Troy City Zoning Code
ARTICLE XIX
Adult Businesses
Section 405.805 Adult Businesses Permitted - Where.
[R.O. 2006 §405.635; Ord. No. 1002 §1, 12-19-2005]
Adult businesses are permitted in only districts zoned industrial by special use permit subject to the following conditions and in no other areas.
Section 405.810 Definitions.
[R.O. 2006 §405.640; Ord. No. 1002 §2, 12-19-2005; Ord. No. 1060, 4-21-2008]
For the purposes of this Article, and unless the context plainly requires otherwise, the following definitions are adopted:
Any business:
That has as one (1) of its significant business purposes:
The providing of entertainment where the emphasis is on performances, live or otherwise, that depict, portray, exhibit or display specified anatomical areas or specified sexual activities; or
The providing of services that are intended to provide sexual stimulation or gratification or that allow observation of specified sexual activities or specified anatomical areas or allow participation in specified sexual activities.
The definition of "adult business" also includes, but is not limited to:
Businesses that provide entertainment including, but not limited to:
"Adult entertainment business" meaning any business to which the public, patrons or members are invited or admitted and where "adult entertainment" is provided.
The definition of "adult entertainment business" includes, but is not limited to, an establishment with a screen or projection areas, where a significant portion of its business is the exhibition to patrons of films, videotapes or motion pictures, where materials are displayed or live performances occur which are intended to provide sexual stimulation or sexual gratification to the patrons or which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas and establishments where a significant portion of the business is the application of paint or other substance to or on the human body by any means of application, technique or process when the subject's body displays for the patron's view specified anatomical areas.
An adult business shall also include an adult bookstore and said term is defined as a building or part of a building used for the barter, rental or sale of a significant portion of items consisting of instruments, devices, paraphernalia, printed materials, pictures, slides, records, audio tape, video tape, motion picture film, CD ROMs or other digital recordings or any other form of recording, if such items are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas". The term "significant portion of items" shall mean more than ten percent (10%) of the usable floor area or more than one hundred (100) square feet of floor area is used for the display, barter, rental or sale of such items. No obscene work shall be allowed.
Businesses that provide services including, but not limited to:
"Bathhouse" meaning an enterprise where a significant portion of its business is offering baths and/or showers with other persons present who are nude or displaying specified anatomical areas.
"Adult motel" meaning an enterprise where a significant portion of the business is offering public accommodations for the purpose of viewing closed-circuit television transmissions, films, movies, motion pictures, video cassettes, video tapes, slides or other photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas and which rents room accommodations for less than six (6) hours at a time.
The term "adult business" does not include a properly licensed and operating business located in an area other than a residential area which hosts, stages or otherwise offers "Chippendale" evenings or other similar events (including, but not limited to, the female equivalency of Chippendales) provided such events, in the aggregate, occur no more often than once per quarter of any calendar year.
Any exhibition, performance, display or dance of any type including, but not limited to, talking, singing, reading, listening, posing, serving food or beverages, soliciting for the sale of food, beverages or entertainment, pantomiming, modeling, removal of clothing or any service offered for amusement on a premises:
Where such exhibition, performance, display or dance is intended to arouse or excite the sexual desires of the entertainer, other entertainers or patrons, or
If the entertainment involves a person who is nude or in such attire, costume or clothing as to expose specified anatomical areas to view, even if completely and opaquely covered.
Those diseases which are set out in the Missouri Statutes and regulations.
Any and all persons including, but not limited to, managers, entertainers, servers and independent contractors who work in or at or render any services related to the operation of an adult business.
Any person who provides adult entertainment within an adult business, whether or not a fee is charged or accepted for entertainment.
Any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of any activity at any adult business.
Any person less than eighteen (18) years of age.
To own, conduct or maintain the affairs of an adult business.
Any person who enters an adult business without regard to whether a purchase is made from the adult business or compensation is paid to the adult business or any employee of the adult business for merchandise, entertainment or service.
