Adult Enterainment Establishments OrdinanceTHE CITY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Ordinance Licensing and Regulating Adult Entertainment Establishments,
Performers and Employees
DATE: March 11, 2008
Assistant City Attorney Tim O'Brien is recommending adoption of an ordinance
regulating and licensing adult entertainment establishments, and their performers and
employees. The ordinance is intended to aid in the elimination of or mitigation of the
secondary effects of adult entertainment establishments on the community.
Local governments throughout the country have recognized and sought to eliminate or
limit the secondary effects of adult entertainment establishments on their community.
As you are aware, it is not possible to prohibit adult entertainment establishments
because of the protections afforded the exercise of freedom of speech by the First
Amendment to the United States and the Iowa Constitution. It is well established that
nude dancing is expressive conduct protected by the First Amendment. Despite this
protection, the courts have held that pornographic exhibitions and certain types of
dancing may be prohibited and regulated. It is permissible under the First Amendment
to regulate the time, place and manner of this type of expressive speech as long as it is
regulated without reference to the content of the speech, is designed to promote a
substantial government interest and allows reasonable alternative avenues for
communication.
Recent events, including criminal charges, confirm the beginnings of negative
secondary effects related to the adult entertainment establishment in Dubuque. These
regulations attempt to address, and hopefully limit, the secondary effects observed in
studies from other communities and in Dubuque.
The recommended licensing regulatory ordinance contains the following key elements:
1. Adult entertainment establishments must be licensed by the City of Dubuque.
2. Adult entertainment establishment performers must obtain an identification form
from the Police Department.
3. Adult entertainment establishment employees must obtain an identification form
from the Police Department.
4. The licenses and forms may be denied or revoked for criminal activity or
violation of the adult entertainment establishment license regulations.
5. The adult entertainment establishment, and its performers and employees must
pay a fee as part of the application process with the fee to be established by
the City Manager.
6. The City has the authority to inspect all licensed adult entertainment
establishments.
7. Hours of operation are limited to the hours of 8:00 a.m. to 2:00 a.m.
8. Separate restrooms are required to separate patrons from performers and other
employees.
9. Certain acts are prohibited such as patrons or performers performing nude;
sexual activity between performers, employees and patrons is prohibited; and
private areas in the establishment are prohibited.
10. Exterior displays and signage is prohibited, as are loud speakers and sound
amplification, audible beyond the property lines.
11. Gambling is prohibited.
12. A manager's station with visibility to all areas of the premises and video
surveillance is required.
13. An age limitation of 18 years of age is established for admission to the
establishment.
14. Adult booths require unobstructed visibility and occupancy is limited to one
person.
15. Doors which obstruct visibility and locked doors are not permitted.
16. Minimum lighting standards are required.
17. Straddle dances are prohibited.
18. Performers must at all times maintain a distance of six feet (6') from patrons
and may perform only on a platform raised three feet (3') above floor level and
surrounded by a three foot (3') railing. Performers may not solicit or accept
money or tips or any other items from patrons.
19. The consumption of or permitting the consumption of alcohol in an adult
entertainment establishment is prohibited.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mich el C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Tim O'Brien, Assistant City Attorney
Michael C. Van Milligen
City Manager
THE CTTY OF
DUB E MEMORANDUM
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.LAMES (TIM A. O~BRIEN, ESQ. ~ '. r
ASSISTANT CITY ATTORNEY ~.~ `
To: Michael C. Van Milligen
City Manager
DATE: March 7, 2008
RE: Ordinance Licensing and Regulating Adult Entertainment Establishments,
Performers and Employees
INTRODUCTION
This memorandum transmits a proposed ordinance regulating and licensing adult
entertainment establishments, and their performers and employees. It is intended to aid
in the elimination of or mitigation of the secondary effects of adult entertainment
establishments on the community.
BACKGROUND
Local governments throughout the country have recognized and sought to eliminate or
limit the secondary effects of adult entertainment establishments on their community.
As you are aware, it is not possible to prohibit adult entertainment establishments
because of the protections afforded the exercise of freedom of speech by the First
Amendment to the United States and the Iowa Constitution. It is well established that
nude dancing is expressive conduct protected by the First Amendment. Despite this
protection, the courts have held that pornographic exhibitions and certain types of
dancing may be prohibited and regulated. It is permissible under the First Amendment
to regulate the time, place and manner of this type of expressive speech as long as it is
regulated without reference to the content of the speech, is designed to promote a
substantial government interest and allows reasonable alternative avenues for
communication.
The routes most commonly chosen by local governments to regulate adult
entertainment establishments are zoning regulation and licensing. The "substantial
governmental interest" which justifies these regulations is the interest of the government
in limiting the secondary effects commonly associated with adult entertainment
establishments, including increased illegal drug activity, property crime such as
burglary, larceny and auto theft, violent crimes such as rape, murder, robbery and
assault, sex crimes such as rape, prostitution, indecent exposure, lewd and lascivious
behavior, and child molestation, and the maintenance of property values and the
prevention of communicable diseases.
The City of Dubuque currently maintains a regulatory scheme for adult entertainment
establishments through the Zoning Ordinance. The Dubuque ordinance seeks to
accomplish these goals through the requirement of spacing between adult
entertainment establishments and certain other uses in the community. Other
communities seek to combat these secondary effects through the licensing and
regulation of adult entertainment establishments. This approach requires that every
adult entertainment establishment secure a license from the city. The application for
such a license requires disclosure of ownership and background information for the
owners of the business. Many ordinances also require that performers and employees
obtain identification forms from the city and undergo a background check prior to
performing or working for an adult entertainment establishment. These ordinances also
frequently contain requirements relating to the hours of operation and the physical
layout of the establishment, provide for lighting standards, prohibit physical contact
between performers and patrons and require that performance areas be a minimum
distance from patron areas of the establishment.
These types of regulations have received approval from courts throughout the country,
including our own United States Court of Appeals for the Eighth Circuit.
STUDIES
The following information was compiled by the Planning Services Department. It is in
summary form and the actual studies can be made available to you for review or be
reviewed in the Planning Services Department.
Los Angeles Study - 1977
The first study was conducted by the City of Los Angeles in 1977. The study concluded
that:
More crime occurred where sexually oriented businesses were
concentrated. Compared to City-wide statistics for 1979-75, areas with
several such businesses experienced greater increases in pandering (340
percent), murder (42.3 percent), aggravated assault (45.2 percent),
robbery (52.6 percent) and purse snatching (17 percent). Street
robberies, where the criminal has face-to-face contact with his victim,
increased almost 70 percent more in the study areas. A second category
of crime, including other assaults, forgery, fraud, counterfeiting,
embezzlement, stolen property, prostitution, narcotics, liquor laws and
gambling increased 42 percent more in the study areas over the city as a
whole.
