the requirement of subsection (a) above, except that notice shall be made at the <br /> �+ address of the designated agent for service. <br /> (c) Any notice required or permitted to be given to the Enforcement officer by any <br /> person under this Ordinance shall not be deemed given until and unless it is received in <br /> the office of the Enforcement officer. <br /> (d) It shall be the duty of each owner who is designated on the license application and <br /> each operator to furnish notice to the Enforcement officer in writing of any change of <br /> residence or mailing address. <br /> ARTICLE XXVI. Injunction. <br /> A person who operates or causes to be operated a sexually oriented business without a <br /> valid business license, or a business shown by clear and convincing evidence to be <br /> engaging in a regular pattern or practice of violations of this Ordinance, is subject to a <br /> suit for injunction as well as prosecution for criminal violations. Each day a sexually <br /> oriented business so operates, or each day a person so acts in violation of a provision <br /> of this Ordinance, is to be considered a separate offense or violation. <br /> ARTICLE XXVII. Severability <br /> In the event any title, section, paragraph, item, sentence clause, phrase, or word <br /> of this ordinance is declared or adjudged to be invalid or unconstitutional, such <br /> declaration or adjudication shall not affect the remaining portions of the ordinance, <br />
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