Any individual, partnership, corporation, trust, incorporated or unincorporated association, joint venture, governmental entity or other entity or group of persons, however organized.
Any person, other than an entertainer, who serves food or drink at an adult business.
Twenty-five percent (25%) or more of the sales or gross receipts measured in dollars over any consecutive ninety (90) day period derived from such items or use;
Twenty-five percent (25%) or more of the number of sales transactions measured over any consecutive ninety (90) day period of such items or use;
Twenty-five percent (25%) or more of the dollar value of all merchandise displayed at any time attributable to such items;
Twenty-five percent (25%) or more of all inventory consisting of such items at any time;
Ten percent (10%) or more of the floor area of the business (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public) devoted to such use or items at any time.
Uncovered or exposed human genitals, pubic region or pubic hair, buttocks, female breast or breasts below a point immediately above the top of the areola encircling the nipple, or any combination of the foregoing; or
Human male genitals exposed or in a discernibly erect state even if completely and opaquely covered.
Sexual conduct, including actual or simulated acts of human masturbation; sexual intercourse; or physical contact in an act of apparent sexual stimulation or gratification or seeking to arouse the patron's sexual desires; or any sadomasochistic abuse or acts involving animals or any latent objects or artificial device or inanimate objects in an act of apparent sexual stimulation or gratification or seeking to arouse the patron's sexual desires.
Section 405.815 License Required For Adult Business.
[R.O. 2006 §405.650; Ord. No. 1002 §2, 12-19-2005]
B.
It is unlawful for any employee or owner to knowingly perform any work, service or entertainment related to the operation of an unlicensed adult business.
C.
The failure to post an adult business license in the required manner shall be prima facie evidence that an adult business has not obtained its license. In addition, it shall be prima facie evidence that any employee or owner who performs any business, service or entertainment in an adult business in which an adult business license is not posted as required had knowledge that such business is not licensed.
Section 405.820 License Required For Managers and Entertainers.
[R.O. 2006 §405.660; Ord. No. 1002 §2, 12-19-2005]
Section 405.825 License, Term, Classification and Fees.
[R.O. 2006 §405.670; Ord. No. 1002 §2, 12-19-2005]
A.
All licenses shall be issued for a specific location and shall be non-transferable and license fees shall be non-refundable.
B.
All adult business licenses shall be issued only for the one (1) adult business use listed on the application. Any change in the type of adult business use shall invalidate the adult business license and require the licensee to obtain a new license for the change in use. A separate license is required for each adult use.
C.
The license year for all fees required herein shall be from each January first (1st) through December thirty-first (31st). The application for the license shall be accompanied by payment in full of the fee by certified or cashier's check or money order and no application shall be considered complete until such fee is paid.
Section 405.830 License Applications.
[R.O. 2006 §405.680; Ord. No. 1002 §2, 12-19-2005]
A.
Adult Business License. All persons desiring to secure a license to operate an adult business shall make a verified application with the City Clerk which shall be submitted simultaneously with the application for special use permit. All applications shall be submitted in the name of the person(s) who owns the adult business. The application shall be signed by the applicant. If the applicant is a corporation, the application shall be signed by its President. If the applicant is a partnership, the application shall be signed by a partner. In all other instances where the owner is not an individual, where applicable, the application shall be signed by an authorized representative of the owner. The City Clerk may require proof of authorization before accepting an application. All applications shall be submitted on a form supplied by the City Clerk and shall require all of the following information:
1.
The name, residence address, home telephone number, occupation, date, place of birth and Social Security number of the applicant.
2.
The tax identification number and registered agent if the owner is not an individual.
3.
The name of the adult business, a description of the type of adult business to be performed on the licensed premises and the name of the owner of the premises where the adult business will be located.
4.
The names, residence addresses, Social Security numbers and dates of births of all partners, if the applicant is a partnership or limited liability partnership; and if the applicant is a corporation or limited liability company, the same information for all officers and directors and stockholders and members who own, directly or indirectly, a twenty-five percent (25%) or more interest in the entity; and if the owner is another type of entity, the same information for all persons who own, directly or indirectly, a twenty-five percent (25%) or more interest in such entity.
