HomeMy WebLinkAboutDocumentation_Regular_Tab 11_10/09/2014 VILLAGE CLERK'S OI
AGENDA ITEM TRANSMIT ADENDA ITEM PREVIOUSLY
DI STRIBUT ED - 9/11/14
Meeting Date: Meeting Type: Regular Ordinance #: 15-14
1/14
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 7$-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 DEF{NfTIONS AND TO PROVIDE
PENALTIES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-SECTION OF CHAPTER
78. ZONING. SHALL REMAIN IN FUI.L 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.
� . . ..
Account #: Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
N/A
Budget Transfer Required: No Appropriate Fund Balance: No
' � � ` �' • � • a - •
� "`� � .
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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.- . ..- . . -.. .._ - . - - . -
�rm Amended: T/12/12
ORDINANCE N0.15-14
AN �RDINANCE OF THE VILLAGE COUNCIL OF TI� VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. BY
AMENDING ARTICLE I. IN GENERAL. AT SECTION 78-4. DE;gINITIONS
BY REPEALING THE DEFINITION OF "ADULT ENTERTA►INMENT
ESTABLIS��VIENT"; BY ADOPTING AN ENTIRELY NEW ARTICLE XIII.
TO BE ENTITLED `°ADULT ENTERTAINMENT CODE." TO PROYIDE FOR
REGULATIONS REGARDING ADULT ENTERTA►IrfMENT AND ADULT
ENTERTA►IlVMENT ESTABLISI�MENTS, TO PROVIDE DEFINITIONS ,E�ND
TO PROVIDE PENALTIES; PROVIDING THAT EACH AND EVERY OTZ�R
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 Adult Entertainment and Adu1t Entertainment
Establishments in the Village in order to protect the public health, safety and welfate,; and
WHEREAS, the Village Council of the Village of Tequesta, Florida, believes the adoption
of tlus Ordinance to be in the best public interests.
NUW, THEREF4RE, BE IT ORDAIl�iED BY THE VII,LA.GE COUNCII. OF TI�
VII.LAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 78. Zoning. Of the Code of Ord.inances 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 provid.ing that all the remaining definitions shall mad
as previously adopted:
Sec.78-4. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meaaings ascribed to them in this section, except where the context clearly indicates a different
meaming. All words used. in the present tense include the future; a11 words in the singutar number
include the plural and the plurat the singular. The word "building" includes the word "struct�ne."
The word "stihall" is mandatory. The word. "person" includes a firm, corporation or municipal
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corporation as well as a natural person. The word. "map" shall me,an the official zontng map of the
village- The term "council" shall mean the Council of the Village of Teque�. and the word
"village" sha11 mean the Village of Tequesta, a municipal corporation of the State of Florida. The
word "used" sha11 be deemed to include the words "atranged, designed or intended to be used," and
the word. "occupied" shall be dcemed to iaclude the words "arrang�, de.sigaed or intended to be
occupied." Any word or term not interpreted or defined by this seckion shall be useci with a
meaning of common or standard. utilization.
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Seclion 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 Atticle XIII. wluch shall be
e�titled "ADULT ENTERTAINMENT CODE"; providing that Article XIII. shall hereafter read
as follows:
ARTICLE 1�.
ADULT ENTERTAINMENT CODE.
Sec. 7&870. Anthority. This code is enacted under the home rule power of the Village of
Tequesta, in the interest of the health, peace, safety, and general welfare of the
people of the Village of Tequesta, hereinafter the "Village".
Sec. 78-871. Scope. This Adult Entertainment Code shall be in effect throughout the Village.
Sec. 78-872. Purpose and Inten� The int.ent of the Village of Tequesta Council in adopting
this code is to establish reasonable aad uniform regulations for the Adult
Fntert��'nment industry that will protect the health, safety, property values, and
generai welfare of the people, businesses, and. industries of the Village. It is not
the intent of the �Tillage of Tequesta Council to legislaxe wi#h resper.t to matters of
obscenity. These matteis are regulated by federal aad. state law, including Chapter
847 of the Florida Statutes.
