HomeMy WebLinkAboutORD 6540 ARC ADULT ENTERTAINEMENT
Augusta Richmond GA
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DOCUMENT TYPE: 0 ({ ~ \ l\) 'f\~c. 6
YEAR: 9DO~
BOX NUMBER: } to
FILE NUMBER: lle~lo q
NUMBER OF PAGES:
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ORDINANCE NO. 6540
AN ORDINANCE TO AMEND CERTAIN PROVISIONS TITLE 6,
CHAPTER 1 OF THE AUGUSTA-RICHMOND COUNTY CODE
REGUlATING ADULT ENTERTAINMENT ESTABLISHMENTS,
INCLUDING SECTIONS 6-1-9, 6-1-10, 6-1-11, 6-1-13, 6-1-14, 6-1-18, AND
6-1-19; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN
EFFECTIVE DATE; AND FOR OTHER lAWFUL PURPOSES.
NOW, THEREFORE, BE IT ORDAINED BY THE AUGUSTA-RICHMOND
COUNTY COMMISSION AND IT IS HEREBY ORDAINED BY THE
AUHTORITY OF SAME AS FOLLOWS:
Section 1.
The Augusta-Richmond County Code; Title 6, Chapter 1 is hereby
amended by amending Sections 6-1-9, 6-1-10, 6-1-11, 6-1-13, 6-1-14, 6-1-18 and 6-1-19, such
that as amended said Chapter shall read as follows:
TITLE 6
LICENSE AND BUSINESS REGUlATIONS
CHAPTER 1
ADULT ENTERTAINMENT
~ 6-1-1. FINDINGS; PUBLIC PURPOSE.
J3ased on the experience of other urban areas, including, but not limited to
Atlanta and Fulton County, Georgia; DeKalb County, Georgia; and Ft.
Lauderdale and Palm Beach, Florida and in reliance on studies by the City of
Austin, Texas and the City of Dallas, Texas, which experiences and studies were
found by the Richmond County Board of Commissioners to be similar to the
problems faced by Augusta, Georgia, the Commission takes note of the notorious
and self-evident conditions attendant to the commercial exploitation of human
sexuality, which do not vary greatly among generally comparable communities
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within the county. Moreover, it is the finding of the Commission that public
nudity (either partial or total) under certain circumstances, particularly in adult
entertainment establishments, begets criminal behavior and tends to create
undesirable community conditions. Among the acts of criminal behavior
identified with public nudity in adult entertainment establishments are disorderly
conduct, prostitution, and drug trafficking and use. Among the undesirable
community conditions identified with public nudity and adult entertainment
establishments are depression of property values in the surrounding
neighborhood, increased expenditure for and allocation of law enforcement
personnel to preserve law and order, increased burden on the judicial system as a
consequence of the criminal behavior hereinabove described, and acceleration of
community blight by the concentration of such establishments in particular areas,
and the resultant difficulty in fostering economic and community development in
the surrounding neighborhood. Therefore, the limitation of nude conduct in adult
entertainment establishments and regulation of adult entertainment establishments
are in the public welfare and it is a matter of governmental interest and concern to
prevent the occurrence of criminal behavior and undesirable community
conditions normally associated with adult entertainment establishments.
The Augusta-Richmond County Commission hereby declares that the
purpose of this Chapter is to regulate certain types of businesses including, but not
limited to, adult entertainment establishments, to the end that the many types of
criminal activities and undesirable community conditions frequently engendered
by such businesses will be curtailed. However, it is recognized that such
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regulation cannot de facto approach prohibition. Otherwise, a protected form of
expression would vanish. As to adult entertainment establishments, this Chapter
represents a balancing of competing interests: reduced criminal activity and
protection of the neighborhoods through the regulation of adult entertainment
establishments and the protected rights of adult entertainment establishments and
patrons. This Commission hereby readopts the findings of the Richmond County
Board of Commissioners when this Ordinance was originally adopted.
~ 6-1-2. DEFINITIONS.
The following terms used in this Chapter defining adult entertainment
establishments shall have the meanings indicated below:
(a) Adult bookstore. An establishment having a substantial or significant
portion of its stock in trade, magazines or other periodicals which are
distinguished or characterized by their emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical areas or an
establishment with a segment or section comprising five (5) per cent or more of
its total floor space, devoted to the sale or display of such materials or five (5) per
cent or more of its net sales consisting of printed materials which are
distinguished or characterized by their emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical areas.
(b) Adult dancing establishment. A business that features dancers
displaying or exposing specified anatomical areas.
