HomeMy WebLinkAboutDocumentation_Regular_Tab 19_09/11/2014 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 15-14
9/11/14
Consent Agenda: No Resolution #: N/A
Originating Department: Attorney
ORDINANCE NO. 15-14, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. BY AMENDING ARTICLE I. IN GENERAL.
AT SECTION 78-4. DEFINITIONS BY REPEALING THE DEFINITION OF "ADULT ENTERTAINMENT
ESTABLISHMENT"; BY ADOPTING AN ENTIRELY NEW ARTICLE XIII. TO BE ENTITLED "ADULT
ENTERTAINMENT CODE." TO PROVIDE FOR REGULATIONS REGARDING ADULT ENTERTAINMENT
AND ADULT ENTERTAINMENT ESTABLISHMENTS, TO PROVIDE DEFINITIONS AND TO PROVIDE
PENALTIES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-SECTION OF CHAPTER
78. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
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Account #: Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
N/A
Budget Transfer Required: No Appropriate Fund Balance: No
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Department Head Submitted by Legal
Finance Director �
Reviewed for Financial Sufficiency ❑ � /���
No Financial Impact �- '�`
Attorney: (for legal sufficiency)
Village Manager:
Submit for Council Discussion: �
Approve Item: ❑
Deny Item: �
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Form Amended: 7/12/12
ORDINANCE N0.15-14
AN ORDINANCE OF THE VILLAGE COUNCII, OF THE VILLAGE OF
TEQLTESTA, FLORIDA, AMENDING CHAPTER 78. ZONIlVG. BY
AMENDING ARTTCLE I. IN GENERAL. AT SECTION 78-4. DEFIlVITIONS
BY REPEALING THE DEFII�TITION OF "ADULT ENTERTAINMENT
ESTABLIS�-IlVIENT"; BY ADOPTING AN ENTIRELY NEW ARTICLE XIII.
TO BE ENTITLED "ADULT ENTERTAINMENT CODE." TO PROVIDE FOR
REGULATIONS REGARDING ADULT ENTERTAINMENT AND ADULT
ENTERTAINMENT ESTABLISHMENTS, TO PROVIDE DEFIlVITIONS AND
TO PROVIDE PENALTIES; PROVIDING THAT EACH AND EVERY OTHER
SECTION AND SUB-SECTION OF CHAPTER 78. ZONING. SHALL REMAIN
IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the Village Council of the Village of Tequesta, Florida, desires to adopt
definitions and standards to regulate all Adu1t Entertainment and Adult Entertainment
Establishments in the Village in order to protect the public health, safety and welfare,; and
WHEREAS, the Village Council of the Village of Tequesta, Florida, believes the adoption
of this Ordinance to be in the best public interests.
NOW, TI�REFORE, BE IT ORDAINED BY 'THE VILLAGE COUNCIL OF TI�
VII,LAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Cha.pter 78. Zoning. Of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article I. In General. Section 78-4. Definitions. by repealing the definition of
"Adult Entertainment Establishment"; and providing that a11 the remaining definitions shall read
as previously adopted:
Sec.78-4. Definitions.
The following words, terms and phrases, when used in this cha.pter, shall ha.ve the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning. All words used in the present tense include the futute; all words in the singular number
include the plural and the plural the singular. The word "building" includes the word "structure."
The word "shall" is manda.tory. The word "person" includes a firm, corporation or municipal
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corpora.tion as well as a natural person. The word "map" shall mean the official zoning ma.p of the
village. The term "council" shall mean the Council of the Village of Tequesta and the word
"village" shall mean the Village of Tequesta, a municipal corporation of the Staxe of Florida. The
word "used" shall be deemed to include the words "amanged, designed or intended to be used," and
the word "occupied" shall be deemed to include the words "arranged, designed or intended to be
occupied." Any word or term not interpreted or defined by this section shall be used with a
meaning of common or standard utilization.
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(All remaining definitions sha11 remain as previously adopted.)
Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of the Village
of Tequesta. is hereby amended by the adoption of an entirely new Article XIII. which shall be
entitled "ADULT ENTERTAINMENT CODE"; providing that Article XIII. shall hereafter read
as follows:
ARTICLE XIII.
ADULT ENTERTAINMENT CODE.
Sec. 78-870. Authority. This code is ena.cted under the home nile power of the Village of
Tequesta, in the interest of the health, peace, safety, and general welfare of the
people of the Villa.ge of Tequesta, hereinafter the "Village".
