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2152ORDINANCE NO. 2152 AN ORDINANCE ESTABLISHING LICENSING REGULATIONS FOR ADULT ENTERTAINMENT ESTABLISHMENTS WITHIN THE CITY OF WEST MEMPHIS AND FOR OTHER PURPOSES. WHEREAS, the City of West Memphis, Arkansas, (the "City") has reviewed and analyzed numerous studies, reports, articles, judicial decisions, and the experience and legislative findings of other counties and municipalities in the Memphis metropolitan region and around the country concerning the impacts, or "secondary effects," of sexually oriented businesses and the ~,: sale, distribution, and display of sexually oriented materials (collectively, "Sexually Oriented Business Activities") on the areas in which such Activities are located or take place; and WHEREAS, Sexually Oriented Business Activities can cause or contribute significantly to increases in criminal activity in the areas in which they are located or take place, thereby taxing crime prevention, law enforcement, and public health services; and WHEREAS, nude dancing and other similar conduct provided by Sexually Oriented Business Activities encourages prostitution, increases the frequency of sexual assaults, attracts and encourages other related criminal activity, increases the public health and safety risks associated with Sexually Oriented Business Activities, and otherwise causes or contributes significantly to the adverse impacts and secondary effects of Sexually Oriented Business Activities on the areas in which such Activities are located and take place; and WHEREAS, Sexually Oriented Business Activities can cause or contribute significantly to the deterioration of residential neighborhoods, can impair the character and quality of such neighborhoods and the housing located therein, and can inhibit the proper maintenance and growth of such neighborhoods, limiting or reducing the availability of quality, affordable housing for area residents and reducing the value of property in such areas; and WHEREAS, Sexually Oriented Business Activities can undermine the stability of other established business and commercial uses in the areas in which Sexually Oriented Business Activities are located or take place and can cause or contribute significantly to the deterioration of such other business and commercial uses, thereby causing or contributing to a decline in such uses, an inhibition on business and commercial growth, and a resulting adverse impact on local governmental revenues and property values; and WHEREAS, Sexually Oriented Business Activities can have a dehumanizing and distracting influence on young people and students attending schools, can diminish or destroy the enjoyment and family atmosphere of persons using parks, playgrounds, walking trails, and other public recreational areas, can interfere with or even destroy the spiritual experience of persons attending church, synagogue, or other places of worship, and can interfere with or even destroy the opportunity for solemn and respectful contemplation at cemeteries and similar facilities; and WHEREAS, the presence of Sexually Oriented Business Activities is perceived by the public generally and by neighboring business owners and residents as an indication that the area in which such Activities occur or take place is in decline and deteriorating, a perception that can quickly lead to such decline and deterioration, prompting businesses and residents to flee the affected area to avoid the consequences of such decline and deterioration; and WHEREAS, the exterior appearance, including signage, of Sexually Oriented Business Activities can have an adverse impact on young people and students, can contribute to the decline in property values associated with Sexually Oriented Business Activities, and can otherwise cause or contribute significantly to the adverse impacts and secondary effects of Sexually Oriented Business Activities on the areas in which such activities are located or take place; and WHEREAS, the conduct of Sexually Oriented Business Activities, including specifically, but without limitation, adult cabarets that provide nude dancing and other similar conduct and the operation and use of adult booths, often encourages or allows sexual activities and prostitution, among other things, that place employees and patrons of such businesses at risk to exposure and contraction of sexually transmitted diseases, including specifically, but without limitation, the HIV virus, Acquired Immune Deficiency Syndrome, and venereal diseases; and WHEREAS, the West Memphis City Council has determined that Sexually Oriented Business Activities will, unless properly regulated, have these and other severe adverse impacts and secondary effects on the City and its residents; and WHEREAS, for the reasons set forth above, among others, the West Memphis City Council has found and determined that it is essential to the health, safety, and general welfare of the City and its residents to adopt comprehensive licensing regulations relating to Sexually Oriented Business Activities, to the distribution and display of sexually oriented materials, and to the types and operations of sexually oriented businesses that may locate in the City; and WHEREAS, the West Memphis City Council has further found and determined that the regulations established pursuant to this Ordinance, including specifically, but without limitation, the prohibition on nude dancing, the prohibition on sexual contact between patrons and employees, and the prohibition on "straddle dances," are necessary to address, mitigate, and, if possible, eliminate the occurrence of prostitution, sexual assaults, and other related criminal activity and public health and safety risks related to or caused by Sexually Oriented Business Activities; and WHEREAS, the West Memphis City Council has further found and determined that the establishment of the regulations provided in this Ordinance on the operation, maintenance, and structural aspects of Sexually Oriented Business Activities is necessary to minimize to the greatest extent possible, or to eliminate altogether, the public health and safety risks that customarily, but unnecessarily, exist in connection with such Activities; and WHEREAS, the West Memphis City Council has further found and determined that the 2 adult establishment age limitations and employee licensing requirements of this Ordinance are necessary to address, mitigate, and, if possible, eliminate the adverse impacts and secondary effects of Sexually Oriented Business Activities on the areas in which such Activities are located or take place and on the persons who are exposed to those Activities, to ensure that these Activities are established, managed, and operated in a safe and legal manner at all times, and to ensure that the unnecessary public health risks associated with Sexually Oriented Business Activities are minimized to the greatest extent possible, or eliminated altogether; and WHEREAS, the West Memphis City Council has further found and determined that the limitations on the hours of operation of Sexually Oriented Business Activities set forth in this Ordinance are necessary to protect and secure neighboring uses, to control adverse noise and traffic impacts associated with Sexually Oriented Business Activities, to enhance enforcement and implementation of the regulations set forth herein, and to otherwise address, mitigate and, if possible, eliminate the adverse impacts and secondary effects of Sexually Oriented Business Activities; and WHEREAS, the West Memphis City Council has further found and determined that the disclosure and background information requirements set forth in this Ordinance relating to the owners, operators, managers, employees, and others in a position of control over Sexually Oriented Business Activities are necessary in order for the City to implement and enforce the terms and conditions of this Ordinance, to aid in the prevention of crime related to Sexually Oriented Business Activities, to minimize to the greatest extent possible, or eliminate altogether, the public health risks associated with Sexually Oriented Business Activities, and to otherwise carry out the purposes and objectives of the regulations established herein; and WHEREAS, the regulations established pursuant to this Ordinance are in no way based on the content of protected speech, if any, associated with Sexually Oriented