5.
A statement from the applicant as to whether the applicant or any officer, manager, director, stockholder, partner, member or other person who owns a twenty-five percent (25%) or more interest, directly or indirectly, in such entity has had an adult business license of any type revoked or suspended and, if so, the reason for the suspension or revocation and the business activity subjected to the suspension or revocation.
6.
A statement from the applicant, each partner, member, stockholder and other owner and/or each manager, officer and director that each such person has not been convicted of, or released from confinement for conviction of, or diverted from prosecution on:
a.
Any felony or misdemeanor within, whichever event is later, two (2) years immediately preceding the application or five (5) years immediately preceding the application where such felony or misdemeanor involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography or related offenses, or controlled substances or illegal drugs or narcotics offenses as defined in the Missouri Statutes or municipal ordinances; or
b.
A municipal ordinance violation within two (2) years immediately preceding the application where such municipal ordinance violation involved sexual offenses, indecent exposure, prostitution or sale of controlled substances or illegal narcotics.
7.
On applications requesting a license to operate a bathhouse or body painting studio, the applicant shall provide for each employee a health certificate from a duly licensed Missouri physician stating that within ninety (90) days prior thereto, the applicant and all other persons working on the premises have been examined and found free of any contagious or communicable disease as defined herein. This shall be a continuing requirement. For each person who is employed, the above described health certificate shall be submitted to the City Clerk within forty-eight (48) hours of the time such person begins employment.
8.
If the applicant is required to be registered with the State, a current certificate of registration issued by the Missouri Secretary of State.
9.
A statement signed under oath that the applicant has personal knowledge of the information contained in the application and that the information contained therein is true and correct and that the applicant has read the provisions of this Article regulating adult businesses.
Failure to provide the information and documentation required herein shall constitute an incomplete application. The City Clerk shall notify the applicant whether or not the application is complete within fifteen (15) working days of the date the application is received by the City Clerk. |
B.
Manager Or Entertainer License. All persons desiring to secure a license to be a manager or entertainer shall make a verified application with the City Clerk. All applications shall be submitted in the name of the person proposing to be a manager or entertainer. All applications shall be submitted on a form supplied by the City Clerk and shall require all of the following information:
1.
The applicant's name, home address, home telephone number, date and place of birth, Social Security number and any stage names or nicknames used in entertaining.
2.
The name and address of each adult business where the applicant intends to work as a manager or entertainer.
3.
The statement from the applicant that the applicant has not been convicted of, or released from confinement for conviction of, or diverted from prosecution on:
a.
Any felony or misdemeanor within, whichever event is later, two (2) years immediately preceding the application or five (5) years immediately preceding the application where such felony or misdemeanor involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography and related offenses, or controlled substances or illegal drugs or narcotics offenses as defined in the Missouri Statutes or municipal ordinances, or
b.
A municipal ordinance violation within two (2) years immediately preceding the application where such municipal ordinance violation involved sexual offenses, indecent exposure, prostitution or sale of controlled substances or illegal drugs or narcotics.
4.
The applicant shall present to the City Clerk, who shall copy, documentation that the applicant has attained the age of eighteen (18) years at the time the application is submitted.
Failure to provide the information required herein shall constitute an incomplete application. The City Clerk shall notify the applicant whether or not the application is complete within fifteen (15) working days of the date the application was received by the City Clerk. |
C.
