(a)

The city commission of the City of Red Bank, Tennessee, finds:

(1)

That homogeneous and heterogeneous masturbatory acts and other sexual acts, including oral sex acts, have been being done in adult-oriented establishments in the City of Chattanooga.

(2)

The City of Red Bank is geographically unique in that its city limits are geographically surrounded by the City of Chattanooga and Red Bank is in effect a political island encompassed by the City of Chattanooga.

(3)

That offering and providing such space, areas, and rooms where such activities may take place creates or potentially creates conditions that generate prostitution and other crimes.

(4)

That several days and nights of the week such adult-oriented establishments, particularly adult book stores containing mini-motion picture facilities, in the City of Chattanooga are or have been historically overcrowded and contained more persons than such structures can safely accommodate resulting in a definite fire hazard since in the event of fire such persons would not be able to safely leave all the cubicles, booths and rooms of such establishments.

(5)

That male prostitutes, particularly teenage males, have frequented said establishments for the purpose of providing, within the premises of such establishments, sex-for-hire.

(6)

That permitting unregulated operation of adult-oriented establishments in the City of Red Bank would be detrimental to the general welfare, health, and safety of the citizens of the City of Red Bank.

(7)

That there exists the undesirable probability and/or possibility of spill over and location of same or all of such undesirable activities from the City of Chattanooga to the City of Red Bank if and in the event that reasonable and lawful regulation of such (possible) situations are not duly regulated in the City of Red Bank and Red Bank's ordinances regarding same are not updated.

(8)

That Red Bank's Ordinances regulating such activities and/or potential activities, occurrences and/or business have not been updated in several years.

(b)

It is the purpose of this chapter to promote and secure the general welfare, health, and safety of the citizens of the City of Red Bank and so as not to allow an unregulated or under-regulated exception to the surrounding City of Chattanooga's regulation of such activities and related businesses.

(Ord. No. 20-1172, § II, 7-7-2020)

For the purpose of this chapter, the words and phrases used herein shall have the following meanings, unless otherwise clearly indicated by the context:

(a)

Adult-oriented establishment includes, but is not limited to sexually explicit establishments which cater to an exclusively or predominantly adult clientele and offer adult entertainment for business purposes such as: adult bookstores, adult motion picture theaters, adult cabarets, escort agencies, sexual encounter centers, massage parlors, adult saunas, adult video stores, and other enterprises which regularly feature materials, acts or displays involving complete nudity or exposure of the "specified anatomical areas" hereinbelow defined and/or sexual excitement or enticement. Adult-oriented establishment further includes, without being limited to, any adult entertainment studio or any premises that is physically arranged and used as such, whether advertised or represented as an adult entertainment studio, exotic dance studio, encounter studio, sensitivity studio, model studio, escort service, lingerie studio or any other term of like import which regularly feature materials, acts or displays involving complete nudity or exposure of the "specified anatomical areas" herein below defined for sexual excitement or enticement as a business purpose.

(b)

Adult bookstore means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, sexual devices, video cassettes, compact discs, digital video discs, slides, or other visual representations of sexual conduct which are characterized by their emphasis on the display of "specified sexual activities" or "specified anatomical areas" (as defined below) and in conjunction therewith have facilities for the presentation of adult entertainment, as defined below, and including adult-oriented films, movies, or live entertainment, for observation by patrons therein. A business purpose for purposes of these definitions shall be a principal business purpose if any one or more of the following criteria applies:

(1)

A principal portion of the business's displayed merchandise consists of the foregoing enumerated items; or

(2)

A principal portion of the wholesale value of the business's displayed merchandise consists of the foregoing enumerated items; or

(3)

A principal portion of the retail value of the business's displayed merchandise consists of the foregoing enumerated items; or

(4)

A principal portion of the business's revenues derive from the sale or rental for any form of consideration, of the foregoing enumerated items; or

(5)

A principal portion of the business's interior business space is used for the display, sale, or rental of the forgoing enumerated items; or

(6)

The business regularly features the foregoing enumerated items, and prohibits access by minors, because of age, to the premises, and/or advertises itself as offering "adult" or "XXX" or "X-rated" or "erotic" or "sexual" or "sensual" or "pornographic" material on signage visible from a public right-of-way.