2
Phoenix Study - 1979
The second study was conducted by the City of Phoenix, Arizona in 1979. The study
concluded that:
The results show a marked increase in sex offenses in neighborhoods
with sexually oriented businesses, and increases in property and violent
crimes as well.
Three study areas (near locations of sexually oriented businesses) and
three control areas (with no sexually oriented businesses) were selected.
The study and control areas were paired according to the number of
residents, median family income, percentage of non-white population,
median age of population, percentage of dwelling units built since 1950,
and percentage of acreage used for residential and non-residential
purposes.
Three categories of criminal activity were included in the study: property
crimes (burglary, larceny and auto theft), violent crimes (rape, murder,
robbery and assault), and sex crimes (rape, indecent exposure, lewd and
lascivious behavior, and child molestation).
On average, the number of sex offenses was 506 percent greater in
neighborhoods where sexually oriented businesses were located. In one
of the neighborhoods, the number was 1,000 percent above the
corresponding control area. Of the sex offenses, indecent exposure was
the most common offense and the largest contributor to the increase of
crimes in areas where sexually oriented businesses were located. Even
without considering the crime of indecent exposure, the number of other
sex crimes, such as rape, lewd and lascivious behavior, and child
molestation, was 132 percent greater than the control areas without
sexually oriented businesses.
On average, the number of property crimes was 43 percent greater in
neighborhoods where sexually oriented businesses were located, and the
number of violent crimes was 4 percent higher in those areas.
Minneapolis Study - 1980
The third study was conducted by the City of Minneapolis in 1980. The study concluded
that:
.....concentrations of sexually oriented businesses have significant
relationship to higher crime and lower property values.
Indianapolis Study - 1984
3
The fourth study was conducted by the City of Indianapolis in 1984. The study
concluded that:
From 1978-82, crime increases in the study areas were 23 percent higher
than the control areas (46 percent higher than the city as a whole). Sex-
related crimes in the study areas increased more than 20 percent over the
control areas. Residential locations in the study areas had a 56 percent
greater crime increase than commercial study areas. Sex-related crimes
were four times more common in residential study areas than commercial
study areas with sexually oriented businesses.
Homes in the study areas appreciated at only half the rate of homes in the
control areas, and one-third the rate of the city. "Pressures within the
study areas" caused a slight increase in real estate listings, while the city
as a whole had a 50 percent decrease, denoting high occupancy turnover.
Appraisers responding to the survey said one sexually oriented business
within one block of residences and businesses decreased their value and
half of the respondents said the immediate depreciation exceeded 10
percent. Appraisers also noted that value depreciation on residential
areas near sexually oriented businesses is greater than on commercial
locations. The report concluded: "The best professional judgment
available indicates overwhelmingly that adult entertainment businesses -
even a relatively passive use such as an adult bookstore - have a serious
negative effect on their immediate environs."
Recent events, including criminal charges confirm the beginnings of these secondary
effects related to the adult entertainment establishment in Dubuque. These regulations
attempt to address, and hopefully limit, the secondary effects observed in the studies
and in Dubuque.
The licensing/regulatory ordinance which is being proposed contains the following key
elements:
1. Adult entertainment establishments must be licensed by the City of Dubuque.
2. Adult entertainment establishment performers must obtain an identification form
from the Police Department.
3. Adult entertainment establishment employees must obtain an identification form
from the Police Department.
4. The licenses and forms may be denied or revoked for criminal activity or
violation of the adult entertainment establishment license regulations.
4
5. The adult entertainment establishment, and its performers and employees must
pay a fee as part of the application process with the fee to be established by
the City Manager.
6. The City has the authority to inspect all licensed adult entertainment
establishments.
7. Hours of operation are limited to the hours of 8:00 a.m. to 2:00 a.m.
8. Separate restrooms are required to separate patrons from performers and other
employees.
9. Certain acts are prohibited such as patrons or performers performing nude;
sexual activity between performers, employees and patrons is prohibited; and
private areas in the establishment are prohibited.
10. Exterior displays and signage is prohibited as are loud speakers and sound
amplification, audible beyond the property lines.
11. Gambling is prohibited.
12. A manager's station with visibility to all areas of the premises and video
surveillance is required.
13. An age limitation of 18 years of age is established for admission to the
establishment.
14. Adult booths require unobstructed visibility and occupancy is limited to one
person.
15. Doors which obstruct visibility and locked doors are not permitted.
16. Minimum lighting standards are required.
17. Straddle dances are prohibited.
18. Performers must at all times maintain a distance of six feet (6') from patrons
and may perform only on a platform raised three feet (3') above floor level and
surrounded by a three foot (3') railing. Performers may not solicit or accept
money or tips or any other items from patrons.
19. The consumption of or permitting the consumption of alcohol in an adult
entertainment establishment is prohibited.
5
RECOMMENDATION
In an effort to reduce the negative secondary effects associated with adult
entertainment establishments, it recommended that the accompanying ordinance be
considered and adopted.
JAO:tIs
Enclosure
cc: Barry A. Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Kim Wadding, Chief of Police
Laura Carstens, Planning Services Manager
Guy Hemenway, Associate Planner
F:\USERS\tsteckle\O'BrienWdult Entertainment\MVM_LicensingRegulatingAdultEntertainmentOrdinance_030708.doc
6
Preparers James A. O'Brien Address: Suite 330. Harbor View Place 300 Main Street
Dubuque, IA 52001 Telephone: (5631 583-41138550
ORDINANCE NO. 25-08
AMENDING CHAPTER 31, LICENSES AND MISCELLANEOUS BUSINESS
REGULATIONS, OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY
ADDING A NEW ARTICLE X, CONTAINING SECTIONS 31.140 THROUGH
31.158, REGULATING AND REQUIRING LICENSURE OF ADULT
ENTERTAINMENT ESTABLISHMENTS AND PROHIBITING CERTAIN
ACTIVITY
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Chapter 31 of the Dubuque Code of Ordinances is hereby
amended by adding the following new Article X:
CHAPTER 31
ARTICLE X
31.140 Purpose and Authority.
It is the purpose of this chapter to regulate sexually oriented businesses to
promote the health, safety and general welfare of the citizens of the City of
Dubuque, and to establish reasonable and uniform regulations to prevent the
adverse secondary effects of sexually oriented businesses. It is not the purpose
of this chapter to impose a limitation or restriction on the content of any form of
expression or communication. Similarly, it is not the intent of this chapter to
restrict or deny access by adults to sexually oriented materials protected by the
First Amendment.
