Sec. 16-136. - Required.

It shall be unlawful for any person to engage in, conduct, or carry on, in or upon any premises within the city the business of a human display establishment in the absence of a permit issued pursuant to the provisions of this article.

(Code 1959, § 19B-3; Ord. No. 57134, § 3, 6-16-83; Ord. No. 57296, § 3, 7-21-83)

Sec. 16-137. - Application.

Any person desiring to obtain a permit for the operation of a human display establishment shall make an application to the chief of police or his representative, for an investigation.

(Code 1959, § 19B-4; Ord. No. 57134, § 4, 6-16-83; Ord. No. 57296, § 4, 7-21-83)

Sec. 16-138. - Information to be filed with application.

(a)

Any applicant for a permit required by this division shall submit the following information:

(1)

The full name and present address of the applicant;

(2)

The previous address immediately prior to the present address of the applicant;

(3)

Written proof that the applicant is over the age of seventeen (17) years;

(4)

The height, weight, color of eyes and color of hair of the applicant;

(5)

The business, occupation or employment of the applicant for the three (3) years immediately preceding the date of the application;

(6)

The business license or permit history of the applicant for the five (5) years prior to the date of the application; whether the applicant, in previously operating in the city or elsewhere under a license or permit has had a license or permit revoked or suspended, and if so, the reasons therefor; and the business activity or occupation of the applicant subsequent to the revocation or suspension;

(7)

All criminal arrests of the applicant other than misdemeanor traffic violations, to include a full disclosure of the jurisdiction where arrested, offense for which arrested and the disposition of the arrest;

(8)

If the applicant is a corporation, the same information shall be furnished concerning each stockholder holding more than ten (10) percent of the stock of the corporation, each officer and each director; and concerning the partners, including limited partners, if the applicant is a partnership.

(b)

In addition, the applicant shall present himself to the city police department for the purpose of being fingerprinted and photographed.

(Code 1959, § 19B-8; Ord. No. 57134, § 6, 6-16-83; Ord. No. 57296, § 6, 7-21-83)

Sec. 16-139. - Application fee.

Each application filed pursuant to section 16-137 shall be accompanied by an application fee of seventy-five dollars ($75.00).

(Code 1959, § 19B-4; Ord. No. 57134, § 4, 6-16-83; Ord. No. 57296, § 4, 7-21-83)

Sec. 16-140. - Fees not refundable.

No portion of any fee collected under this division shall be returned after a permit has been issued.

(Code 1959, § 19B-14; Ord. No. 57134, § 18, 6-16-83; Ord. No. 57296, § 18, 7-21-83)

Sec. 16-141. - Requirements for issuance.

No permit required by this division shall be issued unless an inspection by the city reveals that the establishment complies with each of the following requirements:

(1)

A recognizable and readable sign posted at the main entrance identifying the establishment as a human display establishment, provided that all such signs shall comply with the sign requirements of the city;

(2)

Minimum lighting provided in accordance with the city building code and, in addition, at least one artificial light of not less than forty (40) watts provided in each enclosed room or area where the activities of human display take place;

(3)

Minimum ventilation provided in accordance with the city building code;

(4)

Proof of compliance with all applicable pro visions of this Code;

(5)

A recognizable and readable sign posted in a conspicuous place near the main entrance stating that patrons are prohibited from disrobing on the premises, and further prohibiting anyone under the age of seventeen (17) years from the premises, as an employee or a patron.

(Code 1959, § 19B-5; Ord. No. 57134, § 8, 6-16-83; Ord. No. 57296, § 8, 7-21-83)

Sec. 16-142. - Transferability.

Upon sale or transfer of any human display establishment, the permit shall become null and void, and the buyer or the transferee shall make a new application pursuant to the provisions of this division.

(Code 1959, § 19B-6; Ord. No. 57134, § 14, 6-16-83; Ord. No. 57296, § 14, 7-21-83)

Sec. 16-143. - Investigation of applicants; approval by chief of police.

(a)

Upon receiving the application for a permit, the chief of police shall conduct an investigation into the applicant's connections with criminal elements, as well as the applicant's personal and criminal history. The chief of police may, in his discretion, require a personal interview of the applicant, as well as such further information, identification and physical examination of the applicant as shall bear upon the investigation.

(b)

In the case of applications for human display establishments the chief of police shall cause to be conducted an investigation of the premises where the business is to be carried on, for the purpose of ensuring that such premises comply with all requirements set forth in this article and with the regulations of public health, safety and welfare.

(c)

Before any permit shall be issued under this division, the chief of police shall sign his approval of the application.

(Code 1959, § 19B-9; Ord. No. 57134, § 7, 6-16-83; Ord. No. 57296, § 7, 7-21-83)

Sec. 16-144. - Issuance or denial.