Application Processing. Upon receipt of a completed application for an adult business, manager or entertainer license, the City Clerk shall immediately transmit one (1) copy of the application to the Chief of Police for investigation of the applicant and application. In addition, the City Clerk shall transmit a copy of the application to the Building Inspector. The Chief of Police shall report the results of the investigation to the City Clerk not later than fifteen (15) working days from the date the application is forwarded to the Chief of Police. The Building Inspector and the Fire Inspector shall inspect the structure where the adult business will be conducted for compliance with the requirements and standards of the applicable health, zoning, building code, fire and property maintenance ordinances of the City. The Building Inspector and the Fire Inspector shall report the results of their investigation to the City Clerk not later than fifteen (15) working days from the date the application is forwarded to such party. Upon receipt of the reports from the Chief of Police, the Building Inspector and the Fire Inspector, the City Clerk shall schedule the application for consideration by the Governing Body at the earliest meeting consistent with the notification requirements established by law, provided the license application for manager or entertainer license shall be approved or disapproved within sixty (60) days from the date the completed application is received by the City Clerk. The applicant shall be notified in writing of the date when the Governing Body will consider the application and shall be afforded an opportunity to be heard at that meeting.
Section 405.835 Examination of Application, Issuance of License, Disapproval.
[R.O. 2006 §405.690; Ord. No. 1002 §2, 12-19-2005]
A.
The Board of Aldermen shall examine an application for an adult business license or a manager or entertainer license and shall approve the issuance of a license only if the appropriate license fee has been paid, applicant is qualified and all the applicable requirements set forth herein are met. No license shall be approved for any person ineligible pursuant to the provisions herein. All incomplete applications shall be denied.
B.
The record of the Board of Aldermen shall show the action taken on the application, and if the license is granted, the Governing Body shall direct the City Clerk to issue the proper license. The adult business license and all manager and entertainer licenses shall state that it is not transferable to other persons or entities and the calendar year for which it is issued.
C.
If an application for a license is disapproved, the applicant shall be immediately notified by registered or certified mail to the applicant's last known address, and the notification shall state the basis for such disapproval. Any applicant aggrieved by the disapproval of a license application may seek judicial review in the Cooper County District Court in a manner provided by law.
Section 405.840 License - Ineligibility and Disqualification.
[R.O. 2006 §405.700; Ord. No. 1002 §2, 12-19-2005]
A.
No person is eligible nor shall a license be issued to:
1.
An applicant for an adult business license if one (1) or more of the following conditions exist:
a.
A special use permit for the adult business has not been issued or has been revoked or suspended;
b.
The owner or applicant or any business owned, directly or indirectly, in whole or in part by applicant or owner is in violation of any ordinance of the City;
c.
The applicant knowingly failed to supply all of the information requested on the application;
d.
The applicant knowingly gave materially false, fraudulent or untruthful information on the application;
e.
The applicant has been convicted, released from incarceration for conviction or diverted on any of the crimes set forth herein during the time period set forth herein;
f.
The applicant has had an adult business license or comparable license revoked or suspended in this or any other City during the past five (5) years; or
g.
If the applicant is applying for a license to operate a bathhouse or body painting studio and applicant has not produced a health certificate as required herein for all persons working on the premises.
2.
An applicant for a manager or entertainer license if one (1) or more of the following conditions exist:
a.
The adult business where the manager or entertainer will perform services does not have an adult business license;
b.
The applicant has been convicted, released from incarceration for conviction or diverted on any of the crimes set forth herein during the time period set forth herein;
c.
The applicant knowingly failed to provide all of the information required on the application;
d.
The applicant knowingly gave materially false, fraudulent or untruthful information on the application;
e.
The applicant has had a manager or entertainer license revoked or suspended in this or any other City during the past five (5) years; or
f.
The applicant is applying for a license for a manager or entertainer in a bath house or body painting studio and has not produced a health certificate as required herein.
Section 405.845 Standards of Conduct.
[R.O. 2006 §405.710; Ord. No. 1002 §2, 12-19-2005]
A.
The following standards of conduct shall be adhered to by all adult businesses, their employees and all patrons of adult businesses while on or about the premises of the business.
1.
Identification cards. Any and all managers and entertainers shall, at all times when working in an adult business, have in their possession a valid identification card issued by the City bearing the permit number, the employee's physical description and a photograph of such employee, such identification cards shall be laminated to prevent alteration.
