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HomeMy WebLinkAbout792 Adult Business Ordinance ORDINANCE NO. 792 AN ORDINANCE OF THE CITY OF MERIDIAN ENACTING A NEW TITLE 8, CHAPTER 19, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and the City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interest of the said City to enact a new Title 8, Chapter 19; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Title 8, Chapter 19, of the Revised and Compiled Ordinances of the City of Meridian is hereby enacted and shall be titled "ADULT BUSINESS" Ordinance. SECTION 2: That Chapter 19 of Title 8, of the Revised and Compiled Ordinances of the City of Meridian is hereby enacted and shall read as set forth below: ADULT ENTERTAINt~7T 8-1901: PERSONS SUBJECT TO LICENSE: Whenever in this Ordinance a license is required for the maintenance, operation or conduct of any business or establishment, or for doing business or engaging in any activity or occupation, any person or corporation shall be subject to the requirement, if by himself or through an agent, employee or partner he holds himself out as being engaged in the business or occupation; or solicits patronage ADULT BUSINESS ORDINANCE 1 therefor, actively or passively, or performs or attempts to perform any part of such business or occupation in the City of Meridian. 8-1902: LICENSE: This ordinance is not designed to define, nor regulate, the sale, loan, distribution, dissemination, presentation or exhibition, of material or live conduct which is obscene. This ordinance is designed to license establishments that provide adult entertainment or themes of a distinct sexual nature. 8-1903: The following definitions are applicable to this Ordinance: (A) ADULT STORE: 1. An establishment having significant portion of its magazines or films which characterized by their depicting, describing, o entertainment. as a substantial or stock or trade, books, are distinguished or emphasis on matter r relating to adult 2. An establishment with a segment or section devoted to the sale or display of such material or; 3. An establishment which sells or displays for sale devices designated to stimulate sexual arousal by contact with the skin or bodily orifices. (B) ADULT THEATRE: An establishment, either enclosed or in the open air, used for presenting to an audience through film or live performance material distinguished or characterized by emphasis on matter depicting, describing or relating to activities of a sexual nature for the purposes of adult entertainment. (C) ADULT ARCADE MACHINES: Machines which are used by an individual to view films, videos, or segments of films, which distinguish, characterize, or emphasize matters depicting, describing or relating to activities of a sexual nature for the purposes of adult entertainment. ADULT BUSINESS ORDINANCE 2 (D) ADULT ENTERTAINMENT ESTABLISHMENT: Adult Entertainment Establishment is defined as, "Any place of business, or commercial establishment, wherein the entertainment or activity therein consists of substantially nude persons dancing with or without music or engaged in movements of a sexual nature wherein the patron is directly or indirectly charged a fee or required to make a purchase in order to view the entertainment or activity which consists of persons exhibiting or modeling lingerie, bikinis or similarly styled garments, or where the patron, directly or indirectly, is charged a fee to engage in personal contact by employees, devices or equipment, or by personnel provided by the establishment." An establishment which has semi-nude dancing or strip tease performances, whether these occur regularly or occasionally. Adult dancing includes, but is not limited to: erotic, exotic, striptease, bikini or lingerie and shall mean and relate to any performance, preview, play, show, skit, film, dance or other exhibition performed before an audience depicting, describing or relating to activities of a sexual nature for the purposes of adult entertainment. "Substantially Nude" as used in this section shall mean dressed in a manner so as not to display any portion of the female breast below the top of the areola, or displaying any portion of any person's pubic hair, anus, cleft of the buttocks, vulva or genitals. This definition of "Adult Entertainment Establishments" is to include, but not be limited to, bathhouses, massage parlors, lingerie, modeling studios, or related or similar activities. Establishments which have as their sole purpose the improvement of health and physical fitness through special equipment and facilities, rather than entertainment, as herein above described, are specifically excluded. {E) HOLDING COMPANY: 1. Holding company means any corporation, firm, partnership, trust or other form of business organization not a natural person which, directly or indirectly: ADULT BUSINESS ORDINANCE 3 (a) Owns; (b) Has the power or right to control; or (c) Holds with the power to vote, all or any part of the outstanding voting securities of a corporation which holds or applies for a license required by this Ordinance. 