HomeMy WebLinkAbout2006-03-03 ORDINANCE NO.2006-3-3
AN ORDINANCE FOR THE REGULATION OF SEXUALLY ORIENTED BUSINESSES
WITHIN THE CITY OF BATESVILLE, ARKANSAS.
WHEREAS, there are currently no regulations governing sexually oriented
businesses within the City, and
WHEREAS, the City desires to regulate sexually oriented businesses to promote
the health, safety and general welfare of its citizens and to establish reasonable and
uniform regulations to prevent the concentration of sexually oriented businesses within
the City, and
WHEREAS, the provisions of this ordinance have neither the purpose nor effect
of imposing a limitation or restriction on the content of any communicative materials,
including sexually oriented materials nor is it the intent or effect of this ordinance to
restrict or deny access by adults to sexually oriented materials protected by the First
Amendment, or to deny access by the distributors and exhibitors of sexually oriented
entertainment to their intended market, unless otherwise restricted by law, and
WHEREAS, these provisions shall hereby govern sexually oriented businesses.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
BATESVILLE, ARKANSAS;
ARTICLE I. Definitions.
Adult arcade means any place to which the public is permitted or invited wherein coin-
operated or slug-operated or electronically, electrically, or mechanically controlled still or
motion picture machines, projectors, or other image-producing devices are maintained
to show images to five (5) or fewer persons per machine at any one time, and where the
images so displayed are distinguished or characterized by the depicting or describing of
specified sexual activities or specified anatomical areas.
Adult bookstore or adult video store means a commercial establishment that, as its
principal business purpose, offers for sale or rental for any form of consideration any
one (1) or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films,
motion picture, video cassettes or video reproductions, slides, or other visual
representations that depict or describe specified sexual activities or specified
anatomical areas; or
(2) Instruments, devices, or paraphernalia that are designed for use in
connection with specified sexual activities.
® The determination of the principal business purpose of an establishment is based
on the visual inventory or commercial activity of the establishment; provided,
there shall be a rebuttable presumption that any commercial establishment which
utilizes more than ten (10) percent of total display area for merchandise of any
type described in this definition shall be deemed to be engaged in the business
of an adult bookstore or adult video store as its principal business purpose.
Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment
that presents:
(1) Persons who appear in a state of nudity or semi-nudity; or
(2) Live performances that are characterized by the display of any portion of the
female breast or any portion of the human buttocks, or which are characterized
by the exposure of specified anatomical areas or by specified sexual activities; or
(3) Films, motion pictures, video cassettes, slides, or other photographic
reproductions that are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
Adult motel means a hotel, motel or similar commercial establishment that:
(1) Offers accommodation to the public for any form of consideration and
provides patrons with closed-circuit television transmissions, films, motion
pictures, video cassettes, slides, or other photographic reproductions that are
characterized by the depiction or description of specified sexual activities or
specified anatomical areas, and has a sign visible from the public right of way
that advertises the availability of this type of adult photographic reproductions; or
(2) Offers a sleeping room for rent for a period of time that is less than twenty-
four (24) hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room
for a period of time that is less than twenty-four (24) hours.
Adult motion picture theater means a commercial establishment where, as its
principal business purpose, for any form of consideration, films, motion pictures, video
cassettes, slides, or similar photographic reproductions are presented that are
characterized by the depiction or description of specified sexual activities or specified
anatomical areas.
Adult theater means a theater, concert hall, auditorium, or similar commercial
establishment that regularly features persons who appear, in person, in a state of
nudity, semi-nudity and/or live performances that are characterized by the exposure of
specified anatomical areas or by specified sexual activities.
Clear and convincing means evidence so clear, direct and convincing as to enable the
Enforcement officer to come to a clear conviction as to the allegations sought to be
established.
Enforcement Officer means the Code Enforcement Officer of the city, and such other
employee(s) of the City as he may designate to perform the duties of the Enforcement
officer under this Ordinance or in the context of criminal violations the chief law
enforcement officer for the City.
Employee means a person who performs any service on the premises of a sexually
oriented business on a full time, part time, contract basis, or independent basis, whether
or not the person is denominated an employee, independent contractor, agent, or
otherwise, and whether or not the said person is paid a salary, wage, or other
compensation by the operator of said business. "Employee" does not include a person
on the premises for repair, maintenance or cleaning of the premises or equipment on
the premises, or for the delivery of goods to the premises, nor does "employee" include
a person exclusively on the premises as a patron or customer.
Escort means a person who, for monetary consideration, agrees or offers to act as a
companion, guide, or date for another person, or who, for monetary consideration,
agrees or offers to model lingerie or to engage in a specified sexual activity and/or
perform in a state of nudity or semi-nudity for another person off the premises of a
sexually oriented business.
Escort agency means a person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business purposes for a
fee, tip, or other consideration.
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 additions of any sexually oriented business to any other existing
sexually oriented business; or
(4) The relocation of any sexually oriented business.
Intentionally means that it was the conscious object of the person to engage in the
conduct alleged, or to cause the result alleged.
Knowingly means that the person was aware that his conduct was of the nature
alleged, or that he was aware that it was practically certain that his conduct would cause
the result alleged, or that he consciously disregarded a substantial risk that his conduct
would cause the result alleged or that the result alleged would occur.
Licensed day-care center means a facility licensed by the state, whether situated
within the city or not, that provides care, training, education, custody, treatment or
supervision for more than twelve (12) children under fourteen (14) years of age, where
such children are not related by blood, marriage or adoption to the owner or operator of
the facility, for less than twenty-four (24) hours a day, regardless of whether or not the
facility is operated for a profit or charges for the services it offers.
Licensee means a person in whose name a license has been issued, as well as the
individual listed as an applicant on the application for a license.
Nude model studio means any place where a person who appears in a state of nudity
or semi-nudity, or who displays specified anatomical areas, is provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted by other
persons for consideration, with the exception of those persons and places exempted by
"ARTICLE XXIV. Exemptions" of this Ordinance.
Nudity or a state of nudity means the showing of any specified anatomical area.
Operator means any person in a supervisory capacity over employees and/or
contractors, excluding maintenance, delivery or cleaning personnel, at the sexually
oriented business, and any person responsible for security and/or any entrance/exit of
the sexually oriented business.
Person means an individual, proprietorship, limited partnership, general partnership,
corporation, association, limited liability company, or other legal entity.
Premises means the real property upon which the sexually oriented business is
located, and all appurtenances thereto and buildings thereon, including, but not limited
to, the sexually oriented business, the grounds, private walkways, and parking lots
and/or parking garages adjacent thereto, under the ownership, control or supervision of
the licensee, as described in the application for a business license pursuant to
"ARTICLE IV. Issuance of License" of this Ordinance;
Semi-nude or semi-nudity means the appearance of any part of the female areola or
nipple, or the showing of the perineum anal region, in anything less than a fully opaque
covering.