2.
Age restriction. Only persons eighteen (18) years of age or older shall be permitted in the premises of any adult entertainment business.
3.
Exterior observation. The premises of all adult businesses will be so constructed as to insure that the interior of the premises is not observable from the exterior of the building. In addition, all windows will be covered to prevent viewing of the interior of the building from the outside and all doorways not constructed with an anteroom or foyer will be covered so as to prevent observation of the interior of the premises from the exterior of the building.
4.
Exterior display. No adult business will be conducted in any manner that permits the observation of live performers engaged in any adult entertainment including, but not limited to, an erotic depiction or dance or any material or persons depicting, describing or relating to specified sexual activities or specified anatomical areas from any exterior source by display, decoration, sign, show window or other opening.
5.
Nudity prohibited. No manager, employee or patron in an adult business, other than a licensed bathhouse or an entertainer in a licensed adult business which business does not hold a liquor license during a performance provided such entertainer is at least six (6) feet from any and all patrons and is on a stage raised at least eighteen (18) inches above the immediate floor level, shall appear nude, unclothed, in less than opaque attire or in any fashion that exposes to view any specified anatomical area.
6.
Certain acts prohibited.
a.
No employee, patron or any other persons shall perform any specified sexual activities, wear or use any device or covering exposed to view which simulates any specified anatomical area, use artificial devices or inanimate objects to perform or depict any of the specified sexual activities or participate in any act of prostitution as prohibited by State law or municipal ordinance while on the premises of an adult business.
b.
No employee, patron or any other person while on the premises of an adult business shall knowingly touch, fondle or caress any specified anatomical area of another person or simulate such action or knowingly permit another person to touch, fondle or caress any specified anatomical area of such employee, patron or other person or simulate such action, whether such specified anatomical areas are clothed, unclothed, covered or exposed.
c.
No employee of an adult business shall be visible from the exterior of the adult business while such person is nude or unclothed or in such attire, costume or clothing as to expose to view any specified anatomical area.
d.
No entertainer shall solicit, demand or receive any payment or gratuity from any patron or any other person for any act prohibited and no entertainer shall receive any payment or gratuity from any patron for any entertainment except as follows:
(1)
While such entertainer is on the stage, a patron may place such payment or gratuity into a box affixed to the stage; or
(2)
While such entertainer is not on the stage but while on the premises of an adult business and is clothed so as to not expose to view any specified anatomical area, a patron may either place such payment or gratuity into the entertainer's hand or under a leg garter worn by such entertainer at least four (4) inches below the bottom of the pubic region.
e.
No owner, manager or other person in charge of the premises of an adult business shall:
(1)
Permit alcoholic liquor or cereal malt beverages to be unlawfully brought upon or consumed on the premises;
(2)
Knowingly allow or permit the sale, distribution, delivery or consumption of any controlled substance or illegal drug or narcotic on the premises;
(3)
Knowingly allow or permit any person under the age of eighteen (18) to be in or upon the premises;
(4)
Knowingly allow or permit any act of prostitution or patronizing prostitution on the premises as prohibited by State law or municipal ordinance; or
(5)
Knowingly allow or permit a violation of this Article or any other City ordinance provision or State law.
7.