Based on evidence concerning the adverse secondary effects of adult uses on
the community as presented to the city council at meetings and in reports and in
studies conducted in other communities the city council finds:
Sexually oriented businesses lend themselves to ancillary unlawful and/or
unhealthy activities that are not controlled by the operators of such
establishments, particularly those which provide private or semi-private booths,
including sexual acts, masturbation, oral and anal sex;
Crime rates in the immediate vicinity of Adult Entertainment Establishments are
generally higher that those for other non-adult related businesses. These include,
but are not limited to, property crimes (burglary, larceny and auto theft), violent
crimes (rape, murder, robbery and assault), and sex crimes (rape, indecent
exposure, lewd and lascivious behavior, and child molestation). One study
indicated that the number of property crimes was 43 percent greater in
neighborhoods where sexually oriented businesses were located, and the
number of violent crimes was 4 percent higher in those areas. Another study
concluded that assaults, forgery, fraud, counterfeiting, embezzlement, stolen
property, prostitution, narcotics, liquor laws and gambling crimes increased 42
percent more in areas located in close proximity to Adult Entertainment
Establishments than within the city as a whole;
Offering and providing such space encourages such activity which creates
unhealthy, unsanitary conditions;
Persons frequent certain sexually oriented businesses for the purpose of
engaging in sex within the premises of such business;
Communicable diseases may be spread by activities occurring in some sexually
oriented businesses, including, but not limited to, syphilis, gonorrhea, chlamydia,
human immunodeficiency virus infection, genital herpes, hepatitis, amebiasis,
salmonella infections and shigella infections;
Sanitary conditions in some sexually oriented businesses are unhealthy, in part,
because the activities conducted there are unhealthy, and, in part, because of
the unregulated nature of the activities and the failure of the owners or operators
to self-regulate those activities and maintain the facilities in a sanitary condition;
Numerous studies have determined that semen is found in areas of sexually
oriented businesses where persons view adult entertainment;
A study concluded that concentrations of Adult Entertainment Establishments
have a significant relationship with lower property values. Homes in the study
areas appreciated at only half the rate of homes in the control areas, and one-
third the rate of the city. Appraisers noted that one sexually oriented business
within one block of residences and businesses decreased their value and that the
immediate depreciation exceeded 10 percent. Appraisers also noted that value
depreciation on residential areas near sexually oriented businesses is greater
than on commercial locations. They concluded that the best professional
judgment available indicates overwhelmingly that adult entertainment businesses
- even a relatively passive use such as an adult bookstore - have a serious
negative effect on their immediate environs;
Sexually oriented businesses have operational characteristics which should be
reasonably regulated in order to protect the surrounding neighborhoods and
community;
A reasonable licensing procedure is an appropriate mechanism to place the
burden of that reasonable regulation on the owners and/or operators of sexually
oriented businesses; further, such licensing will place a heretofore nonexistent
incentive on the owners and/or operators to see that sexually oriented
businesses are run in a manner consistent with the health, safety and welfare of
its patrons and employees, as well as the citizens of the City of Dubuque;
Requiring licensing of sexually oriented businesses and compliance with the
reasonable regulations imposed by a licensing scheme will help reduce the
incidence of certain types of criminal behavior, will aid in the prevention of the
spread of sexually transmitted diseases and reduce the impact of adverse
secondary effects on the neighborhoods surrounding sexually oriented
businesses;
31.141 Definitions.
For the purposes of this chapter, the following terms, phrases and words shall
have the meanings set forth herein.
A. "Adult booth" shall mean any area of an Adult Entertainment
Establishment that is set off from the remainder of such establishment by one or
more walls, partitions or other dividers and which is used to show, exhibit, play,
display or otherwise demonstrate any adult materials or to view any live
performance that is distinguished or characterized by an emphasis on the
exposure, depiction or description of any specified anatomical areas or the
performance or simulation of any specified sexual activities.
B. "Adult Entertainment Establishment Business License" shall mean a
license issued to an Adult Entertainment Establishment pursuant to the
provisions of this chapter.
C. "Adult Entertainment Establishment" shall mean an establishment having
as a substantial or significant portion of its business the offering of entertainment,
adult material stock in trade of materials, scenes or other presentations
characterized by emphasis on depiction or description of "specified sexual
activities" or "specified anatomical areas" as herein defined or an establishment
providing parking to Adult Entertainment Establishment Patrons of an Adult
Entertainment Establishment.
D. "Adult Entertainment Establishment Employee" shall mean any individual,
including the manager(s), security, bartenders, waitresses, and all other persons
working at the establishment when it is open to patrons; but does not include any
Adult Entertainment Establishment Performer or persons whose presence at the
licensed establishment occurs only when the establishment is not open to Adult
Entertainment Establishment Patrons. This definition shall not include persons
delivering merchandise, food and beverages for sale or rent by the Adult
Entertainment Establishment, or persons whose sole function is to perform
cleaning, maintenance or repairs to the licensed premises, its fixtures or
equipment.
E. "Adult Entertainment Establishment Patron" shall mean any individual,
other than an Adult Entertainment Establishment Employee or Adult
Entertainment Establishment Performer, present in or at any Adult Entertainment
Establishment open for business; or any individual who solicits the services of or
provides any form of consideration to an Adult Entertainment Establishment
Employee or Performer regardless of location in relation to an Adult
Entertainment Establishment premises. This definition shall not include persons
delivering merchandise, food and beverages for sale or rent by the Adult
Entertainment Establishment , or persons performing maintenance or repairs to
the Adult Entertainment Establishment, its fixtures or equipment.
F. "Adult Entertainment Establishment Performer" shall mean any individual
who performs for, dances for, models for or similarly entertains an Adult
Entertainment Establishment Patron, including but not limited to escorts,
performers, entertainers, dancers, models, companions and similar persons,
whether independently contracted with or indirectly or directly employed by an
Adult Entertainment Establishment. Adult Entertainment Establishment Performer
shall include any person who displays specified anatomical areas or performs or
simulates specified sexual activity while on the premises of an Adult
Entertainment Establishment and any person engaging in fighting, boxing or
similar combat, with or without compensation while on the premises of an Adult
Entertainment Establishment.
G. "Adult Material" shall mean any of the following, whether new or used:
1. Books, magazines, periodicals, or other printed matter or digitally
stored materials, films, motion pictures, video cassettes, audio cassettes,
slides, computer displays or other visual or audio representations or
recordings of any kind, DVD, CD rom, or similar item that is distinguished
or characterized by an emphasis on the exposure, depiction, description,
imagery or visual representation of any specified anatomical area or the
performance or simulation of any specified sexual activity.
2. Instruments, novelties, devices or paraphernalia that are designed
for use in connection with specified sexual activities or that depict,
describe or portray specified anatomical areas; except that this definition
shall not include those items used for birth control or for the prevention of
sexually transmitted diseases.
H. "Establishment" means any place where parking, admission, services,
performances, or products are provided for or upon payment of any form of
consideration.
I. "Licensee" shall mean any person or business entity that has been issued
an Adult Entertainment Establishment Business License pursuant to the
provisions of this chapter.