Sec. 7$-873. Findings of Fact. Based on the eviden.ce and testimony pr�sented at the public
hearings before the Village Council and on the findings incorporated in the United
States Attorney General's Commission on Pornogiaphy (198�, "A Summary of a
National Survey of Real Es�tate Appraisers Regarding the Effect of Adult
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Bookstores on Property Values," conduct� by the Division of Planning,
Depar�nent of Metropolitan Development, City of Indianapolis, January,1984, the
Village Council hereby finds the followin,�:
(a) Us�s exist or ma.y exist within neazby unincorporated Palm Beach County
or other neatby cities where books, magazines, motion pictures, prints,
photographs, periodicals, records, novelties and/or other devices that
depict, illustrate, describe or relate to specified sexuat activities are
possessed, displayed, exhibit�d, disiributai and/or sold.
(b) Adult enterl�imme�nt establishments exist or may exist within the Village
and other nearby cities or counties where dancers, entertainers, performers,
or other individuals, who, for commercial gain, perform ar are presented
while disptaying or exposing specified anatomicat area; or engage in
straddle dancing or touching with customers.
(c) The activities described. in subsections (a) and/or {b) occur at adult
entertainment establishments wluch operate for the pu�wse of making a
profit and, as such, aze subject to regulation by the Village in the interest of
health, safeiy, economy, properiy, values, and general welfare of the
people, businesses and industries of the Village. A maj or iadvstry 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 �ons (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 hy them.
Such other activities include, but az� not limiteci to, prvstitution, solicitation
for prostitution,lewd and lascivious behavior, possession, distribution and
transportation of obscene materials, sale or possession of controlled
substances, and violent crimes against persons and land.
(e) When the activities described in subsections (a) and/or (b} above are
present, they tend to blight neighborhoods, adversely affect neighl�ring
businesses, lower pro� values, pmmote crime, and ultimately lead
residents and businesses to move to other locations.
( fl The concurrence of the sale and/or consumption of alcoholic l�verages
with the activities described in subsections (a) and/or (b) leads to a further
increase in criminal activity, unsafe activity, and dislurbances of the pe�ce
and ord.er of the surrounding commtmity.
(g) The concimence of the sale and/ar consumption of aicoholic beverages
with the activities described in subsec�ions (a) and/or (b) creates additional
hazards to the health and safety of persons in attendance and fiuther
depreciates the value of adjoining real property harming the economic
welfare of the surrounding community and adversely affecting the quality
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of life, tone of commerce, and community environment.
(h) In order to preserve and safeguard the health, safetiY, P�P�3' values, and
general welfare of the people, businesses, a�xl industiies of the Village, it is
necessary and advisable for the Village to regulate the sale and
consumption of atcoholic beverages at adult e�ntertainment esta,blishments
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, morai
degradation and disturbances of the peace and good. order of the
commumty, and the occunence of these activities is ha7.ardous to the health
and safety of those persons in attendauce and tends to depre,ciate the value
of adjoini.ng land. and harm the economic welfare of the community as a
whole. These secondazy effects are adverse to the public's interest and.
quality of life, the tone of commem,e and the community environment in the
Village of Tequesta.
(j) Based upon these findings, it is in the interest of the health, safety, marals
and general welfare of the citizens of the Village of Tequesta that adult
e�ntertainment uses are regulated pursuant to the following standards.
Sec.78-874. Definitions.
Adult arcade means, for the purposes of the Adutt En#ertainment Code, a�y place
or establishment operated for commercial gain (whether or not there is actual profit
or loss} which invites or permits the public #o view adult material. For purposes of
this Code, "adult arcade" is included within the definition of "adult theater."
Adult bookatore/adatt video store means, for the purposes of the Adult
Entertainmen# Code, an establishment which sells, offers for sale or rents adutt
material for commerciai gain (whether or not there is actual profit or loss); unless
the establishment demonstrates either:
(a) the adult material is accessible only by employe�s, agents, and/or
independent contractors of the establishment, and the gross income from
the sale or rental of adult material comprises less than ten percent (10%) of
the gross income from the sale or rental of goods or services at the
establisbme�, or
(b) the individual items of adult materist offe�ed for sale or rental comprise less
than ten percent (i0'�o) of the individual items, as stock in trade, publiciy
displayed in the establishmem and which is not accessible to minors at the
establishment.