Sexual encounter center means a business or commercial enterprise that, as one of
its principal business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the
opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex
when one (1) or more of the persons is in a state of nudity.
Sexually oriented business means an adult arcade, adult bookstore or adult video
store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort
agency, nude model studio, or sexual encounter center.
Specified anatomical areas means:
(1) The human male genitals in a discernibly turgid state, even if fully and
opaquely covered;
(2) Less than completely and opaquely covered human genitals or anus.
Specified criminal activity means carnal abuse, rape, sexual abuse, violation of a
minor, sexual misconduct, sexual solicitation of a minor, sodomy, prostitution, promotion
of prostitution, sale, distribution, or display of harmful material to a minor, sexual
performance by a child, possession or distribution of child pornography, and/or
patronizing prostitution; in the case of any such conviction, it will constitute specified
criminal activity if:
(1) Less than one (1) year has 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; or
(2) Less than five (5) years have elapsed since the date of conviction or the
date of release from confinement, whichever is the later date, if the conviction is
of a felony offense.
The fact that a conviction is being appealed shall have no effect on the
disqualification of the applicant, with the exception of a de novo appeal from
municipal to circuit court. In the case of a de novo appeal from municipal court to
circuit court, a disqualification is not effective until such time as there is a
conviction in circuit court. Should a conviction be reversed on appeal, or in the
case of a de novo appeal from municipal court to circuit court, should the circuit
court fail to convict, then there is no "conviction" for purposes of this Ordinance.
Specified sexual activities means and includes any of the following:
(1) Any act of sexual gratification involving the touching by one person, either
directly or through clothing, of the sex organs, or buttocks, or anus of another
person;
(2) Any act of sexual gratification involving the touching by one person, either
directly or through clothing, of the female breast of another person;
(3) Intercourse, oral copulation, or sodomy, whether actual or simulated;
(4) Masturbation, actual or simulated; or
(5) Excretory functions as part of or in connection with any of the activities set
forth in (1) through (4) above.
Substantial enlargement of a sexually oriented business means the increase in
floor areas occupied by the business by more than twenty-five (25) percent, as the floor
areas exist on the effective date of this Ordinance.
Transfer of ownership or control of a sexually oriented business means and
includes any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities that form a controlling interest in the business,
whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other similar legal device that 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.
ARTICLE II. Classification.
Sexually oriented businesses are classified as follows:
(1) Adult arcades;
(2) Adult bookstores or adult video stores;
(3) Adult cabarets;
(4) Adult motels;
(5) Adult motion picture theaters;
(6) Adult theaters;
(7) Escort agencies;
(8) Nude model studios; and
(9) Sexual encounter centers.
ARTICLE III. License required.
(a) It shall be unlawful:
(1) For any person to operate a sexually oriented business without a
valid sexually oriented business license issued by the Enforcement officer
pursuant to this Ordinance.
(2) For any person who operates a sexually oriented business to employ a
person to work and/or perform services on the premises of the sexually oriented
business, if such employee is not in possession of a valid sexually oriented
• business employee license issued to such employee by the Enforcement officer
pursuant to this Ordinance;
(3) For any person to obtain employment with a sexually oriented business if
such person is not in possession of a valid sexually oriented business employee
license issued to such person by the Enforcement officer pursuant to this
Ordinance.
(4) It shall be a defense to subsections (2) and (3) of this section if the
employment is of limited duration and for the sole purpose of repair, maintenance
and/or cleaning of machinery, equipment, or the premises.
(5) Any person convicted of the violation of any provision within this
subsection shall be subject to the misdemeanor penalties as set out in the
Batesville Municipal Code.
(b) An application for a sexually oriented business license must be made on a form
provided by the city. Except for a sexually oriented business lawfully operating on the
date this Ordinance is enacted, the application must be accompanied by a sketch or a
diagram showing the configuration of the premises, including a statement of total floor
space occupied by the business. The sketch or diagram need not be professionally
prepared but must be drawn to a designated scale or drawn with marked dimensions of
the interior of the premises to an accuracy of plus or minus six (6) inches. Prior to
issuance of a license, the premises must be inspected by the fire department and code
enforcement department.
(c) An application for a sexually oriented business employee license must be made on
a form provided by the city.
(d) All applicants for a license must be qualified according to the provisions of this
Ordinance. The application may request, and the applicant shall provide, such
information as to enable the city to determine whether the applicant meets the
qualifications established under this Ordinance. The applicant has an affirmative duty to
supplement an application with new information received subsequent to the date the
application was deemed completed.
(e) If a person who wishes to own or operate a sexually oriented business is an
individual, he must sign the application for a business license as applicant. If a person
who wishes to operate a sexually oriented business is other than an individual, a
representative/registered agent of the partnership, corporation or limited liability
company must sign the application for a business license as applicant.
(f) Applications for a business license, whether original or renewal, must be made to
the Enforcement officer. Applications must be submitted to the office of the Enforcement
officer or the Enforcement officer's designee during regular working hours. Application
forms shall be supplied by the Enforcement officer, and shall only request the following
information:
(1) The name, street address (and mailing address if different) of the
applicant(s);
(2) A recent photograph of the individual or representative submitting the
application form;
(3) The applicant's driver's license number, Social Security number, and/or
his/her state or federally issued tax identification number;
(4) The name under which the establishment is to be operated and a general
description of the services to be provided;
b. If the applicant intends to operate the sexually oriented business under
a name other than that of the applicant; he or she must state the sexually
oriented business's fictitious name;
(5) Whether the applicant has been convicted, or is awaiting trial on pending
charges, of a specified criminal activity as defined in "ARTICLE I. Definitions",
and, if so, the specified criminal activity involved, the date, place, and jurisdiction
of each;
(6) Whether the applicant has had a previous license under this Ordinance or
other similar sexually oriented business ordinance from another city, county or
state or political subdivision denied, suspended or revoked, including the name
and location of the sexually oriented business for which the business license was
denied, suspended or revoked, as well as the date of the denial, suspension or
revocation, and whether the applicant is or has been a partner in a partnership or
an officer, Enforcement officer or principal stockholder of a corporation or a
member of a limited liability company that is or was licensed under a sexually
oriented business ordinance whose business license has previously been
denied, suspended or revoked, including the name and location of the sexually
oriented business for which the business license was denied, suspended or
revoked as well as the date of denial, suspension or revocation;
(7) Whether the applicant holds any other licenses under this Ordinance or
other similar sexually oriented business ordinance from another city or county in
this or any other state and, if so, the names and locations of such other licensed
businesses;
(8) The single classification of license, as found in "ARTICLE ll. Classification",
for which the applicant is filing;
(9) The telephone number of the establishment;
• (10) The address, and legal description of the tract of land on which the
establishment is to be located;
(11) If the establishment is in operation, the date on which the owner(s)
acquired the establishment for which the business license is sought, and the date
on which the establishment began operations as a sexually oriented business at
the location for which the business license is sought;
(12) If the establishment is not in operation, the expected startup date
(which shall be expressed in number of days from the date of issuance of the
business license). If the expected startup date is to be more than ten days (10
days) following the date of issuance of the business license, then a detailed
explanation of the construction, repair or remodeling work or other cause of the
expected delay and a statement of the owner's time schedule and plan for
accomplishing the same;
(13) If an applicant wishes to operate a sexually oriented business, other
than an adult motel, which shall exhibit on the premises, in a viewing room or
booth of less than one hundred fifty (150) square feet of floor space, films, video
cassettes, or other video reproductions, which depict specified sexual activities or
specified anatomical areas, then the applicant shall comply with the application
requirements set forth in "ARTICLE XVIII, Regulations pertaining to exhibition of
sexually explicit films and videos." hereunder.
