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5.40.020 Permit required from chief of police – Application – Issuance – Duration – Renewal. 5.40.040 Procedure upon denial of an application or revocation of a permit. “Adult entertainment” means dancing, modeling or other live entertainment if the entertainment is characterized by an emphasis on specified sexual activities or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons; or the showing of films, motion pictures, videotapes, slides, photographs, CD-ROMs, DVD-ROMs, or other media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.5.40.050 Availability of prompt judicial review and determination. 5.40.070 Regulations pertaining to adult businesses providing adult entertainment. “Adult merchandise” means magazines, books, other periodicals, videotapes, films, motion pictures, photographs, slides, CD-ROMs, DVD-ROMs, virtual reality devices, or other similar media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; instruments, devices or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs; or lingerie or leather goods marketed or presented in a context to suggest their use for sadomasochistic practices.(d) The applicant has been denied a permit or has had a permit revoked or suspended within the past 12 months under any statute or ordinance requiring a permit to operate an adult business.(e) Failure of the applicant’s business to comply with the city’s business license, zoning, building, plumbing, utility, health, electric or fire prevention codes, or with any other applicable city or state laws or regulations. (6) If the application is denied, the chief of police or designee shall notify the applicant of the denial and state the reasons for the denial.
(h) A criminal records check of the applicant shall be provided by the applicant with the application, along with the applicant’s written authorization to investigate whether the information provided by the applicant is true.
“Employee” means an individual working or performing services for any adult business, including any independent contractor who provides services on behalf of any adult business to the patrons of such business, whether or not the individual receives any remuneration, gratuity, or tips of any kind, or pays the permittee or manager for the right to perform or entertain in the adult business.
“Live entertainment” means entertainment provided in person including, but not limited to, musical performances, music played by disc jockeys, public speaking, dramatic performances, dancing, modeling, or comedy performances.
(6) On two or more occasions within a 12-month period, employees or associates of the adult business at the time of the offenses committed an offense in or on the permitted premises for which a conviction has been obtained constituting: (a) Aiding, abetting or harboring a runaway child; (b) Prostitution or promotion of prostitution; (c) Exposing minors to harmful materials; (d) Dissemination of obscenity; (e) Sexual assault.
The fact that a conviction is being appealed shall have no effect on the revocation of the permit.