(c) Adult motion picture theater. An enclosed building with a capacity of
fifty (50) or more persons used for presenting material distinguished or
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characterized by an emphasis on matter depicting, describing, or relating to
specified sexual activities or specified anatomical areas for observation by patrons
therein.
(d) Adult mini-motion picture theater. An enclosed building with a
capacity of less than fifty (50) persons used for commercially presenting material
distinguished or characterized by an emphasis on matter depicting or relating to
specified sexual activities or specified anatomical areas for observation by patrons
therein.
(e) Adult motion picture arcade. Any place to which the public is
permitted or invited wherein coins or slug operated or electronically, electrically
or mechanically controlled still or motion picture machines, projectors or other
image-producing devices are maintained to show images to five (5) or fewer
persons per machine at anyone time and where the images so displayed are
distinguished or characterized by an emphasis on depicting or describing specified
sexual activities or specified anatomical areas.
(t) Adult video store. An establishment having a substantial or significant
portion of its stock in trade, video tapes or movies or other reproductions, whether
for sale or rent, which are distinguished or characterized by their emphasis on
matter depicting, describing or relating to specified sexual activities or specified
anatomical areas or an establishment with a segment or section, comprising five
(5) per cent of its total floor space, devoted to the sale or display of such material
or which derives more than five (5) per cent of its net sales from videos which are
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characterized or distinguished by their emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical areas.
(g) Erotic dance establishment. A nightclub, theater or other establishment
which features live performances by topless and/or bottomless dancers, go-go
dancers,strippers or similar entertainers, where such performances are
distinguished or characterized by an emphasis on specified sexual activities or
specified anatomical areas.
(h) Escort bureau; introduction services. Any business, agency or persons
who, for a fee, commission, hire, reward, or profit, furnish or offer to furnish
names of persons, or who introduce, furnish or arrange for persons who may
accompany other persons to or about social affairs, entertainments or places of
amusement, or who may consort with others about any place of public resort or
within any private quarters.
(i) Good moral character. A person is of good moral character according
to this Chapter if that person has not been convicted of a felony involving serious
sexual misconduct, or a crime not a felony if it involves serious sexual
misconduct, in the past five (5) years.. Conviction shall include pleas of nolo
contendere or bond forfeiture when charged with such crime.
(j) Reserved
(k) Reserved.
(1) Minor. For the purposes of this Chapter, any person who has not
attained the age of eighteen (18) years.
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(m) Permitted premises. The business location for which a permit and a
Business Tax Certificate has been issued to operate an adult entertainment
establishment.
(n) Specified sexual activities. Shall include any of the following:
(1) Actual or simulated sexual intercourse, oral copulation, anal
intercourse, oral anal copulation, bestiality, direct physical stimulation of
unclothed genitals, flagellation or torture in the context of a sexual
relationship, or the use of excretory functions in the context of a sexual
relationship in any of the following sexually oriented acts or conduct:
anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio,
necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or
(2) Clearly depicted human genitals in a state of sexual
stimulation, arousal or tumescence; or
(3) Use of human or animal ejaculation, sodomy, oral copulation,
coitus or masturbation; or
(4) Fondling or touching of nude human genitals, pubic region,
buttocks or female breast; or
(5) Masochism, erotic or sexually oriented torture, beating or the
infliction of pain; or
(6) Erotic or lewd touching, fondling or other sexual contact with
an animal by human being; or
(7) Human excretion, urination, menstruation, vaginal or anal
irrigation.
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(0) Specified anatomical areas. Shall include any of the following:
(1) Less than completely and opaquely covered human genitals or
pubic region; buttock; or female breast below a point immediately above
the top of the areola; or
(2) Human male genitalia in a discernibly turgid state, even if
completely and opaquely covered.
~ 6-1-3. EROTIC DANCE ESTABLISHMENT REGUIATIONS.
(a) No person, firm, partnership, corporation or other entity shall advertise
or cause to be advertised an erotic dance establishment without a valid adult
entertainment establishment permit and Business Tax Certificate issued pursuant
to this Chapter.
(b) No later than December first of each year, an erotic dance
establishment Business Tax Certificate holder shall file a verified report with the
License and Inspection Department showing the Business Tax Certificate holder's
gross receipts and amounts paid to dancers for the preceding calendar year.
(c) An erotic dance establishment Business Tax Certificate holder shall
maintain and retain for a period of two (2) years the names, addresses and ages of
all persons employed as dancers.
(d) No adult entertainment establishment Business Tax Certificate holder
shall employ or contract with as a dancer a person under the age of eighteen (18)
years or a person not permitted pursuant to this Chapter.