(g) Each application for a business license shall be accompanied by the following:
�. (1) Payment of the application fee in full;
(2) If the establishment is an Arkansas corporation, limited liability company or
limited partnership, a certificate of good standing issued by the office of the
Secretary of State of Arkansas;
(2) If the establishment is a foreign corporation, a certified copy of the certificate
of authority to transact business in this state;
(3) Except for a sexually oriented business lawfully operating on the date
this Ordinance is enacted, a current certificate and straight-line drawing prepared
within thirty (30) days prior to application by a registered land surveyor depicting
the property lines and the structures containing any existing sexually oriented
businesses within one thousand (1,000) feet of the property lines of the following
types of property: any established church; public or private elementary,
secondary or post-secondary school; public park; licensed day care center; and
entertainment business that is oriented primarily towards children within one
thousand (1,000) feet of the property to be certified and; the property lines of any
established residential district within one thousand (1000) feet of the property to
be certified. For purposes of this section a use shall be considered existing or
established if it is in existence at the time an application is submitted.
�, (4) Any of items (2) through (4) shall not be required for a renewal
application if the sexually oriented business was lawfully operating at the time
this Ordinance was enacted or the applicant states that the documents previously
furnished the Enforcement officer with the original application or previous
renewals thereof remain correct and current.
(h) Applications for an employee license to work and/or perform services in a sexually
oriented business, whether original or renewal, must be made to the Enforcement
officer by the person or a designated representative of the person to whom the
employee license shall issue, except as otherwise provided in this Ordinance.
Applications transmitted by facsimile will be accepted for this purpose. Each application
for an employee license shall be accompanied by proof of payment of the application
fee in full. A photocopy of the check or money order will be accepted for this purpose if
transmitting the application by facsimile, so long as payment is actually received within
five (5) working days. Application forms shall be supplied by the Enforcement officer.
Applications must be submitted to the office of the Enforcement officer or the
Enforcement officer's designee. Each applicant shall be required to give only the
following information on the application form:
(1) The applicant's given name, and any other names by which the applicant is
or has been known, including "stage" names and/or aliases;
(2) Age, and date and place of birth;
(3) Height, weight, hair color and eye color;
(4) Present residence address and telephone number;
(5) Present business address and telephone number;
• (6) Date, issuing state, and number of driver's license, or other identification
card information;
(7) Social Security number; and
(8) Proof that the individual is at least eighteen (18) years old.
(i) Attached to the application form for an employee license to work and/or perform
services in a sexually oriented business shall be the following:
(1) A color photograph of the applicant clearly showing the applicant's face. If
application is made by facsimile the photograph does not have to be a color
photograph, but the color photograph shall be submitted within five (5) days.
(3) A statement whether the applicant has been convicted of a specified
criminal activity as defined in "ARTICLE I, Definitions", and, if so, the specified
criminal activity involved, the date, place and jurisdiction of each.
(j) Every application for a license shall contain a statement under oath that the
applicant has personal knowledge of the information contained in the application, that
the information contained therein and furnished therewith is true and correct, and that
the applicant is aware of the requirements of this Ordinance.
(k) A separate application and business license shall be required for each sexually
oriented business classification as set forth in "ARTICLE II, Classifications" .
the Enforcement officer, the Enforcement officer shall issue an employee license,
unless it is determined by a preponderance of the evidence that the modifications
fail to remedy the original basis for the preliminary denial by the Enforcement
officer. If such determination is made by the Enforcement officer, the
Enforcement officer again must give notice in writing as set forth in "ARTICLE
XXV, Notices" by certified mail, return receipt requested, to the applicant of the
reasons for the denial, and said denial is final and appealable.
A final denial, suspension, or revocation by the Enforcement officer of a license
issued pursuant to this section shall be subject to the same rights as those set
forth in subsection (i) of this section.
(b) A license issued pursuant to subsection (a) of this section, if granted, shall state on
its face the name of the person to whom it is granted, the expiration date, and the
address of the sexually oriented business. The employee shall keep the license
available for inspection at the establishment upon lawful request at all times while
engaged in employment or performing services on the sexually oriented business
premises.
(c) A license issued pursuant to subsection (a) of this section shall be subject to
annual renewal upon the written application of the applicant and a written finding
determined by a preponderance of the evidence by the Enforcement officer that the
applicant has not been convicted of any "specified criminal activity" as defined in this
Ordinance, or committed any act during the existence of the previous license which
would be grounds to deny the initial license application. The decision whether to renew
an employee license shall be made within thirty (30) days of the completed application.
The renewal of a license shall be subject to the fee as set forth in "ARTICLE V, Fees".
The nonrenewal of a license shall be subject to the same notice, modification and
reapplication, and appeal rights as set forth elsewhere in this section.
(d) If application is made for a sexually oriented business license, the Enforcement
officer shall approve or deny issuance of the license within forty-five (45) days of receipt
of the completed application. The Enforcement officer shall issue a license to an
applicant unless it is determined by a preponderance of the evidence that one (1) or
more of the following findings is true:
(1) An applicant has intentionally failed to provide the information reasonably
necessary for issuance of the license or has intentionally answered falsely a
material question or request for information on the application form;
(2) An applicant is under the age of eighteen (18) years;
(3) An applicant is overdue in payment to the city of taxes, fees, fines, or
penalties assessed against or imposed upon him/her in relation to any business.
