§ 3-13. Adult uses, tattoo & body piercing parlors (sic 5999/7299).
3-13.1. Location.
Owing to potentially objectionable operational characteristics of the above uses, and the deleterious affect of such uses on existing businesses and/or residential areas around them, the location of such uses shall be tempered by the supplemental siting criteria of this section.
No such use shall be located within 1,000 feet (measured in a straight line) of the nearest property line of:
(1)
A residentially zoned lot,
(2)
A church or religious institution,
(3)
A public or private school, educational facility, or day care facility,
(4)
A public park or recreational facility, or
(5)
Any other such use.
3-13.2. License required.
It shall be a misdemeanor for a person to operate any of the above uses without a valid permit and/or license, issued by the city for the particular type of business.
(1)
An application for a permit and/or license must be made on a form provided by the office of the zoning administrator.
(2)
The premises must be inspected and found to be in compliance with the law by health, fire and building officials.
3-13.3. Expiration of license.
Each permit and/or license shall expire one year from date of issuance and may be renewed only by making application as provided herein.
3-13.4. Fees.
The annual fee for a business permit and/or license for any of the above uses is a minimum of $1,000.00.
3-13.5. Inspection.
(1)
An applicant or permittee and/or licensee shall permit the zoning administrator and representatives of the police, health or fire departments or other city departments or agencies involved in code enforcement to inspect the premises of an adult business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.
(2)
A person who operates an adult business or his agent or employee commits a misdemeanor if he refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.
3-13.6. Suspension.
The zoning administrator shall suspend a permit and/or license for a period not to exceed 30 days if determined that a permittee and/or licensee or an employee of a permittee and/or licensee has:
(1)
Violated or is not in compliance with any section of this ordinance.
(2)
Engaged in excessive use of alcoholic beverages while on the adult business premises.
(3)
Refused to allow an inspection of the adult business premises as authorized by this section.
(4)
Knowingly permitted gambling by any person on the adult business premises.
3-13.7. Revocation.
(1)
The zoning administrator shall revoke a permit and/or license if a cause of suspension occurs and the permit and/or license has been suspended within the preceding 12 months.
(2)
The zoning administrator shall revoke a permit and/or license if determined that:
(a)
A permittee and/or licensee gave false or misleading information in the material submitted to the building department during the application process.
(b)
A permittee and/or licensee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises.
(c)
A permittee and/or licensee or an employee has knowingly allowed prostitution on the premises.
(d)
A permittee and/or licensee or an employee knowingly operated the adult business during a period of time when the permittee's and/or licensee's permit and/or license was suspended.
(e)
A permittee and/or 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 permitted and/or licensed premises.
(f)
A permittee and/or licensee is delinquent in payment to the town or state for any taxes or fees past due.
(Ord. No. 04-06, 9-21-2004)