1978 05-15AGENDA
MERIDIAN CITY COUNCIL
MAY 15, 1978
Item:
1. Minutes
Public Hearing 7:30 PM
2. Conditional Use Permit, 1440 W. Cherry Lane
3. Conditional Use Permit, 121 & 129 E. Pine
Scheduled Bid Opening 8:00 PM
4. Bid Opening on Park Seeding
Old Business
5. Settlers Village (tabled May 1, 1978)-
6. Proposed Ordinance 325, Permit Application Fee
New Business
7. Cherry Lane # 1, Amendment of Survey Error
Consultant Reports
8. City Attorney Wayne Crookston . Ord. 7F326 ADULT BIISINFSS LICENSING
9. City Building Inspector Vernon Schoen
10. City Engineer Carl Ellsworth
City Department Reports
11. Fire
12. Police
13. Public Works
14. Sewer Treatment
Meridian City Hall
Meeting called to order at 7:30 P.M. by Mayor Don Storey
Councilman Present: Richard Williams; Grant Kingsford; Joseph Glaisyer
Marvin Bodine, Absent
Others present: Carl B. Ellsworth; Tom Grote;H.O. "Bud" Person; 61ean Cruickshank;
Gary L. Green; Bruce Stuart; Vera Schoen; Norman Fuller; Steve Aosac;
Roberta L. Lytle
Agenda
1
Agenda
2
The minutes of the previous Council meeting were approved as read.
The Mayor opened Lhe Public Hearing nn the Conditional Use Permit at 1440 West
Cherry Lane.
The Mayor read the Public Hearing Notice and stated that his concern with
Coniditional IIae Permits issued for residential areas and recommended the permit
be denied.
The matter was discussed and the Planning and Zoaiag comments were read.
Private use of homes for commercial use was discussed in relation to barber and
beauty shops is Meadox View.
The Motion was made by Grant Kingsford and seconded by Richard Williams to table
discussion on 1440 W. Cherry Lane Coaditiottal Use Permit and that Mrs. Lytle be
notified to appear before the Council at the next regular meeting June 5, 1978.
Notion passed: Williams, yea; Glaisyer, yea; Kingsford, yea
I Agenda
3
The next item of business was the Public Hearing oa a Conditional IIae Permit for
121 and 129 E. Pine.
The Mayor read the Public Hearing Notice.
The matter was discussed and Pat Joy read the letter describing the proposed use.
The Motion was made by Richard Williams and seconded by Joseph Glaisyer to grant
the Conditional Use Permit for 121 and 129 E. Pine.
Motion passed: Williams, yea; Kingsford, yea; Glaisyer, yea.
I Ago da
The Mayor stated that the trees have been planted in the Park by the Boy Scouts
and Public Work's Sup't., Bruce Stuart. The City is presently fertilizing the
park site and excavating. The Mayor instructed that the City honor those
Scouts assisting and Mr. Stephenson for the fine service to the City of Meridian
before the City Council at the June 5th Conncil meeting.
The next item of business before the Council vas the bid opening on seeding the Park.
Carl Ellsworth noted there was only one (1) bid specification out.
The Mayor stated there was an estimate of $1,000 per acre plus seed and fertilizer.
He instructed Carl ELlsworth to contact potential bidders-for the Park seeding
project.
OLD BUSINESS
5 The next item of business before the Council was Settlers Village.
Mr. Hosac stated that they had been before Planning and Zoning many times and they
did not like the F.Schibit B presented. Working with Planning and Zoning the
Preliminary Plat was developed.
Richard Williams stated that this did not alter the fact that .the use of the back lots
had changed from 14 commercial to the present proposed use.
Mr. Hoare inquired as to where the 14 commercial lot figure came from.
•
15, 197$
lgenda
5 Old Business (aoat'd)
Public Work's Superintendent stated that he needs to know what is going in to make
a decision on what is needed for service connections.
