The mayor and aldermen of the City of Vicksburg (hereinafter "board") specifically makes all prior paragraphs beginning with "Whereas" its finding of facts.

It is hereby declared that in order to protect the residential neighborhoods, the commercial districts, the Historic District and other areas of the community from the secondary, adverse effects of adult entertainment businesses, it is necessary to establish zoning restrictions for adult entertainment businesses as delineated in Section 1002 hereof.

(Ord. No. 93-37, 10-4-93)

An adult entertainment business is required to locate as follows:

(A)

An adult entertainment business may not be operated within one thousand (1,000) feet of:

(1)

A church, synagogue or regular place of religious worship;

(2)

A public or private elementary or secondary school;

(3)

A boundary of any residential-zoned district or any residential structure which is occupied as a residence within or without a zoned area;

(4)

A public park;

(5)

A licensed daycare center;

(6)

A library;

(7)

Another adult entertainment business.

(B)

An adult entertainment business may not be operated in the same building, structure or portion thereof containing another adult entertainment business.

(C)

For the purpose of this ordinance, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where an adult entertainment business if located to the nearest property line of the premises of a church, synagogue, regular place of worship, or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district, or residential lot, library or licensed day care center.

(D)

For purposes of subsection (C) of this section, the distance between any two (2) adult entertainment businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.

(Ord. No. 93-37, 10-4-93)

Adult entertainment businesses shall include the following:

(A)

Adult arcade: An establishment where, for any form of consideration, one (1) or more motion picture projectors, slide projectors or similar machines, for viewing by five (5) or fewer persons each, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas." Notwithstanding any language or definitions used herein, this definition does not permit any acts or displays which violate the obscenity statues or any other laws of the State of Mississippi.

(B)

Adult bookstore: An establishment which has as a substantial portion of its stock-in-trade and offers for sale or lease 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 pictures, video cassettes, slides or other visual representations, which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

(2)

Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities."

Notwithstanding any language or definitions used herein, this definition does not permit any acts or displays which violate the obscenity statutes or any other laws of the State of Mississippi.

(C)

Adult cabaret: A nightclub, bar, restaurant, theater or similar establishment which regularly features live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities" or films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."

Notwithstanding any language or definitions used herein, this definition does not permit any acts or displays which violate the obscenity statutes or any other laws of the State of Mississippi or the ordinances of the City of Vicksburg relating to nudity, indecent exposure or lewd dress.

Cross reference— Indecent exposure or lewd dress, § 17-38.

(D)

Adult motion picture theater: An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

Notwithstanding any language or definitions used herein, this definition does not permit any acts or displays which violate the obscenity statues or any other laws of the State of Mississippi.

(E)

Specified anatomical areas:

(1)

Less than completely and opaquely covered:

(a)

Human genitals, pubic region;

(b)

Buttocks;

(c)

Anus;

(d)

That portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola. This definition shall include the entire lower portion of the female breast.

(2)

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

Notwithstanding any language or definitions used herein, this definition does not permit any acts or displays which violate the obscenity statutes or any other laws of the State of Mississippi.

(F)

Specified sexual activity: Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts; flagellation or torture in the context of a sexual relationship; masochism, erotic or sexually oriented torture, beating or the infliction of physical pain; erotic touching, fondling or other such contact with an animal by a human being; or human excretion, urination, menstruation, vaginal or anal irrigation as part of or in connection with any of the activities set forth in this section.

Notwithstanding any language or definitions used herein, this definition does not permit any acts or displays which violate the obscenity statutes or any other laws of the State of Mississippi.

(Ord. No. 93-37, 10-4-93)

All other provisions and requirements of the Vicksburg Zoning Ordinance shall apply to the adult entertainment businesses. All conditions and provisions of the base zone including, but not limited to, setback, yard requirements, area, etc., shall apply to the adult entertainment businesses.

(Ord. No. 93-37, 10-4-93)

Notwithstanding any definition or use permitted herein, this ordinance does not permit the distribution of obscene materials or the performance of obscene acts as defined in Mississippi Code, Section 97-29-103, all such prohibited materials and prohibited acts are expressly prohibited hereby.

(Ord. No. 93-37, 10-4-93)

Public nudity is expressly forbidden by the ordinances of the City of Vicksburg and nothing contained herein shall be deemed to permit or allow public nudity.

(Ord. No. 93-37, 10-4-93)

(A)

Adult entertainment businesses shall not publicly display any signs or advertisements which contain sexually oriented materials.