(c)

Adult cabaret means any restaurant, bar, dance hall, nightclub or other such public place which as one of its principal business purposes regularly features entertainment of an erotic nature, including exotic dancers, go-go dancers, strippers, male or female impersonators or similar entertainers, and prohibits access by minors, because of age, to the premises, and/or advertises itself as offering "adult" or "XXX" or "X-rated" or "erotic" or "sexual" or "sensual" or "pornographic" material on signage visible from a public right-of-way. A business purpose for purposes of these definitions shall be a principal business purpose if any one or more of the following criteria applies:

(1)

A principal portion of the business's displayed merchandise consists of the foregoing enumerated items; or

(2)

A principal portion of the wholesale value of the business's displayed merchandise consists of the foregoing enumerated items; or

(3)

A principal portion of the retail value of the business's displayed merchandise consists of the foregoing enumerated items; or

(4)

A principal portion of the business's revenues derive from the sale or rental for any form of consideration, of the foregoing enumerated items; or

(5)

A principal portion of the business's interior business space is used for the display, sale, or rental of the forgoing enumerated items; or

(6)

The business regularly features the foregoing enumerated items, and prohibits access by minors, because of age, to the premises, and/or advertises itself as offering "adult" or "XXX" or "X-rated" or "erotic" or "sexual" or "sensual" or "pornographic" material on signage visible from a public right-of-way.

(d)

Adult mini-motion picture theater means an enclosed building with a capacity of less than 50 persons regularly used for its principal business purposes to present material distinguished or characterized by an emphasis on matter depicting, describing or relating to "sexual conduct," "specified sexual activities" or "specified anatomical areas," as defined below, for observation by patrons therein. A business purpose for purposes of these definitions shall be a principal business purpose if any one or more of the following criteria applies:

(1)

A principal portion of the business's displayed merchandise consists of the foregoing enumerated items; or

(2)

A principal portion of the wholesale value of the business's displayed merchandise consists of the foregoing enumerated items; or

(3)

A principal portion of the retail value of the business's displayed merchandise consists of the foregoing enumerated items; or

(4)

A principal portion of the business's revenues derive from the sale or rental for any form of consideration, of the foregoing enumerated items; or

(5)

A principal portion of the business's interior business space is used for the display, sale, or rental of the forgoing enumerated items; or

(6)

The business regularly features the foregoing enumerated items, and prohibits access by minors, because of age, to the premises, and/or advertises itself as offering "adult" or "XXX" or "X-rated" or "erotic" or "sexual" or "sensual" or "pornographic" material on signage visible from a public right-of-way.

(e)

Adult motion picture theater means any public place, whether open or enclosed, which is used as one of its principal business purposes for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "sexual conduct," "specified sexual activities" or "specified anatomical areas" (as defined below) for observation by patrons therein. A business purpose for purposes of these definitions shall be a principal business purpose if any one or more of the following criteria applies:

(1)

A principal portion of the business's displayed merchandise consists of the foregoing enumerated items; or

(2)

A principal portion of the wholesale value of the business's displayed merchandise consists of the foregoing enumerated items; or

(3)

A principal portion of the retail value of the business's displayed merchandise consists of the foregoing enumerated items; or

(4)

A principal portion of the business's revenues derive from the sale or rental for any form of consideration, of the foregoing enumerated items; or

(5)

A principal portion of the business's interior business space is used for the display, sale, or rental of the forgoing enumerated items; or

(6)

The business regularly features the foregoing enumerated items, and prohibits access by minors, because of age, to the premises, and/or advertises itself as offering "adult" or "XXX" or "X-rated" or "erotic" or "sexual" or "sensual" or "pornographic" material on signage visible from a public right-of-way.

(f)

Adult video store means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one of the following: photographs, films, motion pictures, sexual devices, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis on the display of "sexual conduct," "specified sexual activities" or "specified anatomical areas" (as defined below). A business purpose for purposes of these definitions shall be a principal business purpose if any one or more of the following criteria applies:

(1)

A principal portion of the business's displayed merchandise consists of the foregoing enumerated items; or

(2)

A principal portion of the wholesale value of the business's displayed merchandise consists of the foregoing enumerated items; or

(3)

A principal portion of the retail value of the business's displayed merchandise consists of the foregoing enumerated items; or

(4)

A principal portion of the business's revenues derive from the sale or rental for any form of consideration, of the foregoing enumerated items; or

(5)

A principal portion of the business's interior business space is used for the display, sale, or rental of the forgoing enumerated items; or

(6)

The business regularly features the foregoing enumerated items, and prohibits access by minors, because of age, to the premises, and/or advertises itself as offering "adult" or "XXX" or "X-rated" or "erotic" or "sexual" or "sensual" or "pornographic" material on signage visible from a public right-of-way.

(g)

City commission means the city commission of the City of Red Bank, Tennessee.

(h)

Employee means any and all persons, including independent contractors, who work in or at or render any services directly related to the operation of an adult-oriented establishment.

(i)

Entertainer means any person who provides entertainment within an adult-oriented establishment as defined in this section, whether or not a fee is charged or accepted for entertainment and whether or not entertainment is provided as an employee or an independent contractor.

(j)

Adult-entertainment means any exhibition of any adult-oriented motion picture, live performance, display or dance of any type that has as a principal portion of such performance, any actual or simulated performance of specified sexual activities or sexual conduct exhibition and viewing of any specified anatomical areas, removal of articles of clothing or appearing unclothed, including pantomime, modeling, or any other personal service offered customers involving exhibition and viewing of specified anatomical areas.