Richard Williams stated that there is a significant difference in the Final Plat
and Preliminary Platf~ril4 Commercial lots to around 50 commercial lots.
Mr. Hosac stated that he thought the Preliminary should have been 44 commercial lots.
Mr. Williams stated that the City should know what is going on each lot.
He also stated that he was not concerned with the zoning bnt the Plat was nebulous.
Mayor Storey inquired whether the hard copy had gone before Planning sad Zoning.
Mr. Hosac replied in the affirmative.
The proposed Plat was discussed:
Joe Glaisyer inquired as to covenants connected with the property and stated that it
would be helpful to the Council to review them.
The matter was discussed.
Joe Glaisyer stated that the Council should require covenants with the plans.
The matter of the required open space was discussed.
Mr. Williams stated that the open space should be dedicated to a home owners association
to keep it up.
Mr. Fuller stated that the development needed Council approval before they could get
a development loan.
Carl IIlsworth stated that there were variances needed before approval.
Blocks 1,2 and 5 on foot length.
Mr. Hosac commented that they are going with 60 foot wide streets, a wider paved
street than uBUal.
The specifications were discussed.
Grant Kingsford stated that the City is requiring five (5) foot sidewalks.
The matter was discussed.
Fire hydrants were discussed.
Covenants were discussed.
The Sewer was discussed.
The Motion was made by Grant Kingsford and seconded by Joseph Glaisyer that
Settlers Village be approved conditional to Sewer, Public Works, Fire Department
and also review of restrictive covenants and granting variances requested; that
the park should be deeded to a home owners association and the sidewalks should
be 5 feet throughout the project.
Joseph Glaisyer then stated that the City Council is approving foux~l.exes plus
commercial, sot any condominiums.
Motion passed: Williams, yea; Kingsford, yea; Glaieyer, yea
Norm Fuller stated that he will have the restrictive covenants into the City in
approximately one week.
Mayor Storey stated that when the conditions in the Motion were met he would sign
the hard copy.
(Agenda) Mrs. Roberta Lytle of 1440 W. Cherry Lane entered the Council Chambers and the
( 2 ) Council returned to Agenda item #2, the consideration of a Conditional Use Permit.
The Mayor stated that the Council wasted more time to study the issue.
Mrs. Lytle inquired about the nature of the hold up.
Mayor Storey stated the concern of the City of putting commercial uses in
residential areas.
Mrs. Lytle stated that it would only be keeping books and there would not be much
traffic.
Meridian City Hall .3. Maly 15, 1978
.(Agenda)
2 The matter of 1440 W. Cherry Lane Conditional Use Permit was discussed:
(Cont~d) Mrs. Lytle stated that she was trying to comply with City Ordinances oa procedures
and uses.
Mr. Glaisyer stated that he mould like to visually inspect the area before acting
on the request.
Mrs. Lytle stated that she had put in a circular drive to eliminate the need for
street parking.
Mayor Storey stated that the request would be taken up at the next Council meeting.
Lee Jones from Woodland Landscaping Inc. was present concerning the Park seeding.
He stated that he xonld like to know what the City wanted and they would submit
a bid.
The matter was discussed.
The requirements of the law was discussed by Carl Ellsworth.
Richard Williams stated that Notice was published as required by law and there
was no response.
Discussion followed on time tables and who to contact.
Mr. Williams stated that there should be a meeting on Tuesday, May 30th at 5:30 P.M.
The Council agreed.
Agenda
6 The next item of business before the Council was proposed ordinance Number 325
Permit Application Fees entitled; AN ORDINANCE AMENDING SECTION 7-505 OF TBE
REVISID AND COMPILID ORDINANCES OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, BY
ADDING THERETO A $20.00 FEE AS A PERMIT AND INSPECTION FEE.
The Motion moss made by Richard Williams and seconded by Grgat Kingsford that
the City Council adopt Ordinance Number 32$ with suspension of the rules.