J. "Specified Anatomical Area" shall mean any of the following:
1. Less than completely and opaquely covered human genitals; pubic
region; buttocks; anus; or female breast below a point immediately above
the top of the areola but not including any portion of the cleavage
exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing
apparel provided the areola is not exposed;
2. Human male genitals in a discernibly turgid state, even if
completely and opaquely covered or any device or covering that when
worn, simulates human male genitals in a discernibly turgid state.
K. "Specified Criminal Act" shall mean any unlawful lewd, indecent or
immoral conduct, including but not limited to, any of the acts specified in any of
the following statutes or ordinances:
1. Chapter 708of the Code of Iowa, assault;
2. Chapter 709 of the Code of Iowa, sexual abuse;
3. Subsection 709A.1(2)(a) of the Code of Iowa, contributing to
juvenile delinquency;
4. Section 710.1, Section 710.5, Section 710.8 and Section 710.10 of
the Code of Iowa, kidnapping, child stealing, harboring a runaway child,
enticing a child;
5. Section 724.26 and Section 724.30 of the Code of Iowa, firearms;
6. Section 725.1, Section 725.2, Section 725.3 and Section 725.4 of
the Code of Iowa, prostitution, pimping, pandering and leasing a premises
for prostitution;
7. Section 726.1 of the Code of Iowa, bigamy;
8. Section 726.2 of the Code of Iowa, incest;
9. Section 726.6 of the Code of Iowa, child endangerment;
10. Chapter 728 of the Code of Iowa, obscenity;
11. Subsection 124.401(1)(a), (b), and (c) of the Code of Iowa,
controlled substances;
L. "Specified sexual activity" shall mean any of the following:
1. The fondling or touching of one person's human genitals, pubic
region, buttocks, anus or female breasts by another person;
2. Sex acts, normal or perverted, actual or simulated, including
without limitation, cunnilingus, fellatio, anilingus, bestiality, intercourse,
oral copulation or sodomy;
3. Masturbation, actual or simulated;
4. Excretory or urinary functions as part of or in connection with any of
the activities set forth in paragraphs 1, 2, or 3 of this definition.
M. "Straddle Dance" shall mean the use by an Adult Entertainment
Establishment Employee or Performer or his or her body to touch the genitals,
pubic region, buttocks, anus or female breast of any Adult Entertainment
Establishment Patron, or the touching of genitals, pubic region, buttocks, anus or
female breast of any person by an Adult Entertainment Establishment Patron.
Touching constitutes a straddle dance regardless of whether the physical contact
occurs while one person is displaying or exposing a specified anatomical area or
whether the physical contact is direct or through a medium such as clothing or
money. The terms lap dance, table dance, and face dance shall be included in
the definition of straddle dance.
N. "Substantial or Significant Portion of its Business" shall mean that ten
percent or more of the establishment's income is derived from providing parking
to Adult Entertainment Establishment Patrons, the sale, rental, exchange or
viewing of any adult material; or ten percent or more of the establishment's stock
in trade or floor space is utilized for the display of any adult material; or that one
or more persons appearing, performing or working in a state of nudity constitutes
a fundamental or essential part of or attraction of the business. Regardless of the
foregoing, any establishment that advertises or holds itself out as "XXX", "adult",
or "sex" in conjunction with adult material and/or nude appearances or
performances is deemed to meet the substantial or significant portion of its
business standard.
31.142 Adult Entertainment Establishment Business License Required.
A. An Adult Entertainment Establishment Business License shall be required
to establish, operate or maintain an Adult Entertainment Establishment within the
City of Dubuque. Except as provided in subsection 31.142(6), it shall be
unlawful for any person or entity not having a current and valid Adult
Entertainment Establishment Business License to establish, operate or maintain
an Adult Entertainment Establishment within the City of Dubuque.
B. An Adult Entertainment Establishment existing or operating on or prior to
the effective date of this chapter may continue to exist and operate, provided,
however, that the existing establishment shall secure an Adult Entertainment
Establishment Business License not less than sixty days after the effective date
of this chapter.
C. An Adult Entertainment Establishment Business License may be renewed
only by making application as required for an initial license pursuant to Section
31.143. An application for renewal shall be made at least thirty days before the
expiration of the then-current licensed term. The expiration of a license shall not
be affected or extended by a renewal application that is made less than thirty
days before the expiration of the then-current licensed term.
31.143 Application.
A. An application for an Adult Entertainment Establishment Business
License, or the renewal thereof, shall be made in writing to the city clerk on a
form prescribed by said city clerk and shall be signed (1) by the applicant, if the
applicant is an individual; (2) by at least one of the persons entitled to share in
the profits of the organization and having unlimited personal liability for the
obligations of the organization, and the right to bind all other such persons, if the
applicant is a partnership, joint venture, or any other type of organization where
two or more persons share in the organization's profits and liabilities; (3) by a
duly authorized agent, if the applicant is a corporation; or (4) by the trustee, if the
applicant is a land trust. The application shall be verified by oath or affidavit as to
the veracity of all statements made on or in connection with the application and
any attachments thereto. Each application shall specifically identify the applicant
and the premises for which the Adult Entertainment Establishment Business
License is sought.
B. Every application for an Adult Entertainment Establishment Business
License, or for the renewal of an existing Adult Entertainment Establishment
Business License shall be accompanied by a license fee in an amount
established the city manager. Additionally, an administrative processing fee
must be remitted for each individual disclosed in the application pursuant to
Section 31.143C,1; C,2 and C,11, in an amount established by the city manager.
License fees and administrative processing fees are nonrefundable.
C. Each application shall include the following information and documents:
Applicant
(a) Individuals. The applicant's legal name, all of the applicant's
aliases, the applicant's residence and business addresses, the
applicant's social security number, and driver's license number,
written proof of the applicant's age, the place of birth and
citizenship of the applicant and, if a naturalized citizen, the time and
place of the applicant's naturalization.
(b) Corporations. The applicant corporation's complete name
and official business address; the legal name, all aliases, and the
ages, residence and business addresses, social security number
and driver's license number of all directors, officers and managers
of the corporation, and of every person or entity owning or
controlling more than fifty percent of the voting shares of the
corporation; the corporation's date and place of incorporation and
the objects for which it was formed; proof that the corporation is a
corporation in good standing and authorized to conduct business in
the state of Iowa; and the name, address and telephone number of
the registered corporate agent for service of process.
(c) Partnerships, joint ventures, etc. The applicant organization's
complete name and official business address, the legal name, all
aliases, and the ages, residence and business addresses, social
security number and driver's license number of each partner or any
other person entitled to share in the profits of the organization,
whether or not such person is also obligated to share in the
liabilities of the organization.