Business Activities, and the purpose and intent of the regulations established pursuant to this Ordinance is not to restrict or prohibit protected speech, if any, associated with Sexually Oriented Business Activities, but rather to address, mitigate, and, if possible, eliminate the adverse impacts and secondary effects of Sexually Oriented Business Activities on the areas in which such Activities are located or take place and to ensure that these Activities are established, managed, and operated in a safe and legal manner at all times; and WHEREAS, the City has for many years engaged in rigorous, firm, and effective policies and regulations relating to uses and activities that could have adverse impacts on the continued stability and vitality of the residential and business areas of the City, and the regulations imposed by this Ordinance are a continuation of and consistent with those long-standing policies and regulations; and WHEREAS, the City has the power and authority to adopt and enforce the terms, conditions, and regulations established in this Ordinance pursuant to (i) its general police powers to protect the public health, safety, morals, and general public welfare; (ii) the provisions of 3 A.C.A. § 14-54-103; and (iii) all other applicable provisions of law; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are incorporated herein as the findings and determinations of the West Memphis City Council. SECTION 2. Short Title. This Ordinance shall be known as, and may be referred to as, the West Memphis Adult Use Ordinance. SECTION 3. Definitions. For the purposes of this Ordinance, the following terms, phrases, and words shall have the meanings given herein. A. Adult Booth. Any area of an Adult Entertainment Establishment set off from the remainder of such Establishment by one or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any Adult Materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas or the conduct or simulation of Specified Sexual Activities. B. Adult Entertainment Establishment. Any of the following Commercial Establishments, as defined herein: 1. Adult Cabaret. Any Commercial Establishment that as a substantial or significant portion of its business features or provides any of the following: (a) Persons who appear Semi-Nude. (b) Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas or the conduct or simulation of Specified Sexual Activities. (c) Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind 4 that are distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas or the conduct or simulation of Specified Sexual Activities. 2. Adult Store. Any Commercial Establishment (a) that contains one or more Adult Booths; (b) that as a substantial or significant portion of its business offers for sale, rental. or viewing any Adult Materials; or (c) that has a segment or section devoted to the sale or display of Adult Materials. 3. Adult Theater. Any Commercial Establishment that as a substantial or significant portion of its business features (i) films, motion pictures, video or audio cassettes, slides, or other visual representations or recordings that are distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas or the conduct or simulation of Specified Sexual Activities; (ii) live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas or the conduct or simulation of Specified Sexual Activities. C. Adult Establishment Employee. Any individual, including entertainers, who work in or at, or render any services directly related to the operation of, an Adult Entertainment Establishment; provided, however, that this definition shall not include persons delivering goods, materials (other than Adult Materials), food and beverages, or performing maintenance or repairs, to the Licensed Premises. D. Adult Establishment License. A license issued for an Adult Entertainment Establishment pursuant to the provisions of this Ordinance. E. Adult Establishment Patron. Any individual, other than an Adult Establishment Employee, present in or at any Adult Entertainment Establishment at any time when such Adult Entertainment Establishment is open for business; provided, however, that this definition shall not include persons delivering goods, materials (other than Adult Materials), food and beverages, or performing maintenance or repairs, to the Licensed Premises. F. Adult Material. Any of the following, whether new or used: 1. (a) Books, magazines, periodicals, or other printed matter, or digitally- stored materials; or (b) films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind, 5 that are distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas, or the conduct or simulation of Specified Sexual Activities. 2. Instruments, novelties, devices, or paraphernalia that are designed for use in connection with Specified Sexual Activities, or that depict or describe Specified Anatomical Areas. G. Ci Zoning Ordinance. The ordinance known and referred to as the Zoning Ordinance of the City of West Memphis, Arkansas. H. Commercial Establishment. Any place where admission, services, performances, or products are provided for or upon payment of any form of consideration. I. Davis. Calendar days, unless otherwise specifically set forth in this Ordinance. Licensed Premises. The place or location described in an Adult Establishment License where an Adult Entertainment Establishment is authorized to operate. No sidewalks, streets, parking areas, public rights-of--way, or grounds adjacent to any such place or location shall be included within the Licensed Premises. K. Licensee. Any Person or entity that has been issued an Adult Establishment License pursuant to the provisions of this Ordinance. L. Nude or State of Nudity. A state of dress or undress that exposes to view (1) less than completely and opaquely covered human genitals; pubic region; anus; or female breast below a point immediately above the top of the areolae, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areolae is not exposed; or (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state. M. Reviewing Departments. The West Memphis Police Department, the West Memphis Planning and Development Department, and the West Memphis Code Enforcement Office. N. Semi-Nude. A state of dress or undress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices or by other minor accessory apparel such as hats, gloves, and socks. 6 O. ~ecified Anatomical Areas. Any of the following: Less than completely and opaquely covered human genitals; pubic region; buttocks; anus; or female breast below a point immediately above the top of the areolae, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areolae is not exposed. 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or by any device or covering that, when worn, simulates human male genitals in a discernibly turgid state. P. Specified Criminal Act. Any unlawful lewd, indecent, or immoral conduct, including specifically, but without limitation, any of the lewd, indecent, or immoral criminal acts specified in any of the following statutes: Title 5, Chapter 14, of the Arkansas Code Annotated (Sexual Offenses); 2. Title 5, Chapter 27, of the Arkansas Code Annotated (Offenses Against Children or Incompetents); 3. Title 5, Chapter 64, of the Arkansas Code Annotated (Controlled Substances); 4. Title 5, Chapter 68, of the Arkansas Code Annotated (Obscenity); 5. Title 5, Chapter 70, of the Arkansas Code Annotated (Prostitution). Q. Specified Sexual Activities. Any of the following: 1. Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts. 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy. 3. Masturbation, actual or simulated. 4. Human genitals in a state of sexual stimulation, arousal or tumescence. 5. Excretory functions as part of or in connection with any of the activities set forth in paragraphs 1, 2, 3, or 4 of this definition. 