Motion passed: Williams, yea; Glaisyer, yea; Kingsford, yea.
Agenda
7 The next item of business before the City Council vas Cherry Lane #1, amendment
of survey error.
Pat Joy explained it corrected a previous error.
Richard Williams stated that he wanted more explanation.
Richard Williams made the Motion and Joseph Glaisyer seconded to table amendment
until June 5th.
Motion passed: Williams, yea; Glaisyer, yea; Kingsford, yea.
Cherry Lane Village Phase II was discussed:
Richard Williams stated that the Final Plat on Phase II has been approved by
Planning and Zoning. The developeat plans have been reviewed for sewer and water
by the City Eagineers; the sewer plena have been reviewed by Richard Shults and
the water plans are being reviewed by Bruce Stuart. To get the Golf Course seeded
and power to the pumps the sewer lines must be laid. Mr. Williams asked Shulta to
work with contractors in order to get the Golf Course seeded. If there are any
changes the developer and engineer are aware of the fact that if there are any
changes it will be Incumbent on them to dig up and re-do anything that changes
and they are willing to take the chance.
Agenda Consultant Report:
8 Mayne Crookston, City Attorney, presented and read proposed Ordinance #326
F2ititled: AN ADULT BUSINESS LICENSING ORDINANCE: PERSONS SUBJECT TO LICENSE;DEFINITIONS:
LICENSE CLASSIFICATIONS; APPLICATION FOR LICENSE; RF7q?UIREMENT OF PHYSICAL EXAMINATIONS;
CONTROL BY CITY CLERK; INVESTIGATIONS TO BE MADE BY CITY OFFICIALS AND OTHER AGENCIES;
ISSUANCE OF LICENSE; INVESTIGATION BY CITY COUNCIL; MISDEMEANOR; REVOCATION; PROCIDURE
FOR LICENSE REVOCATION; REVIEW OF PUBLICATION AND FTTa:4 BY MAYOR, CITY COUNCIL OR OTHER
DESIGNATID REPRESENTATIVES; LOCATIONAL RESTRICTIONS; LIGHTING; PRIOR LOCATION AND
LICENSE LAPSE; AND LICENSE FEES.
Meridian City Hall .4. Ma9 15, 1978
(Cont~d The Motion was made b Jose h Glai
Agenda y P syer and seconded by Hichard Williams to adopt
( 8 ~ Ordinance #326 and that the'rnles and provisions of 59-9002 and all rules requiring
that Ordinances be read on three different datys be dispensed with and that
Ordinance No. 326 be passed and approved.
Motion passed: Williams, yea; Glaisyer, yea; Kingsford, yea;
Agenda
9 Building Inspector Vernon Schoen had nothing to report to the Council.
Agenda
10 Carl Ellsworth, City Engineer, reported Phase II, Change Order #4, relocation of
10 inch water line to Meadow View for $1,581.78 itemized cost break out on broken
line.
The Motion was made by Richard Williams and seconded by Joseph Glaisyer that
Change Order #4 on Phase II be approved.
Motion passed: Williams, yea; Glaisyer, yea; Kingsford, yea
Carl ELlsworth stated that Phe~se II is aubatantially complete-they have to get
easement releases from two property owners and some clean-up and break into sewer
line. They will xant final payment in June for the project. Ellsworth recommended
to the Council that a dollar estimate be attached to the work needing completion
and just retain that amount.
Mr. Ellsworth informed the Council that the Equal Opportunity Office in Seattle
called concerning the Treatment Plant and the problem is misinterpretation of the
plans and specifications and bidding process. J-U-B Engineers does not feel there
is a problem and are attempting to resolve the problem internally between the
sub-contractor and prime contractor.
There will be a pre-constructiott conference May 17th at 3:00 P.M. with Galey Const.
in the Council Chambers for Phase III, EDA has been contacted and they have
received all necessary documentation for reimbursement. There should be no problem
and reimbursement should be coming in three to four weeks if no problems develop.