Signs required. All adult entertainment businesses that provide live entertainment shall conspicuously display in the common area at the principal entrance to the premises a sign, on which uppercase letters shall be at least two (2) inches high and lowercase letters at least one (1) inch high, which shall read as follows:
THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED AND LICENSED BY THE CITY OF TROY | ||
ENTERTAINERS ARE: | ||
Not permitted to engage in any type of sexual conduct or prostitution on the premises or to fondle, caress or touch the breast, pubic region, buttocks or genitals of any employee, patron or other entertainer or to permit any employee, patron or other entertainer to fondle, caress or touch the breasts, pubic region, buttocks or genitals of said entertainer. | ||
Not permitted to be nude, unclothed, or in less than opaque attire, customer or clothing so as to expose to view any portion of the breasts below the top of the areola or any portion of the pubic region, buttocks and/or genitals unless in an adult entertainment business which does not hold a liquor license and separated at least six (6) feet from the nearest customer and upon a stage at least eighteen (18) inches above the immediate floor level. | ||
Not permitted to demand or collect any payment or gratuity from any customer for entertainment, except as follows: | ||
While such entertainer is on the stage, by placing such payment or gratuity into a box affixed to the stage, or while such entertainer is not on the stage, by either placing such payment or gratuity into the entertainer's hand or under the entertainer's leg garter. | ||
CUSTOMERS ARE: | ||
Not permitted to be upon the stage at any time. | ||
Not permitted to touch, caress or fondle the breasts, pubic region, buttocks or genitals of any employee, entertainer or patron or engage in solicitation for prostitution. | ||
8.
Lighting required. The premises of all adult businesses shall be equipped with overhead lighting of every place to which customers are permitted access at an illumination of not less than one (1) foot-candle as measured at the floor level, and such illumination must be maintained at all times that any customer or patron is present in or on the premises.
9.
Closed booths or rooms prohibited. The premises of all adult businesses shall be physically arranged in such manner that the entire interior portion of any booths, cubicles, rooms or stalls is visible from a common area of the premises. Visibility shall not be blocked or obscured by doors, curtains, drapes or any other obstruction whatsoever.
10.
Ventilation and sanitation requirements. The premises of all adult businesses shall be kept in a sanitary condition. Except as otherwise provided herein, separate dressing rooms and restrooms for men and women shall at all times be maintained and kept in a sanitary condition.
11.
Hours of operation. No adult business may be open or in use between the hours of 2:00 A.M. and 9:00 A.M. on any day other than a Sunday when the business may not be open between the hours of 2:00 A.M. and 12:00 Noon.
12.
Facilities necessary. No adult business license to conduct a bathhouse or body painting studio shall be issued unless an inspection by the Building Inspector or his/her authorized representative reveals that the premises on which the applicant intends to conduct such business complies with each of the following minimum requirements:
a.
The walls shall be clean and painted with washable, mold-resistant paint in all rooms where water or steam baths are given or showers taken. Floors shall be free from any accumulation of dust, dirt or refuse. All equipment used in the business operation shall be maintained in a clean and sanitary condition. Towels, linen and items for personal use of patrons shall be clean and freshly laundered. Towels, cloths and sheets shall not be used for more than one (1) patron. Heavy white paper may be substituted for sheets, provided that such paper is changed for every patron. No activity related to an adult business shall be carried on within any cubicle, room, booth or any area within any permitted establishment which is fitted with a door capable of being locked.
b.
Toilet facilities shall be provided in convenient locations. A single water closet per sex shall be provided for each twenty (20) or more employees or patrons of that sex on the premises at any one time. Urinals may be substituted for water closets after one (1) water closet has been provided. Toilets shall be designated as to the sex accommodated therein.
c.
Lavatories or wash basins provided with both hot and cold running water shall be installed in either the toilet room or a vestibule. Lavatories or wash basins shall be provided with soap in a dispenser and with sanitary towels.
The Health Inspector shall certify that the proposed business establishment complies with all of the requirements of this Section and shall give or send such certification to the City Clerk. Provided however, that nothing contained herein shall be construed to eliminate other requirements of Statute or ordinance concerning the maintenance of premises nor to preclude authorized inspection thereof. The appropriate City Official may recommend the issuance of a license contingent upon the compliance with any requirements in this Section. |
Section 405.850 License - Posting or Display.
[R.O. 2006 §405.720; Ord. No. 1002 §2, 12-19-2005]
A.
Every person licensed as an adult business shall post such license in a conspicuous place and manner on the adult business premises.
B.
Every person holding a manager or entertainer license shall post his or her license in his or her work area on the adult business premises so it shall be readily available for inspection by City authorities responsible for enforcement of this Article.
Section 405.855 Manager On Premises.