7 R. Straddle Dance. The use by any person, including specifically, but without limitation, an Adult Establishment Employee, of any part of his or her body to touch the genitals, pubic region, buttock, anus, or female breast of any Adult Establishment Patron or any other person, or the touching of the genitals, pubic region, buttock, anus, or female breast of any person by any Adult Establishment Patron. Conduct shall be a "Straddle Dance" regardless of whether the "touch" or "touching" occurs while the person is displaying or exposing any Specified Anatomical Area. Conduct shall also be a "Straddle Dance" regardless of whether the "touch" or "touching" is direct or through a medium. Conduct commonly referred to by the slang terms "lap dance," "table dance," and "face dance" shall be included within this definition of Straddle Dance. SECTION 4. Adult Establishment Licenses Generally. A. Adult Establishment License Required. An Adult Establishment License shall be required to establish, operate, or maintain an Adult Entertainment Establishment within the City of West Memphis, Arkansas. B. Operation Without License Prohibited. Except as provided in Subsection F of this Section with regard to Adult Entertainment Establishments existing prior to the effective date of this Ordinance, it shall be unlawful for any person not having a current and valid Adult Establishment License to establish, operate, or maintain an Adult Entertainment Establishment within the City of West Memphis, Arkansas, at any time after the effective date of this Ordinance. C. Operation in Violation of License Prohibited. It shall be unlawful for any Licensee to establish, operate, or maintain an Adult Entertainment Establishment within the City of West Memphis, Arkansas, except in the manner authorized by, and in compliance with, the provisions of this Ordinance and the Licensee's Adult ` Establishment License. D. Content and Displa~of License. Every Adult Establishment License shall be provided by the City and shall, at a minimum, prominently state on its face the name of the Licensee, the expiration date, and the address of the Adult Entertainment Establishment. Every Licensee shall cause the Licensee's Adult Establishment License to be framed, covered by glass, and hung at all times in plain view in a conspicuous place on the Licensed Premises so that it can be easily seen and read at any time by any person entering the Licensed Premises. E. License Term. Except as hereinafter provided, Adult Establishment Licenses shall be operative and valid, unless first terminated, suspended, or revoked, for a term of one year commencing on January 1 of the year following the year of 8 issuance and terminating on December 31 of that same year. Adult Establishment Licenses issued after January 1 of any year for operations to commence in that year shall be operative and valid, unless first terminated, suspended, or revoked, for a term commencing on the date of issuance and terminating on December 31 of that same year. F. Existing Establishments. An Adult Entertainment Establishment existing prior to the effective date of this Ordinance (i) shall submit an application for an Adult Establishment License no later than February 18, 2007; (ii) shall cease operations on April 18, 2007, unless it has secured, by that date, an Adult Establishment License pursuant to this Ordinance; and (iii) shall be subject to all other provisions of this Ordinance as of February 18, 2007. G. Renewal. An Adult Establishment License maybe renewed only by making application as required for an initial License pursuant to Section 5 of this Ordinance. Application for renewal shall be made at least thirty (30) days before the expiration of the then-current License term. The expiration of the License shall not be affected or extended by a renewal application that is made less than thirty (30) days before expiration. SECTION 5. Form and Submittal of License Application. A. Required Form. An application for an Adult Establishment License, or the renewal thereof, shall be made in writing to the Director of the City of West Memphis Planning and Development Department on a form prescribed by the City and shall be signed (i) by the applicant, if the applicant is an individual; (ii) by at least one of the persons entitled to share in the profits of the organization and having unlimited personal liability for the obligations of the organization and the right to bind all other such persons, if the applicant is a partnership (general or limited), joint venture, or any other type of organization where two or more persons share in the profits and liabilities of the organization; (iii) by a duly authorized agent, if the applicant is a corporation; or (iv) by the trustee, if the applicant is a land trust. The application shall be verified by oath or affidavit as to all statements made on or in connection with the application and any attachments thereto. Each application shall specifically identify the applicant and the Licensed Premises for which an Adult Establishment License is sought. Each initial or renewal application shall be accompanied by seven (7) identical copies. B. Administrative Processing Fee and Securitv. 1. Administrative Processing Fee. Every applicant for an Adult Establishment License or for the renewal of an existing Adult Establishment License shall pay an Administrative Processing Fee in the 9 amount of $200.00 by certified check to the City at the time of filing such application. The Administrative Processing Fee shall in all cases be non-refundable and shall be deposited in the general fund of the City. 2. Bond or Other Security. Each Adult Establishment License, and any renewals thereof, shall be conditioned on the acquisition and maintenance in good standing by the applicant and Licensee of a surety bond or other similar security in favor of the City in the amount of -~ $5,000.00 to the City. Before an Adult Establishment License maybe issued, the applicant shall furnish such bond or security, and before an Adult Establishment License is renewed or reinstated following revocation or suspension, the Licensee shall submit evidence that the bond or other security, in the amount required pursuant hereto, remains in full force and effect. The bond or other security, or part thereof, for an Adult Entertainment Establishment shall be forfeited automatically pursuant to Section 16 of this Ordinance in order to reimburse the City for the City's costs in association with the proceedings related to any suspension or revocation of the License. C. Required Information and Documents. Each application shall include the following information and documents: (a) Individuals: The applicant's legal name, all of the applicant's aliases, the applicant's business address and social security number, written proof of the applicant's age, the citizenship and place of birth of the applicant and, if a naturalized citizen, the time and place of the applicant's naturalization. (b) Corporations: The applicant corporation's complete name and official business address; the legal name, all aliases and the ages, business addresses, and social security numbers of all of the directors, officers, and managers of the corporation and of every person owning or controlling more than fifty (50) percent of the voting shares of the corporation; the corporation's date and place of incorporation and the objects for which for which it was formed; proof that the corporation is a corporation in good standing and authorized to conduct business in the State of Arkansas; and the name of the registered corporate agent and the address of the registered office for service of process. (c) Partnerships (general or limited), joint ventures, or any other type of organization where two or more persons share in the profits and liabilities of the organization: The applicant organization's 10 ri complete name and official business address; the legal name, all aliases, and the ages, business addresses, and social security numbers of each partner (other than limited partners) or any other person entitled to share in the profits of the organization, whether or not any such person is also obligated to share in the liabilities of the organization. L (d) Land trusts: The applicant land trust's complete name; the legal name, all aliases, and the business address of the trustee of the land trust; the legal name, all aliases, and the ages, business addresses, and social security numbers of each beneficiary of the land trust and the interest, if any, that the land trust holds in the Licensed Premises. 2. If a corporation or partnership is an interest holder that must be disclosed pursuant to Subparagraph S.C.1(b) or S.C.1(c) above, then such interest holders shall disclose the information required in said Subparagraphs with respect to their interest holders. 3. The general character and nature of the business of the applicant. 4. The length of time that the applicant has been in the business of the character specified in response to Paragraph 3 above. 