Mr. Williams stated that the contracts have been handled well and the service is
appreciated.
City Department Reports:
Agenda
12 Police Chief Green reported on a conference he attended in Reno, Nevada. He stated
it was an informative conference.
The Mayor inquired as to who planned to attend the AIC Conference July 10th to 14th.
Meetittg was adjourned at 9:25 P.M.
Mr. Williams moved to reopen the meeting and Mr. Kingsford seconded the Motion.
Motion passed: Williams, yea; Glaisyer, yea; Kingsford, yea.
Wayne Crookston reported that Clarence Riser is oa sad of Phase III Interceptor Liae.
East side of Huco. He has not granted as easement to the City at this point and he
was informed that if he did not grant one the City will forget him and cut him off.
He requested from Mr. Crookston that he present to the City a couple of items.
Mr. Riser xants the City to guarantee that the City will make repairs to the
original specifications. This is not in any other sewer easements.
Richard Williams asked for clarifications.
The matter was discussed.
Meridian City Hell .5. MEIY 15, 197$
Cont'd City Department Reports:
Williams' response was that the City guarantees that the terms of the contract as
far as repair of the land will be lived up to.
Mr. Crookston stated that he ie referring to initial constructiott and any
subsequent construction. Also he is going to put in a railroad spur to service his
property and he wants the City to saq he can do that if its acceptable to the
railroad.
Mayor Storey stated that he ie no different than anyone else and should be treated
as such. It is advantageous to his property to have the line laid if he can not
live with it, it is his problem.
Mr. Williams and the Mayor felt that the request was unreasonable. The City has acted
is good faith sad has been forthright with the people and to give this to one person
is a dis-service to those people who have granted the City easements. Mr. Riser
is not etttitled to any more than the rest of the people.
Mr. Williams stated that he will be offered the same agreement as the rest of
the people.
The Motion wan made by Grant Kingsford and seconded by Joseph Glaisyer that the
meeting ad~oura.
Motion passed: All yea.
The meeting stood ad3ourned at 9:40 P.M.
Attests
Ci Clerk
MAYOR
cc: Mayor & Council; P&Z Commission;Heia; Ann; Bruce;Chief; Welker; Sehoen;
Shults; J-II-B; Hamilton; Pat Joy; AIC; APA; ACBD; Central District Health;
Nampa-Meridian Irrig; Ada Commissioners; Ada Zoning Director;Cherry-Linder Annex;
Original Townsite; 15 Acre Park; Settlers Village; Cherry Lane #1;
Phase II; Phase III Interceptor.
~,5
ORDINANCE NO. 3~~
AN ORDINANCE AMENDING SECTION 7-505 OF THE REVISED AND COMPILED
ORDINANCES OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, BY ADDING
THERETO A $20.00 FEE AS A PERMIT AND INSPECTION FEE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
MERIDIAN, ADA COUNTY, IDAHO:
Section 1. That Section 7-505 of the Revised and Compiled
Ordinances of the City of Meridian, is hereby amended to read
as follows:
is filed.
7-505: APPLICATION FOR SEWER SERVICE: Whenever any person
desires to obtain sewer service from the City, he shall make
application therefor in writing to the Superintendent of Sewers
and sign an agreement to be governed by such rules and regulations
not inconsistent with this Chapter as may be prescribed by the
Mayor and Council. A permit and inspection fee of twenty dollars
($20.00? shall be paid to the City at the time the application
Section 2. WHEREAS, there is an emergency therefor,
which emergency is hereby declared to exist, this Ordinance
shall take effect and be in force and effect from and after
its passage, approval and publication as required by law.
Passed by the City Council and approved by the Mayor of
the City of Meridian, Ada County, Idaho, this .~ t/, day of
May, 1978.