[R.O. 2006 §405.730; Ord. No. 1002 §2, 12-19-2005]
A.
A manager shall be on duty at all adult businesses at all times the premises are open for business. The name of the manager on duty shall be prominently posted during business hours.
B.
It shall be the responsibility of the manager to verify that any person who provides adult entertainment within the premises possesses a current and valid entertainer's license and that such licenses are prominently posted. It shall also be the responsibility of the manager to insure minors do not enter upon the premises of an adult entertainment business.
Section 405.860 Inspectors and Inspections.
[R.O. 2006 §405.740; Ord. No. 1002 §2, 12-19-2005]
All adult businesses shall permit representatives of the Police Department or any other City Official acting in their official capacity to inspect the premises as necessary to insure the business is complying with all applicable regulations and laws.
Section 405.865 Suspension, Revocation or Non-Renewal - License.
[R.O. 2006 §405.750; Ord. No. 1002 §2, 12-19-2005]
A.
Whenever the City Clerk has information that:
1.
The owner of an adult business or a holder of a manager or entertainer license has violated, or knowingly allowed or permitted the violation of, any of the provisions of this Article or any other ordinance of the Code of General Ordinances; or
2.
There have been recurrent violations of provisions of this Article that have occurred under such circumstances that the owner of an adult business knew or should have known that such violations were committed; or
3.
The adult business license or the manager or entertainer license was knowingly obtained through false statements in the application for such license or renewal thereof; or
4.
The adult business licensee or the manager or entertainer licensee knowingly failed to make a complete disclosure of all information in the application for such license or renewal thereof; or
5.
The owner or any partner, member, manager, stockholder or other person owning an interest in the adult business or any officer or director holding an adult business license has become disqualified from having a license by a conviction as provided herein; or
6.
If the holder of a manager or entertainer license has become disqualified from having a license by a conviction as provided herein; or
7.
The adult business for which the license of the manager or entertainer is issued has been suspended or revoked, then the City Clerk shall make this information known to the Governing Body which, upon five (5) day's written notice to the person holding the license, shall conduct a public hearing to determine whether the license should be suspended or revoked. The Governing Body may pass a resolution setting forth the procedures for the conduct of such hearings. Based on the evidence produced at the hearing, the Governing Body may take any of the following actions:
a.
Suspend the license for up to ninety (90) days;
b.
Revoke the license for the remainder of the license year;
c.
Place the license holder on administrative probation for a period of up to one (1) year on the condition that no further violations of the Article occur during the period of probation. If a violation does occur and after a hearing the violation is determined to have actually occurred, the license will be revoked for the remainder of the license year; or
d.
Terminate the license.
Section 405.870 Renewal.
[R.O. 2006 §405.760; Ord. No. 1002 §2, 12-19-2005]
A.
A license may be renewed by making application to the City Clerk on application forms provided for that purpose. Licenses shall expire on December thirty-first (31st) of each calendar year and renewal applications for such licenses shall be submitted between December sixteenth (16th) and December thirty-first (31st).
B.
Upon timely application and review as provided for a new license, a license issued under the provisions of this Article shall be renewed by issuance of a new license in the manner provided herein.
C.
If the application for renewal of a license is not made during the time provided herein, the expiration of such license shall not be affected and a new application shall be required.
Section 405.875 Penalty.
[R.O. 2006 §405.770; Ord. No. 1002 §2, 12-19-2005]
It shall be unlawful for any person to violate any of the provisions of this Article. Upon conviction thereof, such person shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) or be punished by incarceration for up to six (6) months, or by both such fine and incarceration. Each day's violation of, or failure, refusal or neglect to comply with, any provision of this Article shall constitute a separate and distinct offense.
Section 405.880 Regulations.
[R.O. 2006 §405.780; Ord. No. 1002 §2, 12-19-2005]
The City Clerk shall have the power to promulgate regulations as may be necessary and feasible for the carrying out of the duties of his/her office and which are not inconsistent with the provisions of this Article.