(B)

For purposes of this subsection; any material is sexually oriented if the material consists of representations or descriptions of actual or simulated masturbation, sodomy, excretory functions, exhibition of the genitals or female breasts, sado-masochistic abuse (for the purpose of sexual stimulation or gratification), homosexuality, lesbianism, bestiality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast or breasts of a female for the purpose of sexual stimulation, gratification or perversion.

(C)

For purposes of this subsection, "public display" means if the sign, advertisement or other material is on or in a billboard, viewing screen, theater stage or marquee, newsstand, display rack, window showcase, display case or similar place so that it is easily visible from a public street, public road or sidewalk or from areas of public businesses in which minors are normally business invitees.

(Ord. No. 93-37, 10-4-93)

(A)

It is unlawful for any person to maintain or operate an adult entertainment business without first having been issued an Adult Entertainment Business License by the City of Vickburg pursuant to this ordinance. In the event a business owner or person in charge of the business is convicted of operating an adult entertainment business without a license, the punishment shall be a fine not exceeding one thousand ($1,000.00) dollars or imprisonment for a term not exceeding ninety (90) days, and the cost of the prosecution, or by both such fine and imprisonment in the discretion of the municipal court.

(B)

Adult entertainment business licenses, as referred to in this code, shall be licenses limited to the following classifications:

(1)

Adult book store;

(2)

Adult video store or adult theater including arcade or booth;

(3)

Adult dancing establishment including cabaret, bar, dance hall.

(C)

An adult entertainment business license for a particular adult entertainment business shall be limited to one (1) classification of license.

(Ord. No. 93-37, 10-4-93; Ord. No. 94-11, § 1, 9-6-94)

The ultimate responsibility for the administration of this provision is vested in the city building official or his designated representative (hereinafter "city building official" includes "or his designated representative"). Several departments have been delegated responsibility pursuant to the provisions outlined in this ordinance.

(A)

The city building official, within forty-five (45) days of receiving the application, shall issue, grant, deny, revoke, renew, suspend and/or cancel all adult entertainment businesses licenses for proposed or existing adult entertainment businesses in the City of Vicksburg. This decision will be based on reports from the departments identified below that requirements of this ordinance have been met or violated. All departments shall present their reports to the city building official within forty (40) days of the date the application was filed with the city building official.

(B)

The city building official or other person as designated by the city building official is responsible for inspecting any proposed adult entertainment business for which a license is being applied or has already been issued in order to ascertain whether it complies with or is complying with all applicable building codes, statutes, ordinances and regulations in effect in Vicksburg, Mississippi. The respective city building official shall compare and certify that all aspects of the submitted floorplan, site plan and survey accurately depict the actual structure and comply with the provisions of this ordinance.

(C)

The City of Vicksburg Fire Department is responsible for the inspection of licensed adult entertainment premises or any proposed or existing adult entertainment business to ascertain whether it complies with or is complying with all applicable fire codes, statutes, ordinances and regulations in effect in Vicksburg, Mississippi.

(D)

The city building official is responsible for ascertaining whether a proposed adult entertainment business for which a license is being applied complies with all applicable zoning regulations in effect in Vicksburg, Mississippi.

(E)

The Warren County Health Department or other person as designated by the city building official shall inspect the adult entertainment business for compliance with all ordinances and laws relating to health and sanitation.

(F)

The chief of police or other person as designated by the chief of police shall be responsible for confirming information supplied in the application.

(Ord. No. 93-37, 10-4-93; Ord. No. 94-11, § 2, 9-6-94)

(A)

Filing. Any person desiring to own or operate an adult entertainment business shall file with the city building official a sworn license application on a standard application form supplied by the city.

(B)

Contents. The contents of the application shall contain the following information and shall be accompanied by the following documents:

(1)

If the applicant is an individual, his legal name, any aliases, date of birth, Social Security number or taxpayer identification, residence address.

(2)

If the applicant is a partnership:

(a)

The full and complete name of the partnership;

(b)

The legal names of all partners, dates of birth, Social Security numbers, residence addresses and all aliases used by all of the partners whether the partnership is general or limited; and

(c)

If in existence, a copy of the partnership agreement.

(3)

If the applicant is a corporation:

(a)

The exact and complete corporate name, the date of its incorporation, evidence that the corporation is in good standing, and tax identification number;

(b)

The legal names, dates of birth and all aliases used, Social Security numbers, residence address, the capacity of all officers, directors and principal stockholders.