(e) No person under the age of eighteen (18) years shall be admitted to an
adult entertainment establishment.
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(t) An erotic dance establishment may be open only between the hours of
8:00 a.m. and 3:00 a.m. Monday through Friday, and Saturday from 8:00 a.m.
through 2:30 a.m. on Sunday. No Business Tax Certificate holder shall permit his
place of business to be open on Christmas Day.
(g) No erotic dance establishment Business Tax Certificate holder shall
serve, sell, distribute or suffer the consumption or possession of any intoxicating
liquor or controlled substance upon the premises of the Business Tax Certificate
holder; provided, however, nothing shall affect any vested rights of the holder of
an alcohol license.
(h) An adult entertainment establishment Business Tax Certificate holder
shall conspicuously display all Business Tax Certificates required by this Chapter.
(i) All dancing shall occur on a platform intended for that purpose which
is raised at least two (2) feet from the level of the floor and no more than one
dancer shall occupy such platform at anyone time.
G) No dancer shall leave that platform without first putting on clothing
that does not expose to view any portion of the female breast below the top of the
areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva, or
genitals.
(1<:) No dancer, waitress, bartender, or other employee shall sit, mingle,
wait on customers, or walk around inside the establishment in view of any
customer without being clothed as provided in subparagraph G) above.
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(1) All dancing will be performed on permanent platforms as described
above, and will be in plain view of the entire audience. No private or "one on one"
dances shall be allowed.
(m) No dancing shall occur closer than ten (10) feet to any patron.
(n) No dancer shall touch, fondle or caress any portion of breasts,
buttocks, pubic region, or genital area, nor shall she touch, fondle or caress any
patron and no patron shall fondle or caress any dancer, or use any clothing or
inanimate object to do such.
(0) All dancers shall remain on their feet at all times during their dance
show or routine.
(P) Any payor gratuity from any patron shall only be placed in a garter,
worn for that purpose by a dancer on their thigh, just above the knee.
(q) No cameras of any type shall be used by any patron.
(r) If any portion or subparagraph of this Chapter or its application to any
person or circumstance is held invalid by a court of competent jurisdiction, the
remainder or application of other persons or circumstances shall not be affected.
~ 6-1-4. CERTAIN ACTIVITIES PROHIBITED.
No person, firm, partnership, corporation or other entity shall publicly
display or expose or suffer the public display or exposure, with less than a full
opaque covering, of any portion of a person's genitals, pubic area or buttocks in a
lewd and obscene fashion.
~ 6-1-5. PERMIT AND BUSINESS TAX CERTIFICATE REQUIRED.
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(a) It shall be unlawful for any person, association, partnership or
corporation to engage in, conduct or carryon in or upon any premises within
Augusta any of the adult entertainment establishments defined in this Chapter
without a permit so to do. No pe(Illit so issued shall condone or make legal any
activity thereunder if the same is deemed illegal or unlawful under the laws of the
State of Georgia or the United States.
(b) Any business, corporation or profession operating as an adult
entertainment establishment as defined in this Chapter shall be required to have a
Business Tax Certificate. The requirements for obtaining, renewing and
maintaining such Certificate shall be governed by the applicable provisions of the
Augusta-Richmond County Code, Title 2, Chapter 2. The regulatory fee for a
Business Tax Certificate issued to any adult entertainment establishment shall be
as set forth in ~ 2-1-3(c).
(Ord. # 6342, December 19, 2000)
~ 6-1-6. OPERATION OF UNPERMITTED PREMISES UNLAWFUL.
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It shall be unlawful for any person to operate an adult bookstore, adult
motion picture theater, adult mini-motion picture theater, adult hotel or motel,
adult motion picture arcade, cabaret, encounter center, escort bureau or adult
business or adult dancing establishment unless such business shall have a
currently valid Business Tax Certificate or shall have made proper application for
renewal within the time required thereof under this Chapter, which Business Tax
Certificate shall not be under suspension or permanently or conditionally revoked.
~ 6-1-7. ADMISSION OF MINORS UNLAWFUL.
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It shall be unlawful for a Business Tax Certificate holder to admit or
permit the admission of minors within the permitted premises.
~ 6-1-8. SALES TO MINORS UNLAWFUL.
It shall be unlawful for any person to sell, barter or give or to offer to sell,
barter or give to any minor any service, material, device or thing sold or offered
for sale by an adult bookstore, adult motion picture theater, adult massage parlor
or adult dancing establishment or other adult entertainment facility.
~ 6-1-9. LOCATION.