Adnit booth means, for the purposes of the Adult Entertainment Establishments
provisions of this Code, a small enclosed ar partitioned arca inside an adult
ent�rtainment establishment which is:
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(a) desigried or used for the viewing o€ adul# 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 nat limited to, a"peep
show" booth, or other booth used to view adult material. The tenm "ad.ult
booth" does not include a foyer thmugh which any person can enter or exit
the establishment, or a restroom.
Adult entertainment establishment means, any adiilt arcade, adult theater, adult
bookstoreJadult video store or any establishment or business operated for
cominercial gain (wl�ether or aot there is actuai profit or loss) where any employee,
operator or owner exposes his/her specified anatomical area for viewing by patrons,
including, but not limited to: massage establishme�s whether or not licensed
pursuaat to Chapter 480, Florida Statutes, tanning salons, modeling studios and/or
lingerie studios. Excluded from this definition are any educational institutions
where the e�cposure of the specified anatomical area is associated with a curriculum
or program.
Adult material means for the purposes of the Aduit Entertainment Establishment
Code, any one (1) or more of the following, regardiess of whether it is new or used:
Books, magazines, periodicals or o�ther printed matter; photographs, films, motion
pictures, video cassettes, slides, or other visual representations; recordings, other
audio matter; and novelties or devices; wluch have as their primary or dominant
theme subject matter depicting, exhibiting, illustrating, descn'bing or relating to
specified sexual activities or specified anatomical areas; or insln�ments, novelties,
devices or paraphernalia which are designed for use in connection with specified
sexuai activities.
Adutt theater means, for the putposes of the Adult Entertainment Establishments
provisians of this Code, an establishment operated for commerciai gain (whether ar
not there is actual pmfit or Ioss) which consists of an enclosed building, or a portian
or part thereof or an open-air area used for viewing of adult material. "Adult
motels," "adult arcade," "aduit booth" and "adult motion pichne theater" are
included. within the definition of "adult theater." An. establi�hment wluch has
° 8dllit b00�}1S�� 15 COI1S1�1�EC� t0 � 8II ��At�lllt �leB�T."
Adult video store - see Adu1t Bookstore.
Alcoholic beverage shall mean all diskill�. spirits and all beverages containing
one-half (1 /2) of one percent (1 %) or more atcohol by volum.e.
Public nuditv - means to display or expose at an adult entertainment establishment
less than completely and opaquely covered.:
(a) human genitals or pubic region;
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(b) the cleavage of the human buttocks; and
(c) the areala or nipple of the human female breast
Snecified anatomical ar�ea -
(a} Less than completely and opaquely covered:
1. Human genitais and pubic negion; or
2. The opening between the human buttocks, i.e. the aaal cleft; or
3. That portion of the human female breast encompassed within an
area. falling below the horizontal line ane would have to draw to
intersect a point immediately above the top of the areola; this
definition s�all include the entire lower portion of the femate breast,
but shall not inciude any portion of the cleavage of the human
female breast exhibited by a dress, blouse, slvrt, leotard, bathing
suit, or other w'earing aPP� P�vided the areola is not so exposed;
ar
{b) Human male genitals in a discenu"ble turgid s#ate, even if completely and
opaquely covered.
Ssecified criminai act - means:
{a) A violation of licensing requireme�ts of this Adu1t E�ntertainment Code; or
(b) Auy offense under the following chapters of the Florida Stattrtes; Chapter
794 regarding sexval battery, Chapter 796 regarding prostitution, Chapter
800 regarding Iewdness and indecent exposure, aad Chapter $47 regarding
obscene literature.
Straddle dance - also known as a"lap dance" or "face dance", means either of the
following acts:
(a) The use by an employee, agent and/or indep�ndent coatrac#or 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 touchi�og of the genital or pubic
azea of any employee, agent and/or independent contractor with a person
while st the adult entertainment establishment It sha11 be a"straddle
�ance" regardles.s of whether the "touch" or "touching" occurs while the
employee, age�t andlor independent co�ractor is displaying or exposing
any specified anatomical azea It shall also be a straddle dance regardless
of whether the touch or touchi.ng is direct or through a medium.
