HomeMy WebLinkAboutCity of Tamarac Ordinance O-1979-027Introcuced by: �'/�1 Temp. # 6
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0 - % q-J- %
AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA, AMENDING
CHAPTER 14 OF THE TAMARAC CITY CODE TO ESTABLISH SPECIAL
LICENSING PROCEDURES AND REQUIREMENTS FOR ADULT ENTERTAIN-
MENT BUSINESSES; PROVIDING FOR A DEFINITION OF ADULT
ENTERTAINMENT BUSINESSES; PROVIDING FOR APPLICATION RE-
QUIREMENTS; PROVIDING FOR THE MANNER OF GRANTING SUCH
LICENSES; PROVIDING FOR REGULATORY FEES FOR SUCH USES;
PROVIDING FOR THE VERIFICATION AND TRANSFER OF SUCH
LICENSES; PROVIDING PENALTIES FOR VIOLATION; PROVIDING
FOR CODIFICATION; PROVIDING FOR REPEAL OF ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY OF INVALID PROVISIONS; AND PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That Chapter 14 of the Tamarac City Code be and it is
hereby amended to add and create a new section to read and provide as follows:
1. No person, firm or corporation may operate an adult entertainment
business, as defined within'the City Code, without first applying for and
receiving an adult entertainment license to engage in such activity from the
City of Tamarac. The license required by this section shall be in addition
to and not satisfied by any other occupational license which may be held,
obtained or required of such persons, firms or corporation, nor shall it be
satisfied by any other state or county license.
2. Applications for a license to operate an adult entertainment
business shall be made to the City of Tamarac upon such form and in such
manner as shall be prescribed by this City, said form to elicit the following
information and such other information as may be required by the City from
time to time.
a. The name of the applicant for a license under this section,
if an individual, or in the case of a firm, corporation, partnership, associa-
tion or organization, any person having managerial control or a material
interest therein. For the purposes of this ordinance, a material interest
means direct or indirect ownership of more than five percent (5%) of the
total assets -or capital stock of any business entity. If one or more of the
stockholders having a material interest in the applicant business entity is
itself a corporation, said requirement shall extend to any officer, director or
shareholder owning a material interest in said business entity. All such persons
must include their business address and name on the application form.
b. Penal History. The criminal record, if any, other than mis-
demeanor traffic violations of the applicant or any person specified in
subsection a. above. The same information shall be provided for all employees of
the applicant on a continuing basis during the life of its adult entertainment
business license.
C. Business History. Whether the applicant has operated or
applied to operate an adult entertainment type of business in this or any other
state and, if so, whether the franchise, permit or license for such business has
ever been denied, revoked or suspended, and if so, the reasons therefor, and
the business activity or occupation of the applicant subsequent to such denial,
revocation or suspension.
d. Existence of Business Entity. if applicant is a corporation,
applicant shall submit proof of incorporation in good standing in the state of
incorporation and, if a foreign corporation, applicant shall provide information
certifying that applicant is qualified to do business in the State of Florida.
If applicant is operating under a fictitious name, applicant shall submit proof
that it has registered such fictitious name and is entitled to its use.
e. The business, occupation or employment of the applicant, if
an individual, or any other individual specified in subsection a. above, for
the three (3) years immediately preceding the date of application.
f. A statement of the specific and exact nature of the business
to be,conducted. The applicant for a license shall provide a statement clearly
specifying the type of business to be conducted and if merchandise is to be sold,
a description of such merchandise. Applicant must further provide such other
information as to its business intent and purpose as the City may require to
properly process this application.
g. Signature of application and manner of submission. An
application for a licenseAfor an adult entertainment business shall be signed
by L'he individual submitting the application, and, in the case of a corporation,
by the president and secretary thereof, and in the case of a partnership or
other association, by all members of the partnership or association. All
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I applicants shall sign a statement swearing and affirming that they will conduct
2 business in a lawful manner and they will observe all ordinances of the City of
3 Tamarac and Broward County, and all laws of the State of Florida and the United
4 States of America. The completed application shall be submitted to the City
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r 5 Manager and shall be accompanied by a fee of One Hundred ($100.00) Dollars.
6 Upon receipt of a completed application, the City Manager shall furnish such
7 application to the Chief of Police of the City of Tamarac and such other
8 appropriate departments as he deems necessary for review and the preparation
9 of a Certificate of Approval.
10 h. Standards for issuance of licenses. Based upon the informa-
1 1 tion obtained by the City in the processing of the application, the City Manager
12 shall either grant or deny the license, based upon compliance with the following
13 standards:
14 (1) That the applicant and the principals involved in the
15 affairs of the applicant are of good moral character.
16 (2) That, upon the information available, the City Manager
C 17 believes that the applicant will conduct the business in accordance with the
18 ordinances of the City of Tamarac and Broward County, and the laws of the State
19 of Florida and the United States of America.
20 (3) That no material false statements or information has
21 been provided by the applicant.