(c)

The name of the registered corporate agent and the address of the registered office for service of process; and

(d)

The current local and legal domiciliary, residential address of the principal stockholders of the corporation. When the principal stockholder is a corporate or other legal entity, the application must trace back the ownership through any layers of corporate organization to the eventual principal stockholder who is a person.

(4)

If the applicant intends to conduct this establishment under a name other than that of the applicant, the applicant shall state the establishment's fictitious name and the county of registration, all legal names, dates of birth and all aliases used by all interested persons.

(5)

Whether the applicant or any other interested individual listed pursuant to any paragraph above holds any other licenses required to be engaged in adult entertainment businesses; and if so, the names and locations of other licensed establishment.

(6)

The single classification of license for which the applicant is filing.

(7)

A description of the adult entertainment or similar business history of the applicant; whether such person or entity, in previously operating in another city, county or state, had a business license revoked or suspended and the reason therefor.

(8)

The location of the proposed establishment including a legal description of the property site and a legal street address.

(9)

The applicant's mailing address.

(10)

A site plan and survey drawn to appropriate scale of the proposed establishment indicating, but not limited to, all property lines, rights of way, the location of buildings, parking areas and spaces, driveways.

(11)

A floorplan drawn to appropriate scale of the establishment, proposed or existing, indicating, but not limited to, all windows, doors, entrances and exits, fixed structural interior features, improvements to be made which shall be indicated or calculated in terms of percentage of increase of floor size.

(12)

The name and phone number of the person for the various representatives of city departments to contact to schedule the required inspections.

(13)

The phone number of the existing or proposed establishment.

(14)

The name, address and phone number of the owner(s) of the land, building or premises, if not the applicant. The owner shall also sign the application acknowledging the application of these regulations to him as owner(s) of the premises.

(15)

Whether preceding the date of the application the applicant or any other individuals listed pursuant to [paragraphs] (1), (2) or (3) above have ever been convicted of a felony crime involving prostitution, obscenity, controlled substances or any other crime of a sexual nature, and if so, identify the act involved, the date of conviction, and the place of conviction.

(16)

Authorization for the City of Vicksburg, its agents and employees, to seek information to confirm the statements set forth in the application.

(C)

Copies. Applicant shall supply a minimum of six (6) copies of the application, or more as may be required, to the city building official.

(D)

Completeness. An application shall not be considered complete until the application satisfies the requirements set out above.

(E)

Application fee. Each application shall be accompanied by a nonrefundable fee of twelve hundred dollars ($1200.00) to defray the costs of processing of the application and which will be applied as the license fee for the first year.

(F)

Approval or denial of license:

(1)

In the event the applicant has not satisfied the application requirements, the applicant shall be notified within ten (10) days of filing the application of such fact with a detailed list of reasons and the application shall be automatically denied.

(2)

If any owner, operator or employee of the adult entertainment business has been convicted of a felony crime involving prostitution, obscenity or a felony crime of any sexual nature within five (5) years preceding application, the license will be denied.

(3)

If the applicant or other interested parties as listed above are not twenty-one (21) years of age, the license will be denied.

(4)

If the applicant, his agent, representatives or manager has made any false or misleading statement in the application, the license will be denied.

(5)

If the application has satisfied the requirements of this ordinance, the city building official shall notify the applicant and issue the license to the applicant within forty-five (45) days of receipt of the application.

(G)

Investigation. The departments shall conduct investigations and inspections and complete processing of the application within forty (40) days from receipt of the application. If a provision of this ordinance or other applicable laws, including general building, fire or health codes, are found to be in violation, the respective departments will immediately notify the city building official of the violation by marking the application as rejected, state the reasons and offer suggestions for corrections. If one or more departments reject the application during the forty (40) day period, the city building official shall notify the applicant of the denial.

(H)

Communication. All communications regarding approval or denial shall be issued by and through the city building official. Any statements issued directly or independently by the review departments shall not be deemed to create a reliance or estoppel situation as to the provisions of this ordinance.

(I)

Notice. If the application is denied, the city building official shall notify the applicant with the reasons stated for the denial. Notification shall be sent certified United States Mail, return receipt requested, to the address provided on the license application which shall be considered the correct address.