5. The location, including street address and legal description, and telephone number, of the premises for which the Adult Establishment License is sought. 6. The specific name of the business that is to be operated under the Adult Establishment License. 7. The identity of each fee simple owner of the Licensed Premises. 8. A diagram showing the internal and external configuration of the Licensed Premises, including all doors, windows, entrances, exits, the fixed structural internal features of the Licensed Premises, plus the interior rooms, walls, partitions, stages, performance areas, and restrooms. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; provided, however, that each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or within dimensions to an accuracy of plus or minus six inches and sufficient to show clearly the various interior dimensions of all areas of 11 L the Licensed Premises and to demonstrate compliance with the provisions of this Ordinance. The requirements of this Paragraph shall not apply for renewal applications if the applicant adopts a diagram that was previously submitted for the License sought to be renewed and if the Licensee certifies that the Licensed Premises has not been altered since the immediately preceding issuance of the License and that the previous diagram continues to accurately depict the exterior and interior layouts of the Licensed Premises. The approval or use of the diagram required pursuant to this Paragraph shall not be deemed to be, and shall not be interpreted or construed to constitute, any other City approval otherwise required pursuant to applicable City ordinances and regulations. 9. The names of each governmental body from which, within five (5) years immediately prior to the date of the present application, the applicant, or any of the individuals identified in the application pursuant to Paragraphs 1 or 2 of this Subsection, has received a license or other authorization to conduct or operate a business (a) substantially the same as an Adult Entertainment Establishment, and the names and addresses of each such business; (b) requiring a federal, state, or local liquor license; or (c) requiring a federal, state, or local gaming license. 10. The specific type or types of Adult Entertainment Establishment(s) that the applicant proposes to operate in the Licensed Premises. 11. A copy of each Adult Establishment License, liquor license, and gaming license currently held by the applicant, or any of the individuals identified in the application pursuant to Paragraphs 1 or 2 of this Subsection. 12. Whether the applicant, or any of the individuals identified in the application pursuant to Paragraphs 1 or 2 of this Subsection, has been, within five (5) years immediately preceding the date of the application, convicted of, or pleaded polo contendere to, any Specified Criminal Act. As to each conviction, the applicant or other individual shall provide the conviction date, the case number, the nature of the misdemeanor or felony violation(s) or offense(s), and the name and location of the court. 13. Whether the applicant, or any of the individuals identified in the application pursuant to Paragraphs 1 or 2 of this Subsection, has had a license or other authorization to conduct or operate a business substantially the same as an Adult Entertainment Establishment or any business requiring either a liquor or gaming license, revoked or suspended, and, if so, the date and grounds for each such revocation or 12 suspension, and the name and location of the establishment at issue. 14. The name of the individual or individuals who shall be the day-to-day, on-site managers of the proposed Adult Entertainment Establishment. If the manager is other than the applicant, the applicant shall provide, for each manager, all of the information required pursuant to Subparagraph 1(a) and Paragraphs 9, 11, 12, and 13 of this Subsection. 15. For the individual or individuals executing the application pursuant to Subsection S.A of this Ordinance, and the individual or individuals identified pursuant to Paragraph S.C.14 of this Ordinance, a fully executed waiver on a form prescribed by the City to obtain criminal conviction information pursuant to A.C.A. § 12-12-1009. D. Incomplete Applications Returned. Any application for an Adult Establishment License that does not include all of the information and documents required pursuant to Subsection C of this Section as well as the Administrative Processing Fee and bond or other security required pursuant to Subsection B of this Section, shall be deemed to be incomplete and shall not be acted on or processed by the City. The Director of the Planning and Development Department shall, within five (5) days of such submittal, return the incomplete application to the applicant along with a written explanation of the reasons why the application is incomplete. SECTION 6. Processing of License Application. A. Reviewing Departments. Within three (3) days after receipt of a complete application for an Adult Establishment License that includes all of the information and documents required pursuant to Subsection S.C of this Ordinance as well as the Administrative processing Fee and bond or other security required pursuant to Subsection S.B of this Ordinance, the Director of the Planning and Development Department shall transmit a copy of the application to the Reviewing Departments. B. Reviewing_De~artment Reports. Each of the Reviewing Departments shall, within 25 days after transmittal of the application thereto, (i) review the application; (ii) conduct such inspections of the proposed Licensed Premises and background investigations of the applicant and any of the individuals identified in the application pursuant to Paragraphs S.C.1, S.C.2, or S.C.14 of this Ordinance, regarding matters within their respective jurisdictions, as shall be reasonably necessary to verify the information set forth in the application and to determine whether the proposed Adult Entertainment Establishment and Licensed Premises comply with the requirements of this Ordinance and other applicable laws, codes, ordinances, rules, and regulations; and (iii) prepare and submit to the Director of 13 the Planning and Development Department a written report regarding the results and findings of such reviews, inspections, and investigations. C. Director of Planning and Development Review. The Director of the Planning and Development Department shall also conduct such inspections and investigations as the Director shall deem reasonably necessary to verify the information set forth in the application and to determine whether the proposed Adult Entertainment Establishment and Licensed Premises comply with the requirements of this Ordinance and other applicable laws, codes, ordinances, rules, and regulations. D. Reliance on Diagrram. In the event that the Licensed Premises has not yet been constructed or reconstructed to accommodate the proposed Adult Entertainment Establishment, the Director of the Planning and Development Department and the Reviewing Departments shall base their respective written reports, investigations, and inspections to the extent necessary, on the diagram submitted pursuant to Paragraph S.C.8 of this Ordinance. Any Adult Establishment License issued prior to the construction or reconstruction necessary to accommodate the proposed Adult Entertainment Establishment shall contain a condition that the Adult Entertainment Establishment shall not open for business until the Licensed Premises has been inspected and determined to be in substantial compliance with the diagram submitted with the application. E. Applicant Cooperation Required. An applicant for an Adult Establishment License shall cooperate fully in the inspections and investigations conducted by the Director of the Planning and Development Department and the Reviewing Departments. The applicant's failure or refusal (i) to give any information reasonably relevant to the investigation of the application; (ii) to allow the Licensed Premises to be inspected; (iii) to appear at any reasonable time and place for examination under oath regarding the application; or (iv) to otherwise cooperate with the investigation and inspection required by this Ordinance, shall constitute an admission by the applicant that the applicant is ineligible for an Adult Establishment License and shall be grounds for denial of the License by the Director of the Planning and Development Department. F. Time for Issuance or Denial. The Director of the Planning and Development Department shall, within thirty (30) days after submittal of a properly completed application, either issue an Adult Establishment License pursuant to the provisions of Subsection 7.A of this Ordinance or deny issuance of the Adult Establishment License pursuant to the provisions of Subsection 7.B of this Ordinance. The Director of the Planning and Development Department shall issue or deny the License within said thirty (30) day period regardless of whether or not the Director of the Planning and Development Department has received all of the Reviewing Department reports. 