APPROVED:
AMBROSE
FITZGERALD 8
CRODKSTON
ATTORNEYS AND
CO UNSEIORS
929 EAST FIfl ST
MERIDIAN. IDAHO
83662
TELEPHONE R88-4461
~~ ~,~
MA R
ATTEST: ~j
J
CITE'-''CLERK
f
;.,,
,.
ORDINANCE NO. ~ ~?
AMRROSE.
FITZGERA~D &
CROOKSTON
ATTO RNEVS RNO
COUNSELORS
AN ADULT BUSINESS LICENSING ORDINANCE; PERSONS SUBJECT TO LICENSE;
DEFINITIONS; LICENSE CLASSIFICATIONS; APPLICATION FOR LICENSE;
REQUIREMENT OF PHYSICAL EXAMINATIONS; CONTROL BY CITY CLERK;
INVESTIGATIONS TO BE MADE BY CITY OFFICIALS AND OTHER AGENCIES;.
ISSUANCE OF LICENSE; INVESTIGATION BY CITY COUNCIL; MISDEMEANOR;
REVOCATION; PROCEDURE FOR LICENSE REVOCATION; REVIEW OF PUBLICA-
TION AND FILMS BY MAYOR, CITY COUNCIL OR OTHER DESIGNATED REPRE-
SENTATIVES; LOCATIONAL RESTRICTIONS; LIGHTING; PRIOR LOCATION AND
LICENSE LAPSE; AND LICENSE FEES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,
ADA COUNTY, IDAHO:
WHEREAS, the State of Idaho in Chapter 41 Title 18 of the
Idaho Code has identified certain printed or picturial matter
and live performances to be obscene and has declared the promo-
tion, sale or display of such matter to be a misdemeanor and
punishable as such by a fine, imprisonment or both.
WHEREAS, the State of Idaho in Chapter 1 of Title 52 of the
Idaho Code has declared that the exhibition or sale of obscene
publications, film or live performances constitute a moral
nuisance and the vendors and exhibitors of such matter or per-
formances are subject to being enjoined and subject to the payment
of civil penalties.
WHEREAS, the State of Idaho in Chapter 15 of Title 18 of
the Idaho Cade has declared it to be the policy of this state
to restrain the distribution, promotion or dissemination to minors
of materials or performances which describe in any form nudity,
sexual conduct, sexual excitement, or sadomasochistic conduct
which is offensive and appeals to the prurient interest or any
description in any form obscene or otherwise which has the
dominant effect of substantially arousing the sexual desires of
persons under the age of eighteen years.
WHEREAS, it is recognized that business establishments
which sell publications, exhibit films or have live performances
characterized by an emphasis on specified sexual activities, as
hereinafter defined, have a deleterious impact on the surrounding
neighborhood and encourage crime, undesirable transients and
result in a downgrading of property values.
WHEREAS, it is also recognized that persons, corporate or
otherwise, who specialize in selling materials which have an
emphasis on specified sexual activities, as hereinafter defined,
run a substantially greater risk of committing the crime of
obscenity or of distributing to minors material declared to be
harmful by Idaho State law or of committing a moral nuisance
than do persons not so engaged or employed.
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF MERIDIAN,
pursuant to local police regulations and as authorized by
Article 12, Section 3 of the Idaho Constitution:
929 EAST FIRST
M ERIOIA N. IDAHO
83642
TELEPHONE RRR-ARBI
AMBROSE.
FITZGERALO &
CROOKSTON
A1TOflNEY5 RN0
C O'J NSELO RS
Section 1: 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 therefor, actively or passively or performs or attempts
to perform any part of such business or occupation in the City
of Meridian.
