Title 5 - Business Licenses and Regulations

5.05.070 License -Ineligibility and Disqualification.

No person is eligible nor shall a license be issued to:

1. A.
   An applicant for an Adult Business license if one or more of the following conditions exist:

   1. 1.
      The premises for which an application for an Adult Business has been made is located within six hundred (600) feet of any school, church, licensed child care center, public park, or property zoned or used for residential purposes, which uses are located within the city limits. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest point of the premises from which the Adult Business would be Operated to the nearest point on the property line of any school, church, licensed day care center, public park or property zoned or used for residential purposes located within the City;

      1. a.
         provided the phrase "property zoned or used for residential purposes" shall not include any property zoned for residential use for which a special use permit has been granted for an indefinite period of time which permit allows a non-residential use;
      2. b.
         provided further, the list of protected uses set forth herein shall exclude streets, alleys and highway rights-of-way;
      3. c.
         provided further, any school, church or licensed day care center located within commercially zoned property pursuant to a special use permit shall not be included as a protected use.
   2. 2.
      The premises for which an application for an Adult Business has been made is located within five hundred (500) feet of any other business located within or without the City meeting the definition of Adult Business as set forth in this Ordinance, regardless of whether such other business has applied for or received a license to Operate an Adult Business at that location. Measurements shall be made in a straight line, without regard to intervening structures or objects from the premises from which the proposed Adult Business would be Operated to the nearest point on the property line of such other business meeting the definition of Adult Business as set forth in this Ordinance;
   3. 3.
      The applicant knowingly failed to supply all of the information requested on the application;
   4. 4.
      The applicant knowingly gave materially false, fraudulent or untruthful information on the application;
   5. 5.
      The applicant's proposed business premises does not comply with or meet the requirements of the applicable health, zoning, building code, fire and property maintenance ordinances of the City, provided, that upon a showing that the premises meets said requirements and that the applicant is otherwise qualified, the application shall be eligible for reconsideration by the Governing Body;
   6. 6.
      The applicant has been convicted, released from incarceration for conviction or diverted on any Specified Criminal Act during the time period set forth herein;
   7. 7.
      The applicant has had an Adult Business license or comparable license revoked or suspended in this or any other city during the past five (5) years; or
   8. 8.
      If the applicant is applying for a license to Operate a Bath House or body painting studio and applicant has not produced a health certificate as required herein for all Persons working on the premises.
2. B.
   An applicant for a Manager, Server or Entertainer license if one or more of the following conditions exist:

   1. 1.
      The applicant has been convicted, released from incarceration for conviction or diverted on any Specified Criminal Act during the time period set forth herein;
   2. 2.
      The applicant knowingly failed to provide all of the information required on the application;
   3. 3.
      The applicant knowingly gave materially false, fraudulent or untruthful information on the application;
   4. 4.
      The applicant has had a Manager, Server or Entertainer license revoked or suspended in this or any other city during the past five (5) years; or
   5. 5.
      The applicant is applying for a license for a Manager, Server or Entertainer in a Bath House and has not produced a health certificate as required herein.

(History: Ord. AEB-2416 §8, 2003; AEB-2027 § 2, 97; AEB-1944 §8, 95; AEB-1935 §8, 95; AEB-1846 §8, 94; AEB-1837 §8, 93; AEB-1782 §1, 93)

Effective on: 1/1/1901