14 G. Decision Final. The action taken by the Director of the Planning and Development Department to issue an Adult Establishment License pursuant to Subsection 7.A of this Ordinance or to deny issuance of and Adult Establishment License pursuant to Subsection 7.B of this Ordinance shall be final and shall be subject to judicial review. SECTION 7. Standards for Issuance or Denial of License. A. Issuance. The Director of the Planning and Development Department shall issue an Adult Establishment License to an applicant if, but only if, the Director of the Planning and Development Department finds and determines all of the following, based on the reports, investigations, and inspections conducted by the Director of the Planning and Development Department and the Reviewing Departments and on any other credible information on which it is reasonable for the Director of the Planning and Development Department to rely: 1. All information and documents required by Section 5 of this Ordinance for issuance of an Adult Establishment License have been properly provided and the material statements made in the application are true and correct. 2. For Adult Stores and Adult Theaters, all persons identified in the application pursuant to Paragraphs S.C.1, S.C.2, or S.C.14 of this Ordinance are at least eighteen (18) years of age and not under any legal disability. For Adult Cabarets, all persons identified in the application pursuant to Paragraphs S.C.1, S.C.2, or S.C.14 of this Ordinance are at least twenty-one (21) years of age and not under any legal disability. 3. No person identified in the application pursuant to Paragraphs S.C.1, S.C.2, or S.C.14 of this Ordinance has been convicted of, or pleaded nolo contendere to, any Specified Criminal Act within five (5) years immediately preceding the date of the application. 4. No person identified in the application pursuant to Paragraphs S.C.1, S.C.2, or S.C.14 of this Ordinance has been convicted of, or pleaded polo contendere to, any violation of a provision of this Ordinance within five (5) years immediately preceding the date of the application. 5. No person identified in the application pursuant to Paragraphs S.C.1, S.C.2, or S.C.14 of this Ordinance is overdue on payment to the City of taxes, fees, fines, or penalties assessed against, or imposed on, any such individual in connection to any Adult Entertainment Establishment. 15 6. No person identified in the application pursuant to Paragraphs S.C.1, S.C.2, or S.C.14 of this Ordinance is residing with, or married to, a person (i) who has been denied an Adult Establishment License within twelve (12) months immediately preceding the date of the application, (ii) whose Adult Establishment License has been revoked within twelve (12) months immediately preceding the date of the application, or (iii) whose Adult Establishment License is under suspension at the time of application. 7. The Adult Entertainment Establishment and the Licensed Premises, and the proposed operation of the Adult Entertainment Establishment, comply with all then-applicable building, health, and life safety codes and regulations and have received all necessary zoning approvals required pursuant to the then-applicable provisions of the City Zoning Ordinance, including specifically, but without limitation, the zoning certificate required for the Adult Entertainment Establishment. 8. The applicant has confirmed in writing and under oath as part of the application that the applicant has read this Ordinance and all provisions of the City Zoning Ordinance applicable to Adult Entertainment Establishments, that the applicant is familiar with their terms and conditions, and that the Licensed Premises and the proposed Adult Entertainment Establishment and its proposed operation are and shall be in compliance therewith. B. Denial. If the Director of the Planning and Development Department determines that the applicant has not met any one or more of the conditions set forth in Subsection A of this Section, then the Director of the Planning and Development Department shall deny issuance of the Adult Establishment License and shall give the applicant a written notification and explanation of such denial. The Director's notice of denial shall be delivered in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the applicant's address as set forth in the application. The Adult Establishment License shall be deemed denied on the day that the notice of denial is delivered in person or three days after it is placed in the U.S. mail as provided in this Subsection. C. License Deemed To Be Issued. If the Director of the Planning and Development Department does not issue or deny the Adult Establishment License within thirty (30) days after the properly completed application is submitted, then the Adult Establishment License applied for shall be deemed to have been issued. SECTION 8. Inspections by the Citv. 16 A. Authority. The Director of the Planning and Development Department and other City representatives and departments with jurisdiction shall periodically inspect all Adult Entertainment Establishments as shall be necessary to determine compliance with the provisions of this Ordinance and all other applicable law. B. Licensee Cooperation. A Licensee shall permit representatives of the City to inspect the Licensed Premises and the Adult Entertainment Establishment for the purpose of determining compliance with the provisions of this Ordinance and all other applicable law at any time during which the Licensed Premises is occupied or the Adult Entertainment Establishment is open for business. C. Interference or Refusal Illegal. It shall be unlawful for the License, any Adult Establishment Employee, or any other person to prohibit, interfere with, or refuse to allow, any lawful inspection conducted by the City pursuant to this Ordinance or any other authority. D. Suspension or Revocation. Any such prohibition, interference, or refusal shall be grounds for suspension or revocation of the Adult Establishment License pursuant to Section 16 of this Ordinance. SECTION 9. Change of Information. During the pendency of any application for, or during the term of, any Adult Establishment License, the applicant or Licensee shall promptly notify the Director of the Planning and Development Department in writing (i) of any change in any material information given by the applicant or Licensee in the application for such License, including specifically, but without limitation, any change in managers of the Adult Entertainment Establishment or in the individuals identified in the application pursuant to Paragraphs S.C.1 or S.C.2 of this Ordinance; or (ii) if any of the events specified in Subsection 16.A of this. Ordinance occur. SECTION 10. Regulations Applicable To All Adult Entertainment Establishments. A. General Compliance. All Licensed Premises and Adult Entertainment Establishments shall comply with the provisions of this Ordinance; all other applicable City ordinances, resolutions, rules, and regulations; and all other applicable federal, state, and local laws. B. Hours of Operation. No Adult Entertainment Establishment shall be open for business at any time between the hours of 12:00 a.m. and 12:00 noon on any weekday or Saturday. No Adult Entertainment Establishment shall be open for business at any time on any Sunday or on any legal State of Arkansas or federal holiday. 