Sec. 78-871. Scope. This Adu1t Entertai.nment Code shall be in effect throughout the Village.
Sec. 7&872. Purpose and Intent. The intent of the Village of Tequesta Council in adopting
this code is to establish reasonable and uniform regulations for the Adult
Enterta.inment industry that will protect the health, safety, property values, and
general welfare of the people, businesses, and industries of the Village. It is not
the intent of the Village of Tequesta Council to legislate with respect to matters of
obscenity. These matters aze regulated by federal and state la.w, includi.ng Chapter
847 of the Florida Sta.tutes.
Sec. 78-873. Findings of Fac� Based on the evidence and testi.mony presented ax the public
heari.ngs before the Village Council and on the findings incorpora.ted in the Unit�
States Attorney General's Commission on Pornography (1986), "A Su.mmary of a
National Survey of Rea1 Estate Appraisers Regazding the Effect of Adult
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Bookstores on Property Values," conducted by the Division of Planning,
Depa.rtment of Metropolitan Development, City of Indiana�lis, January, 1984, the
Village Council hereby finds the following:
(a) Uses exist or ma.y exist within nearby unincorporated Pa1m Beach County
or other nea.rby cities where books, magazines, motion pictures, pri.nts,
photographs, periodicals, records, novelties and/or other devices that
depict, illustra.te, describe or relate to specified sexual activities are
possessed, displayed, exhibited, distributed and/or sold.
(b) Adult entertainment establishments exist or ma.y e�st within the Village
and other nearby cities or counties where dancers, entertainers, performers,
or other individuals, who, for commercial gain, perform or are presented
while displaying or exposing specified anatomical azea; or engage in
straddle dancing or touching with customers.
(c) The activities described in subsections (a) and/or (b) occur at adult
enterta.inment establishments which operate for the purpose of making a
profit and, as such, are subject to regulation by the Village in the interest of
health, safety, economy, property, values, and general welfaze of the
people, businesses and industries of the Village. A major industry which is
important to the community's economic welfare is tourism by persons
seeking to bring children to visit attractions who wish to stay in a
community with a family atmosphere.
(d) When the activities described in subsections (a) and/or (b) above are
presented, other activities that are illegal, immoral or unhealthful tend to
accompany them, concentrate around them, and be aggravated by them.
Such other a.ctivities include, but are not limited to, prostitution, solicitation
for prostitution, lewd and lascivious beha.vior, possession, distribution and
transportation of obscene materials, sale or possession of controlled
substances, and violent crimes agai.nst persons and land.
(e) When the activities described in subsections (a) and/or (b) above are
present, they tend to blight neighborhoods, adversely affect neighboring
businesses, lower property values, promote crime, and ultimately lead
residents and businesses to move to other locations.
( fl The concurrence of the sale and/or consumption of alcoholic beverages
with the activities described in subsections (a) and/or (b) leads to a fiuther
increase in criminal a.ctivity, unsafe activity, and disturbances of the peace
and order of the surrounding community.
(g) The concurreace of the sale and/or consumption of alcoholic beverages
with the activities described in subsections (a) and/or (b) crea.tes additional
hazards to the health and safety of persons in attendance and further
depreciates the value of adjoining real property harming the economic
welfare of the surrounding community and ad.versely affecting the quality
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of life, tone of commerce, and community environment.
(h) In order to preserve and safeguard the health, safety, property values, and
general welfare of the people, businesses, and industries of the Village, it is
necessary and advisable for the Village to regulate the sale and
consumption of alcoholic beverages at adult entertainment establishments
where the activities described in subsection (a) and/or (b), occur.
(i) There is a direct relationship between the activities described in subsections
(a) and/or (b) above and an increase in criminal activities, moral
degradation and disturbances of the peace and good order of the
community, and the occurrence of these activities is hazardous to the health
and safety of those persons in attenda.nce and tends to deprecia.te the value
of adjoini.ng land and harm the economic welfare of the community as a
whole. These secondary effects are adverse to the public's interest and
quality of life, the tone of commerce and the community environment in the
Village of Tequesta.
(j) Based upon these findings, it is in the interest of the health, safety, morals
and geaeral welfare of the citizens of the Village of Tequesta. that adult
entertainment uses are regulated pursuant to the following standards.
Sec.78-874. Definitions.
Adult arcade means, for the purposes of the Adult Entertainment Code, any place
or esta.blishment opera.ted for commercial gai.n (whether or not there is actual profit
or loss) which invites or permits the public to view adult material. For purposes of
this Code, "adult arcade" is included withi.n the definition of "adult theater."