An applicant denied a license on this basis will have all rights and remedies set
forth in subsection (h) of ARTICLEIII, Issuance of License" to attempt to remedy
any such deficiency and reapply for a license;
(4) An applicant has been convicted of a specified criminal activity as defined in
"ARTICLE I, Definitions";
(5) Except for a sexually business lawfully operating on the date this Ordinance
is enacted, the premises to be used for the sexually oriented business do not
comply with the location restrictions set forth in "ARTICLE XI, Location
Restrictions";
(6) The premises to be used for the sexually oriented business have not been
approved by the fire department and the code enforcement department as being
in compliance with applicable laws and ordinances;
(7) An applicant has been finally denied, after opportunity to exercise due
process rights, a license by the city to operate a sexually oriented business for
any of the above listed reasons within the preceding (12) twelve months, or his
license to operate a sexually oriented business has been finally revoked, after
opportunity to exercise due process rights, for any of the reasons listed in
"ARTICLE VII, Suspension" and "ARTICLE VIII, Revocation" within the preceding
twelve (12) months.
(e) A license issued pursuant to subsection (d) of this section, if granted, shall state on
its face the name of the person or persons to whom it is granted, the expiration date, the
C address of the sexually oriented business, and the section "ARTICLE II, Classification"
classification for which the license is issued. The license shall be posted in a
conspicuous place at or near the entrance to the sexually oriented business so that it
may be easily read at any time.
(f) The fire department and code enforcement department shall complete their
certification that the premises are in compliance or not in compliance within twenty (20)
days of receipt of the completed application by the Enforcement officer. The certification
shall be promptly presented to the Enforcement officer.
(g) A sexually oriented business license shall issue for only one classification, as set
forth in "ARTICLE II, Classification".
(h) In the event that the Enforcement officer determines preliminarily that an applicant
is not eligible for a sexually oriented business license, the applicant shall be given
notice in writing by certified mail, return receipt requested, of each of the above reasons
which support such preliminary denial within forty-five (45) days of the receipt of the
completed application by the Enforcement officer. The applicant shall have ten (10)
days after receipt of the notice to make modifications necessary for purposes of
complying with this section and to reapply for a sexually oriented business license. After
ten (10) days, the denial will become final unless such modification and reapplication is
made by the applicant. However, if additional time is shown by the applicant to be
reasonably necessary to comply with this section, the Enforcement officer may grant an
extension, not to exceed an additional thirty (30) days. Upon receipt of modifications
(1) The fact that a person possesses other types of state or city permits and/or licenses
does not exempt him from the requirement of obtaining a sexually oriented business or
employee license.
ARTICLE IV. Issuance of license.
(a) Upon the filing of an application for a sexually oriented business employee license,
the Enforcement officer shall issue a temporary license to said applicant. In the case of
an application filed by facsimile transmission, proof of the facsimile transmittal shall
suffice as a temporary license until the actual temporary license is issued. The
application shall then be referred to the appropriate city departments for investigation to
be made on the information contained in the application. The application process
shallbe completed within thirty (30) days from the date of the completed application.
After the investigation, the Enforcement officer shall issue an employee license, unless
it is determined by a preponderance of the evidence that one or more of the following
findings is true:
(1) The applicant and/or the applicant's representative has intentionally failed to
provide the information reasonably necessary for issuance of the license or has
intentionally answered falsely a material question or request for information on
the application form;
• (2) The applicant is under the age of eighteen (18) years;
(3) The applicant has been convicted of a "specified criminal activity" as defined
in "ARTICLE I, Definitions" of this Ordinance;
(4) The sexually oriented business employee license is to be used for
employment in a business prohibited by local or state law, statute, rule, or
regulation, or prohibited by a particular provision of this Ordinance; or
(5) The applicant has had a sexually oriented business employee license
revoked by the city within one (1) year of the date of the current application. In
the event that the Enforcement officer determines preliminarily that an applicant
is not eligible for a sexually oriented business employee license, the applicant
shall be given notice in writing as set forth in "ARTICLE XXV, Notices" by
certified mail, return receipt requested, of each of the above reasons which
support such preliminary denial within thirty (30) days of the receipt of the
completed application by the Enforcement officer. The applicant shall have ten
(10) days after receipt of the notice to make modifications necessary for
purposes of complying with this section and to reapply for a sexually oriented
business employee license. After ten (10) days, the denial will become final
unless such modification and reapplication is made by the applicant. However, if
additional time is shown by the applicant to be reasonably necessary to comply
with this section, the Enforcement officer may grant an extension, not to exceed
an additional thirty (30) days. Upon receipt of modifications and reapplication by
and reapplication by the Enforcement officer, the Enforcement officer shall issue a
license, unless it is determined by a preponderance of the evidence that the
modifications fail to remedy the original basis for the preliminary denial by the
Enforcement officer. If such determination is made by the Enforcement officer, the
Enforcement officer again must give notice in writing by certified mail, return receipt
requested, to the applicant of the reasons for the denial, and said denial is final and
appealable.
(1) An applicant may appeal the decision of the Enforcement officer regarding a final
denial to the board of Enforcement officers by filing a written notice of appeal with the
city clerk within fifteen (15) days after service of notice upon the applicant of the
Enforcement officer's decision. The notice of appeal shall be accompanied by a
memorandum or other writing setting out fully the grounds for such appeal and all
arguments in support thereof. The Enforcement officer may, within fifteen (15) days of
service upon him of the applicant's memorandum, submit a memorandum in response
to the memorandum filed by the applicant on appeal to the board of Enforcement
officers. After reviewing such memoranda, as well as the Enforcement officer's written
decision, if any, and exhibits submitted to the Enforcement officer, the board of
Enforcement officers shall vote either to uphold or overrule the Enforcement officer's
decision. Such vote shall be taken within twenty-one (21) calendar days after the date
on which the city clerk receives the notice of appeal. Judicial review of a denial by the
Enforcement officer and board of Enforcement officers may be made pursuant to
section "ARTICLE IX, Judicial Review" During the pendency of any appeal, the parties
shall maintain the status quo unless in the interim, a court issues an injunction pursuant
to "ARTICLE XXIV, Injunction".
(j) A license issued pursuant to subsection (d) of this section shall be subject to
annual renewal upon the written application of the applicant and a written finding
determined by a preponderance of the evidence by the Enforcement officer that the
applicant has not been convicted of any "specified criminal activity" as defined in this
Ordinance, or committed any act during the existence of the previous license which
would be grounds to deny the initial license application. The decision whether to renew
a business license shall be made within forty-five (45) days of the completed
application. The renewal of a license shall be subject to the fee as set forth in "ARTICLE
III, Fees".