17 C. Animals. No animals, except only for seeing-eye dogs required to assist the blind, shall be permitted at any time at or in any Adult Entertainment Establishment or Licensed Premises. D. Restrooms. All restrooms in Adult Entertainment Establishments shall be equipped with standard toilets, sinks, and other traditional lavatory facilities. No Adult Materials or live performances shall be provided or allowed at any time in the restrooms of an Adult Entertainment Establishment. Separate male and female restrooms shall be provided for and used by Adult Establishment Employees and Adult Establishment Patrons. E. Restricted Access. No Adult Establishment Patron shall be permitted at any time to enter into any of the non-public portions of any Adult Entertainment Establishment, including specifically, but without limitation, any storage areas or dressing or other rooms provided for the benefit of Adult Establishment Employees. This subsection shall not apply to persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the Licensed Premises; provided, however, that any such persons shall remain in such non-public areas only for the purposes and to the extent and time necessary to perform their job duties. F. Specific Prohibited Acts. 1. No Adult Establishment Employee or any other person at any Adult Entertainment Establishment shall appear, be present, or perform while Nude. 2. No Adult Establishment Employee or any other person at any Adult Entertainment Establishment shall perform or conduct any Specified Sexual Activity with or for any Adult Establishment Patron or any other Adult Establishment Employee or any other person. No Adult Establishment Patron or any other person at any Adult Entertainment Establishment shall perform or conduct any Specified Sexual Activity with or for any Adult Establishment Employee or any other Adult Establishment Patron or any other person. 3. Straddle Dances shall be prohibited at all Adult Entertainment Establishments. G. Exterior Display. No Adult Entertainment Establishment shall be maintained or operated in any manner that causes, creates, or allows public viewing of any Adult Material, or any entertainment depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas, from any sidewalk, public or 18 private right-of--way, or any property other than the lot on which the Licensed Premises is located. No portion of the exterior of an Adult Entertainment Establishment shall utilize or contain any flashing lights, search lights, or spotlights, or any other similar lighting systems, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent specifically allowed pursuant to Subsection H of this Section with regard to signs. This Subsection shall apply to any advertisement, display, promotional material, decoration, or sign; to any performance or show; and to any window, door, or other opening. H. Reserved. I. Noise. No loudspeakers or sound equipment audible beyond the Licensed Premises shall be used at any time. J. Gambling and Related Devices Prohibited. No Adult Entertainment Establishment shall contain any video, pinball, slot, bagatelle. pigeon-hole, pool, or any other games, machines, tables, or implements. K. Manaser's Station. Each Adult Entertainment Establishment shall have one or more manager's stations. The interior of each Adult Entertainment Establishment shall be configured in such a manner that there is a direct and substantially unobstructed view from at least one manager's station to every part of each area, except restrooms, of the Establishment to which any Adult Establishment Patron is permitted access for any purpose. L. Alcohol Prohibition. No alcoholic liquor of any kind shall be sold, used, consumed, or possessed at any time on any Licensed Premises or at any Adult Entertainment Establishment. SECTION 11. Saecial Resulations For Adult Booths. A. Prohibited Except in Adult Stores. Adult Booths shall be prohibited in all Adult Entertainment Establishments except Adult Stores. B. Occupancy and Prohibited Acts. Only one individual shall occupy an Adult Booth at any one time. No individual occupying an Adult Booth shall engage in any Specified Sexual Activities. No individual shall damage or deface any portion of an Adult Booth. C. Open Booth Requirement. In addition to satisfying the requirement of Subsection 10.K of this Ordinance, all Adult Stores containing Adult Booths shall be physically arranged in such a manner that the entire interior portion of each Adult 19 Booth shall be visible from the common area of the Adult Store. To satisfy this requirement, there shall be a permanently open and unobstructed entranceway for each Adult Booth and for the entranceway from the area of the Adult Store that provides other Adult Materials to the area of the Adult Store containing the Adult Booths. Each of these entranceways shall not be capable of being closed or obstructed, entirely or partially, by any door, curtain, partition, drapes, or any other obstruction whatsoever that would be capable of wholly or partially obscuring the area of the Adult Store containing the Adult Booths or any person situated in an Adult Booth. It shall be unlawful to install Adult Booths within an Adult Entertainment Establishment for the purpose of providing secluded viewing of Adult Materials or live performances. D. Aisle Required. There shall be one continuous lighted main aisle along side the Adult Booths provided in any Adult Store. Each person situated in a Booth shall be visible at all times from the aisle. E. Holes Prohibited. Except for the open Booth Entranceway, the walls and partitions of each Adult Booth shall be constructed and maintained of solid walls, or partitions without any holes or openings whatsoever. F. Sig_nage. A sign shall be posted in a conspicuous place at or near the entranceway to each Adult Booth that states (i) that only one person is allowed in an Adult Booth at any one time, (ii) that it is unlawful to engage in any Specified Sexual Activities while in an Adult Booth, and (iii) that it is unlawful to damage or deface any portion of an Adult Booth. G. Age Limitations. 1. No Adult Establishment Employee or Adult Establishment Patron at an Adult Booth or a Licensed Premises that includes an Adult Booth shall be under the age of eighteen (18). 2. No person under the age of eighteen (18) shall be admitted to any Adult Booth or any Licensed Premises that includes an Adult Booth. 3. No person under the age of eighteen (18) shall be allowed or permitted to remain at any Adult Booth or at any Licensed Premises that includes an Adult Booth. 4. No person under the age of eighteen (18) shall be allowed or permitted to purchase or receive, whether for consideration or not, any Adult Material or other goods or services at or from any Adult Booth or any Licensed Premises that includes an Adult Booth. 20 SECTION 12. Suecial Regulations For Adult Cabarets. A. Performance Area. The performance area of an Adult Cabaret shall be limited to one or more stages or platforms permanently anchored to the floor (a "Cabaret Stage"). Each Cabaret Stage shall be at least eighteen (18) inches in elevation above the level of the patron seating areas. each Cabaret Stage shall be separated by a distance of at least eight (8) feet from all areas of the premises to which Adult Entertainment Patrons have access. A continuous barrier at least three (3) feet in height and located at least eight (8) feet from all points of each Cabaret Stage shall separate each Cabaret Stage from all patron seating areas. The barrier shall consist of horizontal or vertical members spaced no more than nine (9) inches apart and nine (9) inches from the floor or the walls to which it is attached. B. Lim. Sufficient lighting shall be provided and equally distributed throughout the public areas of the Adult Cabaret so that all objects are plainly visible at all times. A minimum lighting level of not less than thirty (30) lux horizontal, measured at thirty (30) inches from the floor and on ten (10) foot centers shall be maintained at all times for all areas of the Adult Cabaret where Adult Establishment Patrons are admitted. C. Tipping. No tip or gratuity from any Adult Establishment Patron maybe offered or accepted for any performance by an Adult Establishment Employee on any Adult Cabaret Stage at any time prior to the completion of any such performance. No Adult Establishment Patron shall offer, and no Adult Establishment Employee having performed on any Cabaret Stage shall accept, any form of tip or gratuity offered directly to the Employee by the Adult Establishment Patron. Rather, following completion of a performance. all tips and gratuities to Adult Establishment Employees performing on any Cabaret Stage shall be placed into a receptacle provided for receipt of such tips and gratuities by the Adult Entertainment Establishment. D. Notice of Select Rules. A sign at least two (2) feet by two (2) feet, with letters at least one (1) inch high shall be conspicuously displayed on or adjacent to every Cabaret Stage stating the following: THIS ADULT CABARET IS REGULATED BY THE CITY OF WEST MEMPHIS, ARKANSAS. ENTERTAINERS ARE: NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT. 2. NOT PERMITTED TO APPEAR IN A STATE OF NUDITY. 