(d) Land trusts. The applicant land trust's complete name; the
legal name, all aliases, and the ages, residence and business
addresses, social security and driver's license number of each
trustee and beneficiary of the land trust and the specific interest of
each such beneficiary in the land trust; and the interest, if any, that
the land trust holds in the licensed premises;
2. If a corporation or a partnership is an interest holder that must be
disclosed pursuant to Sections 31.143, C1,b; C1,c or C1,d above, then
such interest holders shall disclose the information required by those
subsections with respect to their interest holders.
3. The general character and nature of the business of the applicant.
4. The length of time that the applicant has been in the business of
the character specified in response to Section 31.143C,3 above.
5. The location, street address, legal description and telephone
number of the premises for which the Adult Entertainment Establishment
Business License is sought.
6. The specific name of the business that is to be operated under the
Adult Entertainment Establishment Business License.
7. The identity of the fee simple owner of the property on which the
Adult Entertainment Establishment is located.
8. A diagram prepared and signed by a licensed engineer or architect
showing the internal and external configuration of the Adult Entertainment
Establishment, including all doors, windows, entrances, exits, the fixed
structural internal features of the premises, plus interior rooms (identifying
the use to which each room will be put), walls, partitions, stages,
performance areas, and restrooms. The diagram shall also designate the
precise location in the Adult Entertainment Establishment where the Adult
Entertainment Establishment Business License will be posted. Each
diagram shall be oriented to the north and some designated street or other
structure, and shall be drawn to its designated scale or with marked
dimensions to an accuracy of plus or minus six inches and sufficient to
clearly show the various interior dimensions of all areas of the licensed
premises. The requirements of this subsection shall not apply for renewal
applications provided the applicant adopts a diagram that was previously
submitted for the license sought to be renewed and provided the applicant
certifies that the premises has not been altered since the immediately
preceding issuance of the license and that the previous diagram continues
to accurately depict the interior and exterior layout of the premises. The
approval or use of the diagram required by this chapter shall not be
deemed to be, and shall not be considered or interpreted or construed to
constitute approval pursuant to any other applicable City Codes,
ordinances or regulations.
9. Whether the applicant or any of the individuals identified in the
application pursuant to Section 31.143C,1; C,2 and C,11 above, within the
five years immediately preceding the date of the application, has been
convicted, pleaded nolo contendere to, or is currently charged with
committing, by indictment or information, any specified criminal act. As to
each conviction, plea or charge, the applicant or other individual shall
provide the conviction date or plea date, the case number, the nature of
the misdemeanor or felony violation, the name and location of the court in
which the case was handled and, if a felony conviction, the date upon
which the applicant's or other person's rights were restored by the
governor together with a copy of said restoration of rights.
10. Whether the applicant or any of the individuals identified in the
application pursuant to Section 31.143C,1; C,2 and C,11 above, has had a
license or other authorization to conduct or operate a business
substantially the same as an Adult Entertainment Establishment or any
business requiring a liquor or gaming license, revoked or suspended; and,
if so, the date and grounds for each such revocation or suspension, the
name and address of the location of the establishment at issue and the
name of the governing body that took administrative action to suspend or
revoke said license.
11. The name, residential address and telephone number of the
individual or individuals who shall be the day-to-day on-site managers of
the proposed Adult Entertainment Establishment.
12. For the individual or individuals executing the application pursuant
to Section 31.143A of this chapter, and for the individual or individuals
identified in Section 31.143C,1; C,2 and C,11 a fully executed waiver on a
form prescribed by the City to obtain criminal conviction information based
upon fingerprint identification pursuant to the Iowa Code and Section
31.143D below.
D. Each application shall include the following information and documents:
1. Prior to the issuance of a license, the applicant and all persons
required to be identified in Section 31.143C,1; C,2 and C,11 shall be
photographed and fingerprinted by the City of Dubuque chief of police,
said fingerprinting to be used in connection with obtaining the person's
criminal history information. No license shall be issued until such time as
the photographing and fingerprinting have been completed.
2. If at any time after the issuance of a license or during the course of
consideration of an application filed pursuant to this chapter, the
composition of the partnership or corporation changes from that stated in
Section 31.143C, or if a new manager or other Adult Entertainment
Establishment Employee is employed, the applicant or Licensee shall
cause the new persons to be identified as would otherwise be required by
this code for an application, and to be photographed and finger-printed,
and that information, together with the waiver form required by Section
31.143C,12 shall be submitted to the city clerk within five days of the
change or new employment.
3. Notice of any change contemplated by Section 31.143D,2 above,
after the issuance of a license, shall be given to the city clerk within five
days of the change. Failure to give the notice shall constitute good and
sufficient basis for revoking or suspending the license.
4. Failure to comply with the provisions of this section shall constitute
good and sufficient basis or revoking or suspending a license or if such
license has not yet been issued, to refuse the issuance of the license.
Failure to comply with the provisions of this section shall also be cause to
refuse to renew a license.
E. Any application for an Adult Entertainment Establishment Business
License that does not include all of the information and documents required by
this chapter, as well as the administrative processing fees required, shall be
deemed to be incomplete and shall not be acted upon or processed by the City.
The city clerk shall, within five days of the submission of an incomplete
application, return the application to the applicant, along with a brief written
explanation of the reason or reasons why the application is not complete.
31.144 Application Processing.
A. Within five days after the receipt of a complete application for an Adult
Entertainment Establishment Business License as well as the applicable fees,
the city clerk shall transmit a copy of the application to the city manager, the fire
department, the health department, the building department, the planning
department and the chief of police (the reviewing departments).
B. Each reviewing department shall, within fourteen days after the transmittal
of the application (1) review the application; (2) conduct such inspections of the
proposed licensed premises and the background and criminal history
investigations of the applicant and all individuals identified in the application
regarding the matters within their respective jurisdictions, as shall be reasonably
necessary to verify the information set forth in the application and to determine
whether the proposed Adult Entertainment Establishment complies with the
requirements of this chapter and other applicable laws, codes, ordinances, rules
and regulations; and (3) prepare and submit to the city manager a written report
regarding the results and findings of such reviews, inspections and
investigations, including an explanation of the specific reasons the applicable
laws and regulations if the written report recommends disapproving the license.
C. In the event that the premises has not yet been constructed or
reconstructed to accommodate the proposed Adult Entertainment Establishment,
the reviewing departments shall base their respective written reports,
investigations and inspections, to the extent necessary, on the diagrams
submitted in the application. Any Adult Entertainment Establishment Business
License issued prior to the construction or reconstruction necessary to
accommodate the Adult Entertainment Establishment shall contain a condition
that the Adult Entertainment Establishment shall not be open for business until
the premises has been inspected and determined to be in substantial compliance
with the diagram submitted with the application.