(k)

Operator means any person, partnership, or corporation operating, conducting or maintaining an adult-oriented establishment.

(l)

Principal portion means at least 33⅓ percent of the matter, products, conduct and/or thing so described, whenever such term is used in this title.

(m)

Sauna means an establishment or place which as one of its principal business purposes is in the business of providing:

(1)

A steam bath; or

(2)

Massage and/or reasonably related services or conduct.

A business purpose for purposes of these definitions shall be a principal business purpose if any one or more of the following criteria applies:

(1)

A principal portion of the business's displayed merchandise consists of the foregoing enumerated items; or

(2)

A principal portion of the wholesale value of the business's displayed merchandise consists of the foregoing enumerated items; or

(3)

A principal portion of the retail value of the business's displayed merchandise consists of the foregoing enumerated items; or

(4)

A principal portion of the business's revenues derive from the sale or rental for any form of consideration, of the foregoing enumerated items; or

(5)

A principal portion of the business's interior business space is used for the display, sale, or rental of the forgoing enumerated items; or

(6)

The business regularly features the foregoing enumerated items, and prohibits access by minors, because of age, to the premises, and/or advertises itself as offering "adult" or "XXX" or "X-rated" or "erotic" or "sexual" or "sensual" or "pornographic" material on signage visible from a public right-of-way.

(n)

School means an academic learning center, whether public or private, from the level of nursery through twelfth grade and including secondary education centers, not limited to, but including, community colleges and universities.

(o)

Sexual conduct means the engaging in or the commission of an act of sexual intercourse, oral-genital contact, or the touching of the sexual organs, pubic region, buttocks or female breast of a person for the purpose of arousing or gratifying the sexual desire of another person.

(p)

Sexual device means any three-dimensional object primarily designed and marketed for the stimulation of the male or female human genital organs or anus, and shall include three-dimensional reproductions or representations of the human genital organs or anus. Nothing in this definition shall be construed to include devices primarily intended for protection against sexually transmitted diseases or for prevention of pregnancy.

(q)

Sexual device shop means a commercial establishment that regularly features sexual devices or offers for sale sexual devices as a principal portion of it business purpose. Nothing in this definition shall be construed to include any pharmacy, drug store, medical clinic, or any establishment primarily dedicated to providing medical or healthcare products or services, nor shall this definition be construed to include commercial establishments which do not restrict access to any portion of their premises to minors by reason of age. A business purpose for purposes of these definitions shall be a principal business purpose if any one or more of the following criteria applies:

(1)

A principal portion of the business's displayed merchandise consists of the foregoing enumerated items; or

(2)

A principal portion of the wholesale value of the business's displayed merchandise consists of the foregoing enumerated items; or

(3)

A principal portion of the retail value of the business's displayed merchandise consists of the foregoing enumerated items; or

(4)

A principal portion of the business's revenues derive from the sale or rental for any form of consideration, of the foregoing enumerated items; or

(5)

A principal portion of the business's interior business space is used for the display, sale, or rental of the forgoing enumerated items; or

(6)

The business regularly features the foregoing enumerated items, and prohibits access by minors, because of age, to the premises, and/or advertises itself as offering "adult" or "XXX" or "X-rated" or "erotic" or "sexual" or "sensual" or "pornographic" material on signage visible from a public right-of-way.

(r)

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;

(2)

Physical contact between male and female persons or persons of the same sex when one or more of the persons exposes to view of the persons within such establishment, at any time, the bare female breast below a point immediately above the top of the areola, human genitals, pubic region, or buttocks, even if partially covered by opaque material or completely covered by translucent material.

A business purpose for purposes of these definitions shall be a principal business purpose if any one or more of the following criteria applies:

(1)

A principal portion of the business's displayed merchandise consists of the foregoing enumerated items; or

(2)

A principal portion of the wholesale value of the business's displayed merchandise consists of the foregoing enumerated items; or

(3)

A principal portion of the retail value of the business's displayed merchandise consists of the foregoing enumerated items; or

(4)

A principal portion of the business's revenues derive from the sale or rental for any form of consideration, of the foregoing enumerated items; or

(5)

A principal portion of the business's interior business space is used for the display, sale, or rental of the forgoing enumerated items; or

(6)

The business regularly features the foregoing enumerated items, and prohibits access by minors, because of age, to the premises, and/or advertises itself as offering "adult" or "XXX" or "X-rated" or "erotic" or "sexual" or "sensual" or "pornographic" material on signage visible from a public right-of-way.

(s)

Specified sexual activities means:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse or sodomy;

(3)

Fondling or erotic touching of human genitals, pubic region, buttock or female breasts.