21 3. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES FOR ANY PERFORMANCE UNTIL AFTER COMPLETION OF THE PERFORMANCE. 4. NOT PERMITTED TO ACCEPT ANY TIPS OR GRATUITIES DIRECTLY FROM PATRONS EVEN AFTER COMPLETION OF THE PERFORMANCE. ANY SUCH TIPS OR GRATUITIES MUST BE PLACED INTO THE RECEPTACLE PROVIDED BY MANAGEMENT. E. Aae Limitations. 1. No Adult Establishment Employee or Adult Establishment patron at an Adult Cabaret or a Licensed Premises used for an Adult Cabaret shall be under the age of twenty-one (21). 2. No person under the age of twenty-one (21) shall be admitted to any Adult Cabaret or to any Licensed Premises used for an Adult Cabaret. 3. No person under the age of twenty-one (21) shall be allowed or permitted to remain at any Adult Cabaret or any Licensed Premises used for an Adult Cabaret. 4. No person under the age of twenty-one (21) shall be allowed or permitted to purchase or receive, whether for consideration or not, any Adult Material or other goods or services at or from any Adult Cabaret or any Licensed Premises used for an Adult Cabaret. SECTION 13. Special Regulation For Adult Stores. A. Windows and Signns. Window areas for Adult Stores shall not be covered or obstructed in any way. No signs or other obstructions shall be placed in the windows. B. Aae Limitations. No Adult Establishment Employee or Adult Establishment Patron at an Adult Store or a Licensed Premises used for an Adult Store shall be under the age of eighteen (18). 2. No person under the age of eighteen (18) shall be admitted to any Adult Store or to any Licensed Premises used for an Adult Store. 22 3. No person under the age of eighteen (18) shall be allowed or permitted to remain at any Adult Store or any Licensed Premises used for an Adult Store. 4. No person under the age of eighteen (18) shall be allowed or permitted to purchase or receive, whether for consideration or not, any Adult Material or other goods or services at or from any Adult Store or any Licensed Premises used for an Adult Store. SECTION 14. ~ecial Regulations For Adult Theaters. A. Seatin .Each Adult Theater shall provide seating only in individual chairs with arms or in seats separated from each other by immovable arms and not on couches, benches, or any other multiple person seating structures. The number of seats shall equal the maximum number of persons who may occupy the Adult Theater. B. Aisle. Each Adult Theater shall have a continuous main aisle alongside the seating area in order that each person seated in the Adult Theater shall be visible from the aisle at all times. C. Ste. Each Adult Theater shall have a sign posted in a conspicuous place at or near each entranceway to the auditorium or similar area that lists the maximum number of persons who may occupy the auditorium area, which number shall not exceed the number of seats in the auditorium area. D. Age Limitations. No Adult Establishment Employee or Adult Establishment Patron at an Adult Theater or a Licensed Premises used for an Adult Theater shall be under the age of eighteen (18). 2. No person under the age of eighteen (18) shall be admitted to any Adult Theater or to any Licensed Premises used for an Adult Theater. 3. No person under the age of eighteen (18) shall be allowed or permitted to remain at any Adult Theater or any Licensed Premises used for an Adult Theater. 4. No person under the age of eighteen (18) shall be allowed or permitted to purchase or receive, whether for consideration or not, any Adult Material or other goods or services at or from any Adult Theater or any Licensed Premises used for an Adult Theater. 23 r SECTION 15. Licensee ResponsibilitXFor Employees. Every act or omission by an Adult Establishment Employee constituting a violation of the provisions of this Ordinance shall be deemed to be the act or omission of the Licensee if such act or omission occurs either with the authorization, knowledge, or approval of the Licensee, or as a result of the Licensee's negligent failure to supervise the Adult Establishment Employee. The Licensee shall be punishable for any such act or omission in the same manner as if the Licensee committed the act or caused the omission. Accordingly, any such act or omission of any such Employee constituting a violation of the provisions of this Ordinance shall be deemed, for purposes of determining whether the Licensee's Adult Establishment License shall be revoked, suspended, or renewed, to be the act or omission of the Licensee. SECTION 16. License Revocation or Suspension. A. Grounds. Pursuant to the procedures set forth in Subsection B of this Section, the Director of the Planning and Development Department may suspend for not more than thirty (30) days, or revoke, any Adult Establishment License if the Director of the Planning and Development Department, based on credible and reasonably reliable information and evidence, determines that any one or more of the following has occurred: The Licensee has violated any of the provisions or requirements of this Ordinance or the Adult Establishment License issued pursuant hereto, or the provisions of the City Zoning Ordinance applicable to the Licensed Premises or the Adult Entertainment Establishment. 2. The Licensee (i) knowingly or negligently furnished false or misleading information or withheld information on any application or other document submitted to the City for the issuance or renewal of any Adult Establishment License or (ii) knowingly or negligently caused or suffered any other person to furnish or withhold any such information on the Licensee's behalf. The Licensee has committed a felony or Specified Criminal Act on the Licensed Premises. 4. The Licensee authorizes, approves, or, as a result of the Licensee's negligent failure to supervise the Licensed Premises or the Adult Entertainment Establishment, allows, an Adult Establishment Employee, an Adult Establishment Patron, or any other person to (i) violate any of the provisions or requirements of this Ordinance or of the provisions or requirements of the Adult Establishment License issued pursuant hereto, 24 or (ii) commit any felony or Specified Criminal Act on the Licensed Premises. 5. The Licensee, or any person identified pursuant to Paragraphs S.C.1, S.C.2, or S.C.14 of this Ordinance becomes disqualified for the issuance of an Adult Establishment License at any time during the term of the License at issue. B. Procedure. An Adult Entertainment Establishment License maybe suspended for not more than thirty (30) days or revoked pursuant to the terms and conditions set forth in this Subsection B. 1. Notice. Upon determining that one or more of the grounds for suspension or revocation under Subsection A of this Section may exist, the Director of the Planning and Development Department shall serve a written notice on the Licensee in person or by certified mail, postage prepaid, return receipt requested, addressed to the Licensee's address as set forth in the Licensee's application. The written notice shall, at a minimum, (i) state that the Director of the Planning and Development Department has determined that the Adult Establishment License maybe subject to suspension or revocation pursuant to Subsection 16.A of this Ordinance; (ii) identify the specific grounds for the determination by the Director of the Planning and Development Department; and (iii) set a date for a hearing regarding the Director's determination as to the possibility of suspension or revocation of the Adult Establishment License. The date of the hearing shall be no less than five (5) days after service of the Director's notice, unless an earlier or later date is agreed to by the Licensee and the Director of the Planning and Development Department. 