22 (4) Whether the applicant, if an individual, or any of the
23 other persons specified in section a. above, has been convicted, pleaded guilty,
24 pleaded nolo contendere, or suffered'a forfeiture for any criminal offense
25 directly related to the nature of the occupation, profession or business for
26 which the license is sought; provided, however, that any such persons who
27 have had their civil rights restored shall only be denied a license if such
28 crime was a felony or a first degree misdemeanor.
29 3. Denial of License. Should the City Manager deny an application
30 for an adult entertainment business license, he shall notify the applicant of
1 such denial by certified mail not later than ten (10) days after taking such
32 action. The notice of denial shall contain a statement of the reason why the
33 application was denied.
34 4. Appeal from Denial of License. An applicant for an adult enter-
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tainment business license may appeal the denial of such license to the City
Council. Should an applicant seek an appeal from the denial of their license,
the applicant shall furnish a written request for an appeal to the City Clerk
not later than ten (10) days after the date of the certified letter advising
applicant of the denial of the license. Upon receipt of a written request for
an appeal, the City Clerk shall fix the date, and time at which the City Council
shall hear the appeal, said hearing to be held no less than ten (10) nor more
than sixty (60) days subsequent to the date upon which said request for appeal
was filed with the City Clerk. On setting the matter for hearing, the City
Clerk shall notify the applicant of the date and time of such hearing. At
the conclusion of the hearing, the City Council shall either sustain the
decision of the City Manager or direct the City Manager to issue a license.
5. Regulatory Fee. Each and every licensee shall pay an annual
regulatory fee in the amount of $500.00. Such regulatory fee shall be in
addition to any required occupational licenses.
6. Transfer of License Prohibited. An adult entertainment business
license issued under the provisions of this ordinance may not be assigned or
transferred without the consent of the City Council.
7. Information to be Filed with the City. Each month during the
term of a license, each licensee shall supply the City with the following
information, such information to be provided on the form and in the manner
prescribed by the City:
a. A statement of the names of all employees of licensee.
b. A statement as to�whether any arrests have occurred upon
the licensed premises and if so, the date of such arrest, the person arrested
and the offense with which that person was charged.
C. Any material change in any of the information required
pursuant to the original application for the license.
8. Revocation of License. The violation of any of the terms and
conditions of this section or the violation of any ordinance of the City of
Tamarac or Broward County, or the violation of the laws of the State of
Florida or the United States of America as they pertain to the conduct of
the licensed business shall be cause for revocation of the license. If at
any time during the period for which the license is issued it is determined
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that any statement contained in the application or otherwise provided by the
applicant upon which the license was issued, is untrue or in the event the
person to whom such license is issued or an employee of such person has violated
the ordinances of the City of Tamarac or Broward County, or the laws of the
State of Florida or the United States of America in the practice of the business
for which the license was issued, the license shall be subject to revocation.
City Manager may revoke a license for an y violation of the aforementioned and he
may immediately declare such license nuJ..l..an.d...void. ..Upon such declaration,
licensee shall immediately cease all 'operations and shall be considered as
having forfeited said license and the rights acquired thereunder. Should the
City Manager decide to revoke a license, he shall provide the licensee with
notice of such revocation and the reasons therefor. Upon receipt of such notice,
the licensee may appeal such revocation to the City Council, and the appeal and
hearing thereon shall be conducted in accordance with the procedures set forth
for the denial of'a license. The revocation of the license shall be stayed,
pending such appeal unless the City Council, after hearing, determines that the
public health, safety, and welfare would be threatened by a stay of such
revocation pending full hearing.
9. Unlawful to Operate Adult Entertainment Business Without a License.
It shall be unlawful for any person, firm or corporation to conduct an adult
entertainment business within the City limits of the City of Tamarac without
obtaining a license for such business pursuant to this chapter.
10. Upon conviction of a violation of this chapter, punishment shall
be as provided in Section 1-6 of the Code of the City of Tamarac, Florida.
SECTION 2: Specific authority is hereby granted to codify this
ordinance.
SECTION 3: All ordinances or parts of ordinances, and all resolutions
or parts of resolutions in conflict herewith, be and the same are hereby repealed.
SECTION 4: In the event that any section or provision of this ordinance
or any portion thereof, any paragraph, sentence or word be declared by a Court
of competent jurisdiction to be, invalid, such decision shall not affect the
validity of the remainder hereof as a whole or part thereof other than the part
declared to be invalid.
SECTION 5: This ordinance shall take effect immediately upon final
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passage by the City Council of the City of Tamarac, Florida.
PASSED AND ADOPTED first reading this
PASSED AND ADOPTED second reading this
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ATTEST:
�-j kLA�
!&.{CITY CLERK
I HERESY CERTIFY that I
have approved the form and
correctness of this ORDINANCE
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RECORD OF COUNCIL VOTE
MAYOR: �.
DISTRICT 1: �-Q1-
DISTiRICT 2:
DISTRICT 3:
DISTRICT 4: c�•�-�ti
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