(t)

Specified anatomical areas means:

(1)

Less than completely and opaquely covered:

(i)

Human genitals,

(ii)

Pubic region;

(iii)

Buttocks;

(iv)

Female breasts below a point immediately above the top of the areola; and

(2)

Human male genitals in a discernibly turgid state, even if completely opaquely covered.

(Ord. No. 20-1172, § II, 7-7-2020)

(a)

Except as provided in subsection (e) below, from and after the effective date of this chapter, no adult-oriented establishment shall be operated or maintained in the City of Red Bank without first obtaining a license to operate issued by the City of Red Bank.

(b)

A license may be issued only for one adult-oriented establishment located at a fixed and certain place. Any person, partnership, or corporation which desires to operate more than one adult-oriented establishment must have a license for each.

(c)

No license or interest in a license may be transferred to any person, partnership or corporation.

(d)

It shall be unlawful for any entertainer, employee or operator to knowingly work in or about, or to knowingly perform any service directly related to the operation of any unlicensed adult-oriented establishment.

(e)

All existing adult-oriented establishments at the time of the passage of this chapter must submit an application for a license within 120 days of the passage of this chapter on third and final reading. If a license is not issued within said 120-day period, then such existing adult-oriented establishment shall cease operations.

(Ord. No. 20-1172, § II, 7-7-2020)

(a)

Any person, partnership, or corporation desiring to secure a license shall make application to the city manager. The application shall be filed in triplicate with and dated by the city manager or designee. A copy of the application shall be distributed promptly by the city manager to the Red Bank Police Department and to the applicant.

(b)

The application for a license shall be upon a form provided by the city manager. An applicant for a license shall furnish the following information under oath:

(1)

Name and address, including all aliases.

(2)

Written proof that the individual is at least 18 years of age.

(3)

All residential addresses of the applicant for the past three years.

(4)

The applicant's height, weight, color of eyes and hair.

(5)

The business, occupation or employment of the applicant for five years immediately preceding the date of the application.

(6)

Whether the applicant previously operated in this or any other county, city or state under an adult-oriented establishment license or similar business license: whether the applicant has ever had such a license revoked or suspended. The reason therefore, and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation.

(7)

All criminal statutes, whether federal or state, or city ordinance violation convictions, forfeiture of bond and pleadings of nolo contendere on all charges, except minor traffic violations.

(8)

Fingerprints and two portrait photographs at least two inches by two inches of the applicant.

(9)

The address of the adult-oriented establishment to be operated by the applicant.

(10)

The names and addresses of all persons, partnerships, or corporations holding any beneficial interest in the real estate upon which such adult-oriented establishment is to be operated, including, but not limited to, contract purchasers or sellers, beneficiaries of land trust or lessees subletting to applicant.

(11)

If the premises are leased or being purchased under contract, a copy of such lease or contract shall accompany the application.

(12)

The length of time the applicant has been a resident of the City of Red Bank, or its environs, immediately preceding the date of the application.

(13)

If the applicant is a corporation, the application shall specify the name, address and telephone number of the corporation, the date and state of incorporation, the name and address of the registered agent for service of process of the corporation, the names and addresses of the officers and directors of the corporation, and the names and addresses of any persons holding 50 percent or more of the stock of the corporation; if the applicant is a partnership, the application shall specify the name and address of the partnership, the name and address of all general partners of the partnership; if the partnership is a limited partnership, the application shall specify the name and address of all general partners who have a controlling interest in the partnership.

(14)

A statement by the applicant that he or she is familiar with the provisions of this chapter and is in compliance with them.

(15)

All inventory, equipment, or supplies which are to be leased, purchased, held in consignment or in any other fashion kept on the premises or any part or portion thereof for storage, display, any other use therein, or in connection with the operation of said establishment, or for resale, shall be identified in writing accompanying the application specifically designating the distributor business name, address, phone number, and representative's name.

(c)

Within ten days of receiving the results of the investigation conducted by the Red Bank Police Department, the city manager shall notify the applicant that his application is granted, denied or held for further investigation. Such additional investigation shall not exceed an additional 30 days unless otherwise agreed to by the applicant. Upon conclusion of such additional investigation, the city manager shall advise the applicant in writing whether the application is granted or denied.

(d)

Failure or refusal of the applicant to give any information relevant to the investigation of the application, or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding said application or his or her refusal to submit to or cooperate with any investigation required by this chapter, shall constitute an admission by the applicant that he or she is ineligible for such license and shall be grounds for denial thereof by the city manager.

(Ord. No. 20-1172, § II, 7-7-2020)

(a)

To receive a license to operate an adult-oriented establishment, an applicant must meet the following standards:

(1)

If the applicant is an individual:

(i)

The applicant shall be at least 18 years of age.

(ii)

The applicant shall not have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity, or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application.

