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HomeMy WebLinkAboutORD 6607 ARC CODE ENTERTAINMENT ESTAB Augusta Richmond GA DOCUMENT NAME: ~ ~ D ~ - olD lo 0'7 DOCUMENT TYPE: O<Z'i':> \~ AN~~ YEAR: ~t>o3 BOX NUMBER: , 't FILE NUMBER: I Lt> L, <6' D NUMBER OF PAGES: 3 0 :-> .. l r . i' f I '1 r , , \ J I r. " ORDINANCE NO. 6607 AN ORDINANCE TO AMEND TITLE 6, CHAPTER 1 OF THE AUGUSTA-IDCHMOND COUNTY CODE REGULATING ADULT ENTERTAINMENT EST ABLSHIMENTS BY DELETING CHAPTER 1 IN ITS ENTIRETY SO AS TO RE-ADOPT THE FINDING OF PUBLIC PURPOSE; TO DEFINE ADUL T ENTERTAINMENT ESTABLISHMENTS; TO PROVIDE REGULATIONS FOR EROTIC DANCE ESTABLISHMENTS; TO PROHIBIT CERT AIN ACTIVITIES IN ADUL T ENTERTAINMENT EST ABLISHMENTS; TO PROVIDE FOR PERMITS FOR ADUL T ENTERTAINMENT ESTABLISHMENTS; TO REGULATE THE OPERATION OF SAME; TO PROVIDE FOR THE LOCATION OF SAME; TO PROVIDE REGULATION FOR EMPLOYEES AND OWNERS OF SAME; TO PROVIDE FOR REVIEW; TO PROVIDE SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER LAWFUL PURPOSES. NOW, THEREFORE, BE IT ORDAINED BY THE AUGUST A- RICHMOND COUNTY COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME AS FOLLOWS: Section 1. The Augusta-Richmond County Code, Title 6, Chapter I is hereby amended by striking Chapter I in its entirety and substituting in lieu thereof the following: TITLE 6 LICENSE AND BUSINESS REGULATIONS CHAPTER 1 ADUL T ENTERTAINMENT ~ 6-1-1. FINDINGS; PUBLIC PURPOSE. Based on the experience within Augusta, neighboring counties and in reliance on studies by the Cities of St. Marys, Georgia, Austin, Texas, Amarillo, I (' I 'I i " , i 1 t' I, .' I Texas, Beaumont, Texas, Indianapolis, Indiana, Los Angeles, California, Phoenix, Arizona, St. Paul, Minnesota, Garden Grove, California, and Tucson, Arizona, which experiences and studies have been found by the Augusta-Richmond County Commission to be similar to the problems faced by Augusta, Georgia and in further reliance on federal case law reciting findings on the issue, 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 within the country. Moreover, it is the finding of the Commission that public nudity (either partial or total) under certain circumstances, and the display and sale of material distinguished or characterized by an emphasis on matter depicting, describing, or related to specified sexual activities or specific anatomical areas for observation and purchase by patrons therein, 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, adult bookstores and adult entertainment establishments are disorderly conduct, prostitution, child molestation and drug trafficking and use. Among the undesirable community conditions identified with public nudity, adult bookstores 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, 2 l I~' I 'I j i t f, ," I' , . 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 the 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 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. ~ 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, magazmes or other periodicals which are 3 j'i f 'I , I, I. I' 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 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 4 I I 0/ I, "\ I' 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. (f) 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 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. 5 I . i , 'I , " (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 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. CD Reserved (k) Reserved (1) Minor. For the purposes of this Chapter, any person who has not attained the age of eighteen (18) years. (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: (l) 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 6 . I . , (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. (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 REGULATIONS. (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 7 I . -. , " , ,I J I' . , 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. (f) 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. 8 1 t i. -I .- j , (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. U) 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. (k) 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 U) above. (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. 9 1. ' I , . . , l . (r) If any portion or subparagraph of this section 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. (a) It shall be unlawful for any person, association, partnership or corporation to engage in, conduct or carry on in or upon any premises within Augusta any of the adult entertainment establishments defined in this Chapter without a permit so to do. No permit 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). 10 , , ~ 6-1-6. OPERATION OF UNPERMITTED PREMISES UNLAWFUL. 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. 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 than one designated as "LI" 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: 11 " . , . . (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 In 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; (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, which shall be defined as all public building, parks, and recreational areas owned, operated or occupied by Augusta. (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. Gateways and Corridors are defined as follows: 12 I' ./ a. Gordon Highway/Doug Barnard Parkway Gateway - All property located within 1000 feet of the intersection of the centerlines of these roadways; b. 1-20/Riverwatch Parkway Gateway - All property located within 2000 feet of the intersection of the centerlines of these roadways; and c. Peach Orchard Road/Gordon Highway Corridor - All property located within 1000 feet of the centerline of the following roadways: Peach Orchard Road from Tobacco Road to Gordon Highway, and Gordon Highway from Peach Orchard Road to Walton Way. (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 13 J, , I -'j,. " " . ' affected public park, a cemetery, residential district, residential lot or governmental building or site. (d) For purposes of subsection (a) (1 0) 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, 2003 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 unless 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, governmental building or site as defined herein, cemetery, residential district or residential lot or government building or site within 1,000 feet of the sexually oriented business. This subsection applies only to the renewal of a valid license, and does not apply 14 when an application for a license is submitted after a license has expired or has been revoked. (g) Alllocational requirements of this section must be approved by the Augusta License and Inspection Department within 30 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 License and Inspection Department to approve or disapprove the location requirements within 30 days from the time the application is filed and all information required by this Chapter has been submitted, shall constitute a waiver of this approval requirement. (i) Upon approval or waiver of approval by the Augusta 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 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 15 . ..1 ,) guilty or nolo contendere or the forfeiture of a bond when