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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 -2- 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 r 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- -3- 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 -4- 233 i 2 3 4 5 6 8 9 10 11 12 13 14 _5 . J '1 22 23 24 25 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 -5- 299 passage by the City Council of the City of Tamarac, Florida. PASSED AND ADOPTED first reading this PASSED AND ADOPTED second reading this I ATTEST: �-j kLA� !&.{CITY CLERK I HERESY CERTIFY that I have approved the form and correctness of this ORDINANCE ra" 1 LJ RECORD OF COUNCIL VOTE MAYOR: �. DISTRICT 1: �-Q1- DISTiRICT 2: DISTRICT 3: DISTRICT 4: c�•�-�ti WOE