(iii)

The applicant shall not have been found to have previously violated this chapter within five years immediately preceding the date of the application.

(2)

If the applicant is a corporation:

(i)

All officers, directors and stockholders required to be named under section 11-424(b) shall be at least 18 years of age.

(ii)

No officer, director or stockholder required to be named under section 11-424(b) shall have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application;

(iii)

No officer, director, or stockholder required to be named under section 11-424(b) shall have been found to have previously violated this chapter within five years immediately preceding the date of the application.

(3)

If the applicant is a partnership, joint venture, or any other type of organization where two or more persons have a financial interest:

(i)

All persons having a financial interest in the partnership, joint venture or other type of organization shall be at least 18 years of age.

(ii)

No persons having a financial interest in the partnership, joint venture or other type of organization shall have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application.

(iii)

No persons having a financial interest in the partnership, joint venture or other type of organization shall have been found to have previously violated this chapter within five years immediately preceding the date of the application.

(b)

No license shall be issued unless the Red Bank Police Department has investigated the applicant's qualifications to be licensed. The results of that investigation shall be filed in writing with the city manager no later than 20 days after the date of the application.

(Ord. No. 20-1172, § II, 7-7-2020)

In addition to the license requirements previously set forth for owners and operators of "adult-oriented establishments," no person shall be an employee or entertainer in an adult-oriented establishment without first obtaining a valid permit issued by the city manager.

(Ord. No. 20-1172, § II, 7-7-2020)

(a)

Any person desiring to secure a permit shall make application to the city manager. The application shall be filed in triplicate with and dated by the city manager. A copy of the application shall be distributed promptly by the city manager to the Red Bank Police Department and to the applicant.

(b)

The application for a permit shall be upon a form provided by the city manager. An applicant for a permit shall furnish the following information under oath:

(1)

Name and address, including all aliases.

(2)

Written proof that the individual is at least 18 years of age.

(3)

All residential addresses of the applicant for the past three years.

(4)

The applicant's height, weight, color of eyes, and hair.

(5)

The business, occupation or employment of the applicant for five years immediately preceding the date of the application.

(6)

Whether the applicant, while previously operating in this or any other city or state under an adult-oriented establishment permit or similar business for whom applicant was employed or associated at the time, has ever had such a permit revoked or suspended, the reason therefor, and the business entity or trade name for whom the applicant was employed or associated at the time of such suspension or revocation.

(7)

All criminal statutes, whether federal, state or city ordinance violation, convictions, forfeiture of bond and pleadings of nolo contendere on all charges, except minor traffic violations.

(8)

Fingerprints and two portrait photographs at least two inches by two inches of the applicant.

(9)

The length of time the applicant has been a resident of the City of Red Bank, or its environs immediately preceding the date of the application.

(10)

A statement by the applicant that he or she is familiar with the provisions of this chapter and is in compliance with them.

(c)

Within ten days of receiving the results of the investigation conducted by the Red Bank Police Department, the city manager shall notify the applicant that his application is granted, denied, or held for further investigation. Such additional investigation shall not exceed an additional 30 days unless otherwise agreed to by the applicant. Upon the conclusion of such additional investigations, the city manager shall advise the applicant in writing whether the application is granted or denied.

(d)

Failure or refusal of the applicant to give any information relevant to the investigation of the application, or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding said application or his or her refusal to submit to or cooperate with any investigation required by this chapter, shall constitute an admission by the applicant that he or she is ineligible for such permit and shall be grounds for denial thereof by the board.

(Ord. No. 20-1172, § II, 7-7-2020)

(a)

To receive a permit as an employee, an applicant must meet the following standards:

(1)

The applicant shall be at least 18 years of age.

(2)

The applicant shall not have been convicted of or pleaded no contest to a felony or any crime involving moral turpitude or prostitution, obscenity or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application.

(3)

The applicant shall not have been found to violate any provision of this chapter within five years immediately preceding the date of the application.

(b)

No permit shall be issued until the Red Bank Police Department has investigated the applicant's qualifications to receive a permit. The results of that investigation shall be filed in writing with the city manager not later than 20 days after the date of the application.

(Ord. No. 20-1172, § II, 7-7-2020)

(a)

In order to defray the cost of the investigation(s) related to the license and permit applications, a license fee of $1,000.00 shall be submitted with the application for a license. If the application is denied, one-half of the fee shall be returned.

(b)

A permit fee of $100.00 shall be submitted with the application for a permit. If the application is denied, one-half of the fee shall be returned.

(Ord. No. 20-1172, § II, 7-7-2020)

(a)

The license shall be displayed in a conspicuous public place in the adult-oriented establishment.

(b)

The permit shall be carried by an employee upon his or her person and shall be displayed upon request of a customer, any member of the Red Bank Police Department, or any person designated by the city commission.