Any determination by the Enforcement officer with respect to the renewal of a sexually
oriented business license must conform to the duties and rights set forth in "ARTICLE
III, Issuance of License" (h). Furthermore, the applicant for a renewal of a license shall
have the same rights with respect to renewal as those set forth in "ARTICLE 111,
Issuance of License" (i). During the pendency of any appeal, the parties shall maintain
the status quo unless in the interim, a court issues an injunction pursuant to "ARTICLE
XXIV, Injunction".
ARTICLE V. Fees.
The annual fee for a sexually oriented business license, whether new or renewal, is two
hundred fifty dollars ($250.00). The annual fee for a sexually oriented business
employee license, whether new or renewal, is twenty-five dollars ($25.00). These fees
are to be used to pay for the cost of the administration and enforcement of this
Ordinance.
ARTICLE VI. Inspection.
(a) An applicant or licensee shall permit representatives of the police department, fire
department, code enforcement department, or other city or state departments or
agencies to inspect the premises of a sexually oriented business for the purpose of
insuring compliance with the law, at any time it is open for business.
(b) No person who operates a sexually oriented business nor his agents or employees
shall refuse to promptly permit such lawful inspection of the premises.
(c) A person convicted of violation of this section shall be subject to the misdemeanor
penalties as set out in the Batesville Municipal Code.
f ARTICLE VII. Expiration of license.
♦,, (a) Each business license shall expire one (1) year from the date of issuance and may
be renewed only by making application as provided in "ARTICLE III, License Required",
and by payment of the fee set forth in "ARTICLE III, Fees". Upon filing of an application
for renewal of a business license, the existing business license shall remain in effect
until a final determination on the application for renewal is made as set forth in
"ARTICLE IV, Issuance of License" (j).
(b) Each sexually oriented business employee license shall expire one year from the
date of issuance and may be renewed only by making application as provided in
"ARTICLE III, License Required" , and by payment of the fee set forth in "ARTICLE V,
Fees". Upon filing an application for renewal of a business employee license, the
existing license shall remain in effect until a final determination on the application for
renewal is made as set forth in "ARTICLE IV, Issuance of License"(j).
(c) The applicant shall not be issued a license for one (1) year from the date of a final
denial if such denial is not appealed, or for one (1) year from the date of a final
determination by the appropriate appeals tribunal if the denial is appealed and is upheld
on that appeal.
Any determination with respect to the renewal of a license must conform to the duties
and rights set forth in "ARTICLE IV, Issuance of License" of this Ordinance.)
�, ARTICLE VIII. Assessment of fines.
The Enforcement officer shall fine a business licensee and/or any person who is an
operator as the case may be, in accordance with City Ordinance #2005-11-1 for each
offense where he determines by clear and convincing evidence that:
(1) A business licensee or an individual operator knew or should have known of
the possession, use or sale of controlled substances in the establishment;
(2) A business licensee or an individual operator knew or should have known of
the sale, use or consumption of alcoholic beverages in the establishment;
(3) A business licensee or an individual operator knew or should have known of
nudity or specified sexual activities occurring in the establishment; or
(4) A business licensee or an individual operator knew or should have known of
a person under eighteen (18) years of age entering the establishment.
It is not the intent of this Ordinance for the Enforcement officer to impose a fine upon a
business licensee for the occurrence of incidents outside the actual knowledge of the
business licensee.
If the business licensee or the same individual operator of a sexually oriented business
is fined (and such fine(s) are upheld after judicial review pursuant to "ARTICLE XXI,
Judicial Review" for the same offense three (3) times or more, and the dates of these
offenses have occurred within a twelve (12) month period, the business licensee or the
individual operator, as the case may be, shall be suspended in accordance with
"ARTICLE XIV, Suspension" . For purposes of ARTICLE VIII, ARTICLE IX, and
ARTICLE X, multiple incidents of the same nature which would constitute a violation of
any of the provisions set forth in (1) through (4) above, shall be considered as only one
(1) offense if they occur within the same business day.
In the event that the Enforcement officer determines that one of the above described
offenses has occurred and determines that the assessment of a fine against the
business licensee or an individual operator is appropriate, the Enforcement officer must
give notice in writing by certified mail, return receipt requested, of each of the above
reasons which support the assessment of a fine, including the date or dates when each
such incident occurred. Such notice shall be given within thirty (30) days of the incident
or incidences for which the business is being cited, or within thirty (30) days of the
conclusion of the Enforcement officer's investigation, whichever is earlier.
A licensee may appeal the decision of the Enforcement officer regarding the
assessment of a fine to the City Council by filing a written notice of appeal with the city
clerk within fifteen (15) days after service of notice upon the licensee of the
Enforcement officer's decision. The notice of appeal shall be accompanied by a
memorandum or other writing setting out fully the grounds for such appeal and all
arguments in support thereof. The Enforcement officer may, within fifteen (15) days of
service upon him of the licensee's memorandum, submit a memorandum in response to
the memorandum filed by the licensee on appeal to the City Council. After reviewing
such memoranda, as well as the Enforcement officer's written decision, if any, and
exhibits submitted to the Enforcement officer, the City Council shall vote either to uphold
or overrule the Enforcement officer's decision. Such a vote shall be taken within twenty-
one (21) calendar days after the date on which the city clerk receives the notice of
appeal. Judicial review of a fine by the Enforcement officer and the City Council may be
made pursuant to "ARTICLE XI, Judicial Review" of this Ordinance.
Furthermore, judicial review of a suspension by the Enforcement officer and the City
Council may be made pursuant to "ARTICLE XI, Judicial Review" of this Ordinance.
During the pendency of the appeal, the status quo shall be maintained such that the
licensee shall continue to be allowed to operate its business pursuant to its license and
pursuant to this Ordinance. This section in no way is intended to replace or substitute
for other criminal penalties which may apply under local, state or federal law for any of
the activities enumerated above.
ARTICLE VIV Suspension.
The Enforcement officer shall suspend the license of a business licensee and/or any
person who is an operator, as the case may be, for a period not to exceed thirty (30)
days if he determines by clear and convincing evidence that:
(1) A business licensee intentionally answered falsely a material question or
request for information during the application process;
(2) A business licensee or an individual operator is convicted of a "specified
criminal activity" on a charge that was pending prior to the issuance of the
license;
(3) A business licensee or an individual operator has, with knowledge, permitted
prostitution on the premises;
(4) A business licensee or an individual operator has been fined for the same
offense, of those offenses listed in "ARTICLE VIII. Assessment of fines", three (3)
times or more, and the dates of those offenses occurred within a twelve-month
period; or
(5) A business licensee or an individual operator is overdue in payment to the
city of taxes, fees, fines, or penalties assessed against or imposed upon him/her
in relation to any business. A licensee found in violation in this regard will have all
rights and remedies set forth in "ARTICLE IV, Issuance of License" (h) to attempt
to remedy any such deficiency before any suspension of the license may occur.