D. An applicant for an Adult Entertainment Establishment Business License
shall cooperate fully in the inspections and investigations conducted by the
reviewing departments. The applicant's failure or refusal (1) to give any
information reasonably relevant to the investigation of the application; (2) to allow
the licensed premises to be inspected; (3) to appear at any reasonable time and
place for examination under oath regarding the application; or (4) to otherwise be
uncooperative with an investigation or inspection required by this chapter, shall
constitute an admission by the applicant that the applicant is ineligible for an
Adult Entertainment Establishment Business License and shall be good and
sufficient basis for denial of the license by the City.
E. The city manager shall, within thirty days after the submission of a
properly completed application either issue an Adult Entertainment Establishment
Business License to the applicant or shall deny the issuance of a license.
31.145 Standards for Issuance or Denial of License.
A. Issuance. The city manager shall issue or deny an Adult Entertainment
Establishment Business License to an applicant in accordance with the following
standards and based upon the reports, investigations and inspections and
recommendations of the reviewing departments and on any other credible
information on which it is reasonable for the city manager to rely:
1. All information and documents required by this chapter have been
properly provided and the information and statements in the application
are true and correct;
2. All persons identified in the application pursuant to Section
31.143C,1; C,2 and C11 are at least twenty-one years of age and not
under any legal disability;
3. No person identified pursuant to Section 31.143C,1; C,2, or C11
has been convicted of or pleaded nolo contendere to a specified criminal
act within the five years immediately preceding the date of the application;
4. No person identified in the application pursuant to Section
31.143C1; C2 and C,11 is overdue on payment to the City of taxes, fees,
fines or penalties assessed against or imposed on, any such individual;
5. No person identified in the application pursuant to Section
31.143C,1; C,2 and C,11 is residing with, married to or a person (1) who
has been denied an Adult Entertainment Establishment Business License
within twelve months immediately preceding the date of the application;
(2) whose Adult Entertainment Establishment Business License has been
revoked within twelve months immediately preceding the date of the
application; or (3) whose Adult Entertainment Establishment Business
License is under suspension at the time of the application.
6. The Adult Entertainment Establishment complies with all then-
applicable building, zoning, health and safety codes and regulations;
7. The applicant has confirmed in writing and verified under oath as
part of the application that the applicant has read this chapter and all
provisions of the City zoning regulations applicable to Adult Entertainment
Establishments, and is familiar with their terms and conditions; and that
the proposed Adult Entertainment Establishment is and shall be in
compliance therewith;
B. Denial. If the city manager determines that the applicant has not met one
or more of the conditions set forth in this chapter, then the city manager shall
deny issuance of the Adult Entertainment Establishment Business License and
shall give the applicant a written notification and explanation of such denial. The
notice of denial shall be delivered in person or by certified mail, return receipt
requested, addressed to the applicant's address as set forth in the application.
The Adult Entertainment Establishment Business License shall be deemed
denied on the day the notice of denial is delivered in person or three days after it
is placed in the U.S. mail as provided by this subsection.
31.146 Adult Entertainment Establishment Employee And Performer
Identification.
A. No person shall work in an Adult Entertainment Establishment as an Adult
Entertainment Establishment Performer or Adult Entertainment Establishment
Employee without first having been issued an Adult Entertainment Establishment
Performer or Adult Entertainment Establishment Employee identification card by
the chief of police.
B. No person shall employ or permit any person to work in an Adult
Entertainment Establishment as an Adult Entertainment Establishment Employee
or Adult Entertainment Establishment Performer in violation of Section 31.146.
C. A person shall make application to the chief of police for an Adult
Entertainment Establishment Performer or Employee identification form. A
person making such application shall (1) remit a nonrefundable fee as
established by the city manager, (2) provide satisfactory proof of identity to the
chief of police together with a copy of a criminal records check from the State of
Iowa (a non-law enforcement record check request form may be obtained from
the chief of police prior to applying) and (3) shall complete and submit a verified
statement on forms provided by the chief of police that said person has not been
convicted of or pleaded nolo contendere to any of the specified criminal acts or a
violation of this chapter within the five years immediately preceding the
application. Upon the receipt of the required documents, proof of identity and fee,
the chief of police shall within 72 hours issue an Adult Entertainment
Establishment Employee or performer identification form to any person required
to have one by this chapter provided said person has not been convicted of or
pleaded nolo contendere to any specified criminal act or with a violation of this
chapter within the five years immediately preceding the date of their application
for an Adult Entertainment Establishment Performer or Employee identification
form.
D. An Adult Entertainment Establishment Performer or Employee
identification form shall be displayed upon the request of any city employee
inspecting an Adult Entertainment Establishment. If such request is made by a
police officer, an Adult Entertainment Establishment Performer must also be able
to produce a valid driver's license or other satisfactory evidence of identification
in addition to their performer identification card. All Adult Entertainment
Establishment Performer and Employee identification forms remain the property
of the city. It shall be unlawful for any person to possess such an identification
card in any manner inconsistent with the provisions of this chapter. The
Performer or Employee to whom the identification card has been issued shall
keep, maintain, safeguard and hold the performer or employee identification card
in his or her possession and must be able to produce the identification card at
any time while working at or entertaining at an Adult Entertainment
Establishment.
E. An Adult Entertainment Establishment Performer or Employee
identification form shall contain the following information: the performer
identification form number assigned to the person; the person's full name and the
person's date of birth.
F. An Adult Entertainment Establishment Performer or Employee
identification form may be revoked or suspended by the city manager for any of
or a plea of polo contendere to any specified criminal act or a violation of this
chapter and the identification form shall be surrendered immediately.
G. All Adult Entertainment Establishment Performer and Employee
identification forms shall be valid, unless first suspended or revoked, for a term of
one year.
31.147 Inspections by City.
A. Reviewing departments and other city representatives shall inspect all
Adult Entertainment Establishments as may be necessary to determine
compliance with the provisions of this chapter prior to license issuance and may
periodically inspect for the purpose of determining continuing compliance with
this chapter.
B. The Licensee shall permit city representatives to inspect the Adult
Entertainment Establishment for the purpose of determining compliance with the
provisions of this chapter and all other applicable laws at any time during which
an Adult Entertainment Establishment Patron is on the premises or the premises
is otherwise occupied.
C. It shall be unlawful for the Licensee, any Adult Entertainment
Establishment Employee or Performer, or any other person to prohibit, interfere
with or refuse to allow any lawful inspection conducted by city representatives
pursuant to this chapter or any other chapter of the City Code.
D. Licensee conduct in violation of section 31.146C above shall be good and
sufficient basis for suspension or revocation of the Adult Entertainment
Establishment Business License pursuant to this chapter.
E. It shall be unlawful for any person to operate any kind of warning device,
alarm, siren or other similar system for the purpose of warning or aiding and
abetting the warning of any Adult Entertainment Establishment Employee or
Performer, Adult Entertainment Establishment Patron or other person that city
representatives are approaching or have entered the Adult Entertainment
Establishment.