2. For the purposes of this Section, in addition to any other reasonable meaning of the words used, a holding company "indirectly" has, holds or owns any power, right or security mentioned in subsection 1 if it does so through any subsidiaries, however many such subsidiaries may intervene between the holding company and the corporate licensee or applicant. (F) INTERMEDIARY COMPANY: Intermediary company means any corporation, firm, partnership, trust or other form of business organization other than a natural person which: 1. Is a holding company with respect to a corporation which holds or applies for a license required by this Ordinance. 2. Is a subsidiary with respect to any holding company. (G) SUBSIDIARY: Subsidiary means: 1. Any corporation all or any part of whose outstanding equity securities are: (a) Owned; (b) Subject to a power or right of control; or (c) Held with power to vote, by a holding company or intermediary company; or 2. Any firm, partnership, trust or other form of business organization not a natural person, all or any interest in which is: (a) Owned; ADULT BUSINESS ORDINANCE 4 (b) Subject to a power or right of control; or (c) Held with power to vote, by a holding company or intermediary company. (H) ADULT BUSINESS: An adult store, adult theatre, adult entertainment establishment or adult business which also includes any business that operates adult arcade machines on its premises. 8-1904: LICENSE REQUIRED; ALCOHOL LICENSES: It shall be unlawful for any person to operate within the city limits of Meridian any adult store, adult theatre, adult arcade machine business, or adult entertainment establishment, without first obtaining an appropriately classified license to do so as set forth in Section 8-1905 below. No beer, wine or liquor license shall be issued to any adult theatre, adult store, adult arcade business or adult entertainment establishment business as described above. 8-1905: LICENSE CLASSIFICATIONS: (A) Class A: Adult store which does not admit persons eighteen (18) years or younger. (B) Class B: Adult store which admits customers eighteen (18) years or younger to purchase publications or items not relating to specified sexual activities or specified anatomical areas but which has a portion of its premises devoted to the sale or display of such publications, films, or sexual devices. (C) Class C: Adult theatre. (D) Class D: Adult arcade machines. (E) Class E: Any Adult Entertainment Establishment which may also include the elements of Class A, C, and D but not Class B. 8-1906: APPLICATION FOR LICENSE: An application for a license to operate one of the establishments described in Section 8-1904 above shall be made to the City Clerk in such form and manner as prescribed ADULT BUSINESS ORDINANCE 5 by the City Council accompanied by the annual fee hereinafter prescribed, but the application shall contain at least the following: (A) The name and residence address of the applicant; (B) The name and address of each employee; (C) If applicant is a corporation, the names and resident addresses of each of the officers, directors and managers of said corporation and of each stockholder owning more than ten percent (lOg) of the stock of the corporation and the address of the corporation itself, if different from the address of the proposed establishments. (D) If applicant is a partnership, the names and addresses of each of the partners, including any limited partners and the address of the partnership itself, if different from the address proposed for the establishment. (E) written proof that the applicant is over the age of eighteen (18) years. (F) The business, occupation, or employment of the applicant for the three (3) years immediately preceding the date of the application including the names, dates of, location and nature of same. (G) The number of adult arcade machines to be installed, if any, and the name, address and employer of the owner of said machines. If the owner is a corporation, the names and resident addresses of each of the officers, directors and managers of said corporation and of each stockholder owning more than ten percent (105) of the stock of the corporation and the address of the corporation itself, if different from the address of the proposed establishment[s]. (H) The class of license applied for and a statement why the proposed establishment falls within the requested classification. (I) If the applicant is seeking a Class B adult store license, a description of the manner in which minors will be prevented from viewing publications, films of specified sexual activities or sexual anatomical areas. (J) If a Class A adult store license is being requested, a statement whether the applicant will display for sale ADULT BUSINESS ORDINANCE 6 or sell any device designed to be used to stimulate sexual arousal or arousal by contact with the human skin or bodily orifices; (K) A diagram of the floor plan and