(Ord. No. 93-37, 10-4-93; Ord. No. 94-11, § 3, 9-6-94)

(A)

Contents. An adult entertainment business license shall state on its face the name of the licensed business, local residential and legal domiciliary residential address of the licensee, the name of the establishment, the street address of the establishment, the classification of the license, the date of application, the application number, the date of license issuance, and the date of license expiration.

(B)

Term. All licenses issued under this ordinance shall be annual licenses which shall commence running on October 1, on which date they shall have been paid for, and shall expire on September 30 of the following year. If a license is issued after October 1 but by March 31 of the following year, the applicant shall pay the prorated license fee. If a license is issued after March 31 but by October 1 of the same year, the applicant shall pay one-half the appropriate license fee.

(C)

Renewal. Licenses shall be entitled to renewal annually subject to the provisions of this ordinance. Prior to the October 1 expiration date, the annual license may be renewed by presenting the license for the previous year and by paying the appropriate license fee.

(D)

Expiration. A license shall expire for failure to obtain in hand a renewal by October 1.

(E)

Annual license fees:

(1)

The annual license fees for adult entertainment business is twelve hundred ($1200.00) per license.

(2)

The annual license fees collected under this ordinance are declared to be regulatory fees which are collected for the purpose of examination and periodic inspection of adult entertainment businesses by the appropriate departments or authorities, including the health department in order to make sure the environment in the premises is sanitary. These regulatory fees are in addition to and not in lieu of any taxes or fees imposed by the City of Vicksburg, Warren County, or the State of Mississippi.

(3)

The fee schedule may be revised pursuant to resolution adopted by the board when necessary to insure the fees cover the costs of administering and enforcing this ordinance.

(Ord. No. 93-37, 10-4-93)

(A)

[License required.] All managers, employees and entertainers of an adult entertainment business shall obtain a license prior to working or performing in an adult entertainment business.

(B)

Definitions:

(1)

"Manager" means any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of an activity involving adult entertainment occurring at any adult entertainment business.

(2)

"Employee" means any and all persons, including, but not limited to, managers, entertainers and independent contractors, who work in or render any services directly related to the operation of an adult entertainment business.

(3)

"Entertainer" means any person who on any occasion provides adult entertainment within an entertainment business, as herein defined, whether or not a fee is charged or accepted for entertainment or whether or not the entertainer is paid.

(C)

[Applications; required information.] All applications for an adult entertainment manager's, employee's or adult entertainer's license shall be signed by the applicant and notarized or certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the city building official and shall require the following information:

(1)

The applicant's name, home address, home telephone number, date and place of birth, Social Security number or taxpayer identification number and any stage names or nicknames used in entertaining.

(2)

The name and address of each business at which the applicant intends to work as a manager, employee or entertainer, and the names and addresses of all adult entertainment businesses where the applicant has previously worked.

(3)

A complete statement of the applicant's criminal background, including all arrests, convictions and pending charges.

(4)

The applicant shall present documentation that he or she has attained the age of twenty-one (21) years. Any of the following shall be accepted as documentation of age:

(a)

A motor vehicle operator's license issued by any state bearing the applicant's photograph and date of birth;

(b)

A state-issued identification card bearing the applicant's photograph and date of birth;

(c)

An official passport issued by the United States of America;

(d)

An immigration card issued by the United States of America; [or]

(e)

Any other picture identification issued by a governmental entity.

(5)

Authorization for City of Vicksburg to seek information to confirm statements set forth in application.

(D)

Application fee. Each application shall be accompanied by a nonrefundable fee of fifteen dollars ($15.00) to defray the costs of processing the application.

(E)

[Denial for conviction of felony.] If the employee, manager or entertainer has been convicted of a felony crime involving prostitution, obscenity or a felony crime of any sexual nature within five (5) years preceding the application, the license will be denied.

(F)

[Denial for false or misleading statements.] If the employee, manager or entertainer has made any false or misleading statement in the application, the license will be denied.

(g)

Granting or denial of application within forty-five days. The city building official shall grant or deny the employee, manager or entertainment license within forty-five (45) days of the receipt of the application.

(Ord. No. 93-37, 10-4-93; Ord. No. 94-11, § 4, 9-6-94)

(A)

A licensee shall not transfer his license to another person or thereby surrender possession, control and operation of the licensed establishment to such other person.

(B)

A licensee shall not transfer his license to another location.

(C)

Any attempted transfer of a license either directly or indirectly in violation of this section is hereby declared void and the license shall be deemed abandoned and the license shall be forfeited and revert to the city building official.