No adult entertaiment establishments shall be located in any zone other
then one designated as "U" Light Industrial or "HI" Heavy Industrial under the
Comprehensive Zoning Ordinance for Richmond County, as incorporated in the
Augusta-Richmond County Code, Title 8, Chapter 5.In addition, no adult
entertainment establishment or use restricted hereunder shall be located;
(a) within 1,000 feet of:
(1) A church or place of religious worship;
(2) A public or private elementary or secondary school;
(3) A child care facility;
(4) A boundary of a residential district as defined m the
Comprehensive Zoning Ordinance;
(5) A public park;
(6) A cemetery;
(7) The property line of a lot devoted to a residential use as
defined in the Comprehensive Zoning Ordinance;
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(8) Another sexually oriented business which does not have a
common entrance with an already licensed or exempted sexually oriented
business; or
(9) A governmental building or site.
(10) Another sexually oriented business.
(11) Within the parameters of an area designated as an Augusta
gateway/corridor in the Corridor/Gateway Action Plan (2000), as
presently existing or hereafter modified, adopted by the Augusta-
Richmond County Commission and on file in the office of the Clerk of the
Commission.
(b) A person commits an offense if he causes or permits the operation,
establishment or maintenance of more than one sexually oriented business in the
same building, structure, or its portion, or the increase of floor area of any
sexually oriented business in any building, structure, or its portion, containing
another sexually oriented business.
(c) For the purposes of subsection (a) (1) through (9) of this section,
measurement shall be made in a straight line, without regard to intervening
structures or objects, from the nearest portion of the building or structure used as
a part of the premises where a sexually oriented business is conducted, to the
nearest property line of the premises of a church or place of religious worship, or
public or private elementary or secondary school, or to the nearest boundary of an
affected public park, a cemetery, residential district or residential lot.
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(d) For purposes of subsection ((c)(lO)) of this section, the distance
between any two sexually oriented businesses shall be measured in a straight line,
without regard to intervening structures or objects, from the closest exterior wall
of the structure in which each business is located.
(e) Any sexually oriented business lawfully operating as of January 1,
1996 that is in violation of subsections (a), (b) or (c) of this section shall be
deemed a nonconforming use. Such use will be permitted to continue for a period
not to exceed one year unless sooner terminated for any such reason or voluntarily
discontinued for a period of 30 days or more. Such nonconforming uses shall not
be increased, enlarged, extended or altered except that the use may be changed to
a conforming use. If two or more sexually oriented business are within 1,000 feet
of one another and otherwise in a permissible location, the sexually oriented
business which was first established and continually operating at a particular
location is the conforming use and the later established business is
nonconforming.
(f) A sexually oriented business lawfully operating as a conforming use is
not rendered a nonconforming use by the location, subsequent to the grant or
renewal of the sexually oriented business license, of a church or place of religious
worship, public or private elementary or secondary school, public park, cemetery,
residential district or residential lot within 1,000 feet of the sexually oriented
business. This subsection applies only to the renewal of a valid license, and does
not apply when an application for a license is submitted after a license has expired
or has been revoked.
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(g) All locational requirements of this section must be approved by the
Augusta-Richmond County License and Inspection Department within 60 days
from the time the application is filed and all information required by this
Ordinance has been submitted to the License and Inspection Department.
(h) Failure by the Augusta-Richmond County License and Inspection
Department to approve or disapprove the location requirements within 60 days
from the time the application is filed and all information required by this
Ordinance has been submitted, shall constitute a waiver of this approval
requirement, but shall not constitute a waiver of the location requirements.
(i) Upon approval by the Augusta-Richmond County License and
Inspection Department, the application shall be submitted to the Augusta-
Richmond County Commission for Consideration.
~ 6-1-10. ADULT ENTERTAINMENT ESTABLISHMENT EMPLOYEES.
(a) Qualifications. Employees of an adult entertainment establishment
shall be not be less than eighteen (18) years of age. Every employee must be of
good moral character as defined in this Chapter. Any employee who is convicted
of a crime constituting a felony involving serious sexual misconduct or drug
trafficking or a crime not a felony involving serious sexual misconduct or drug
trafficking while employed as an adult entertainment establishment employee
shall not thereafter work on any permitted premises for a period of five (5) years
from the date of such conviction, unless a longer time is ordered by a court of
competent jurisdiction. The term convicted shall include an adjudication of guilt
on a plea of guilty or nolo contendere or the forfeiture of a bond when charged 14
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with a crime, and the terms employed on the permitted premises and work on any
permitted premises shall include as well work done or services performed while in
the scope of employment elsewhere than on the permitted premises.