2. Hearing. The hearing shall be conducted by the Director of the Planning and Development Department, or, at the Director's direction, by the Planning Commission. At the hearing, the Licensee may present and submit evidence and witnesses to refute the grounds cited by the Director of the Planning and Development Department for suspending or revoking the License and the City and any other persons may submit evidence to sustain such grounds. The administrative record compiled on the Adult Entertainment Establishment pursuant to Section 17 of this Ordinance shall be made a part of the hearing record. Within three (3) days after the close of the hearing, the Director of the Planning and Development Department shall, having considered the record made at the hearing, render a decision in writing, setting forth the reasons for the decision. The action taken by the Director of the Planning and 25 Development Department shall be final and shall be subject to judicial review. Notice and Effective Date of Suspension or Revocation. The written decision of the Director of the Planning and Development Department shall be posted at the office of the Director and shall be served on the Licensee in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the Licensee's address as set forth in the Licensee's application. Any suspension or revocation, as the case may be, shall take effect on the day the Director's written decision is delivered in person or three (3) days after it is placed in the U.S. mail as provided in this paragraph. 4. Surrender of License and Security. Upon the suspension re revocation of an Adult Establishment License pursuant to this Ordinance, (i) the Director of the Planning and Development Department shall take custody of the suspended or revoked License; and (ii) such part or all of the bond or other security submitted for the Adult Entertainment Establishment pursuant to Paragraph S.B.2 of this Ordinance shall be forfeited as the Director shall deem necessary to reimburse the City for the costs associated with the proceedings related to the suspension or revocation at issue. Such bond or other security shall be replenished to equal the amount required pursuant to paragraph S.B.2 of this Ordinance prior to the issuance of any new Adult Establishment License for the Licensed Premises or for the reinstatement of any suspended License. SECTION 17. Administrative Record. The Director of the Planning and Development Department shall cause to be kept in the Planning and Development Department office an accurate record of every Adult Establishment License application received and acted on, together with all relevant information and material .~ pertaining to such application, any Adult Establishment License issued pursuant thereto, and any Adult Entertainment Establishment operated pursuant to such Adult Establishment License. SECTION 18. Employee Registration and Record Keeping by Licensee. A. Registration. The Licensee of every Adult Entertainment Establishment shall register each of the Licensee's Adult Establishment Employees with the Director of the Planning and Development Department by providing the following information to the Director no later than the business day immediately preceding the day of commencement of the Employee's employment at the Adult Entertainment Establishment: 26 1. Legal name. 2. Any and all aliases. 3. Current residential address and telephone number, and all residential addresses for the previous three (3) years. 4. Date of birth. 5. Gender, height, weight, hair and eye color. 6. Social security number. 7. Date of commencement of employment. 8. Specific job or employment duties. 9. Whether the Employee, within three (3) years immediately preceding the date of registration, has been convicted of any Specified Criminal Act. As to each such conviction, the Licensee shall provide the conviction date, the nature of the conviction, the case number, and the name and location of the court. 10. The names of each governmental body, including the City, from which, within three (3) years immediately preceding the date of registration, the Employee has received an Adult Establishment License, or any other official authorization to operate or to be employed at, an Adult Entertainment Establishment or a business substantially the same as an Adult Entertainment Establishment. For each such license or authorization, the Licensee shall provide the name and address of the business. 11. Whether the Employee has had any such license or authorization revoked or suspended, and, if so, the date and grounds for each such revocation or suspension, and the name and location of the establishment at issue. 12. A fingerprint card for each Employee. The above items are to be provided at the expense of the Licensee. All such Employee records shall be expunged after five (5) years after termination of employment. B. Employee Register. The Licensee of every Adult Entertainment Establishment shall maintain a register of all its Adult Establishment Employees. For each such Employee, the register shall include the following information: 1. Legal name. 2. Any and all aliases. 3. Current residential address and telephone number. 4. Date of birth. 5. Gender. 6. Social security number. 7. Date of commencement of employment. 27 8. Date of employment termination, if applicable. 9. Specific job or employment duties. The register shall be maintained for all current employees and all employees employed at any time during the preceding thirty-six (36) months. The Licensee shall make the register of its Adult Establishment Employees available for inspection by the City immediately upon demand at all reasonable times. SECTION 19. Penal Any person who violates, neglects, refuses to comply with, or assists or participates in any way in the violation of, any of the provisions or regulations of this Ordinance or of any of the provisions or requirements of any Adult Establishment License, shall be fined not more than Five Hundred Dollars ($500.00) for each such violation. Each day such violation continues shall constitute a separate offense. The Director of the Planning and Development Department shall give written notice to any such person of any such violation and the fine imposed by causing a citation to be served in person or by certified U.S. mail. postage prepaid, return receipt requested, addressed to the Licensee's address as set forth in the Licensee's application. SECTION 20. Nuisance Declared. Any Adult Entertainment Establishment established, operated, or maintained in violation of any of the provisions or requirements of this Ordinance or any Adult Establishment License shall be, and the same is, declared to be unlawful and a public nuisance. The City may, in addition to or in lieu of any other remedies set forth in this Ordinance, commence an action to enjoin, remove, or abate such nuisance in the manner provided by law and shall take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any person from establishing, operating, or maintaining an Adult Entertainment Establishment contrary to the provisions of this Ordinance. SECTION 21. Computation of Time. Unless otherwise specifically set forth in this Ordinance, the time within which any act required by this Ordinance is to be done shall be computed by excluding the first day and including the last day, unless the last day is Saturday, Sunday or a Federal or State of Arkansas holiday, in which case it shall also be excluded. If the day immediately following such Saturday, Sunday, of holiday is also a Saturday, Sunday or holiday, then such succeeding day shall also be excluded. SECTION 22. Severability. In the event that any provision of this Ordinance, or any part thereof, or any application 28 thereof to any person or circumstance, is for any reason held to be unconstitutional or otherwise invalid or ineffective by any court of competent jurisdiction on its face or as applied, such holding shall not affect the validity or effectiveness of any of the remaining provisions of this Ordinance, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance. It is hereby declared to be the legislative intent of the City that this Ordinance would have been adopted had such unconstitutional, invalid, or ineffective provisions not been included herein. SECTION 23. Repealer. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any such conflict. PASSED AND APPROVED this 18`" day of January, 2007. WILLIAM H. JOHNSON, YOR ATTEST: r~-~ PHIL P PA TY CLERK SPONSORED BY: i--- ,~,l~ - 29