Section 2. DEFINITIONS: The following definitions are
applicable to this ordinance:
(a) Adult store: (1) An establishment having as a
substantial or significant portion of its stock or trade books,.
magazines or films which are distinguished or characterized by
their emphasis on matter depicting, describing or relating to
"specified sexual activities"; or "specified anatomical areas"
(as defined below)., or (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 orfices;
(b) Adult theatre: An establishment, either enclosed or
open air, used for presenting to an audience through film or live
performances material distinguished or characterized by emphasis
on matter depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas" (as defined below);
(c) Adult arcade machines: Machines which are used by an
individual to view films or segments of films which such films are
distinguished or characterized by an emphasis on matter depicting,
describing or relating to "specified sexual activities" or
"specified anatomical areas" (as defined below);
(d) Specified sexual activities or sexual anatomical areas
defined. "Specified sexual activities" or "specified sexual
anatomical areas" are defined to include the following:
(1) The covered or uncovered male genitals in a discernibly
turgid state.
(2) The human male or female genitals with less than a
fully opaque covering.
(3) Acts of simulated or actual:
(i) Masturbation;
(ii) Human sexual intercourse;
(iii) Sexual copulation between
(iv) Fellatio;
(v) Cunnilingus;
(yi) Bestiality;
(vii) Pederasty;
(viii) Buggery; or
(ix) Any anal copulation between
another human male, human female, or beast;
(x) Pedophilia.
a man and beast;
a human male and
(4) The simulated or actual manipulating, caressing or fond-
ling by any person of:
929 ETST FIRST
M E'RIpIAN, IDRHO
93692
TELEPHONE BBB-446'
(i} The genitals of a human;
Cii) The covered or uncovered pubic area of a human;
(iii) The covered or uncovered human female breast
provided, however, that this subsection shall not be interpreted
to include within the scope of its prohibition the nursing of an
infant child.
(5) Flagellation or torture by or upon a person clad in
undergarments, a mask or bizarre costume, or the condition of
being fettered, bound or otherwise physically restrained on the
part of the one so clothed.
(6) The human male or female pubic area or buttocks with
less than a full opaque covering, or the human female breast from
the beginning of the areolo, papilla or nipple to the end
thereof with less than full opaque covering.
(e) Holding company:
(1) Holding company means any corporation, firm, partnership
trust or other. form pf business organization not a natual person
which, directly or indirectly:
(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 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:
I AMBROS E.
FITZGERALD &
CROOKSTON
I ATTORNEYS PNO
COUNSELO R$
I 929 ER ST FIRST
M ERI OIA N, IDR NO
03642
TE LEPNONE 888-4461
(1) Any corporation all or any part of whose outstanding
equity securities are:
(i) Owned;
(ii) Subject to a power or right of control; or
(iii} 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:
(i) Owned;
(ii) Subject to a power or right of control; or
(iii} Held with power to vote, by a holding company or
intermediary company.
(h) Adult business: An adult store, adult theatre, or
business which operates adult arcade machines on its premises.
Section 3. It shall be unlawful for any person to operate
any adult store, adult theatre, or adult arcade machine without
first obtaining an appropriately classified license to do so as
set forth in Section 4 below.
Section 4: LICENSE CLASSIFICATIONS:
(a) Class A: Adult store which does not admit persons
eighteen years or younger.
(b) Class B: Adult store which admits customers eighteen
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 or films or sexual devices.
(c) Class C: Adult Theatre.
(d) Class D: Adult arcade machines.
Section 5: APPLICATION FOR LICENSE: An application for a
license to operate one of the establishments described in Section
4 above ,shall be made to the City Clerk in such form and manner
as prescribed 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;
tb) The name and address of each employee;
AMRROSE.
FITZGERALD &
CROOKSTON
ATTORN EVS AND
COUNSELORS
(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
of the .stock of the corporation and the address of the corporation
.itself, if different from the address of the proposed establish-
ments.
(d) If applicant is a partnership, the names and addresses
of each of the partners, including the 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 years.
(f) The business, occupation, or employment of the appliant
for the three years immediately preceding the date of the applica-
tion 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
of the stock of the corporation and the address of the corporation
.itself, if different from the address of the proposed establishment
(h) The class of license applied for and a statement
the proposed establishment falls within the requested clas
929 EAST FIRST
MERIDIAN, IDARO
836x2
IEPHO NE 8B8-4481
(i) If the applicant is seeking a Class B adult store
license, a description of the manner in which minors will be pre-
vented from viewing publications or 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 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;
(1) 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.