Adult bookstore/adult video store means, for the purposes of the Adult
Entertainment Code, an establishment which sells, offers for sale or rents adult
ma.terial for commercial gain (whether or not there is actual profit or loss); unless
the establishment demonstrates either:
(a) the adult material is accessible only by employees, agents, and/or
independent contractors of the establishment, and the gross income feom
the sale or rental of adult material comprises less tha.n ten percent (10%) of
the gross income from the sale or rental of goods or services at the
establishment, or
(b) the individual items of adult material offered for sale or rental comprise less
than ten percent (10%) of the individual items, as stock in trade, publicly
displayed in the establishment and which is not accessible to mi.nors at the
establishment.
Adult booth means, for the purposes of the Adult Entertainment Establishments
provisions of this Code, a sma11 enclosed or partitioned area inside a.n adult
entertainment establishment which is:
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(a) designed or used for the viewing of adult material by one (1) or more
persons; and
(b) is accessible to any person, regardless of whether a fee is charged for
access. The term "adult booth" includes, but is not limited to, a"peep
show" booth, or other booth used to view adult material. The term "adult
baoth" does not include a foyer through which any person can enter or exit
the establishment, or a restroom.
Adult entertainment establishment means, any ad.ult arcade, adult theater, adult
bookstore/adult video store or any establishment or business operated for
commercial gain (whether or not there is actual profit or loss) where any employee,
operator or owner exposes his/her specified anatomical area for viewi.ng by patrons,
including, but not limited to: massage establishments whether or not licensed
pursuant to Cha.pter 480, Florida Statutes, tanning salons, modeling studios andlor
lingerie studios. Excluded from this definition aze any educational institutions
where the exposure of the specified anatomical area is associated with a curriculum
or program.
Adult material means for the purposes of the Adult Entertainment Esta.blishment
Code, any one (1) or more of the following, regardless of whether it is new or used:
Books, magazines, periodicals or other printed matter; photographs, films, motion
pictures, video cassettes, slides, or other visual representa.tions; recordings, other
audio matter; and novelties or devices; which have as their primary or dominant
theme subject matter depicting, exhibiting, illustrating, describing or relating to
specified sexual activities or specified ana.tomical areas; or instruments, novelties,
devices or paraphernalia which are designed for use in connection with specified
sexual activities.
Adutt theater means, for the purposes of the Adult Entertainment Establishments
provisions of this Code, an esta.blishment operated €or commercial gain (whether or
not there is actual profit or loss) which consists of an enclosed building, or a portion
or part thereof or an open-a.ir area used for viewing of adult ma.terial. "Adult
motels," "adult arca.de," "adult booth" and "adult motion picture theater" are
included within the definition of "adult theater." An establishment which has
"adult �oths" is considered to be an "adult theater."
Adult video store - see Adu1t Bookstore.
Alcoholic beveraee shall mean all distilled spirits and all beverages containing
one-half (1 /2) of one percent (1 %) or more alcohol by volume.
Public nuditv - means to display or expose at an adult enterta.inment establishment
less than completely and opaquely covered:
(a) human genitals or pubic region;
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(b) the clea.vage of the humau buttocks; and
(c) the areola or nipple of the human female breast.
Saecified anatomical area -
(a) Less than completely and opaquely covered:
1. Human genitals and pubic region; or
2. The openi.ng between the human buttocks, i.e. the anal cleft; or
3. That portion of the human female breast encompassed within an
axea falling below the horizontal line one would have to draw to
intersect a point immediately above the top of the areola; this
definition shall include the entire lower portion of the female breast,
but shall not include any portion of the cleavage of the human
female breast exhibited by a dress, blouse, shirt, leotard, bathing
suit, or other wearing appeal, provided the areola is not so exposed;
or
(b) Human male genita.ls in a discernible turgid state, even if completely and
opaquely covered.
Saecified criminal act - means:
(a) A violation of licensing requirements of tlus Adult Entertainment Code; or
(b) Any offense under the following chapters of the Florida Statutes; Cha.pter
794 regarding sexual battery, Chapter 796 regazding prostitution, Chapter
800 regarding lewdness and indecent exposure, and Chapter 847 regarding
obscene literature.