(b) The siraddling of the legs of an employee, a�ent and/or independent
contractor over any part of the body of a person other than another
employ�, agent and/or independent contiactor at the aduit entertainment
establishment, regardless of whether there is touch or touching.
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Sec. 78-875. Certain Behavior on premises prohibited. It shall be unlawFul for any person
maintaining, owaing or operating any establishment loca�ed within the Village at
which alcoholic beverages, beer or wine are sold, offered for saie, offered for
consumption or consumed on the premises to suffer or penmit any person to engage
in the following activities on the premises of that establishment:
(a) The actual or simuiated displaying of the genits�ls, 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 areola. The areola is the colored ring around the
nipple.
Sec. 78-876. Regulation of all persons on premises. It shall be unlawfut for any person, while
on the premises of any establishment located within the Village at which alcoholic
beverages, beer or wine are sold, offer�. for sa1e, 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 snus.
@) The actual or simulated displaying by a female of the area of tl�e human
breast at or below the azeola. The areola is the colored ring aruuad the
nipple.
Sec. 7&877. Additional Prolubited acta. It shall be unlawful for an employee, agent and/or
independent contractor of an ad.ult entertainment establishment to commit any of
the following acts or for an operator of an adult entertainment establishment to
knowi.ngly or with reason to kaow, permit, suffer, or allow any employee, agent
and/or independent contractor to commit any of the following acts:
(a) Engage in st�addle dance with a person at the adult entertainment
establishment;
(b) Offer, contract or otherwise agree to engage in a straddle dance with a
person at the adult entertainment establishment;
(c} Eagage in any specified sexual activity at the adult e��tainment
establishment;
(d) Engage in public nudity as defined in Section 7&874 of ttris Code;
(e) Display or expose at the adult entertainment establishment specified
anatomical ai�eas wlule such employee, agent and/or independent contractor
is not continuously positioned at least three feet away from all other persons
or while such employee, agen# and/or independent contractor is not is an
area as described in Section 78-878(d) hereinbelow;
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(� Display or expose spe,cified anatomicai areas at an adult e�tertainment
establishment where aicoholic beverages are sold, offered far sale or
consumed;
(g) DisPlay or e�ose any specified anatomical area while simulating any
specified seazuai activity with any other person at the ad.ult entertainment
establishment;
{h) Engage in a private performance;
(i) Intentionally touch any person at the adult entertainment establishment,
while engaged in the display or e�osure of any specified anatomical azea;
{j) Intentionally touch the clothed or unclothed body of any person at the adult
entertainment establishment, at any point below the waist aad, above the
knee of the person, or to intentionally touch the clothed or unctothed breast
af any female person, or
(k) Expose any specified anatomical area during the employee, agent and/or
independent contractor's bona fide use of a restrornn, 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 Reqnirements for Adnit Entertainment Establishmenta
(a) Locatioa Adu1t entertain.ment es�tablishments as defined h�rein wluch
meet all requirements set forth in this chapter sha11 be permitted onty in the
C-3 General Commercial District and only as a special exception use �nd
shall be located the following minimum distances from other uses:
(1) Another adult entertainment establishment or us�: one thousand fee�t
(1,000').
(2) A church or place of worship: five hundred feet (500�.
(3) An alucational institution: five hundred fee# {SUO').
(4) A public park: five hundred feet (500�.
(5) Existing residence Resideatiatly Zoned and/or real praperiy: five
hundred feet (500')
(b} Measurement. For the puirpose of ineasuring dis�tances in the
determination of locations for adult entertainment establishments and
relaxed accessory uses, as defined herein, all distanees shall be measured
from properly line to ProPertY line in a straight path without regard to
intetvening structures or objects. Location requirements may not be
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V8t1�.
(c) Screen� Reauired. All doors, windows and other building openings to
adult entertainment establishments and related accessory uses sha1l 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) Iater�or reatrictioa�. - In add.ition to the general r�uirements for an adult
entertainment est�blishment, an adult performance establishment sha11:
(1) Have a stage provided for the display or exposure of any specified
anatomical area by an employee, agent and/or independent
contractor to a�rson other than miother employee, agent and/or �
independent agent consisting of a permanent platform (or other
similar permanent stcucture) raised a minimum of thirty-six inches
(36'� above the suaounding floor and encompassing an area. of at
least one hundred (100) square feet; and
(2) Have no areas in which private performances may occur.