(b) Approval for employment. Before any person may work on a permitted
premises, he shall file a notice of his intended employment on forms supplied by
the License and Inspection Department and shall receive approval of such
employment from the License and Inspection Department within 14 days of
application. An investigation fee of fifty dollars ($50.00) shall accompany the
notice of intended employment or a receipt of the License and Inspection
Department evidencing the payment of such fee at the time the notice is filed.
Upon approval, the employee may begin working on the permitted premises. If
approval is denied, the prospective employee may, within ten (10) days of said
denial, apply to the License and Inspection Department for a hearing. The
decision of the Director of the License and Inspection Department after hearing
may be appealed to the Commission which shall issue such order as is proper in
the premises within 30 days. Such decision, or a failure to make a decision within
the prescribed number of days shall constitute a full exhaustion of administrative
remedies, after which the applicant may immediately seek judicial relief in a court
having proper jurisdiction.
(c) Independent contractors. For the purpose of this Chapter, independent
contractors shall be considered as employees and shall be licensed as employees,
regardless of the business relationship with the owner or Business Tax Certificate
holder of any adult entertainment establishment.
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~ 6-1-11. APPLICATION FOR PERMIT.
(a) All applicants for a license to operate any adult entertainment
establishment shall give notice of their intention to make such application by
advertisement in the form prescribed by the director of the Augusta-Richmond
County license and inspection department. Advertising as referred to in this
section means there shall be a sign posted thirty (30) days prior to the hearing of
the application in a prominent position on the property (front window where it can
be read from the road); also, all new permit applications shall be required to
advertise three (3) times in the legal gazette before applications are heard by the
Commission. Advertising in the legal gazette shall be during the thirty-day period
prior to the hearing of the application by Commission. Before the application is
presented to the Commission, the applicant shall furnish proof that the
advertisement has been completed as required hereinabove. Any problems with
securing the required advertising should immediately be brought to Augusta's
attention. Augusta shall then place the appropriate advertisement on behalf of the
applicant, with the applicant being responsible for all cost.
(b) Any person, association, partnership or corporation desiring to obtain a
permit to operate, engage in, conduct or carryon any adult entertainment
establishment shall make application to the License and Inspection Department.
Prior to submitting such application, a nonrefundable fee of $200.00 shall be paid
to Augusta to defray, in part, the cost of investigation, and reporting required by
this Chapter. The License and Inspection Department shall issue a receipt
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showing that such application fee has been paid. The receipt or a copy thereof
shall be supplied to the Commission at the time such application is submitted.
(c) The application for permit does not authorize the engaging m,
operation of, conduct of or carrying on of any adult entertainment establishment.
~ 6.1.12. APPLICATION CONTENTS.
Each application for an adult entertainment establishment permit shall
contain the following information:
(a) The full true name and any other names used by the applicant;
(b) The present address and telephone number of the applicant;
(c) The previous addresses of the applicant, if any, for a period of five (5)
years immediately prior to the date of the application and the dates of residence at
each;
(d) Acceptable written proof that the applicant is at least eighteen (18)
years of age;
(e) The business license history of the applicant and whether such
applicant, in previous operations in this or any other county, city, state or territory
under license, has had such license or permit for an adult entertainment business
or similar type of business revoked or suspended, the reason therefor and the
business activity or occupation subsequent to such action of suspension or
revocation;
(f) All convictions, including ordinance violations, exclusive of traffic
violations, stating the dates and places of any such convictions;
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(g) If the applicant is a corporation, the name of the corporation shall be
set forth exactly as shown in its articles of incorporation or charter, together with
the place and date of incorporation, and the names and addresses of each of its
current officers and directors. If the applicant is a partnership, the applicant shall
set forth the name, residence address and dates of birth of all partners, except
limited partners having no rights to direct the day to day operations of the
business. If the applicant is a limited partnership, it shall furnish a copy of its
certificate of limited partnership filed with the appropriate authority. If one or
more partners is a corporation, the provisions of this Chapter pertaining to
corporations shall apply. The applicant corporation or partnership shall designate
one of its officers or general partners to act as its responsible managing officer.