31.148 Change of information.
During the pendency of any application for, or during the term of, any Adult
Entertainment Establishment Business License, the applicant or Licensee shall
promptly notify the city clerk in writing (1) of any change in any information given
by the applicant or Licensee in the application for or renewal of such license,
including but not limited to any change in managers of the Adult Entertainment
Establishment, or any individuals identified in the application pursuant to Section
31.143C,1; C,2 or C,11 of this chapter; or (2) of the occurrence of events
constituting grounds for suspension or revocation under this chapter.
31.149 Regulations Applicable to all Adult Entertainment Establishments.
A. General Compliance. All Adult Entertainment Establishments shall comply
with the provisions of this chapter, all other applicable city ordinances,
resolutions, rules and regulations, and all other applicable federal, sate and local
laws.
B. Hours of Operation. Adult Entertainment Establishments shall close by
2:00 a.m. and shall not re-open for business until after 8:00 a.m.
C. Restrooms. Separate male and female restrooms shall be provided for
and used by Adult Entertainment Establishment Employees and Performers, and
shall be separate from the restrooms provided for and used by Adult
Entertainment Establishment Patrons.
D. Restricted Access. No Adult Entertainment Establishment Patron shall be
permitted to enter any of the nonpublic portions of any Adult Entertainment
Establishment at any time, including without limitation, any storage areas or
dressing rooms or other rooms provided for the benefit of Adult Entertainment
Establishment Employees and Performers. This subsection shall not apply to
persons delivering merchandise, food and beverages, or performing
maintenance or repairs to the Adult Entertainment Establishment, provided
however, that any such persons shall remain in such non-public areas only for
the purposes and to the extent necessary to perform their employment duties.
This subsection shall not apply to persons interviewing for employment as Adult
Entertainment Establishment Employees or Performers provided such persons
remain in such nonpublic areas only for the purpose of interviewing and to the
extent necessary for interviewing.
E. Specific Prohibited Acts.
1. No Adult Entertainment Establishment Patron or any other person
at any Adult Entertainment Establishment, other than an Adult
Entertainment Establishment Employee or Performer employed or
engaged to provide adult entertainment in accordance with the regulations
of this chapter, shall appear, be present, or perform while nude.
2. No Adult Entertainment Establishment Employee or Performer or
any other person at any Adult Entertainment Establishment shall perform
or conduct any specified sexual activities with or for any Adult
Entertainment Establishment Patron or any other Adult Entertainment
Establishment Employee or Performer or any other person. No Adult
Entertainment Establishment Patron or any other person at any Adult
Entertainment Establishment shall perform or conduct any specified
sexual activity with or for any Adult Entertainment Establishment
Employee or Performer or any other Adult Entertainment Establishment
Patron or any other person.
F. Exterior Display. No Adult Entertainment Establishment shall be
maintained or operated in any manner that causes, creates, or allows public
viewing of any adult material, or any entertainment depicting, describing or
relating to specified sexual activities or specified anatomical areas, from any
public rights-of-way or private property other than the lot on which the licensed
premises is located. No portion of the exterior of an Adult Entertainment
Establishment shall utilize or contain any flashing lights, search lights, spotlights,
or other similar lighting systems; or any words, lettering, photographs,
silhouettes, drawings or pictorial representations of any manner except to the
extent allowed pursuant to subsection G of this section with regard to signs. This
subsection shall apply to any advertisement, display, promotional material,
decoration, sign, performance, show, and to any window, door or other opening
to the Adult Entertainment Establishment .
G. Signage. All signs for an Adult Entertainment Establishment shall be flat
wall signs. The maximum allowable sign area shall be one square foot of sign
area per foot of lot frontage on the street, but under no circumstances may a sign
exceed thirty-two square feet. The maximum number of signs shall be one per lot
frontage. Signs otherwise permitted pursuant to this subsection shall contain only
(1) the name of the Adult Entertainment Establishment conducted on the licensed
premises, and/or (2) the specific type of Adult Entertainment Establishment
business conducted on the licensed premises. Temporary signage and banner
signage shall not be permitted in connection with any Adult Entertainment
Establishment .
H. Noise. No loudspeakers or sound amplification equipment audible beyond
the lot lines of the property on which the licensed premises is located shall be
used at any time.
I. Gambling Prohibited. No Adult Entertainment Establishment shall contain
any devices or equipment or implements that are defined as gambling devices
under Iowa law.
J. Manager's Station. Each Adult Entertainment Establishment shall have
one or more manager's stations which shall be occupied by a manager or other
designated person at all times during the business's houses of operation. The
interior of each Adult Entertainment Establishment shall be configured in such a
manner that there is a direct and unobstructed view from the manager's station to
every part of every area, except the restrooms, of the Adult Entertainment
Establishment to which any Adult Entertainment Establishment Patron is legally
permitted access. An Adult Entertainment Establishment shall use a camera
surveillance system, monitored by a manager or other designated person at all
times during the hours of operation, which provides a direct and unobstructed
view to every part of every area, except the restrooms, of the Adult Entertainment
Establishment to which any Adult Entertainment Establishment Patron is legally
permitted access, including all areas of any vehicle parking lot associated with
the Adult Entertainment Establishment. The camera surveillance system shall be
connected to a video recording system operating during all hours the Adult
Entertainment Establishment is open to the public and the recordings shall be
kept for 30 days.
K. Alcohol Prohibition. No Adult Entertainment Establishment may serve or
permit the consumption of alcoholic liquor, wine or beer in the Adult
Entertainment Establishment. No Adult Entertainment Establishment Patron,
Employee or Performer may consume alcoholic liquor, wine or beer in the Adult
Entertainment Establishment.
L Age Limitations. No Adult Entertainment Establishment Employee or
Performer shall be under the age of eighteen years of age. No Adult
Entertainment Establishment Patron shall be under the age of eighteen years of
age.
M. Outdoor and Off-Street Parking. All outdoor and off-street parking areas of
an Adult Entertainment Establishment shall be illuminated from dusk to closing
hours of operation, and any time that any Adult Entertainment Establishment
Patron is present, with a light system which provides an average minimum
maintained horizontal illumination on one foot candle of light on the parking
surface and walkways.
N. Content and Display of License. Every Adult Entertainment Establishment
Business License issued by the City, and shall, at a minimum, prominently state
on its face the name of the Licensee, the expiration date, and the address of the
Adult Entertainment Establishment. Every Licensee shall cause the Licensee's
Adult Entertainment Establishment Business License to be framed, covered by
glass, and displayed at all times in a conspicuous place on the licensed premises
so that is may easily be seen and read at any time by any person entering the
licensed premises.
O. License Term. Adult Entertainment Establishment Business Licenses shall
be valid, unless first terminated, suspended or revoked, for a term of one year.