(e) t3n-Srte Parking Reauirements. One (1) parking space per each one
hundred (100) square feet of gross floor area is required. Off-site parking
is strictly prolubited.
5ec. 78-879. Enforcement The provisions of this code may be enforced by:
(a) A suit brought by the Village in the circui.t court to resh�in, enjoin, or
prevent a violation of this code; or
(b) enforcement proceedings before the Village Code Enforcemen.t Special
R+iagishate; or
(c) criminal prosecution i€ applicable; or
(d) any other lawfiil means available to the Village.
Sec.78-880. Licensing.
(a) Reauirement - No ad.ult entertainment establishment shall be permitted to
operate without having been first granted an adult entertainment licenss by
the Village Community Development Department under this code.
(b) Classifications - Adult entertainment establishment licenses referred to in
this code sh�alt be classi.fi� as follows:
(1) Adult bookstore;
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(2) Adult theater; or
(3) Adult entertainment establishment.
(c} Singte Classification of license - An adult entertainment license for a
particular adult entertainmeirt establishment sl�all be limited to one
classification of license.
Sec. 78-$Si. ApplicatPion for license; applic�ttian fee; coneent by appficant
(a) Reauired - Any person desiring to operate an adult entertai�ent
establishment shall file with the Village Community Development
Deparlment a sworn license application on standard application forms
supplied by the Village.
(b} Contenb of aonlicadon - The completed application shall contain the
following information and shall be accompanied by the followin�
documents:
(1} If the applicant is:
(i.) An individual, the individuat sball state lris legal name and
aay aliases and submit sa.tisfactory praof that he is 18 years
of age or older; or
(ii.) A partnership, the partn.ership shatl state i#s complete name,
the names and mailing addresses of all partners whether
general or limited, the residence address of a� lesst one
person authorized to a+cc�pt service of process, and provide a
copy of any existing �rtnership agreement; or
(iu.) A corporation, the corporation shall st�.te its complete name,
the date of its incorporation, evidence that this corporation is
in good standing, the names and capacity of all officers,
directors and princi�l stockholders, the name and address
of the registered corparate age�ut for service of pmcess, and
provide a copy of its articies of intmrporation and charter;
(2) If the applicant intends to condwct the adult entertainment
establishment under a name other thaa that of the applicant, the
applicant shall provide evvidence of the adutt entertainment
establishment`s fictitious name registration under Florida Statute
Section 865.09;
(3} Whe�her the applicant ar any of the other individuals listed pursuant
to subsection (b)(1) has, within the five-year period immediately
preceding the date of the applic�tion, been convioted of a felony of
any state or application, been convicted of a felony of any state or of
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the United States or any specified criminal a�ct and, if so, the specific
crime involved, the date of conviction and the place of conviction;
{4) Whe�ther the applicant or any of the o#her individuals Iisted pursuant
to subse�tion (b)(1) vas had a previous license under tlus cflde
suspended or revoked, including the name and location of the a�duit
entertainme�t establishment for wlrich t1� license w�s suspended or
revoked, as well as the date of the suspension or revocation, and
whether the applicant or any other individuals listed pursuant to
subsection (bxl) has been a partaer in a partnership or an o�cer,
directar or principal stockholder of a corporation whose license
under this code has previously been suspended or revoked,
including the name and location of the adult entertainanent
establishment for which the lic�nse was suspended or revoked, as
well as the date of the suspension or revocation;
{5) Whether the a�plicant or any other individuals listed pursuant to
subsection (b�l} holds any other licenses under this code and, if so,
the names and locations of such other licensed adult entertainment
establishments;
(6) The single classification of license for which the applicaat is fil�;
('1} The loca�ion of the proposed adult entertainment establishment,
including a legal description of the property site, aztci a legal sireet
address;
(8) The applicant's mailing addr�ss, business addresses, residential
addr�ss, and bus�iness and residential telephone numbers; and
(9) A site glan drawn to appropriate scate of the proposed adult
entertainment establisl�ment, inclucling, but not limited to:
(i.) All property lines, rights-of-way, and the location of
buildings, Parking azeas and spaces, curb cuts, and
driveways.;
(ii.) All windows, doors, entrances an.d exits, fixed structural
features, walls, stages, partitions, prajection booths,
admission booths, adul.t �oths, concession booths, stands,
counters and similar stiuctures;
(iii.) All proposed impmvements or enlargements to be made,
which shall be indic.ated and caicutated. in terms of
percentage of incre�se in floor size;
(10) A recent photograph of the applicant;
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(11) Fingerprints ofthe applicant; and
{12) The applicant's soeial 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) ADD�CStIOD fee - Each application shall be �cxompanied by a
non refundable, administrative processing fee, the amount of which s�all be
set by resolution of the Village Coun�cil.