Such designated persons shall complete and sign all application forms required of
an individual applicant under this Chapter, but only one application fee shall be
charged;
(h) The names and addresses of the owner and lessor of the real property
upon which the business is to be conducted and a copy of the lease or rental
agreement;
(i) The age and date of birth of the applicant, of any partners other than
limited partners having no right to direct the day to day operations of the business,
or of any and all officers, and/or directors of the applicant if the applicant is a
corporation;
G) If the applicant, manager or any partners, officers, or directors of the
applicant if the applicant is a corporation, have ever been convicted of any crime
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constituting a felony, or any crime not a felony involving moral turpitude, in the
past five (5) years, and if so, a complete description of any such crime, including
date of violation, date of conviction, jurisdiction of any disposition, including any
fine or sentence imposed and whether terms of disposition have been fully
completed;
(k) If the applicant is a person doing business under a trade name, a copy
of the trade name properly recorded. If the applicant is a corporation, a copy of
authority to do business in Georgia, including State of incorporation, trade name
affidavit, if any, last annual report, if any;
0) Address of the premises to be permitted;
(m) Whether the premises are owned or rented and, if the applicant has a
right to legal possession of the premises, copies of those documents giving such
legal right;
(n) A plat by a registered engineer, licensed by the State of Georgia,
showing the location of the proposed premises in relation to the neighborhood, the
surrounding zoning, its proximity to any church, school, public park,
governmental building or site or other business hereunder regulated,
demonstrating compliance with the location requirements of this chapter.
(0) Each application for an adult entertainment establishment Business
Tax Certificate shall be verified and acknowledged under oath to be true and
correct by:
(1) If the applicant is an individual, the individual;
(2) If by a partnership, by the manager or general partner;
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(3) If a corporation, by the president of the corporation;
(4) If any other organization or association, by the chief
administrative official.
(P) If the answers to any of the above disclosure requirements should
change for any reason whatsoever, that applicant shall submit the changes to the Augusta-
Richmond County License and Inspection Department within thirty (30) days. Thus, if
the identity of any manager, officer, or director should change, or if the information they
are required to disclose at the time of the application should change, they shall report
such change to the Augusta-Richmond County Licensing and Inspection Department
within thirty (30) days.
~ 6-1-13. APPLICATION; INVESTIGATION.
After approval (or waiver of approval) by the Augusta-Richmond County
License and Inspection Department, the Augusta-Richmond County Commission
shall have thirty (30) days to investigate the application and the background of the
applicant. Upon completion of the investigation, the Commission shall grant the
permit if it finds:
(a) The required fee has been paid;
(b) The application conforms in all respects to the provisions of this
Chapter;
(c) The applicant has not knowingly made a material misrepresentation in
the application;
(d) The applicant has not had an adult entertainment establishment permit
or other similar license or permit denied or revoked for cause by the Augusta-
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Richmond County Commission, or by any other county or city located in or out of
this state prior to the date of application within the previous 12 months;
(e) The building, structure, equipment or location of such business as
proposed by the applicant would comply with all applicable laws~
(t) The applicant is at least eighteen (18) years of age;
(g) That the applicant, his or her employee, agent, partner, director,
officer, or manager has not, within five (5) years of the date of the application,
knowingly allowed or permitted any of the specified sexual activities as defined
herein to be committed or allowed in or upon the premises where such adult
entertainment establishment is to be located or to be used as a place in which
solicitations for the specified sexual activities as defmed herein openly occur;
(h) That the proposed premises meets all of the location requirements
under section 6-1-9 of this Chapter;
(i) That the grant of such Business Tax Certificate will not cause a
violation of this Chapter or any other ordinance or regulation of Augusta, the
State of Georgia or the United States;
G) Failure by the Augusta-Richmond County Commission to approve or
.disapprove an application within thirty (30) days of approval by the County
License and Inspection Department, shall constitute a waiver of this approval
requirement, but shall not constitute a waiver of the location requirements.
f 6-1-14. PERSONS PROffiBITED AS BUSINESS TAX CERTIFICATE
HOLDERS.
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No Business Tax Certificate provided for this Chapter shall be issued to or
held by an applicant who has not paid all required fees and taxes for a business at
that location or property taxes;
~ 6-1-15. SAME--NONTRANSFERABLE.
No adult entertainment establishment permit may be sold, transferred or
assigned by a permittee, or by operation of law, to any other person or persons.
Any such sale, transfer or assignment or attempted sale, transfer or assignment
shall be deemed to constitute a voluntary surrender of such permit, and such
permit shall thereafter be null and void; provided and excepting, however, that if
the permittee is a partnership and one or more of the partners should die, one or
more of the surviving partners may acquire, by purchase or otherwise, the interest
of the deceased partner or partners without effecting a surrender or termination of
such permit, and in such case the permit, upon notification to Augusta, shall be
placed in the name of the surviving partner .
~ 6-1-16. CHANGE OF LOCATION OR NAME.
(a) No adult entertainment establishment shall move from the location
specified on its permit until such change has been approved by the Commission.