Straddle dance - also known as a"lap da.nce" or "face dance", means either of the
following acts:
(a) The use by an employee, agent andlor independent contractor of any part of
his or her body to touch the genital or pubic area. of a person while at the
adult entertainment establishment, or the touching of the genital or pubic
area of any employee, agent and/or independent contractor with a person
while at the adult enterta.inment establishmen� It shall be a"straddle
dance" regazdless of whether the "touch" or "touchi.ng" occurs while the
employee, agent and/or independent contractor is displaying or exposing
any specified anatomical area. It shall also be a strad.dle dance regardless
of whether the touch or touchi.ng is direct or through a medium.
(b) The siraddling of the legs of an employee, agent and/or in.dependent
contractor over any part of the body of a person other than another
employee, agent and/or independent contractor at the adult entertai.nment
establishment, regardless of whether there is touch or touching.
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Sec. 78-875. Certain Behavior on premises prohibited. It sha11 be unlawFul for any person
maintaining, owning or operati.ng any esta.blishment located within the Village at
which alcoholic beverages, beer or wine are sold, offered for sa1e, offered for
consumption or consumed on the premises to suffer or permit any persoa to engage
in the following activities on the premises of that establishment:
(a) The actual or simulated displaying of the genitals, vulva, pubic area,
buttocks or anus.
(b) The actual or simulated displaying by a female of the azea. of the human
breast at or below the areola. The areola is the colored ring around the
nipple.
Sec. 78-876. Regulation of all persons on premises. It shall be unlawfiil for any person, while
on the premises of any establishment loca.ted within the Village at which alcoholic
beverages, beer or wine are sold, offered for sale, offered for consumption, or
consumed on the premises to engage in the following:
(a) The actual or simulated displaying of the genitals, vulva, pubic area,
buttocks or anus.
(b) The actual or simulated displaying by a female of the area of the human
breast at or below the azeola. The areola is the colored ring around the
nipple.
Sec. 78-877. Additional Prohibited acts. It shall be unlawful for an employee, agent and/or
independent contractor of an adult entertainment establishment to commit any of
the following acts or for an operator of an adult entertai.nment establishment to
knowi.ngly or with reason to know, permit, suffer, or allow any employee, agent
and/or independent contractor to commit any of the following acts:
(a) Engage in straddle da.nce with a person at the adult entertainment
esta.blishment;
(b) Offer, contract or otherwise agree to engage in a straddle dance with a
person at the adult entertainment establishment;
(c) Engage in any specified sexual activity at the adult entertainment
establishment;
(d) Engage in public nudity as defined in Section 78-874 of this Code;
(e) Display or expose at the adult entertainment establishment specified
anatomical areas while such employee, agent and/or independent contractor
is not continuously positioned at least three feet away from all other persons
or while such employee, agent and/or independent contractor is not is a.n
azea as described in Section 78-878(d) hereinbelow;
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( fl Display or expose specified anatomical azeas at an adult entertainment
establishment where alcoholic beverages are sold, offered for sale or
consumed;
(g) Display or expose any specified anatomical area while simulating any
specified sexual activity with any other person at the adult entertainment
establishment;
(h) Engage in a private performance;
(i) Intentionally touch an.y person at the ad.ult entertainment establishment,
while engaged in the display or exposure of any specified ana.tomical area;
(j) Intentionally touch the clothed or unclothed body of any person at the adult
enterta.inment establishment, at any poi.nt below the waist and above the
knee of the person, or to intentionally touch the clothed or unclothed breast
of any female person, or
(k) Expose any specified anatomical area during the employee, agent and/or
independent contractor's bona. fide use of a restroom, or bona fide use of a
dressing room which is used and occupied only by other employees, agents
and/or independent contractors of the same sex.
Sec. 78-878. Standards and Requirements for Adult Entert�inment Establishments.
(a) Locatioa Adult entertainment establishments as defined herein which
meet a11 requirements set forth in this chapter shall be permitted only in the
C-3 General Commercial District and only as a special exception use and
sha11 be located. the following minimum distances from other uses:
(1) Another adult entertainment establishment or use: one thousand feet
(1,000').
(2) A church or place of worslup: five hundred feet (500').
(3) An educational institution: five hundred feet (500').
(4) A public park: five hundred feet (500').
(5) Existing residence Residentially Zoned and/or real property: five
hundred feet (500')
(b) Measurement. For the purpose of ineasuring distances in the
determination of locations for adult entertainment esta,blishments and
related accessory uses, as defined herein, all distances shall be measured
from properly line to property line in a straight path without regard to
intervening structures or objects. Location requirements ma.y not be
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varied.