The chief of police shall issue a permit required by this division within thirty (30) days of receipt of the application unless he finds that:

(1)

The correct permit fee has not been tendered to the city and, in the case of a check or bank draft, such has not been honored with payment upon presentation;

(2)

The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including but not limited to, the city's building, zoning and health regulations;

(3)

The applicant, manager, or other person in charge of the business has been convicted of a misdemeanor or felony involving moral turpitude, unless the conviction occurred at least five (5) years prior to the date of application;

(4)

Where an applicant is a corporation, that any stockholder who holds more than ten (10) percent of the stock of said corporation, or any officers and directors, or any partners, including limited partners if the applicant is a partnership, has been convicted of a misdemeanor or felony involving moral turpitude unless such conviction occurred at least five (5) years prior to the date of application;

(5)

The applicant has knowingly made any false, misleading or fraudulent statement of fact in the permit application or in any document which is required by the city in conjunction with such application;

(6)

The applicant has had any human display establishment, massage business, or other similar permit or license revoked unless such revocation occurred at least five (5) years prior to the date of application. (Code 1959, § 19B-10; Ord. No. 57134, § 10, 6-16-83; Ord. No. 57296, § 10, 7-21-83)

Sec. 16-145. - Appeal; hearing.

(a)

Notice of denial of a permit required by this division shall be given to the applicant in writing, with the reasons for such denial specified in the notice. The notice shall be mailed by certified mail, return receipt requested, or served by personal service.

(b)

The applicant shall have ten (10) days from the date of receipt of such notice to appeal the decision of the chief of police to the city council by filing such a request with the city clerk. The city clerk shall provide for a council hearing on such appeal at the earliest available regular council meeting, and shall notify the applicant and chief of police of the date of such council hearing. Subsequent to the hearing, city council shall vote either to order the issuance of the permit or to sustain the actions of the chief of police.

(Code 1959, § 19B-11; Ord. No. 57134, § 11, 6-16-83; Ord. No. 57296, § 11, 7-21-83)

Sec. 16-146. - Display.

It shall be unlawful for an individual to act as an entertainer in a human display establishment, unless the chief of police has issued an entertainer's permit to said individual and said individual has paid a fifty dollar ($50.00) nonrefundable processing fee to the city.

Every person to whom a permit is granted under this division shall display the permit in a conspicuous place so that it may be readily seen by persons who enter the premises.

(Code 1959, § 19B-12; Ord. No. 57134, § 12, 6-16-83; Ord. No. 57296, § 12, 7-21-83; Ord. No. 99741, § 4, 9-16-04)

Sec. 16-147. - Term.

All permits issued pursuant to this division shall be valid for one (1) year from the date of issue reflected thereon.

(Code 1959, § 19B-13; Ord. No. 57134, § 15, 6-16-83; Ord. No. 57296, § 15, 7-21-83)

Sec. 16-148. - Suspension, revocation.

A permit issued pursuant to this division may be suspended for a period of up to ninety (90) days or may be revoked by the city council upon recommendation of the chief of police, based upon evidence that the holder of the permit has violated any of the provisions set forth in this article, or has violated or permitted on the premises the infraction of any law of the state, the violation of which constitutes grounds for denial, suspension or revocation under the provisions set forth in this article. No permit shall be revoked until after a hearing is held before city council to determine just cause for the revocation. Notice of such hearing shall be given in writing and shall be served at least ten (10) days prior to the date of the hearing.

(Code 1959, § 19B-15; Ord. No. 57134, § 24, 6-16-83; Ord. No. 57296, § 24, 7-21-83)

Sec. 16-149. - Special requirements for permit to manage.

Any person who manages a human display establishment shall obtain a permit by submitting the applicable information required by section 16-138 and tendering his application fee of twenty-five dollars ($25.00).

(Code 1959, § 19B-7; Ord. No. 57134, § 5, 6-16-83; Ord. No. 57296, § 5, 7-21-83)

Sec. 16-150. - Qualifications to receive permit on behalf of owner or operator.

Unless a duly authorized agent is disqualified under one or more provisions of this article, an agent who performs the following acts shall be qualified to receive on behalf of an owner or operator a human display permit:

(a)

The duly authorized agent pays a three hundred and seventy-five dollar ($375.00) nonrefundable processing fee to the city;

(b)

The duly authorized agent submits a diagram;

(c)

Allows an inspection of the premises as directed in section 21-406 herein; and,

(d)

The duly authorized agent performs those acts detailed at section 21-401 if the duly authorized agent is also applying for a manager's permit or on-site manager's permit.

(Ord. No. 99741, § 5, 9-16-04)

Secs. 16-151—16-160. - Reserved.