Such approval shall not be given unless all requirements and regulations as
contained in the Augusta-Richmond County Code have been met.
(b) No permittee shall operate, conduct, manage, engage in or carryon an
adult entertainment establishment under any name other than his name and the
name of the business as specified on his permit.
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(c) Any application for an extension or expansion of a building or other
place of business where an adult entertainment establishment is located shall
require inspection and shall comply with the provisions and regulations of this
chapter.
~ 6-1-17. APPEAL; PROCEDURE.
(a) Upon an adverse decision by the Augusta License and Inspection
Department, the applicant or the Business Tax Certificate holder shall, within ten
(10) days after he has been notified of an adverse determination, submit a written
notice of appeal to the Augusta-Richmond County Commission;
(1) The notice of appeal shall be addressed to the Commission and
shall specify the subject matter of the appeal, the date of any original and
amended application or requests, the date of the adverse decision (or
receipt of notice thereot), the basis of the appeal, the action requested of
the Commission and the name and address of the applicant;
(2) The appeal shall be placed on the agenda of the next regular
meeting occurring not less than five (5) nor more than thirty (30) days
after receipt of the application for Commission action;
(3) When an appeal is placed on the Commission agenda, the
Administrator shall give applicant reasonable notice of hearing.
(b) Upon an adverse decision by the Augusta-Richmond County
Commission, such decision shall constitute a full exhaustion of administrative
remedies and the applicant may exercise the right to prompt judicial review by
filing an action with a court having proper jurisdiction.
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~ 6-1-18. COMMISSION HEARING.
Whenever the Augusta-Richmond County Administrator has scheduled an
appeal before the Commission, at the time and date set therefore, the Commission
shall receive all relevant testimony and evidence from the applicant or Business
Tax Certificate Holder, from interested parties and from Augusta's staff. The
Commission must modify, reverse or affirm the adverse decision being appealed
within 14 days of the scheduled meeting.
~ 6-1-19. RULES OF EVIDENCE INAPPLICABLE.
The Commission shall not be bound by the traditional rules of evidence in
hearings conducted under this Chapter. Rules of evidence as applied in an
administrative hearing shall apply.
~ 6-1-20. VIOLATIONS; PENALTY.
Any person violating the provisions of this Chapter shall be guilty of a
misdemeanor, punishable, by a fine not to exceed one thousand ($1,000.00) per
violation or by imprisonment. In addition to such fine or imprisonment;
(a) Augusta is given full power to suspend, for fifteen days, any license
issued under this Chapter, where Augusta determines, upon sufficient cause, that:
(1) The Business Tax Certificate Holder, or its agents, officers,
servants or employees, maintain or continue to maintain a nuisance on the
licensed premises.
(2) The licensed premises are unsanitary as certified by the
Richmond County Health Department.
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(3) The licensed premises are unsafe, as certified by the Building
Inspection Department or by the Chief of the Fire Department.
(b) Before Augusta shall suspend or revoke a license, Augusta shall
furnish the licensee a written statement, by certified or registered mail or by
personal service, of the cause for suspension or revocation of the license and the
length of time of suspension.
(1) Augusta shall, within twenty days of notification, seek judicial
review of the proposed decision in a court of competent jurisdiction.
(2) The Business Tax Certificate Holder may seek judicial review
of the proposed decision in a court of competent jurisdiction at anytime
after notification.
(3) The County shall have the burden of demonstrating the validity
of the proposed suspension or revocation in any judicial review, whether
review is brought by the applicant or Augusta.
(b) The license shall be suspended if more than three violations of this
Chapter have been committed during any ninety-day period by the licensee, or
any officer, employee, agent, servant, or independent contractor of the licensee if
each violation was due to acts of such persons and which acts were done within
such officers', employees', agents' or servants' scope of authority under the owner.
(c) The license shall be revoked if more than five violations of this
Chapter have been committed during anyone-year period by the licensee or any
officer, employee, agent, servant or independent contractor of the licensee.
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(d) A suspension for more than 15 days or revocation of a license shall not
become effective until approved by a trial court of competent jurisdiction.
(1) A licensee may operate until such time as the suspension or revocation
shall become effective as set forth in subsection (e) of this section.
~ 6-1-21. UNIA WFUL OPERATION DECLARED NUISANCE.
Any adult entertainment establishment operated, conducted or maintained
contrary to the provisions of this Chapter shall be and the same is hereby declared
to be unlawful and a public nuisance. Augusta may, in addition to or in lieu of
prosecuting a criminal action hereunder, commence an action or actions,
proceeding or proceedings for abatement, removal or enjoinment thereof in the
manner provided by law. It shall take such other steps and shall apply to such
court or courts as may have jurisdiction to grant such relief as will abate or
remove such adult entertainment establishment and restrain and enjoin any person
from operating, conducting or maintaining an adult entertainment establishment
contrary to the provisions of this Chapter.