If a business licensee is suspended by the Enforcement officer more than one time in a
twelve-month period, the license shall be revoked in accordance with "ARTICLE X,
Revocation".
In the event that the Enforcement officer determines that one (1) of the above described
incidents has occurred, and determines that suspension of the business license is
appropriate, the Enforcement officer must give notice in writing by certified mail, return
receipt requested, of each of the above reasons which support the suspension of the
business license, including the date or dates when each such incident occurred. Such
notice shall be given within thirty (30) days of the incident or incidences for which the
business is being cited, or within thirty (30) days of the conclusion of the Enforcement
officer's investigation, whichever is earlier.
A licensee may appeal the decision of the Enforcement officer regarding a suspension
to the City Council by filing a written notice of appeal with the city clerk within fifteen (15)
days after service of notice upon the licensee of the Enforcement officer's decision. The
notice of appeal shall be accompanied by a memorandum or other writing setting out
fully the grounds for such appeal and all arguments in support thereof. The Enforcement
officer may, within fifteen (15) days of service upon him of the licensee's memorandum,
submit a memorandum in response to the memorandum filed by the licensee on appeal
to the City Council. After reviewing such memoranda, as well as the Enforcement
officer's written decision, if any, and exhibits submitted to the Enforcement officer, the
City Council shall vote either to uphold or overrule the Enforcement officer's decision.
Such a vote shall be taken within twenty-one (21) calendar days after the date on which
the city clerk receives the notice of appeal.
Judicial review of a suspension by the Enforcement officer and the City Council may be
made pursuant to "ARTICLE XI, Judicial Review" of this Ordinance. During the
pendency of the appeal, the status quo shall be maintained such that the licensee shall
continue to be allowed to operate its business pursuant to its license and pursuant to
this Ordinance.
ARTICLE X Revocation.
The Enforcement officer shall revoke a license for one (1) year from the date the
revocation becomes effective if he determines that any of the grounds for suspension
set forth in "ARTICLE IX, Suspension", is proven by clear and convincing evidence, and
that the license has already been suspended within the preceding twelve (12) months;
or that the business operated while its license was suspended.
A licensee may appeal the decision of the Enforcement officer regarding a revocation to
the City Council by filing a written notice of appeal with the city clerk within fifteen (15)
days after service of notice upon the licensee of the Enforcement officer's decision. The
notice of appeal shall be accompanied by a memorandum or other writing setting out
fully the grounds for such appeal and all arguments in support thereof. The Enforcement
officer may, within fifteen (15) days of service upon him of the licensee's memorandum,
submit a memorandum in response to the memorandum filed by the licensee on appeal
to the City Council. After reviewing such memoranda, as well as the Enforcement
officer's written decision, if any, and exhibits submitted to the Enforcement officer, the
City Council shall vote either to uphold or overrule the Enforcement officer's decision.
• Such a vote shall be taken within twenty-one (21) calendar days after the date on which
the city clerk receives the notice of appeal.
Judicial review of a revocation by the Enforcement officer and City Council may be
made pursuant to "ARTICLE XI, Judicial Review" of this Ordinance. During the
pendency of the appeal, the status quo shall be maintained such that the licensee shall
continue to be allowed to operate its business pursuant to its license and pursuant to
this Ordinance.
ARTICLE XI. Judicial review.
After denial of an initial or renewal application by the Enforcement officer and the City
Council, or upon a fine, suspension or revocation by the Enforcement officer and the
City Council, the applicant or licensee may seek judicial review in any court of
competent jurisdiction.
(1) Time for taking appeal. All appeals from the City Council to a court of
competent jurisdiction must be filed in the office of the clerk of the particular court
having jurisdiction of the appeal within thirty (30) days from the date of the vote
by the City Council.
(2) How taken. An appeal from the City Council to a court of competent
jurisdiction shall be taken by filing the record of the findings and proceedings of
• the Enforcement officer and the City Council, to the extent such a record is
available. It shall be the duty of the city clerk to prepare and certify such record
when requested by the appellant, and upon payment of any fees authorized by
law therefore. The appellant shall have the responsibility of filing such record in
the office of the clerk of the court of competent jurisdiction.
(3) No record available. When the city clerk neglects or refuses to prepare and
certify a record for filing in a court of competent jurisdiction, the person desiring
an appeal may perfect the appeal on or before the thirtieth day from the date of
the vote by the City Council by filing an affidavit in the office of the clerk of the
court of competent jurisdiction showing that he has requested the city clerk to
prepare and certify the records for purposes of appeal, and that the city clerk has
neglected to prepare and certify such records for purposes of appeal. A copy of
such affidavit shall be promptly served upon the city clerk and upon the adverse
party.
ARTICLE XII. No transfer of license.
A licensee shall not transfer his/her license to any person who has not obtained a
license, nor shall a business licensee operate a sexually oriented business under the
authority of a sexually oriented business license at any place other than the address
designated in the application. This section is not intended to prevent a business
licensee from being allowed to sell, assign or transfer ownership or control of his/her
• business to another person already possessing a valid sexually oriented business
license. It is intended only to prevent the sale, assignment, or transfer of ownership or
control of a license by the licensee, or of the business to a nonlicensee.
ARTICLE XIII. Location restrictions.
Sexually oriented businesses not already lawfully operating on the effective date of this
Ordinance shall be permitted only in zoning districts Industrial I, Light Industrial District
and Industrial ll, General Industrial District subject to the following:
(1) The sexually oriented business may not be operated within:
a. One thousand (1,000) feet of a church;
b. One thousand (1,000) feet of a church sponsored youth activity center;
c. One thousand (1,000) feet of a public or private elementary,
secondary or post-secondary school or pre-school;
d. One thousand (1 ,000) feet of a public park;
e. One thousand (1,000) feet of a museum;
d. One thousand (1,000) feet of a licensed day-care center;
e. One thousand (1,000) feet of an entertainment business that is
oriented primarily towards children;
f. One thousand (1,000) feet of a boundary of any residential
District;
g. One thousand (1,000) feet of a boundary of any commercial or
traditional business district or a property legally used as a residential
use in said commercial or traditional business use;
• h. One thousand (1,000) feet of a boundary of a local historic residential
district;
i. One thousand (1,000) feet of a boundary of a public park;
j. One thousand (1,000) feet of a boundary of any facility primarily used
or attended by persons under the age of eighteen (18).
k. One thousand (1,000) feet of a property on the National
Register of Historic Places;
I. One thousand (1 ,000) feet of a property, place or establishment
that sells or dispenses any alcoholic beverage; or
m. One thousand (1 ,000) feet of another sexually oriented
business.
(2) A sexually oriented business may not be operated in the same building,
structure, or portion thereof, containing another sexually oriented business
classified pursuant to "ARTICLE II, Classification"
(3) For the purpose of this Ordinance, measurement shall be made in a straight
line, without regard to intervening structures or objects, from the nearest property
of the premises where sexually oriented business is conducted, to the nearest
property line of a use or a district in (1) and (2) above.
4L ARTICLE XIV. Additional regulations for adult motels.
(a) Evidence that a sleeping room in a hotel, motel, or a similar commercial enterprise
has been rented and vacated two or more times in a period of time that is less than ten
(10) hours creates a rebuttable presumption that the enterprise is an adult motel as that
term is defined in this chapter.
(b) A person in control of an adult motel must have a sexually oriented business
license or be subject to penalties as set forth below.
(c) For purposes of subsection (b) of this section, the terms "rent" or "subrent" mean
the act of permitting a room to be occupied for any form of consideration.
(d) Any person convicted of the violation of subsection (b) of this section shall be
subject to misdemeanor penalties as set out in the Municipal Code.
ARTICLE XV. Additional regulations for escort agencies.
(a) An escort agency shall not employ any person under the age of eighteen (18)
years.
(b) A person shall not act as an escort or agree to act as an escort for any person
under the age of eighteen (18) years.
(c) A person convicted of a violation of any provision of this section shall be subject to
the misdemeanor penalties as set out in the Municipal Code.
ARTICLE XVI. Additional regulations for nude model studios.
(a) A nude model studio shall not employ any person under the age of eighteen (18)
years.
(b) A person under the age of eighteen (18) years shall not appear semi-nude or in a
state of nudity in or on the premises of a nude model studio. It is a defense to
prosecution under this subsection if the person under eighteen (18) years was in a
restroom not open to the public view or visible by any other person.
(c) A person shall not appear in a state of nudity, or with knowledge, allow another to
appear in a state of nudity in an area of a nude model studio premises which can be
viewed from the public right of way.
(d) A nude model studio shall not place or permit a bed or mattress in any room on the
premises.
(e) A person convicted of the violation of any provision of this section shall be subject
to the misdemeanor penalties as set out in the Batesville Municipal Code.
• ARTICLE XVII. Additional regulations concerning public nudity.
i
way mirror. If the premises has two (2) or more manager's stations designated,
• then the interior of the premises shall be configured in such a manner that there
is an unobstructed view of the entire area of the premises to which any patron is
permitted access for any purpose from at least one (1) of the manager's stations.
The view required in this subsection must be by direct line of sight from the
manager's station.
(6) It shall be the duty of the operator, and it shall also be the duty of any agents
and employees present in the premises, to ensure that the view area specified in
subsection (5) of this section remains unobstructed by any doors, walls,
merchandise, display racks, curtains, or other materials at all times and to ensure
that no patron is permitted access to any area of the premises that has been
designated as an area in which patrons will not be permitted, as designated in
the application filed pursuant to subsection (1) of this section.
(7) No viewing room may be occupied by more than one (1) person at any time.
(8) The premises shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate every place to which patrons are permitted access at an
illumination of not less than five (5.0) foot-candle as measured at the floor level.
(9) It shall be the duty of the operator, and it shall also be the duty of any agents
1� and employees present in the premises, to ensure that the illumination described
%W above is maintained at all times that any patron is present in the premises.
(10) No licensee or operator shall knowingly allow an opening of any kind to
exist between viewing rooms or booths.
(11) The operator of the sexually oriented business shall, during each business
day, inspect the walls between the viewing booths to determine if any openings
or holes exist.
(12) The operator of the sexually oriented business shall cause all floor
coverings in viewing booths to be nonporous, easily cleanable surfaces, with no
rugs or carpeting.
(13) The operator of the sexually oriented business shall cause all wall surfaces
and ceiling surfaces in viewing booths to be constructed of, or permanently
covered by, nonporous, easily cleanable material. no wood, plywood,
composition board or other porous material shall be used within forty-eight (48)
inches of the floor.
(b) A person having a duty under subsection (a)(1) through (a)(13) of this section who
is convicted of failing, with knowledge, to fulfill that duty shall be subject to the
• misdemeanor penalties as set out in the Batesville Municipal Code.
ARTICLE XIV. Exterior portions of and signage for sexually oriented businesses.
(a) No owner or operator of a sexually oriented business shall allow the merchandise
or activities of the establishment to be visible from a point outside the establishment.
(b) No owner or operator of a sexually oriented business shall allow the exterior portion
of the sexually oriented business to have any photographs of any person in a state of
nudity or engaging in any specified sexual activity, nor shall such owner or operator
allow the exterior portion of the sexually oriented business to have any pictorial or other
representations of any kind of any person in a state of nudity or engaging in any
specified sexual activity.
(c) Notwithstanding any other city ordinance, code, or regulation to the contrary, the
operator of any sexually oriented business or any other person shall not erect,
construct, or maintain any sign for the sexually oriented business other than the one (1)
primary sign and one (1) secondary sign, as provided herein.
(d) Primary signs shall have no more than two (2) display surfaces. Each such display
surface shall:
(1) Conform with any applicable city sign code;
(2) Be a flat plane, rectangular in shape; and
(3) Not exceed seventy-five (75) square feet in area.
(e) Primary signs shall contain no photographs, and shall contain no pictorial or other
�r representations of any kind of any person in a state of nudity or engaging in any
specified sexual activity.
(f) Secondary signs shall have no more than one (1) display surface. Such display
surface shall:
(1) Conform with any applicable city sign code;
(2) Be a flat plane, rectangular in shape;
(3) Not exceed twenty (20) square feet in area;
(4) Not exceed five (5) feet in height and four (4) feet in width; and
(5) Be affixed or attached to any wall or door of the enterprise.
(g) The provisions of subsection (e) above shall also apply to secondary signs.
(h) A person convicted of the violation of any provision of this section shall be subject
to the misdemeanor penalties as set out in the Batesville Municipal Code.
ARTICLE XX. Sale, use or consumption of alcoholic beverages prohibited.
(a) The sale, use or consumption of alcoholic beverages on the premises of a sexually
oriented business is prohibited.
(b) A person convicted of the violation of this section shall be subject to the
• misdemeanor penalties as set out in the Batesville Municipal Code.
ARTICLE XXI Persons younger than eighteen (18) prohibited from entry;
attendant required.