31.150 Regulations for Adult Booths.
A. Only one person shall occupy an adult booth at any time. No Adult
Entertainment Establishment Patron or other individual occupying an adult booth
shall engage in any specified sexual activity.
B. The entranceway of an adult booth shall be positioned such that it leaves
a permanent, visually and physically unobstructed opening of not less than thirty-
six (36) inches in width and eighty (80) inches in height. An Adult Entertainment
Establishment Patron occupying an adult booth shall be at least partially visible
from outside of the booth at all times.
C. Except for the entranceways, the walls or partitions of each adult booth
shall be constructed and maintained of solid walls or partitions without any holes
or openings whatsoever. The wall and ceiling surfaces shall be constructed or
permanently covered by non-porous, easily cleanable material and shall not
consist of wood, plywood, composition wood panels or other porous material
within six feet of the floor. All ventilation devices must be covered by a
permanently affixed ventilation cover. Ventilation holes may be located in the
ceiling or within one foot from the top of the walls.
D. A sign consisting of letters at least one inch high shall be posted in a
conspicuous place at or near the entranceway to each adult booth. The sign shall
state (1) that only one person is allowed in an adult booth at any time; (2) and
that it is unlawful to engage in any specified sexual activity while in an adult
booth. The sign shall be enclosed or framed in atamper-resistant enclosure or
frame.
E. Whenever the use of an adult booth is relinquished by an Adult
Entertainment Establishment Patron said adult booth shall be cleaned and
sanitized prior to it being occupied by any other Adult Entertainment
Establishment Patron.
31.151 Regulations for Adult Entertainment Establishments.
A. No Adult Entertainment Establishment Patron shall be on or be allowed at
any time to be on any stage or platform.
B. A minimum lighting level of not less than thirty lux horizontal, measured at
thirty (30) inches from the floor and on ten-foot centers shall be maintained at all
times in all areas where Adult Entertainment Establishment Patrons are allowed.
C. Doors to areas on the premises, which are lawfully available for use by
persons other than Adult Entertainment Establishment Employees or Performers,
shall not be locked during business hours.
D. Straddle dances shall be prohibited in all Adult Entertainment
Establishments.
E. An Adult Entertainment Establishment Performer must remain at all times
a minimum distance of six (6) feet from any Adult Entertainment Establishment
Patron, and may only perform on a platform intended for that purpose, which
must be raised at least three (3) feet from the level of the floor on which any
Adult Entertainment Establishment Patron is located and which is surrounded by
a railing not less than three (3) feet above the level of that platform. No Adult
Entertainment Establishment Performer may solicit or accept money, a tip or
other item directly or indirectly from an Adult Entertainment Establishment
Patron.
31.152 Licensee responsibility.
Every act or omission by an Adult Entertainment Establishment Employee or
Performer constituting a violation of any of the provisions of this chapter shall be
deemed to be the act or omission of the Licensee if such act occurs either with
the authorization, knowledge or approval of the Licensee, or as a result of the
Licensee's failure to adequately supervise the Adult Entertainment Establishment
Employee or Performer. Accordingly, any such act or omission by an Adult
Entertainment Establishment Employee or Performer shall be deemed to be the
act or omission of the Licensee for the purpose of determining whether the
Licensee's Adult Entertainment Establishment Business License should be
revoked, suspended or renewed.
31.153 License Revocation or Suspension.
A. Grounds. Pursuant to the procedures set forth hereinafter, the city
manager may suspend, for not more than one year, or revoke, any Adult
Entertainment Establishment Business License if the city manager determines,
based upon credible and reasonably reliable information and evidence that one
or more of the following have occurred:
1. The Licensee has violated any of the provisions or requirements of
this chapter or the zoning provisions of the City Code applicable to Adult
Entertainment Establishments;
2. The Licensee (1) knowingly or negligently furnished false or
misleading information or withheld information on any application or other
document submitted to the City for the issuance or renewal of any Adult
Entertainment Establishment Business License; or (2) knowingly or
negligently caused or suffered any other person to furnish false or
misleading information or to withhold any information on the Licensee's
behalf;
3. The Licensee committed a felony or specified criminal act;
4. The Licensee authorizes, approves, or as a result of the Licensee's
negligent failure to supervise the licensed premises or the Adult
Entertainment Establishment, allows, suffers or permits an Adult
Entertainment Establishment Employee or Performer, an Adult
Entertainment Establishment Patron or any other person to (a) violate any
of the provisions or requirements of this chapter or the license issued
pursuant hereto; or (b) commit any felony or specified criminal act on the
licensed premises; or
5. The Licensee or any person identified pursuant to Section 31.143C
becomes disqualified for the issuance of an Adult Entertainment
Establishment Business License at any time during the term of the license
at issue.
B. An Adult Entertainment Establishment Business License may be
suspended for up to one year or revoked pursuant to the following procedure:
1. Notice. Upon determining that one or more of the grounds for
suspension or revocation exist, the city manager shall serve a written
notice on the Licensee by certified mail, return receipt requested,
addressed to the Licensee's address as set forth in the application. The
notice shall (a) state that the city manager has determined that the
Licensee's Adult Entertainment Establishment Business License is
suspended for a specified number of days or revoked, (b) state the
specific basis for the determination; (c) state the date by which the
Licensee must file an appeal of the suspension or revocation.
2. Upon the suspension or revocation of an Adult Entertainment
Establishment Business License, the city manager shall take custody of
the suspended or revoked license
31.154 Administrative Record.
The city clerk shall keep an accurate record of every Adult Entertainment
Establishment Business License application received and acted upon, together
with all relevant information and materials pertaining to such application, and a
copy of any Adult Entertainment Establishment Business License issued
pursuant to this chapter.
31.155 Recordkeeping by Licensee.
The Licensee of every Adult Entertainment Establishment shall keep and
maintain a register each of its Adult Entertainment Establishment Employees and
Performers. For each such Employee or Performer the register shall include the
following information:
A. Legal name and all aliases;
B. Date of birth;
C. Social Security and driver's license numbers;
D. Gender;
E. Date of commencement of employment or engagement;
F. Date of termination of employment or engagement;
G. A description of the Employee's or Performer's specific job or employment
duties.
The register shall be maintained for all current Adult Entertainment Establishment
Employees and all Adult Entertainment Establishment Employees and
Performers employed or engaged at any time within the immediately preceding
thirty-six months. The Licensee shall make the register of its Adult Entertainment
Establishment Employees or Performers available for inspection by the City
immediately upon demand at all reasonable times.
31.156 Appeal.
A. Any person subject to this Chapter who is aggrieved by an action of the
city manager may appeal from the city manager's action by filing with the city
clerk a written appeal to the city council containing:
(1) A brief statement of the specific order or action protested, together with
any material facts claimed to support the contentions of the applicant.
(2) A brief statement in ordinary and concise language of the reasons why
it is claimed the protested action should be reversed.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk