Chapter 5.10
ADULT ENTERTAINMENT
Sections:
5.10.010 Reserved for future use.
5.10.030 License required for adult entertainment business.
5.10.040 Minors access for businesses engaged in the sale or rental of adult media.
5.10.050 Records maintenance for businesses engaged in the sale or rental of adult media.
5.10.060 License required for managers, servers and entertainers.
5.10.070 License, classification and fees.
5.10.090 Examination of application – Issuance of license – Disapproval.
5.10.100 License – Ineligibility and disqualification.
5.10.120 License – Posting or display.
5.10.140 Inspectors and inspections.
5.10.150 Suspension, revocation or nonrenewal of license.
5.10.010 Reserved for future use.
Reserved. (Code 1990 § 5-201)
5.10.020 Definitions.
For the purposes of this chapter and unless the context plainly requires otherwise, the following definitions are adopted:
A. “Adult entertainment” means any live exhibition, performance, display or dance of any type, including, but not limited to, talking, singing, reading, listening, posing, serving food or beverages, soliciting for the sale of food, beverages or entertainment, pantomiming, modeling, removal of clothing, or any service offered for amusement on a premises where such exhibition, performance, display or dance is intended to seek to arouse or excite the sexual desires of the entertainer, other entertainers or patrons.
B. “Adult entertainment business” means any business including but not limited to:
1. Adult media outlets;
2. Adult motion picture theaters;
3. Juice bars;
4. Establishments providing live dancers, models, entertainers or other performers, having as a material portion of its business the offering of entertainment, stock in trade or materials, scenes or other presentations predominantly distinguished or characterized by emphasis or depiction or description of an erotic nature including, but not limited to, depictions or descriptions of “specified sexual activities” or “specified anatomical areas” (separately defined) to which the public, patrons or members are invited or admitted and wherein an entertainer, manager, or server provides adult entertainment to a member of the public, a patron or a member.
C. “Adult media” means magazines, books, videotapes, movies, slides, paraphernalia or other media which are distinguished or characterized by their emphasis in matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” (separately defined).
D. “Adult media outlet” means any establishment that rents, sells or offers for viewing or other use any adult media, and which meets at least one of the following tests: (1) more than 50 percent of the gross floor area is devoted to adult media; or (2) more than 50 percent of the gross sales (including rentals) on an annual basis result from the sale or rental of adult media.
E. “Adult motion picture theater” means an enclosed building used for presenting or showing, for money or other consideration, movie or video films or pictures or other materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” (separately defined) for observation by customers therein.
F. “Entertainer” means any person who provides adult entertainment within an adult entertainment premises as defined in this section, whether or not a fee is charged or accepted for entertainment.
G. “Manager” means any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment premises.
H. “Operator” means any person operating, conducting or maintaining an adult entertainment business.
I. “Person” means any individual, partnership, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity or other entity or groups of persons however organized.
J. “Public place” means any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and automobiles whether moving or not.
K. “Server” means any person who serves food or drink at an adult entertainment business.
L. “Specified anatomical areas” means (1) uncovered or exposed human genitals, pubic region or pubic hair; or buttock; or female breast or breasts below a point immediately above the top of the areola or nipple; or any combination of the foregoing; or (2) human male genitals in a discernible erect state, even if completely and opaquely covered.
M. “Specified sexual activities” means sexual conduct, being actual or simulated, acts of human masturbation; sexual intercourse; or physical contact, in an act of apparent sexual stimulation or gratification, with a person’s clothed or unclothed genitals, pubic areas, buttocks or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification. (Ord. 1943 § 1. Code 1990 § 5-202)
5.10.030 License required for adult entertainment business.
A. It is unlawful for any person to operate or maintain an adult entertainment business in the City unless the owner, operator or lessee thereof has obtained an adult entertainment business license from the City, or to operate such a business after such license has been revoked or suspended by the City.
B. It is unlawful for any entertainer, employee or manager to knowingly perform any work, service or entertainment directly related to the operation of an unlicensed adult entertainment business.
C. It shall be prima facie evidence that any adult entertainment business that fails to have posted, in the manner required by this section, an adult entertainment business license, has not obtained such a license. In addition, it shall be prima facie evidence that any entertainer, employee or manager who performs any service or entertainment in an adult entertainment business in which an adult entertainment license is not posted, in the manner required by this section, had knowledge that such business was not licensed. (Ord. 1943 § 1. Code 1990 § 5-203)
5.10.040 Minors access for businesses engaged in the sale or rental of adult media.
Any business not licensed as an adult entertainment establishment which sells or rents adult media shall restrict the access of minors as follows:
A. Adult entertainment-related movies, videotapes, or other electronic media shall be restricted to persons 18 years of age or older. If an establishment that is not otherwise prohibited from providing access to persons under 18 years of age sells, rents, or displays movies, videos, or other electronic media that have been rated “X” or rated “NC-17” by the motion picture rating industry (“MPAA”), or which have not been submitted to the MPAA for a rating, and which consist of images which are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, said movies, videos, or other electronic media shall be located in such a way that access is limited to persons at least 18 years of age and shall not be visible from outside the premises or from areas within the premises where persons under the age of 18 are allowed.
B. Access to adult media shall be restricted to persons at least 18 years of age. (Ord. 1943 § 1. Code 1990 § 5-204)
5.10.050 Records maintenance for businesses engaged in the sale or rental of adult media.
Any business not licensed as an adult entertainment establishment which devotes more than 10 percent of its floor area that is used for the display of sale or rental merchandise to the display of “adult media,” as defined in GMC 5.10.020, shall keep accurate records of sales, including but not limited to sales receipts, showing the percentage of gross sales of the business derived from the sale or rental of adult media. Such records shall be made available for inspection at reasonable times and places, upon request by a representative of the codes administration office of the City or any other City official acting in their official capacity. The records shall document each sale or rental of adult media, the gross receipts from each sale or rental, and shall indicate the date of such sale or rental. Any record inspected by or obtained by the City shall be used only for the purpose of determining whether or not the business is an “adult media outlet” as defined in GMC 5.10.020. No records or information contained therein shall be divulged to any person other than officers, agents, or employees of the City, including attorneys or accountants employed or retained by the City, excepting that the records of information may be divulged to the extent reasonably necessary for the enforcement of this section. (Ord. 1943 § 1. Code 1990 § 5-205)
5.10.060 License required for managers, servers and entertainers.
It is unlawful for any person to work as an entertainer, server or manager at an adult entertainment business without first obtaining a license to do so from the City, or to work as an entertainer, server or manager at an adult entertainment business after such person’s license to do so has been revoked or suspended. (Ord. 1943 § 1. Code 1990 § 5-206)
5.10.070 License, classification and fees.
A. The license year for all fees required under this chapter shall be from January 1st through December 31st. The application for a license shall be accompanied by a certified or cashier’s check or money order; and no application shall be considered complete until such fee is paid.
B. All licenses shall be issued for a specific location and shall be nonrefundable and nontransferable.
C. The classification of licenses and fees for each shall be set by the Governing Body by resolution. (Ord. 2531 § 3; Ord. 1943 § 1. Code 1990 § 5-207)
5.10.080 License application.
A. Adult Entertainment Business License. All persons desiring to secure a license to operate an adult entertainment business under the provisions of this chapter shall make a verified application with the City Clerk. All applications shall be submitted in the name of the person proposing to conduct or operate the adult entertainment business. All applications shall be submitted on a form supplied by the City Clerk and shall require the following information:
1. The name, residence address, home telephone number, occupation, date and place of birth and Social Security number of the applicant;
2. The name of the adult entertainment business, a description of the adult entertainment to be performed or undertaken on the licensed premises, and the name of the owner of the premises where the adult entertainment business will be located;
3. The names, residence addresses, Social Security numbers and dates of births of all partners, if the applicant is a partnership; and if the applicant is a corporation, the same information for all corporate officers, directors and stockholders who own more than 10 percent or greater interest in the corporation;
4. The addresses of the applicant, or of all partners, or of all corporate officers and directors for the five years immediately prior to the date of application;
5. A statement from the applicant, or from all partners, or from all corporate officers and directors, whether any such person or entity, in previously operating in this or any other city, county or state, has had a business license of any type revoked or suspended, and if so, the reason for the suspension or revocation of the business activity subjected to the suspension or revocation;
6. A statement of the business, occupation or employment of the applicant, or of all partners, or of all corporate officers and directors, for the three years immediately preceding the date of the application;
7. A statement from the applicant, or from each partner, or from each corporate officer and director, that each such person has not been convicted of, released from confinement for conviction of, or diverted from prosecution on:
a. A felony criminal act within five years immediately preceding the application, or
b. A misdemeanor criminal act involving sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography or related offenses as defined in the Kansas Criminal Code, or involved controlled substances or illegal drugs or narcotics offenses as defined in the Kansas Controlled Substances Act or other statutes or ordinances within two years immediately preceding the application.
The statement shall also indicate the applicant, each partner or each corporation officer and director has not been convicted of a municipal ordinance violation within two years immediately preceding the application where such municipal ordinance violation involved sexual offenses, indecent exposure, prostitution or sale of controlled substances or illegal drugs or narcotics;
8. A full set of fingerprints and a photograph, to be taken by the Public Safety Department, of the applicant, or of all partners if the applicant is a partnership, or of all corporation officers and directors if the applicant is a corporation;
9. If the applicant is a corporation, a current certificate of registration issued by the Kansas Secretary of State;
10. A statement signed under oath that the applicant has personal knowledge of the information contained in the application and that the information contained therein is true and correct and that the applicant has read the provisions of this chapter regulating adult entertainment businesses;
11. Provision of a statement, acknowledged by a notary public, of the owner of the property giving written consent for the use of the property by an adult entertainment business.
12. Failure to provide the information and documentation required by this subsection shall constitute an incomplete application which shall not be processed.
B. Adult Entertainment Manager’s, Server’s or Entertainer’s License. All persons desiring to secure a license under the provisions of this chapter to be an adult entertainment manager, server or entertainer shall make a verified application with the City Clerk. All applications shall be submitted in the name of the person proposing to be an adult entertainment manager, server or entertainer. All applications shall be submitted on a form supplied by the City Clerk and shall require the following information:
1. The applicant’s name, home address, home telephone number, date and place of birth, Social Security number and any stage names, aliases or nicknames used in entertaining;
2. The name and address of each adult entertainment business where the applicant intends to work as a manager, server or entertainer, and an intent to hire statement from an adult entertainment business that is licensed, or that has applied for a license, under the provisions of this chapter, indicating the adult entertainment business intends to hire the applicant to manage, serve or entertain on the premises;
3. A statement from the applicant that the applicant has not been convicted of, released from confinement for conviction of, or diverted from prosecution on:
a. A felony criminal act within four years immediately preceding the application, or
b. A misdemeanor criminal act involving sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography or related offenses as defined in the Kansas Criminal Code, or involved controlled substances or illegal drugs or narcotics offenses as defined in the Kansas Controlled Substances Act or other statutes or ordinances, within two years immediately preceding the application.
c. The statement shall also indicate the applicant has not been convicted of a municipal ordinance violation or diverted from prosecution on a municipal ordinance violation within two years immediately preceding the application where such municipal ordinance violation involved sexual offenses, indecent exposure, prostitution or sale of controlled substances or illegal drugs or narcotics;
4. A full set of fingerprints and a photograph, to be taken by the Public Safety Department, of the applicant;
5. The applicant shall present to the City Clerk who shall copy documentation that the applicant has attained the age of 18 years at the time the application is submitted. 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 and valid passport issued by the United States of America,
d. An immigration card issued by the United States of America,
e. Any other form of picture identification issued by a governmental entity that is deemed reliable by the City Clerk, or
f. Any other form of identification that is deemed reliable by the City Clerk;
6. Failure to provide the information required by this subsection shall constitute an incomplete application and shall not be processed.
C. Application Processing. Upon receipt of a complete application for an adult entertainment business or an adult entertainment business manager, server or entertainer license, the City Clerk shall immediately transmit one copy of the application to the Public Safety Director for investigation of the application. In addition, the City Clerk shall transmit a copy of the application to the Community Development Director, Codes Administrator, and the Fire Marshal. It shall be the duty of the Public Safety Director to investigate such application to determine whether the applicant is qualified to be issued the license applied for. The Public Safety Director shall report the results of the investigation to the City Clerk not later than 10 working days from the date the application is received by the City Clerk. It shall be the duty of the Community Development Director, Codes Administrator and the Fire Marshal to determine whether the structure where the adult entertainment business will be conducted complies with the requirements and meets the standards of the location section of this chapter, and applicable health, zoning, building code, fire and property maintenance ordinances of the City. The Community Development Director, Codes Administrator and the Fire Marshal shall report the results of their investigation to the City Clerk not later than 10 working days from the date the application is received by the City Clerk. Upon receipt of the reports from the Public Safety Director, Community Development Director, Codes Administrator and Fire Marshal, the City Clerk shall schedule the application for consideration by the Governing Body at the earliest meeting consistent with the notification requirements established by law, provided the license application for an adult entertainment business and for an adult entertainment business manager, server or entertainer license shall be approved or disapproved within 45 days from the date of filing of a completed application with the Clerk’s office. The applicant shall be notified in writing of the date when the Governing Body will consider the application. (Ord. 1943 § 1. Code 1990 § 5-208)