charged with such 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 or the failure of the License and Inspection Department to approve or deny within such fourteen (14) day period, 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 Director of the License and Inspection Department for a hearing. The Director shall conduct the requested hearing within ten (10) days and shall approve or deny the requested employment with five (5) days of the hearing. Upon the failure of the Director to approve or deny within such five (5) day period, the employee may begin working on the permitted premises. A decision of the Director of the License and Inspection Department denying approval of employment may be appealed to the Commission which shall hear such appeal at its next regularly scheduled meeting. The Commission shall issue a decision on such appeal with fourteen (14) days of 16 ,"I .t the date of the hearing on the appeal. Upon the failure of the Commission to make a decision on the appeal within said fourteen (14) days, the employee may begin working on the permitted premises. The decision by the Commission, or a failure of the Commission 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. ~ 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 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 (i.e. front window where it can be viewed 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 the Commission. Before the application is presented to the Commission, the applicant shall furnish proof that the 17 : , . .' 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 carry on 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 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 In, 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 sha1l 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; 18 " (d) Acceptable written proof that the applicant is at least eighteen (1 8) 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; (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 19 , . . , 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 without any 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; (j) 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 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; (1) Address of the premises to be permitted; 20 , , >, (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: (I) If the applicant is an individual, the individual; (2) If by a partnership, by the manager or general partner; (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 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 Licensing and Inspection Department within thirty (30) days. 21 , l , . ii/ 'J ~ 6-1-13. APPLICATION; INVESTIGATION. After approval (or waiver of approval) by the Augusta License and Inspection Department, the Augusta-Richmond County Commission shall have fourteen (14) days to investigate the application and the background of the applicant. Upon completion of the investigation, the Commission, at the next regularly scheduled meeting following such fourteen (14) day period, 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- 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 applicant is at least eighteen (18) years of age; (f) 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 defined herein openly occur; 22 . . . , . (g) That the proposed premises meets all of the location requirements under section 6-1-9 of this Chapter; (h) Failure by the Augusta-Richmond County Commission to approve or disapprove an application within the time provided in this Section shall constitute a waiver of this approval requirement. In such event a permit shall be issued to the applicant. ~ 6-1-14. Reserved. ~ 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. 23 . . (b) No permittee shall operate, conduct, manage, engage in or carry on an adult entertainment establishment under any name other than his name and the name of the business as specified on his permit. (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 thereof), 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 appeal; (3) When an appeal is placed on the Commission agenda, the Clerk shall give the applicant reasonable notice of hearing. 24 ... 1 ~ 6-1-18. COMMISSION HEARING OF APPEAL. Whenever an appeal is heard by the Commission, 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 shall render a decision on the appeal within 14 days of the hearing. 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. A failure by the Commission to render a decision within said fourteen (14) days shall constitute a reversal, upon which a permit shall be issued. ~ 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. The 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 permit issued under this Chapter, where Augusta determines, upon sufficient cause, that: 25 I l ~ ( (1) The Business Tax Certificate Holder, or its agents, officers, servants or employees, maintains or continues to maintain a nuisance on the licensed premises. (2) The licensed premIses are unsanitary as certified by the Richmond County Health Department. (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 a permit for more than fifteen (15) days or revoke a permit, Augusta shall furnish the permittee 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 oftime of suspension. (1) Augusta shall, within ten (10) 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) Augusta 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. (c) The permit shall be suspended if more than three violations of this Chapter have been committed during any ninety-day period by the permittee, or any officer, employee, agent, servant, or independent contractor of the permittee, 26 ... 1. 1 f t _., . . . if each violation was done within such officers', employees', agents' or servants' scope of employment and authority of owner or permittee. (d) 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. (e) 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. ~ 6-1-21. UNLAWFUL 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 27 t ' "" -ll -' .. supplies on the permitted premIses to meet this requirement, and adequate ventilation and illumination shall be provided to permit thorough, complete 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 Court, when the Director of the License and Inspection Department finds 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 and petitions the Court for said order. The License and Inspection Department shall affix to the sealed premises a conspicuous sign labeled Unclean or Unsafe as the case may be. 28 l . . ~ .' , , " . l' ~ 6-1-25. ABATEMENT AS SANITARY NUISANCE. A permitted 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 authorize, license or permit the display or sale of any other obscene material prohibited by law or the ordinances of Augusta, the State of Georgia, or the United States. ~ 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. Should 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 29 .. - ,., .) ~ I 1 ~ . " 4 . . ' '.. . . ,. hereby declared as the intent of this Ordinance would have been adopted had such invalid portion not been included herein. Duly adopted by the Augusta-Richmond County Commission this JL day of ~/Z.<I ,2003. First Reading: ~pril 1, 2003 Second Reading: Waive 2nd Reading 17 Published in the Augusta Chronicle April ~, 2003 30