number of square feet and on premises parking spaces; (L) If the applicant is seeking a Class C adult theatre license, a statement whether the entertainment will be live or on film. If live, a statement as to the nature of the live entertainment, e.g. burlesque, dance, musical, drama, etc. If a Class E Adult Entertainment license is sought, a statement of the type and nature of entertainment whether Class A items are to be sold or offered for sale, and if adult arcade machines, including the number of, will be available for patronage. (M) The date on which the applicant intends to open for business. (N) The type and nature of activity desired to be licensed and whether the type of activity shall at any time require the total exclusion of minors from the premises. (0) A legal description of the real property on which the premises are to be located, the name and address of the record owner; the name and address of each lienholder; the name and address of each party to a valid and subsisting contract of sale, deed of trust or other agreement the subject of which is the aforesaid real property. If any of the persons sought to be identified by this Section is a corporation, the names and resident addresses of the officers, directors and managers of said corporation and of each stockholder owning more than ten percent (10~) of the stock of the corporation and the address of the corporation itself, if different from the address of the proposed establishment. (P) If any of the information supplied pursuant to this Section becomes outdated by virtue of changes in the operation of the business or otherwise needs to be supplemented, the licensee shall provide the City Clerk with the modified or supplemental date within ten (10) days of the change or addition being effective. (Q) As to subsections (C), (G) and (O), if the owner or applicant corporation is an intermediary company as ADULT BUSINESS ORDINANCE ~ ~~ defined in Section B-1902, the identity of each related holding company or subsidiary as those terms are defined in Section 8-1902. In providing the identity each such corporation, the applicant shall furnish the names and addresses of each of the officers, directors and managers and of each stockholder owning more than ten percent (10~) of the stock of the corporation, and the address of the corporation. 8-1907: CONTROL SY CITY CLERK: The City Clerk shall, within three (3) working days of a receipt of an application for license required by this Ordinance submit a complete copy of the application to the Planning and Zoning Commission, Building Inspector, Central District Health Department of the State of Idaho, Fire Inspector for the City, City Attorney, City Engineer, Ada County Highway Department and the Chief of Police. 8-1908: INVESTIGATION TO BE BADE BY CITY OFFICIALS AND OTHER AGENCIE3: On receipt of an application for licensing from the City Clerk as required by this Ordinance, respective City officials and other governmental agencies shall commence investigations as to whether the physical plant of the proposed establishment is in conformity with the State law and City Council within ten (10) days of receiving the license application and state whether the proposed establishment is in compliance with the applicable ordinances, State laws and regulations. It shall further be the duty of each respective official agency, should a license subsequently be granted to the applicant, to examine and inspect ADULT BUSINESS ORDINANCE 8 such place licensed on a regular basis to determine continuing conformity to the applicable laws and regulations. If, during such routine inspection, a discrepancy is noted, the official noting such discrepancy shall so advise the licensee in writing. The licensee shall have ten (10) days within which to correct the discrepancy. Reasonable extensions of time will be granted the licensee if the discrepancy cannot be eliminated within a ten (10) day period. 8-1909: ISSUANCE OF LICENSE: When the City Clerk has received a report and recommendation from each of the officials or agencies designated in Section 8- 1906 and not later than twenty (20) days from the filing of the application, the City Clerk shall submit the license application and official reports to the City Council for inclusion in the Council agenda. The City Council shall act upon the application at the next regular scheduled meeting after submission of the application by the City Clerk. If each of the designated officials or agencies has determined that the proposed business establishment is in conformity with all applicable City and State laws, and if it appears that there are no material misrepresentations or fraud in the application or in connection with the investigation by the City officials or other governmental agencies, the City Council shall grant a license to the applicant. ADULT BUSINESS ORDINANCE 9 8-1910 INVE3TIGATION SY CITY COUNCIL: The City Council prior to the issuance of any license requested by this Ordinance, and after review