(a) No person shall allow a person who is younger than eighteen (18) years of age to
enter or be on the premises of a sexually oriented business at any time the sexually
oriented business is open for business.
(b) It shall be the duty of the business license and/or operator of each sexually
oriented business to ensure that an attendant is stationed at each public entrance to the
sexually oriented business at all times during such sexually oriented businesses' regular
business hours. It shall be the duty of the attendant to prohibit any person under the age
of eighteen (18) years from entering the sexually oriented business. It shall be a
rebuttable presumption that a person knew a person was under the age of eighteen(18)
unless the attendant asked for and was furnished:
(1) A valid operator's, commercial operator's, or chauffeur's driver's license
issued by any state reflecting that such person is eighteen (18) years of age or
older; or
(2) A valid personal identification certificate issued by any state reflecting that
such person is eighteen (18) years of age or older.
(c) It shall be unlawful for any person under the age of eighteen (18) years to
misrepresent such person's age for the purpose of entering the premises of a sexually
oriented business at any time the sexually oriented business is open for business.
(d) A person convicted of the violation of any provision of this section shall be subject
to the misdemeanor penalties as set out in the Batesville Municipal Code.
ARTICLE XXII. Massages or baths.
It shall be unlawful for any business operating as a sexually oriented business to offer
the services of a massage salon, massage parlor or any similar type business where
any physical contact with the recipient of such services is provided by a person of the
opposite sex, or where any physical contact with the recipient of such services
constitutes specified sexual activities, regardless of the gender of the recipient or the
provider of the service. A person convicted of the violation of any provision of this
section shall be subject to the misdemeanor penalties as set out in the Batesville
Municipal Code.
ARTICLE XXIII. Hours of operation.
No sexually oriented business, except for an adult motel, may remain open at any time
between the hours of 5:00 a.m. and 11:00 a.m.
ARTICLE XXIV. Exemptions.
It is a defense to prosecution under this Ordinance that a person appearing in a state of
nudity or semi-nudity did so in a modeling class operated:
(a) A person shall not appear in person in a state of nudity or semi-nudity in a sexually
oriented business.
(b) A person shall not engage in any specified sexual activity in a sexually oriented
business.
(c) A person convicted of the violation of any provision of this Section shall be subject
to the misdemeanor penalties as set out in the Batesville Municipal Code.
ARTICLE XVIII. Regulations pertaining to exhibition of sexually explicit films and
videos.
(a) A person who operates or causes to be operated a sexually oriented business,
other than an adult motel, which exhibits on the premises in a viewing room of less than
one hundred (150) square feet of floor space, a film, video cassette, or other video
reproduction that depicts specified sexual activities or specified anatomical areas, shall
comply with the following requirements:
(1) Upon application for a sexually oriented business license, the application
shall be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one (1) or more manager's stations and the location of
all overhead lighting fixtures and designating any portion of the premises in which
patrons will not be permitted. A manager's station may not exceed thirty-two (32)
square feet of floor area. The diagram shall also designate the place at which the
business license will be conspicuously posted, if granted. A professionally
prepared diagram in the nature of an engineer's or architect's blueprint shall not
be required; however, each diagram should be oriented to the north or to some
designated street or object and should be drawn to a designated scale or with
marked dimensions sufficient to show the various internal dimensions of all areas
of the interior of the premises to an accuracy of plus or minus six (6) inches. The
Enforcement officer may waive the foregoing diagram for renewal applications if
the applicant adopts a diagram that was previously submitted and certifies that
the configuration of the premises has not been altered since it was prepared.
(2) The application shall be sworn to be true and correct by the applicant.
(3) No alteration in the configuration or location of a manager's station may be
made without the prior approval of the Enforcement officer or his designee.
(4) It is the duty of the owners and operator of the premises to ensure that at
least one (1) employee is on duty and situated in each manager's station at all
times that any patron is present inside the premises.
(5) The interior of the premises shall be configured in such a manner that there
is an unobstructed view from a manager's station of the entire area of the
• premises to which any patron is permitted access for any purpose excluding
restrooms. Restrooms may not contain video reproduction equipment and/or two-
• (1) By a proprietary school, licensed by the state, a college, junior college, or
university supported entirely or partly by taxation;
(2) By a private college or university that maintains and operates educational
programs in which credits are transferable to a college, junior college, or
university supported entirely or partly by taxation.
ARTICLE XXV. Notices.
(a) Any notice required or permitted to be given by the Enforcement officer or any
other city office, Ordinance, department or other agency under this Ordinance to any
applicant, licensee operator or owner of a sexually oriented business must be given by
certified United States mail, postage prepaid, return receipt requested, addressed to the
most recent address as specified in the application for the license, or in any subsequent
notice of address change that has been received by the Enforcement officer. Notices
mailed as above shallbe deemed given upon their receipt in the United States mail. In
the event that any notice given by mail is returned by the postal service, the
Enforcement officer or his designee shall cause it to be posted at the principal entrance
to the establishment, and notice will be considered received upon the date of such
posting.
(b) A license may designate an agent for service and notify the Enforcement officer of
the identity and address of the agent for service. In such event, notices are subject to
the requirement of subsection (a) above, except that notice shall be made at the
�+ address of the designated agent for service.
(c) Any notice required or permitted to be given to the Enforcement officer by any
person under this Ordinance shall not be deemed given until and unless it is received in
the office of the Enforcement officer.
(d) It shall be the duty of each owner who is designated on the license application and
each operator to furnish notice to the Enforcement officer in writing of any change of
residence or mailing address.
ARTICLE XXVI. Injunction.
A person who operates or causes to be operated a sexually oriented business without a
valid business license, or a business shown by clear and convincing evidence to be
engaging in a regular pattern or practice of violations of this Ordinance, is subject to a
suit for injunction as well as prosecution for criminal violations. Each day a sexually
oriented business so operates, or each day a person so acts in violation of a provision
of this Ordinance, is to be considered a separate offense or violation.
ARTICLE XXVII. Severability
In the event any title, section, paragraph, item, sentence clause, phrase, or word
of this ordinance is declared or adjudged to be invalid or unconstitutional, such
declaration or adjudication shall not affect the remaining portions of the ordinance,
which shall remain in full force and affect as if the portion so declared or adjudged
invalid or unconstitutional were not originally a part of the ordinance.
ARTICLE XXVIII. Emergency Clause
Due to the nature of having a timely ordinance of this kin concerning this subject,
it is determined that this would be in the public interest, welfare and safety of our
citizens, an emergency is hereby declared to exist and this ordinance shall be in full
force and effect from and after its passage.
ADOPTED THIS 28th day of March, 2006
APPROVED:
*JOEARD, MAYOR
ATTEST:
DENISE JOHNSTON, CIT CLERK