(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.
(o) 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
ercent of the stock of the corporation and the address of the
corporation itself, if different from the address of the pro-
posed 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 data within ten 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 defined in
Section 2, the identity of each related holding company or sub-
sidiary as those terms are defined in Section 2. 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 of
the stock of the corporation, and the address of the corporation.
Section 6: REQUIREMENT OF PHYSICAL EXAMINATION: Where the
applicant seeks an adult store license and indicates the devices
described in Section 2(a) (3) will be sold, .the applicant and
each employee on the premises will provide the City with a state-
ment signed by a licensed physician in the state that he has
examined the applicant or employee, whichever the case may be, and
that based upon the examination and laboratory tests, believes
that person to be free from all communicable diseases, including
AM eROSE. venereal diseases.
FITZGERALD &
CROOKSTON
ATTORNEYS ANO
COUNSELO RE
929 EAST FIRST
h1ERIOlAN, IOANO
63642
TELEPHONE RBB~4461
•
Section 7: CONTROL BY CITY CLERK: The city clerk shall,
within three 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.
Section 8: INVESTIGATION TO BE MADE BY CITY OFFICIALS AND
OTHER AGENCIES: 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 ordi-
nances. Each official and agency shall submit a report in writing
to the city council within ten days of receiving the license
application and state whether the proposed establishment is in
compliance with the applicable ordinances, state laws and regula-
tions. It shall further be the duty of each respective official
and agency, should a license subsequently be granted to the
applicant, to examine and inspect such place licensed on a
regular basis to determine continuing conformity to the appli-
cable 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 days within which to correct the discrepancy. Reasonable
extensions of time will be granted the licensee if the discre-
pancy cannot be eliminated within a ten day period.
Section 9: ISSUANCE OF LICENSE: When the city clerk has
received a report and recommendation from each of the officials
or agencies designated in Section 6 and not later than fifteen
days from the filing of the application, the city clerk shall
submit the license application and official reports to the city
council for inclusion on 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.
Section 10: INVESTIGATION BY 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
y the applicant has or is attempting to perpetrate a fraud or
material misrepresentation on the city. Such further investiga-
ti.on may be completed and written findings issued at or prior to
the Next regular meeting following the meeting at which such ap-
plication 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
displated or sold by the applicant.
AMBROSE.
FITZGERALD &
CROOKSTON
ATTO RN EVS ANO
COVNSELO R$
929 EAST FIRST
M ERIOIAN. IDAHO
83fi 92
TELEPHONE BBB -/{4G1
AMBROBE.
FITZGERALD &
OROOKSTON
PTTO RN EV3 NNO
COUNSELORS
Section 11: MESDEMEANOR: 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 license under this ordinance
in contravention to the laws of the State of Idaho or the
Ordinances of the City of Meridian.
Section 12: 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 ordi-
nance, 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 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.
Section 13: PROCEDURE FOR LICENSE REVOCATION:. Any revocatio
of a license pursuant to this ordinance shall not occur until a
hearing is held before the city council. Twenty 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.
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.
Section 14: REVIEW OF PUBLICATION AND FILMS BY MAYOR, CITY
COUNCIL OR OTHER DESIGNATED REPRESENTATIVES:
(1) At the time of being issued a license under this
ordinance, the licensee will be advised in writing by the city
clerk of a date and time not less than thirty and no more than
sixty days from the licensing date, when the Mayor, City Council
members, or their designated representatives may review publica-
tions and films being held for sale by the licensee. if the date
and/or time is unacceptable to the licensee, the city clerk will
select a mutually satisfactory date.
(2) Place of review and inspection: The licensee shall
make his premises available to the city officials on the date
selected. However, in order to minimize any adverse business
impact, he may, at his option, bring the publications and films.
to the city hall for review there.