(c) Screenin� Reauired. All doors, wi.ndows and other building openings to
adult enterta.inment establishments and related accessory uses sha11 be
located, covered or screened in such a manner as to prevent a view into the
interior from any public or semi-public area.
(d) Interior restrictions. - In addition to the general requirements for an adult
entertainment establishment, an adult performance establishment shall:
(1) Have a stage provided for the display or exposure of any specified
anatomical area by an employee, agent and/or independent
contra.ctor to a person other than another employee, agent and/or
independent agent consisting of a permanent platform (or other
similar permanent structure) raised a minimum of thirty-six inches
(36") above the surrounding floor and encompassing an area. of at
least one hundred (100) square feet; and
(2) Have no areas in which private performances ma.y occur.
(e) On-Site Parkin� Repuirements. One (1) parking space per each one
hundred (100) square feet of gross floor area. is required. Off-site parking
is strictly prohibited.
Sec. 78-879. Enforcemenw The provisions of this code may be enforced by:
(a) A suit brought by the Village in the circuit court to restrain, enjoin, or
prevent a violation of this code; or
(b) enforcement proceedings before the Village Code Enforcement Special
Magistrate; or
(c) criminal prosecution if applicable; or
(d) any other lawful means ava.ilable to the Village.
Sec.78-880. Licensing.
(a) Reauirement - No ad.ult entertainment establishment shall be perm.itted to
operate without havi.ng been first granted an adult entertainment license by
the Village Community Development Department under this code.
(b) Classifications - Adult entertainment establishment licenses refened to in
this code shall be classified as follows:
(1) Adult bookstore;
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(2) Adult theater; or
(3) Adult entertainment establishment.
(c) Siwgle Classification of license - An adult entertainment license for a
particular adult entertainment establishment sha11 be limited to one
classification of license.
Sec. 78-881. Application for license; application fee; consent by applican�
(a) Reauired - Any person desiring to opera.te an ad.ult entertainment
establishment sha11 file with the Village Community Development
Department a sworn license application on standard application forms
supplied by the Village.
(b) Contents of aaalication - The completed application sha11 contain the
following information and shall be accompanied by the following
documents:
(1) If the applicant is:
(i.) An individual, the individual sha11 state his legal na.me and
any aliases and submit satisfactory proof that he is 18 years
of age or older; or
(ii.) A partnership, the paRnerslup shall state its complete name,
the names and ma.iling addresses of all partners whether
general or limited, the residence address of at least one
person authorized to accept service of process, and provide a
copy of any existi.ng partnership agreement; or
(ui.) A corporation, the corporation shall state its complete name,
the date of its incorpora.tion, evidence that this corporation is
in good standing, the names and capacity of all officers,
directors and principal stockholders, the name and address
of the registered corporate agent for service of process, and
provide a copy of its articles of incorporation and charter;
(2) If the applicant intends to conduct the adult entertainment
establishment under a name other tha.n that of the applicant, the
applicant sha11 provide evidence of the adult enterta.inment
establishment's fictitious name registration under Florida Sta.tute
Section 865.09;
(3) Whether the applicant or any of the other individuals listed pursuant
to subsection (b)(1) has, within the five-year period immediately
preceding the date of the application, been convicted. of a felony of
any state or application, been convicted of a felony of any sta.te or of
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the United States or any specified criminal act and, if so, the specific
crime involved, the da.te of conviction and the place of conviction;
(4) Whether the applicant or any of the other individuals listed pursuant
to subsection (b)(1) has had a previous license under tlus code
suspended or revoked, including the name and location of the adult
enterta.inment establishment for which the license was suspended or
revoked, as well as the da.te of the suspension or revocation, and
whether the applicant or any other individuals listed pursuant to
subsection (b)(1) has been a partner in a partnership or an officer,
director or pri.ncipal stockholder of a corporation whose license
under this code has previously been suspended or revoked,
includi.ng the name and location of the adult entertainment
establishment for which the license was suspended or revoked, as
well as the date of the suspension or revocation;
(5) Whether the applicant or aay other individuals listed pursuant to
subsection (b)(1) holds any other licenses under this code and, if so,
the names and locations of such other licensed adult entertainment
esta.blishments;
(6) The single classification of license for which the applicant is fili.ng;
(7) The location of the proposed adult entertainment establishment,
includi.ng a legal description of the property site, and a legal street
address;
(8) The applicant's mailing addtess, business addresses, residential
address, and business and residential telephone numbers; and
(9) A site plan drawn to appropriate scale of the proposed adult
entertainment establishment, includi.ng, but not limited to:
(i.) All properiy lines, rights-of-way, and the location of
buildings, parking azeas and spaces, curb cuts, and
driveways.;
(ii.) All wi.ndows, doors, entrances and exits, fixed structural
features, walls, stages, partitions, projection booths,
admission booths, adult booths, concession booths, stands,
counters and similar structures;
(ui.) All proposed improvements or enlargements to be made,
which shall be indicated and calculated in terms of
percenta.ge of increase in floor size;
(10) A recent photograph of the applicant;
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(11) Fingerprints of the applicant; and
(12) The applicant's social security number or employer's tax
identification number and either the applicant's driver's license
number or the number of a state or federally issued identification
card.