(Ord. No. 93-37, 10-4-93)

(A)

General requirements:

(1)

Each adult entertainment business and its employees, agents or other representatives shall observe the following general requirements, regulations and standards of conduct:

(a)

Conform to all applicable building codes, statutes, ordinances and regulations whether federal, state or local.

(b)

Conform to all applicable fire statutes, codes, ordinances and regulations, whether federal, state or local.

(c)

Conform to all applicable health statutes, codes, ordinances and regulations, whether federal, state or local.

(d)

Conform to all applicable zoning regulations and land use laws.

(e)

Keep the adult entertainment business license and the name of the manager on duty posted in a conspicuous place at the establishment at all times, which license and name of manager on duty shall be available for inspection upon request at all times by the public.

(f)

Opaquely cover each nonopaque area through which a person outside the establishment may otherwise see inside the establishment.

(g)

Reserved.

(h)

No employee, entertainer or other person shall at any time engage in any exhibition, performance or dance except upon a stage at least eighteen (18) inches above the immediate floor level and removed at least six (6) feet from the nearest patron.

(i)

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

(j)

No employee or entertainer shall touch, caress or fondle the breasts, buttocks, anus or genitals of any other person.

(k)

No employee or entertainer shall wear or use any devise or covering exposed to view which simulates the breast below the top of the areola, vulva or genitals, anus, buttocks, or any portion of the pubic region.

(l)

No employee or entertainer shall use artificial devices or inanimate objects to depict any of the prohibited activities described in this subsection.

(m)

No entertainer shall solicit, demand or receive any payment or gratuity from any patron for any act prohibited by this chapter.

(n)

No entertainer shall demand or collect any payment or gratuity from any patron for entertainment before its completion.

(o)

No person shall touch, caress or fondle the breasts, buttocks, anus or genitals of any employee, entertainer or manager while on the premises of the adult entertainment business.

(p)

No person under the age of twenty-one (21) shall be allowed or permitted on the premises of an adult entertainment business.

(q)

No employee or entertainer mingling with the patrons shall be unclothed or in less than opaque and complete attire, costume or clothing so as to expose to view any portion of the breast below the top to the areola or any portion of the pubic region, anus, buttocks, vulva or genitals.

(r)

No adult entertainment business shall operate or conduct business or remain open to the public between the hours of 12:00 midnight and 10:00 a.m.

(B)

Special requirements:

(1)

Prohibition of alcoholic beverages, light wine, and beer:

(a)

No person or employee shall expose to public view his or her "specified anatomical areas" or any simulation thereof in any establishment which serves or allows the consumption of alcoholic beverages, light wine and/or beer.

(b)

No person owning, maintaining or operating an establishment serving alcoholic beverages shall suffer or permit any person or employee to expose to public view his or her "specified anatomical areas" or any simulation thereof within the establishment which serves or allows the consumption of alcoholic beverages, light wine and/or beer.

(c)

No person shall cause and no person maintaining, owning or operating an establishment serving alcoholic beverages, light wine and/or beer shall suffer or permit the exposition of any graphic representation, including pictures or projection of film which depict "specified anatomical areas," engage in any "specified sexual activities" or any other sexual act prohibited by law or any simulation thereof within any establishment which serves or allows the consumption of alcoholic beverages, light wine and/or beer.

(C)

Penalties:

(1)

Whenever in this ordinance any act is prohibited or is made or declared to be unlawful or an offense, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of any such provision of this ordinance shall be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding ninety (90) days, and the cost of prosecution, or by both such fine and imprisonment in the discretion of the Municipal Court. Each day any violation of any provision of this ordinance shall continue shall constitute a separate offense.

(2)

In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this ordinance shall be deemed a public nuisance and may be, by the city, abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.

(Ord. No. 93-37, 10-4-93; Ord. No. 94-11, § 4, 9-6-94)

(A)

Violations of regulations:

(1)

Suspension of license:

(a)

In the event a licensed adult entertainment business is operating in violation of a building, fire, health or zoning statute, code, ordinance or regulation, whether federal, state or local, the appropriate citing department shall promptly notify the city building official who shall notify the licensee of the violation and shall allow the licensee a ten (10) business day period in which to correct that violation. If the licensee fails to correct the violation with[in] the ten (10) business day period, the citing department shall notify the city building official who shall forthwith suspend the license and shall notify the licensee of the suspension. The suspension shall remain in effect until the citing department notifies the city building official in writing that the violation of the provision in question has been corrected.