5.10.090 Examination of application – Issuance of license – Disapproval.
A. If the applicant for an adult entertainment business or an adult entertainment business manager, server or entertainer is in proper form and accompanied by the appropriate license fee, the Governing Body shall examine the application, and after such examination, the Governing Body shall, if the applicant is qualified, approve a license as provided for by law, provided a license shall not be approved to any person ineligible pursuant to GMC 5.10.100.
B. The record of the Governing Body shall show the action taken on the application, and if the license is approved, the Governing Body shall direct the City Clerk to issue the proper license. The license shall state that it is not transferable to other persons and the calendar year for which it is issued. The license shall be kept posted in a conspicuous place in the place of business that is licensed or where the licensee is working.
C. If an application for a license is disapproved, the applicant shall be immediately notified by registered or certified mail to the applicant’s address as shown on the application, and the notification shall state the basis for such disapproval. (Ord. 1943 § 1. Code 1990 § 5-209)
5.10.100 License – Ineligibility and disqualification.
No person is eligible nor shall a license be issued to:
A. An adult entertainment business applicant if one or more of the following conditions exist:
1. The applicant’s premises are located within 500 feet of any school, church, licensed child care center, park, or single-family residential zoning district (including mobile home zoning district). Measurements shall be made in a straight line from the nearest point on the property line of such school, church, licensed day-care center, or single-family residential zoning district;
2. The applicant’s premises are located within 500 feet of any other adult entertainment use for which there is a license issued. Measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest point of any exterior wall of the building housing the adult entertainment to the nearest point of the exterior walls of the building housing such other adult entertainment businesses;
3. The applicant’s premises are located in any zoning district other than the Commercial Zoning District (C-3);
4. The applicant failed to supply all of the information requested on the application;
5. The applicant gave materially false, fraudulent or untruthful information on the application;
6. The applicant’s proposed premises do not comply with or meet the requirements of the applicable health, zoning, building code, fire and property maintenance ordinance of the City; provided, that upon a showing that the premises meet such requirements and that the applicant is otherwise qualified, the application shall be subject to reconsideration by the Governing Body;
7. The applicant has had an adult entertainment license revoked or suspended in this or any other city or county during the past five years.
B. An applicant for an adult entertainment manager, server or entertainer license if one or more of the following conditions exists:
1. The employer for whom the applicant intends to work does not have or is ineligible to receive an adult entertainment business license for any of the reasons stated in subsection (A) of this section;
2. The applicant has been convicted, released from incarceration for conviction, or diverted on any of the crimes set forth in GMC 5.10.080(A)(7) during the time period set forth in said section;
3. The applicant failed to provide all of the information required on the application;
4. The applicant gave materially false, fraudulent or untruthful information on the application;
5. The applicant has had an adult entertainment manager, server or entertainer license revoked or suspended in this or any other city or county during the past five years. (Ord. 1943 § 1. Code 1990 § 5-210)
5.10.110 Standard of conduct.
The following standards of conduct shall be adhered to by all adult entertainment business licensees, their employees, all adult entertainment managers, servers, entertainers and patrons of adult entertainment businesses, while on or about the premises of the business:
A. Age Restriction. Only persons 18 years of age or older shall be permitted on the premises of any adult entertainment business.
B. Exterior Observation. The premises of all adult entertainment businesses will be so constructed to include an anteroom, foyer, partition or other physical barrier on all customer entrances that will ensure observation of the interior of the premises is not observable from the exterior of the building. All doorways not constructed with an anteroom or foyer will be covered so as to prevent observation of the interior of the premises from the exterior of the building. Any change to the exterior of the building will require site plan approval by the Planning Commission.
C. Exterior Display. All adult entertainment businesses shall comply with the following sign requirements in addition to the requirements of the Gardner zoning ordinance. No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from the exterior of the building. Neither the performance nor any photograph, drawing, sketch or other pictorial or graphic representation of a performance displaying any portion of the breasts below the top of the areola or any portion of the pubic hair, buttocks, genitals and/or anus may be visible outside of the adult entertainment business. Window areas shall not be covered or made opaque in any way. No signs shall be placed in any window. A one-square-foot sign may be placed on the door to state hours of operation and admittance to adults only.