(Ord. No. 20-1172, § II, 7-7-2020)

(a)

Every license issued pursuant to this chapter will terminate at the expiration of one-year from the date of issuance, unless sooner revoked, and must be renewed before operation is allowed in the following year. Any operator desiring to renew a license shall make application to the city manager. The application for renewal must be filed not later than 60 days before the license expires. The application for renewal shall be filed in triplicate with and dated by the city manager. A copy of the application for renewal shall be filed in triplicate with and dated by the city manager. A copy of the application for renewal shall be distributed promptly by the city manager to the Red Bank Police Department and to the operator/licensee/applicant. The application for renewal shall be upon a form provided by the city manager and shall contain such information and data, given under oath or affirmation, as may be required by the city commission.

(b)

A license renewal fee of $1,000.00 shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty of $100.00 shall be assessed against the applicant who files for a renewal less than 60 days before the license expires. If the application is denied, one-half of the total fees collected shall be returned.

(c)

If the Red Bank Police Department is aware of any information bearing on the operator/licensee's qualifications, that information shall be filed in writing with the city manager.

(d)

Every permit issued pursuant to this chapter will terminate at the expiration of one-year from the date of issuance unless sooner revoked, and must be renewed before an employee is allowed to continue employment in an adult-oriented establishment in the following calendar year. Any employee desiring to renew a permit shall make application to the city manager. The application for renewal must be filed not later than 60 days before the permit expires. The application for renewal shall be filed in triplicate with and dated by the city manager. A copy of the application for renewal shall be distributed promptly by the city manager to the Red Bank Police Department and to the employee. The application for renewal shall be upon a form provided by the city manager and shall contain such information and data, given under oath or affirmation, as may be required by the City Manager.

(e)

A permit renewal fee of $100.00 shall be submitted with the application for renewal. In addition to said renewal fee, a late penalty of $50.00 shall be assessed against the applicant who files for renewal less than 60 days before the license expires. If the application is denied, one-half of the fee shall be returned.

(f)

If the Red Bank Police Department is aware of any information bearing on the licensee's or any employee of licensee's qualifications, that information shall be filed in writing with the city manager.

(g)

Notwithstanding anything herein to the contrary, any application for renewal of a license or for renewal for a permit shall be handled, investigated and approved or denied within the same time periods as those established in this chapter for original license applications and permit applications. In the event a license renewal application or permit renewal application is denied, the applicant shall have all rights of appeal to the city commission as set forth in section 14-717 of this chapter.

(Ord. No. 20-1172, § II, 7-7-2020)

(a)

The city manager shall revoke a license or permit for any of the following reasons:

(1)

Discovery that false or misleading information or data was given on any application or material facts were omitted from any application.

(2)

The operator, entertainer, or any employee of the operator, violates any provision of this chapter or any rule or regulation adopted by the city commission pursuant to this chapter; provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee, the penalty shall not exceed a suspension of 30 days if the city commission shall find that the operator had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual or constructive knowledge.

(3)

The operator or employee becomes ineligible to obtain a license or permit.

(4)

Any cost or fee required to be paid by this chapter is not paid within the time period provided for such payment.

(5)

An operator employs an employee who does not have a permit or provides space on the premises, whether by lease or otherwise, to an independent contractor who performs or works as an entertainer without a permit.

(6)

Any intoxicating liquor, cereal malt beverage, narcotic or controlled substance is allowed to be sold or consumed on the licensed premises.

(7)

Any operator, employee or entertainer sells, furnishes, gives or displays, or causes to be sold, furnished, given or displayed to any minor any adult-oriented entertainment or adult-oriented material.

(8)

Any operator, employee or entertainer denies access of law enforcement personnel to any portion of the licensed premises wherein adult-oriented entertainment is permitted or to any portion of the licensed premises wherein adult-oriented material is displayed or sold.

(9)

Any operator allows continuing violations of the rules and regulations of the Hamilton County Health Department and/or violations of state law or city ordinance.

(10)

Any operator fails to maintain the licensed premises in a clean, sanitary and safe condition.

(b)

Notwithstanding anything herein to the contrary, before revoking or suspending any license or permit, the city manager shall give the license holder or permit holder not less than ten nor more than 20 days' written notice of the charges against such license holder or permit holder and of the revocation of such license or permit, or of the period of time such license or permit is to be suspended; such notice shall also advise the license holder or permit holder of the license holder's or permit holder's right to request a hearing before the city commission. In the event the license holder or permit holder does not request in writing a hearing before the city commission within the time set forth in such notice, the suspension or revocation shall be effective beginning the date set forth in such notice.

If the license holder or permit holder desires to request a hearing before the city commission to contest the suspension or revocation, such request shall be made in writing to the clerk of the city commission within ten days of the license holder's or permit holder's receipt of the notification from the city manager. If the license holder or permit holder timely requests such a hearing, the effective date of a suspension or hearing shall be stayed pending the final outcome of judicial proceedings to determine whether such license or permit has been properly revoked or suspended under the law.