of the submitted application, may undertake further investigation if it has reasonable cause to believe that the applicant has or is attempting to perpetrate a fraud or material misrepresentation on the City. Such further investigation may be completed and written findings issued at or prior to the next regular meeting following the meeting at which such application was initially considered. Upon a finding by the Council that the material misrepresentation or fraud has been perpetrated either in the application or in connection with the investigation by City officials or other governmental agencies, said application may be denied by the City Council. Nothing in this Section shall be construed to permit any investigation into the substantive content of the publications or films to be displayed or sold by the applicant. 8-1911: MISDffi~ANOR: It shall be a misdemeanor for an applicant or licensee to make a material misrepresentation on his application, to perpetrate a fraud on any investigative official or agency or to operate a business licensed under this Ordinance in contravention to the laws of the State of Idaho or the ordinances of the City of Meridian. ADULT BUSINESS ORDINANCE 10 8-1912: REVOCATION: The licensee shall be responsible for the operation of the licensed premises in conformity with the ordinances of the City of Meridian and the State of Idaho. Upon a conviction of the licensee or the agent or employee of the licensee of violating any law or ordinance including this Ordinance, intended to protect the health, welfare or safety of individuals in this State and which violation occurs in the course of the main business activity licensed under this Ordinance, and not incidental thereto, the City Council may revoke all licenses held by the licensee under this Ordinance for a period up to and including eighteen (18) months from the date of conviction. Upon expiration of the period of revocation, the applicant will be eligible to reapply for a license according to the procedures and requirements of this Ordinance. 8-1913: PROCEDURE P'OR LICENSE REVOCATION: Any revocation of a license pursuant to this Ordinance shall not occur until a hearing is held before the City Council. Twenty (20) days written notice of the time and place of the hearing and the nature of the grounds for such revocation sufficient to inform the licensee and enable him to respond shall be given. The licensee shall have the right to appear at said hearing in person or by counsel to present evidence and argument on the licensee's behalf and cross-examine witnesses. ADULT BUSINESS ORDINANCE 11 The City Council shall make a ruling based on the evidence presented to it at the hearing. Thereafter, the licensee shall be informed in writing of the Council's decision. If the Council by majority vote favors revocation, such revocation shall take effect when personal service of the written decision is made upon the licensee or an agent or employee of said licensee. 8-1914: PRIOR LOCATION AND LICSdSE LAPSE: Nothing in this Ordinance shall in any way effect the rights of present adult businesses to continue their operation so long as they adhere to the provisions of this Ordinance, including submission of properly completed applications within thirty (30) days of the date of this Ordinance and otherwise maintain a current license. Once an existing operation obtains a classified license, only subsequent change in classification shall be treated as a new use and must qualify under the provisions of this Ordinance. If there is a failure to timely renew a license, any subsequent application must satisfy all the requirements of this Ordinance including Section 8-1915 pertaining to location restrictions. 8-1915: LICENSE FEES: (A) The following annual license fees must be paid to the City at the time the license application is submitted. 1. Class A License $300.00 2. Class B License $125.00 ADULT BUSINESS ORDINANCE 12 3. Class C License 4. Class D License 5. Class E License $200.00 $ 50.00 per adult arcade machine $300.00 plus applicable fees for Class A content and fees for each arcade machine under Class D (B) The request for renewal of licenses must be made on forms supplied by the City Clerk and such requests must . be submitted by December 1 for renewal for the next calendar year. Each renewal application must be accompanied by the annual fee set forth in subsection (A) above. (C) Where an application for a new license is made after January 1, the applicable fee shall be apportioned in accordance with the number of days remaining in the calendar year. SECTION 5: EFFECTIVE DATE: This ordinance shall become effective immediately upon publication and passage by the City Council of the City of Meridian and shall apply to all present and future Adult Entertainment Businesses. PASSED AND APPROVED this 7th day of April, 1998. CITY ~k' MERIDIAN ATTEST: "~ "~,,,nuw,ua,i. a~°R'~ .~~ ~ in~1LLIAM G. BE G, JR.- CLERK ~~L 4-6-98 - Final '' ~q P '%, p ~: ADULT BUSINESS ORDINANCE 13