D. Nudity Prohibited. No employee, server or entertainer in an adult entertainment business shall appear nude, unclothed, in less than opaque attire or in any fashion that exposes to view any specified anatomical area.
E. Certain Acts Prohibited.
1. No employee, server or entertainer shall perform any specified sexual activities as defined in this chapter, wear or use any device or covering exposed to view which simulates any specified anatomical area, use artificial devices or inanimate objects to perform or depict any of the specified sexual activities as defined herein, or participate in any act of prostitution.
2. No employee, server, entertainer or patron of an adult entertainment business shall knowingly touch, fondle or caress any specified anatomical area of such employee, server, entertainer or patron or knowingly permit another person to touch, fondle or caress any specified anatomical area of such employee, server, entertainer or patron, whether such specified anatomical areas are clothed, unclothed, covered or exposed.
3. No employee, server or entertainer of an adult entertainment business shall be visible from the exterior of the adult entertainment business while such person is unclothed or in such attire, costume or clothing as to expose to view any specified anatomical area.
4. No adult entertainer shall solicit, demand or receive a payment or gratuity from any patron or customer for any act prohibited by this chapter and no adult entertainer shall receive any payment or gratuity from any customer for any entertainment except as follows:
a. While such entertainer is on the stage a customer or patron may place such payment or gratuity into a box affixed to the stage; or
b. While such entertainer is not on the stage and is clothed so as to not expose to view any specified anatomical area, a customer or patron may either place such payment or gratuity into the entertainer’s hand or under a leg garter worn by such entertainer at least four inches below the bottom of the pubic region.
5. No owner, operator, manager or other person in charge of the premises of an adult entertainment premises shall:
a. Knowingly permit alcoholic liquor or cereal malt beverages to be brought upon or consumed on the premises;
b. Knowingly allow or permit the sale, distribution, delivery or consumption of any controlled substance or illegal drug or narcotic on the premises;
c. Knowingly allow or permit any person under the age of 18 years of age to be in or upon the premises;
d. Knowingly allow or permit any act of prostitution or patronizing prostitution on the premises; or
e. Knowingly allow or permit a violation of this chapter or any other City ordinance, provision or state law.
F. Signs Required. All adult entertainment businesses shall have conspicuously displayed in the common area at the principal entrance to the premises a sign, on which uppercase letters shall be at least two inches high, which shall read as follows:
THIS ADULT ENTERTAINMENT BUSINESS IS REGULATED AND LICENSED BY THE CITY OF
GARDNER, KANSAS
ENTERTAINERS ARE:
*Not permitted to engage in any type of sexual conduct or prostitution on the premises or to fondle, caress or touch the breasts, pubic region, buttocks or genitals of any employee, patron or other entertainer or to allow another to fondle, caress or touch the breasts, pubic region, buttocks or genitals of said entertainer.
*Not permitted to be nude, unclothed, or in less than opaque attire, costume or clothing so as to expose to view any portion of the breasts below the top of the areola, or any portion of the pubic region, buttocks and/or genitals.
*Not permitted to demand or collect any payment or gratuity from any customer for entertainment, except as follows:
While such entertainer is on the stage, by placing such payment or gratuity into a box affixed to the stage, or
While such entertainer is not on the stage, by either placing such payment or gratuity into the entertainer’s hand, or under the entertainer’s leg garter.
CUSTOMERS ARE:
*Not permitted to be upon the stage at any time.
*Not permitted to touch, caress or fondle the breasts, pubic region, buttocks, or genitals of any employee, server or entertainer or engage in solicitation for prostitution.
G. Lighting Required. The premises of all adult entertainment businesses shall be equipped with overhead lighting of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than one foot candle as measured at the floor level, and such illumination must be maintained at all times that any customer or patron is present in or on the premises.
H. Closed Booths or Rooms Prohibited. The premises of all adult entertainment businesses shall be physically arranged in such manner that the entire interior portion of any booths, cubicles, rooms or stalls is visible from a common area of the premises. Visibility shall not be blocked or obscured by doors, curtains, drapes or any other obstruction whatsoever.
I. Ventilation and Sanitation Requirements. The premises of all adult entertainment businesses shall be kept in a sanitary condition. Separate dressing rooms and restrooms for men and women shall at all times be maintained and kept in a sanitary condition.