If the license holder or permit holder timely requests such a hearing, a public hearing shall be held within 15 days of the clerk's receipt of such request before the city commission at which time the license holder or permit holder may present evidence as to why the suspension or revocation is improper or contrary to the provisions of this chapter. The city commission shall hear evidence concerning the basis for such suspension or revocation and shall affirm or reverse the suspension or revocation at the conclusion of said hearing; any such hearing shall be concluded no later than 28 days after the license holder's or permit holder's receipt of notification of the suspension or revocation, unless an extension beyond such time period is requested by the license holder or permit holder and granted by the city commission.

(c)

If the city commission affirms the suspension or revocation, the office of the city attorney shall institute suit for declaratory judgment in a court of record in Hamilton County, Tennessee, within ten days of the date of any such affirmation seeking an immediate judicial determination of whether such license or permit has been properly revoked or suspended under the law.

(d)

Any operator or employee whose license or permit is revoked shall not be eligible to receive a license or permit for five years from the date of revocation. No location or premises for which a license has been issued shall be used as an adult-oriented establishment for two years from the date of revocation of the license.

(Ord. No. 20-1172, § II, 7-7-2020)

(a)

No adult-oriented establishment shall be open between the hours of 3:00 a.m. and 8:00 a.m. on weekdays or between the hours of 3:00 a.m. and 12:00 noon on Sundays.

(b)

All adult-oriented establishments shall be open to inspection at all reasonable times by the Red Bank Police Department or such other persons as the city manager and/or the Hamilton County Health Department may designate.

(Ord. No. 20-1172, § II, 7-7-2020)

(a)

The operator/licensee shall maintain a register of all employees, showing the name, and aliases used by the employee, home address, age, birthdate, sex, height, weight, color of hair and eyes, phone numbers, social security number, date of employment and termination, and duties of each employee and such other information as may be required by the city commission. The above information on each employee shall be maintained in a physical/paper and in an electronic register kept on the premises for a period of three years following termination.

(b)

The operator shall make the register of employees available immediately for inspection by upon demand of the city manager or designee and/or a member of the Red Bank Police Department and/or Hamilton County Health Department at all reasonable times.

(c)

Every act or omission by an employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge, or approval of the operator, or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.

(d)

An operator shall be responsible for the conduct of all employees while on the licensed premises and any act or omission of any employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended or renewed.

(e)

There shall be posted and conspicuously displayed in the common areas of each adult-oriented establishment a list of any and all entertainment provided on the premises. Such list shall further indicate the specific fee or charge in dollar amounts for each entertainment listed. Viewing adult-oriented motion pictures shall be considered as entertainment. The operator shall make the list available immediately upon demand of the city manager or designee and/or Red Bank Police Department at all reasonable times.

(f)

No employee of an adult-oriented establishment shall allow any minor to enter or loiter around or to frequent an adult-oriented establishment or to allow any minor to view adult entertainment as defined herein.

(g)

Every adult-oriented establishment shall be physically arranged in such a manner that the entire interior portion of the booths, cubicles, rooms or stalls, wherein adult entertainment is provided, shall be visible from the common area of the premises. Visibility shall not be blocked or obscured by doors, curtains, partitions, drapes, or any other obstruction whatsoever. It shall be unlawful to install booths, cubicles, rooms or stalls within adult-oriented establishments for whatever purpose, but especially for the purpose of secluded viewing of adult-oriented motion pictures or other types of adult entertainment.

(h)

The operator shall be responsible for and shall provide that any room or area used for the purpose of viewing adult-oriented motion pictures or other types of live adult entertainment shall be readily accessible at all times and shall be continuously opened to view in its entirety.

(i)

No operator, entertainer, or employee of an adult-oriented establishment shall demand or collect all or any portion of a fee for entertainment before its completion.

(j)

A sign shall be conspicuously displayed in the common area of the premises, and shall read as follows:

This adult-oriented establishment is regulated by Red Bank City Code. Entertainers are:

1.

Not permitted to engage in any type of sexual conduct;

2.

Not permitted to expose their sex organs;

3.

Not permitted to demand or collect all or any portion of a fee for entertainment before its completion.

(Ord. No. 20-1172, § II, 7-7-2020)

(a)

No operator, entertainer, or employee of an adult-oriented establishment shall permit to be performed, offer to perform, perform or allow customers, employees or entertainers or any persons to perform sexual intercourse or oral or anal copulation or other contact stimulation of the genitalia with any other person or any beast or animal.

(b)

No operator, entertainer, or employee shall encourage or permit any person upon the premises to touch, caress, or fondle the breasts, buttocks, anus or genitals of any other person.