(3) Frequency of review: Such review may occur no more
frequently than three times per year and at the time of each
review, the licensee shall be given at least thirty days notice
If the date and time selected are not convenient to the licensee,
he shall so state and a mutually satisfactory review date and
time shall be selected by the city clerk.
929 EAST FIRST
MERIDIAN. IDAHO
83602
TELEPHONE BBB-4481
AMSROSE,
FITZGERALO &
CROOKSTON '
ATTORNEYS ANO
COUNSELORS
(4) All motion picture films shall be shown to the Mayor
and council by the licensee or his employee on the equipment
furnished by the licensee.
Section 15: LOCATIONAL RESTRICTIONS:
(a) No adult store, adult theatre, or business operating
an adult arcade machine may be located:
(1) Within 1500 feet of any school, park, church, or bus
stop; or
(2) Within 1500 feet of any existing adult store, adult
theatre, or business operating an adult arcade machine.
(3) Within those areas of the city designated residential
or within 1500 feet of the boundaries of such areas.
(b) Any adult store, adult theatre or business operating
an adult arcade machine must be located only where proper zoning
exists.
(c) Purpose: It is the purpose of this section to insure
that there does not develop $ pastern of adult businesses which,
by their location or concentration, would have a deleterious
effect on the peace, safety, and economy of the surrounding
neighborhood.
(d) Exception: An adult business may be allowed to locate
in the areas prohibited above upon receiving approval from the
city council. Such approval shall be given only after:
(i) A public hearing has been held, after notice of said
hearing has been published in the official city newspaper and
actual written notice of the hearing has been given to those
business and residents within 1500 feet of the proposed business
site and notice to the individual businesses and residents shall
be given at least 10 days prior to the hearing and shall state
the purpose, time and date and location of said hearing; and
(ii) A finding by the city council that the proposed
location will not: (1) Materially interfere with the activities
of nearby parks, schools, churches, or residential districts;
(2) Create an undue concentration of adult businesses (3)
Materially interfere with the free flow of pedestrian or vehicular
traffic; (4) Create an undue burden in controlling and policing
the illegal activities in the vicinity; (5) Create a nuisance to
the community; or (6) Adversely effect the health and safety and
welfare of the residents of the City of Meridian.
Section 16: LIGHTING: The parking spaces and the five foot
radius surrounding the entrance to an adult business shall be
illuminated to provide a light intensity of not less than one
foot candle at ground level.
Section 17: PRIOR LOCATION AND LICENSE 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 30 days of the date of
this ordinance and otherwise maintain a current license. .Once an
extstinq 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
929 EAST FIRET
M ERIOIA N. OAHO
83692
TELEPXONE BBB~AABI
A
AM0R06 E.
FIT ZGERAIp &
CROOKSTON
ATTORNEYS FNO
CD'J NSELORS
929 EAST FIRST
M ERIOIA N. IDANO
83642
TELEPNO NE 888-4461
failure to timely renew a license, any subsequent application
must satisfy all the requirements of this ordinance including
Section 15 pertaining to location restrictions.
Section 18: 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
3. Class C.license $200.00
4. Class D license:$ 50.00
per adult arcade machine.
(b) The request for renewal of licenses must be made on
forms supplied by the city clerk and such requests must be sub-
mitted by December 1st for renewal for the next calendar year.
Each renewal application must be accompanied by the annual fee
set forth in section (a) above.
(c) Where an application for a new license is made after
January 1st, the applicable fee shall be apportioned in accordance
with the number of days remaining in the calendar year.
Section 19. This Ordinance shall be in full force and effect
upon and after its passage and due publication according to law.
PASSED AND APPROVED This 1~~ day of May, 1978.
CITY OF MERIDIAN
~ ,
By:
Mayor
ATTEST:
i
,J.
Hera J. Cox
City Clerk