(c) Aaalication fee - Each application sha11 be accompaaied by a
non-refundable, administrative processing fee, the amount of which shall be
set by resolution of the Village Couacil.
(d) Incomalete 8Di111Cat10R - Itl the event the Village Community
Development Department determines or learns at any time that the
applicant has not properly completed the application for a proposed adult
entertainment establishment, tha.t division sha11 promptly notify the
applicant of such fact and shall allow the applicant ten da.ys to properly
complete the applica.tion. (The time period for granting or denying a
license shall be stayed during the period in which the applicant is allowed
an opporiunity to properly complete the application.)
(e) Consent - By applying for a license under this code, the applicant shall be
deemed to ha.ve consented to the provisions of this code and to the exercise
of their responsibilities under this code by the agents or departments of the
Village.
Sec. 78-882. Processing of application; investigation; findings.
(a) Processin� - Upoa receipt of a complete application properly filed with the
Village Community Development Depar�ent and upon payment of the
non-refundable administrative processing fee, the Village Community
Development Depar�ient shall immediately stamp the application with the
date it was received and shall immediately thereafter send photocopies of
the applica.tion and all attachments to the Police Department, the Building
Official, and the Fire Department.
(b) Investi�ation - Each department and/or individual identified in sub-section
(a) above shall promptly conduct an investigation of the applicant,
application, and the proposed adult enterta.inment establishment in
accordance with this code to determine whether false, incomplete, or
incorrect information was given on the application or whether the proposed
adult entertainment establishmeat will be in violation of any provision of
this code or of any building, fire, health, or zoni.ng stafirte, code,
ordinance, regulation, lease, deed restriction, or court order.
(c) Findin�s - Withi.n fourteen (14) days from the date the application is
stamped "Received" by the Village, each departznent and/or individual
identified in sub-section (a) above shall report its findings in writing and
sha11 forward same to the Community Development Director. The written
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report shall state whether any of the depaxtments and/or individuals find
that false, incomplete, or incorrect information was given on the application
or whether the proposed ad.ult entertainment establishment will be in
violation of any provision of this code or of any building, fire, health, or
zoning stafirte, code, ordinance, regulation, lea,se, deed restriction, or court
order. If deemed incomplete, the applica.tion shall be returned to the
applicant for completion.
(d) Action - Once deemed complete by the Village Community Development
Department, the application shall be placed on the next available agenda of
the Village Council for action on the Special Exception request. An
application will be deemed granted if not denied in writing within sixty (60)
days of the da.te the application was deemed complete.
(e) Judicial Review - Denial of an application may be reviewed by the Circuit
Court by petition for common law certiorari submitted within thirty (30)
days of the denial.
Sec. 78-883. Annual License Fee; Levy. - There is hereby levied an application processing fee
and an annuallicense fee under this Code for adult entertainment establishments;
the amount of which fees shall be esta.blished by resolution of the Village Council.
Sec. 78-884. Nonconforming nses. When a nonconforming use of an adult entertainment
establishment has been discontinued for 90 consecutive days or more, the
nonconforming use shall be deemed abandoned a.nd the future use of the premises
or site shall revert to only those uses permitted on the site on which the adult
entertainment establishment is located.
Section 3: Each and every other Section and Subsection of Chapter 78. Zoning. shall
remain in fu11 force and effect as previously adopted.
Section 4: All ordinances or parts of ordinances in conflict be and the same are hereby
repealed.
Section 5: Should any section or provision of this Ordinance or any portion thereof,
any pazagraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision sha11 not affect the validity of the remainder of this Ordinance.
Section 6: Specific authority is hereby granted to codify this Ordinance.
Section 7: This Ordinance sha11 take effect i.mmediately upon passage.
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