(c)

No operator, entertainer, employee, person, or customer shall be unclothed or in such attire, costume, or clothing so as to expose to view any portion of the sex organs, breasts or buttocks of said operator, entertainer, or employee with the intent to arouse or gratify the sexual desires of the operator, entertainer, employee, customer or person.

(d)

No entertainer, employee or customer shall be permitted to have any physical contact with any other on the premises during any performance and all performances shall only occur upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest entertainer, employee and/or customer.

(Ord. No. 20-1172, § II, 7-7-2020)

(a)

Any person, partnership, or corporation who is found to have violated this chapter shall be fined a definite sum not exceeding $50.00 and shall result in the suspension or revocation of any permit or license.

(b)

Each violation of this chapter shall be considered a separate offense, and any violation continuing more than one hour of time shall be considered a separate offense for each hour of violation.

(c)

Any violation of state law may be separately charged and prosecuted as such, shall be subject to application penalties, including imprisonment and shall not be subject to the "$50.00 fine" limitations.

(Ord. No. 20-1172, § II, 7-7-2020)

Should any court of competent jurisdiction declare any section, clause, or provision of this chapter to be unconstitutional, such decision shall affect only such section, clause, or provision so declared unconstitutional, and shall not affect any other section, clause or provision of this chapter.

(Ord. No. 20-1172, § II, 7-7-2020)

(a)

As used in this section, "application" shall mean: (i) an application for a license, (ii) an application for a permit, (iii) an application for a license renewal, and (iv) an application for a permit renewal.

(b)

Whenever an application is denied, the city manager shall notify the applicant in writing of the reasons for such action; such notice shall also advise the applicant of the applicant's right to request a hearing before the city commission. If the applicant desires to request a hearing before the city commission to contest the denial of an application, such request shall be made in writing to the city manager within ten days of the applicant's receipt of the notification of the denial of the application. If the applicant timely requests such a hearing, a public hearing shall be held within 15 days of the city manager's receipt of such request before the city commission at which time the applicant may present evidence as to why the application should not be denied. The city commission shall hear evidence concerning the basis for denial of the application and shall affirm or reverse the denial of an application at the conclusion of said hearing; any such hearing shall be concluded no later than 28 days after the applicant's receipt of notification of denial of an application, unless an extension beyond such time period is requested by the applicant and granted by the city manager.

(c)

If the city commission affirms the denial of an application, the office of the city attorney shall institute suit for declaratory judgment in a court of record in Hamilton County, Tennessee, within ten days of the date of any such denial seeking an immediate judicial determination of whether such application has been properly denied under the law.

(Ord. No. 20-1172, § II, 7-7-2020)

(a)

No two adult-oriented establishments, may be located within 500 feet of any other adult-oriented establishment, measured in a straight surveyed line from the nearest property line. In the event of rejection by the city of a license application for reason of this "distance requirement", the obligation to prove, by registered land surveyor, location eligibility for the later to apply applicant/prospective licensee/operator shall be upon such applicant.

(b)

There shall be no more than four adult-oriented establishments located in any zone where the same is a permitted use, within the City of Red Bank.

(c)

(1)

No adult-oriented establishment shall be located within 200 feet of any church, or other place of organized worship, any school, day care facility, public or private playground, ballfield, public swimming pool or parks or any other recreational facilities or place or location where children or groups of children are likely to congregate to participate in organized or casual sports and/or recreational activities.

(2)

No adult-oriented establishment shall be located within 200 feet of any establishment which is licensed to sell or serve beer, wine or alcoholic beverages.

(d)

All permitted activities, including, but not limited to sales or display of merchandise, shall necessarily and at all times take place indoor/inside the building premises, and in no event shall any such occur or take place "outside", in the open air or under or adjacent to or in any tent, awning or temporary structure or covering.

(e)

In the event any otherwise qualifying or eligible location shall abut or be located within 100 feet (measured in a straight surveyed line from the nearest property line) of any residential zoned property in the City of Red Bank, then the issuance of a license for operation of an adult-oriented business on such property shall be subject to the issuance of a special exception permit, upon application by the applicant to the Red Bank Planning Commission and the Red Bank City Commission and as to which the city may require additional conditions to address the health, safety and welfare of the citizens, including, but not limited to additional screening and/or landscaping requirements, parking regulations, noise muffling, exterior lighting, and other requirements and conditions as may be reasonably necessary under the circumstances there existing.

(f)

Nothing contained in this section shall be interpreted or construed to repeal, suspend or otherwise modify any other provisions of the Red Bank City Code and all other provisions shall continue in full force and affect including specifically, but not by way of limitation all design review requirements, landscaping, sight screening, lighting, signage provisions and requirements, noise, traffic, parking and other ordinances and regulations.

(Ord. No. 20-1172, § II, 7-7-2020)