(d) Incomnlete annlication - In the event the Village Community
Development Departrnent deternnines or learns at any time tbat the
applicaat has not properly completed the application for a proposed adult
entertainment establishmem, that division shall promptly notify the
applicant of such fact and shall allow the applicatYt ten days to properly
complete the application. (The time period for granting or denying a
licenx shall be stayed during the period in. which the applicant is allowed
an opportunity to properly complete the applica�ron)
(e} Consent - By applying for a license under this code, the applicant shall be
deemed to have consented to the provisions of this code and to the exercise
of their responsibilities under this code by the agents or departmeats of the
Village.
Sec. 7&882. Processing of apptication; investigation; fiad'mg$.
(a} �- Upon receipt of a complete applica�ion properly filed with the
Village Community Development Department and upon payment of the
non-refundable administrative processing fee, the Village Community
Development Department shall immediately stamp the application with the
date it was received and shall immediately thereafter send photocopies of
the applic�tion and all atta+chments to the Police Department, the Bwitcling
Official, and the Fire Depart�ent.
(b) Investisation - Each department and/or individual identified in sub-seCtion
(a) above s�all promptly conduct an investigation of the applicant,
application, and the proposed adult entertainment establishment in.
accordance with this code to determine whether false, incomplete, or
incorrect information was given on the application or whether the proposed
adult e�ntertainment establishment will be in violation of any provision of
this code or of any builcling, fire, health, or zoning statute, code,
ordinance, regulation, lease, deed restriction, or court order.
(c) Fw' dings - Within fourteen (14) days from the date the applica�ion is
stamped "Receiv�" by the Village, each department and/or individual
identified in sub-section (a) above s��all report its findings in writing and
sha11 forward same to the Commtmity Development Director. The vvritten
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report shall state whether any of the depariments andlor individuals find
thax false, incomplete, or incorrect information was given on the applic�tion
or whether the proposed ad.uit entertainmeat establishment will be in
violation of any provision of this code or of any building, fire, health, or
zomn8 stafirte, code, ordinance, regulation, lease, deed restriction, or court
arder. If deemed incomplete, the application sl�ll be rehnned to the
applicant for completion.
(d) Action - Oace deemed complete by the Village Community Development
Department, the application sha11 be placed on the next available agenda. af
the Village Council for ac�ion on the Spe�cial Exception request. An
a�rplication will be deemed graatai if not denied in writing within sixty (60)
days of the date the application vwas deemed complete.
(e) Judicial Revle�w - Denial of an application ma.y be reviewed by the Circuit
Court by petition for common law certiorari submitted within fihirty (30}
days of #he denial.
Sec. 78-883. Annual License F�; Levy. - There is hereby levied an applica.tion processing fee
and an annuallicense fee under tlus Code for adult entertainment establishments;
the amount of which fees shall be established by resolution of the Village Council.
Sec. 78-884. Nonconforming oses. When a nonconforming use of an adult entertainment
establishmem has been discontinued for 9{3 consecu�ive days or more, the
nonconforming use shall be deemed abandoned aad 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 : Each and. every other Section and Subsection of Chapter 78. Zoning. shaIl
remain in full force and effect as previously adopted.
Section 4: All ordinances or parts of ordinances in conflict be and the same are hereby
r'ePealed.
Section 5: Should any section or provision of tlus Ordinance or any portion thereo�
any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affe�t the validity of the remainder af this Ordinance.
Section 6: Specific authority is hereby granted to codify this Ordinance.
Sect�on 7: This Ordinance shall take effect immediately upon passage.
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