(b)

In the event the city building official or other departments are notified, learn or find that a licensee engaged in a license transfer contrary to this ordinance, the city building official shall forthwith suspend the license and notify the licensee of the suspension. The suspension shall remain in effect until all of the requirements have been satisfied and a new license is issued by the city building official.

(c)

In the event there are a combination of three (3) or more convictions of manager, operator or employees for violation of any of the rules and regulations of this ordinance within a two-year period, the city building official shall, upon notification of the date of the third conviction, suspend the license and notify the licensee of the suspension. The suspension shall remain in effect for a period of ninety (90) days.

(d)

In the event there are a combination of two (2) or more felony convictions of manager, operator or employees for violations of the ordinances of the City of Vicksburg or the laws of the State of Mississippi within a two-year period, the license shall be suspended for one hundred eighty (180) days.

(e)

In the event of more than five (5) police calls to the site in a period of six (6) months because of violence or disturbance of the peace that result in arrest or issuance of a citation for violation of any city ordinance or the laws of the State of Mississippi, the license may be suspended for a period of ninety (90) days.

(2)

Revocation:

(a)

In the event of one (1) or more convictions of any rule, regulation or law cited above during a period of suspension, the license shall be revoked.

(b)

In the event there are a combination of five (5) or more convictions of manager, operator or employees for violations of any of the rules or regulations of this ordinance within a two (2) year period, the license shall be revoked.

(c)

In the event there are a combination of three (3) felony convictions of manager, operator or employees for violation of the ordinances of the City of Vicksburg or the laws of the State of Mississippi within a two-year period, the license shall be revoked.

(d)

In the event it is learned or found upon sufficient cause that a license was granted based upon false information, misrepresentation of fact or mistake of fact by the licensee or its agent, the respective department which has knowledge of false information shall notify the city building official, [who] shall forthwith revoke the license and notify the licensee of the revocation.

(e)

In the event of more than ten (10) police calls to the site in a period of twelve (12) months because of violence or disturbance of the peace that result in arrest or issuance of a citation for violation of any ordinance or the laws of the State of Mississippi, the license may be revoked.

(f)

In the event a licensee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises, the licensee shall be revoked.

(g)

In the event a licensee or an employee has knowingly allowed prostitution on the premises, the license shall be revoked.

(h)

In the event a licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sexual conduct to occur in or on the licensed premises, the license shall be revoked.

(i)

In the event the owner or operator of the licensed establishment knowingly allowed a person under twenty-one (21) years of age to enter an establishment, the license shall be revoked.

(j)

In the event there was a change of owner or operator for which a new application was not timely filed, the license shall be revoked.

(k)

If the license is revoked, the licensee shall not be allowed to obtain another adult entertainment license for a period of two (2) years and no license shall be issued during the time period to any other person for the location of premises upon which the adult entertainment business was situated.

(B)

Records and reports. Each licensee shall keep such records and make such reports as may be required by the city building official and the departments to implement this ordinance and to carry out its purpose.

(Ord. No. 93-37, 10-4-93; Ord. No. 94-11, §§ 6, 7, 9-6-94)

(A)

Any decision made by the city building official which adversely affects the applicant or licensee may be appealed to the zoning board of appeals within ten (10) days of notification of the city building official's decision by filing a notice of appeal with the secretary of the zoning board of appeals and stating the grounds for the appeal.

(B)

The applicant, licensee or other aggrieved party may appeal the decision of the zoning board of appeals to the board by filing a notice of appeal with the city clerk. A hearing will be held within twenty (20) days before the board [which] will render a decision within ten (10) days thereafter.

(C)

The decision of the mayor and board of aldermen of the City of Vicksburg is appealable to the Circuit Court of Warren County.

(Ord. No. 93-37, 10-4-93)

If, for any reason, one or more sections, headings, clauses or parts of this ordinance are held invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this ordinance (article), but shall be confined to the special sections, headings, clauses or parts of the ordinance (article) held invalid, and the invalidity or any section, heading, clause or part of this ordinance (article) in any one or more instances shall not affect or prejudice in any way the validity of this ordinance (article) in any other instance.

(Ord. No. 93-37, 10-4-93)

Because the adoption of this ordinance is necessary for the immediate and temporary preservation of the public peace, health and safety and because the opening of adult entertainment businesses has adverse, secondary effects on the community, this ordinance shall take effect and be in force from and after its passage.

(Ord. No. 93-37, 10-4-93)