J. Hours of Operation. No adult entertainment business may be open or in use between the hours of 2:00 a.m. and 9:00 a.m. on any day other than a Sunday when business may not be open between the hours of 2:00 a.m. and 12:00 noon. (Ord. 1943 § 1. Code 1990 § 5-211)
5.10.120 License – Posting or display.
A. Every person, corporation, partnership or association licensed under this chapter as an adult entertainment business shall post such license in a conspicuous place and manner on the adult entertainment facility premises.
B. Every person holding an adult entertainment server, manager or entertainer license shall post his or her license in his or her work area on the adult entertainment facility premises so it shall be readily available for inspection by City authorities responsible for enforcement of this chapter. (Ord. 1943 § 1. Code 1990 § 5-212)
5.10.130 Manager on premises.
A. At all times the premises are open for business, an adult entertainment manager shall be on duty at an adult entertainment business. The name of the manager on duty shall be prominently posted during business hours.
B. It shall be the responsibility of the manager to verify that any person who provides adult entertainment or works as a server within the premises possesses a current and valid adult entertainer’s license or an adult entertainment server’s license and that such licenses are prominently posted. (Ord. 1943 § 1. Code 1990 § 5-213)
5.10.140 Inspectors and inspections.
All adult entertainment businesses shall permit representatives of the Public Safety Department or any other City official acting in their official capacity to inspect the premises as necessary to ensure the business is complying with all application regulations and laws. (Ord. 1943 § 1. Code 1990 § 5-214)
5.10.150 Suspension, revocation or nonrenewal of license.
A. Whenever the City Clerk has information that:
1. The owner or operator of an adult entertainment business or a holder of an adult entertainment manager, server or entertainer license has violated, or knowingly allowed or permitted the violation of, any of the provisions of this chapter; or
2. There have been recurrent violations of provisions of this chapter that have occurred under such circumstances that the owner or operator of an adult entertainment business knew or should have known that such violations were committed; or
3. The adult entertainment business license or the adult entertainment manager, server or entertainer license was obtained through false statements in the application for such license, or renewal thereof; or
4. The adult entertainment business licensee or the adult entertainment manager, server or entertainer licensee failed to make a complete disclosure of all information in the application for such license, or renewal thereof; or
5. The owner or operator, or any partner, or any corporate officer or director holding an adult entertainment business license has become disqualified from having a license by a conviction as provided in GMC 5.10.080(A)(7); or
6. The holder of an adult entertainment manager, server or entertainer license has become disqualified from having a license by a conviction as provided in GMC 5.10.080(B)(3);
B. Then the City Clerk shall make this information known to the Governing Body, which upon 10 days’ written notice to the person holding the license shall conduct a public hearing to determine whether the license should be suspended or revoked. The Governing Body may pass a resolution setting forth the procedures for the conduct of such hearings. Based on the evidence produced at the hearing, the Governing Body may take any of the following actions:
1. Suspend the license for up to 90 days;
2. Revoke the license for the remainder of the license year;
3. Place the license holder on administrative probation for a period of up to one year, on the condition that no further violations of this chapter occur during the period of probation. If a violation does occur and after a hearing the violation is determined to have actually occurred, the license shall be revoked for the remainder of the license year. (Ord. 2257 § 13; Ord. 1943 § 1. Code 1990 § 5-215)
5.10.160 Renewal.
A. A license may be renewed by making application to the City Clerk on application forms provided for that purpose. Licenses shall expire on December 31st of each calendar year, and renewal applications for such licenses shall be submitted by October 31st of each calendar year.
B. Upon timely application and review as provided for a new license, a license issued under the provisions of this chapter shall be renewed by issuance of a new license in the manner provided in this chapter.
C. If the application for renewal of a license is not made during the time provided in subsection (A) of this section, the expiration of such license shall not be affected, and a new application shall be required. (Ord. 1943 § 1. Code 1990 § 5-216)
5.10.170 Violation – Penalty.
It is unlawful for any person to violate any of the provisions of this chapter. Upon conviction thereof, such person shall be fined not less than $1.00 nor more than $500.00 or be punished by incarceration for up to six months, or by both fine and incarceration. Each day’s violation of, or failure, refusal or neglect to comply with, any provision of this chapter shall constitute a separate and distinct offense. (Ord. 1943 § 1. Code 1990 § 5-217)
5.10.180 Severability.
If any section, subsection, paragraph, sentence, clause or phrase in this chapter, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decisions shall not affect the validity or the effectiveness of the remaining portions of this chapter, or any part thereof. (Ord. 1943 § 1. Code 1990 § 5-218)