~ 6-1-22. CLEANING OF PERMITTED PREMISES.
Each permitted premises shall be maintained in a clean and sanitary
condition and shall be cleaned at least once daily and more frequently when
necessary. This activity shall be supervised by the person in charge of the
permitted premises. There shall be provided adequate facilities, equipment and
supplies on the permitted premises to meet this requirement, and adequate
ventilation and illumination shall be provided to permit thorough, complete
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cleaning of the entire permitted premises. Trash and garbage shall not be
permitted to accumulate or to become a nuisance on or in the immediate vicinity
of the permitted premises but shall be disposed of daily or as often as collections
permit.
~ 6-1-23. SELF-INSPECTION OF PERMITTED PREMISES.
The Business Tax Certificate holder of a permitted premises or his
designated representative shall make sanitary inspections of the permitted
premises at least once a month and shall record his findings on a form supplied by
the License and Inspection Department. Each permitted premises shall post and
maintain in a readily accessible place a schedule for maintaining the sanitation of
the premises.
~ 6-1-24. SEALING FOR UNSANITARY OR UNSAFE CONDITIONS.
A permitted premises or any part thereof may be sealed by order of the
Director of the License and Inspection Department on his finding of a violation of
this Chapter resulting in an unsanitary or unsafe condition as determined by the
Richmond County Health Department or the application of the Technical Codes
enumerated in Augusta-Richmond County Code section 7-1-16. Prior to sealing,
the License and Inspection Department shall serve on the Business Tax Certificate
holder, by personal service on him or by posting in a conspicuous place on the
licensed premises, a notice of the violation and an order to correct it within
twenty-four (24) hours after service. If the violation is not so corrected, the
License and Inspection Department may physically seal that portion of the
licensed premises causing the violation and order the discontinuance of use
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day of . ~~ 2002, and this
First Reading:
August 6, 2002
day of
Second Reading:
Waive ?nd Reading
Published in the Augusta Chonicle August 15, 2002
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be included herein.
Duly adopted this
6
Aug" 2002.
ATIEST:
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thereof for a period not to exceed seven (7) days. Augusta-Richmond County
shall within seven (7) days seek judicial review of its action in a court of
competent jurisdiction. The business which has been sealed may immediately be
permitted to seek judicial review in a court of competent jurisdiction or remedy
the unsafe or unsanitary condition. The License and Inspection Department shall
affix to the sealed premises a conspicuous sign labeled Unclean or Unsafe as the
case may be. Reserved
~ 6-1-25. ABATEMENT AS SANITARY NUISANCE.
A licensed premises or any part thereof may be abated as a sanitary
nuisance.
~ 6-1-26. OBSCENE DEVICES NOT PERMITTED.
Nothing contained in this Chapter shall in any way be construed to
authorize, license or permit any machine or device which exhibits or allows
viewing of photographs or moving pictures, of an obscene nature, or in any
manner prohibited by law or the ordinances of Augusta, the State of Georgia, or
the United States. Any operator or proprietor or other person or persons who shall
permit in any way, either directly or indirectly, any such use of any device or
machine shall be subject to immediate confiscation by the Richmond County
Sheriff's Department, and shall be held by the Sheriff until a court of proper
jurisdiction deems the confiscated materials non-obscene. Failure of anyone found
to be in violation of this provision to seek judicial review within 60 days of the
materials being confiscated shall constitute a waiver of all rights to the
confiscated items.
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~ 6-1-27. SEVERALBILITY.
In the event that any section, subsection, clause, phrase or potion of this
ordinance is held illegal, invalid, or unconstitutional in a court of proper
jurisdiction, such holding shall not affect the validity of the remainder of this
Chapter.
Section 2.
This Ordinance shall become effective upon adoption.
Section 3.
All Ordinances or parts of Ordinances in conflict with this Ordinance are
hereby repealed.
Section 4.
If any section, provision, or clause of any part of this Ordinance be
declared invalid or unconstitutional, or if the provisions of any part of this Ordinance as applied
to any particular situation or set of circumstances be declared invalid or unconstitutional, such
invalidity shall not be construed to affect portions of this Ordinance not so held to be invalid, or
the application of this Ordinance to other circumstances not so held to be invalid. It is hereby
declared as the intent that this Ordinance would have been adopted had such invalid portion not
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