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28-01 777 Licensing for Sexually Oriented Business
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28-01 777 Licensing for Sexually Oriented Business
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Last modified
5/14/2013 2:59:21 PM
Creation date
7/8/2003 7:37:53 AM
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Office Of Council
Document Type
Ordinances
Date
7/8/2003
Date Adopted
7/2/2001
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(g) A provisional license will expire on whichever of the following three dates is earliest: <br /> <br />(1) the date that a judicial decision is issued upholding the license denial; <br /> <br />(2) <br /> <br />the date on which a non-provisional Sexually Oriented Business license or Sexually <br />Oriented Business employee license is issued to the applicant pursuant to a judicial <br />decision overturning the license denial; or <br /> <br />(3) the .date one (1) year from the issuance of the provisional license. <br /> <br />(h) <br /> <br />In the event that judidal review of the denial of a new license application is still pending <br />thirty (30) days before the expiration date of a provisional liCense, the provisional licensee <br />may file a renewal license application with the Building Commissioner pursuant to <br />subsection 777.12 (b) of this Chapter. The Building Commissioner shall grant an application <br />for renewal of a provisional license unless he determines that new grounds exist for denial <br />of a license application pursuant to section 777.07 or section 777.09 of this Chapter, which <br />did not exist at .the time of the original license application. In the event that an application <br />for renewal of a provisional license is denied and the applicant seeks judicial review of that <br />denial; the City has the right to consolidate such review with the pending judicial appeal of <br />the previous license denial. <br /> <br />777.16 TRANSFER OF LZCENSE. <br /> <br />(a) <br /> <br />A Sexually Oriented Business license is not transferable from one (1) licensee to another or <br />from one (1) location to another. Any purported transfer of a Sexually Oriented Business <br />license shall automatically and immediately revoke that license. <br /> <br />(b) <br /> <br />A Sexually Oriented Business employee license is not transferable from one (1) licensee to <br />another, but the use of the license by the individual to whom it was issued may be <br />transferred from one (1) licensed sexually oriented business or adult motel to another such <br />licensed establishment during the term of the license, provided that the licensee gives <br />written notice of such transfer to the Chief of Police within fifteen (15) days of such <br />transfer. <br /> <br />777.17 PROHZBI'I~ON OF ADULT MOTELS. <br /> <br />(a) No person shall operate an adult motel within the City. <br /> <br />(b) <br /> <br />Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has <br />been rented and vacated two (2) or more times in less than ten (10) hours creates a <br />rebuttable presumption that the establishment is an adult motel as that term is defined in <br />section 777.02 of this Chapter. <br /> <br />(c) <br /> <br />Evidence that a person in control of a sleeping room in a hotel, motel, or similar commercial <br />establishment has rented or subrented a sleeping room to a person and, within ten (10) <br />hours from the time the room was rented, has rented or subrented the same sleeping room <br />again, creates a rebuttable presumption that the establishment is an adult motel as that <br />term is defined in section 777.02 of this Chapter. <br /> <br />(d) <br /> <br />For purposes of subparagraph (b) of this section, the terms ,rent" or ,subrent" mean the <br />act of permitting a room to be occupied for any form of consideration; <br /> <br />(e) <br /> <br />Any person who operates a hotel, motel, or similar commercial establishment that is found <br />to be an adult motel, as defined in section 777.02 of this Chapter, commits a misdemeanor <br />of the first (1) degree. <br /> <br />Page 19of24 <br /> <br /> <br />
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