Chapter 5.10 ADULT-ORIENTED BUSINESS REGULATIONS

Based on public testimony and other evidence before it, including information, studies and court decisions from other jurisdictions, and in accordance with A.R.S. section 9-461, the town of Taylor makes the following legislative findings and statement of purpose: The town of Taylor recognizes that some activities which occur in connection with adult-oriented businesses are protected as expression under the First Amendment to the United States Constitution. The town of Taylor further recognizes that First Amendment rights are among our most precious and highly protected rights, and wishes to act consistently with full protection of those rights. The town is aware, however, that adult-oriented businesses may and do generate secondary effects which are detrimental to the public health, safety, and welfare. Among these secondary effects are (A) prostitution and other sex-related offenses, (B) drug use and dealing, (C) health risks through the spread of AIDS and other sexually transmitted diseases, and (D) infiltration by organized crime for the purpose of drug- and sex-related business activities, laundering of money and other illicit conduct. This chapter is not intended to interfere with legitimate expression but to avoid and mitigate the secondary effects enumerated above. Specifically, the town of Taylor finds the licensing of persons who operate and manage adult-oriented businesses and persons who provide adult services will further the goals of this chapter by enabling the town to ascertain if an applicant is underage or has engaged in criminal or other behavior of the sort this chapter is designed to limit. This information will enable the town to allocate law enforcement resources effectively and otherwise protect the community. The town of Taylor finds that limiting proximity and contact between adult service providers and patrons promotes the goal of reducing prostitution and other casual sexual conduct and the attendant risk of sexually transmitted diseases. The town of Taylor finds the foregoing to be true with respect to places where alcohol is served and where it is not. The town of Taylor finds that individual and interactive sexual activities in adult video facilities pose a risk of sexually transmitted disease, especially AIDS, and that the booth configuration options of this chapter will reduce that risk. The town of Taylor finds that the harmful secondary effects of adult-oriented businesses are more pronounced when conducted continuously or during late night hours. The fees established for licenses and permits in this chapter are based on the estimated cost of implementation, administration, and enforcement of the licensing program. [Ord. 49 § 2, 1998. Code 1983 § 16-1-1.]

5.10.020 Definitions.

The following words, terms and phrases when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

“Adult arcade” means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to persons involving “specified sexual activities” or “specified anatomical areas.”

“Adult bookstore” or “adult video store” means a commercial establishment which, as one of its principal business purposes, offers for sale or rent for any form of consideration any one or more of the following:

1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations that depict or describe “specified sexual activities” or “specified anatomical areas”; or

2. Instruments, devices, or paraphernalia that are designed for use in connection with “specified sexual activities.”

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing “specified sexual activities” or “specified anatomical areas” and still be categorized as “adult bookstore” or “adult video store.” Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe “specified sexual activities” or “specified anatomical areas.”

“Adult live entertainment establishment” means an establishment which features:

1. Persons who appear in a state of nudity; or

2. Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”; or

3. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”

“Adult motion picture theater” means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are predominantly shown which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”

“Adult-oriented business” means an adult service business including but not limited to an adult arcade, adult bookstore, adult video facility, adult live entertainment establishment, adult motion picture theater, adult theater, massage establishment or nude model studio.

“Adult-oriented business manager” or “manager” means a person on the premises of a sexually oriented business who is authorized to exercise overall operational control of the business.

“Adult service” means dancing, service of food or beverages, modeling, posing, wrestling, singing, reading, talking or listening, or other performances or activities conducted for any consideration in an adult service business by a person who is nude during all or part of the time that the person is providing the service.

“Adult service business” means a business establishment or premises where any adult service is provided to patrons in the regular course of business and is one of its principal business purposes.

“Adult service provider” or “provider” means any person who provides an adult service.

“Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment which predominantly features persons who appear in a state of nudity or live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”

“Adult video facility” means a commercial establishment where, for any consideration, films, motion pictures, video cassette projections, slides, or other visual media characterized by depiction of “specified sexual activities” or “specified anatomical areas” are shown in the regular course of business as a principal business purpose of the establishment. “Adult video facility” does not include a theater where all viewing occurs in a common area with seating for 50 or more persons. This definition includes adult arcades.

“Booth” means a partitioned area, in which coin or token operated video machines, projectors or other electronically or mechanically controlled devices are used in the regular course of business to produce still or moving picture images characterized by depiction of specified sexual activities or specified anatomical areas.

“Cabaret” means a sexually oriented business licensed to provide alcoholic beverages pursuant to a license described in A.R.S. section 4-209.

“Employee” means any person hired, engaged or authorized to perform any service on the premises of an adult service business, including an adult service provider, whether denominated as an employee, independent contractor or otherwise.

“Enterprise” means a corporation, association, labor union or other legal entity, as provided in A.R.S. section 13-105.

“License” means the license required by this chapter as a condition to conducting an adult-oriented business.

“Licensee” means a person or enterprise holding an adult-oriented business license issued under this chapter, including those persons required to provide information under TTC 5.10.060.

“Manager’s station” means a permanently designated area marked accordingly within an adult-oriented business where an adult-oriented business manager is located in the normal course of operations.

“Massage establishment” means any establishment having a place of business where any person, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any massage activities defined as: any method of pressure on, friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of external soft parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol. This definition shall not apply to:

1. Persons authorized by the laws of this state to practice medicine, osteopathy, chiropractic, podiatry, or naturopathy;

2. Registered nurses, licensed practical nurses or technicians, when acting under the supervision of a licensed physician or osteopath;

3. Persons employed or acting as trainers for any bona fide amateur semi-professional or athlete or athletic team;

4. Persons authorized by the laws of this state as barbers or cosmetologists, provided their activity is limited to the head, face, or neck.

“Nude,” “nudity,” or “a state of nudity” means:

1. The appearance of a human anus, male genitals, female genitals, or female breast; or

2. A state of dress which fails to opaquely cover a human anus, male genitals, female genitals, or areola of the female breast.

“Nude model studio” means any place where a person who appears in a state of nudity or who displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. “Nude model studio” shall not include a proprietary school licensed by the state of Arizona or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates education programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:

1. That has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

2. Where in order to participate in a class a student must enroll at least three days in advance of the class; and

3. Where no more than one nude or semi-nude model is on the premises at any one time.

“Patron” means a person invited or permitted to enter and remain upon the premises of an adult-oriented business, whether or not for consideration.

“Permit” means the permit required by this chapter to engage in the activities of an adult service provider or an adult-oriented business manager.

“Police chief” means the town of Taylor police chief or the chief’s designee.

“Semi-nude” means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

“Specified anatomical areas” means the male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals, and may include:

1. Less than completely and opaquely covered:

a. Human genitals, pubic region; and/or

b. Breasts below a point immediately above the top of the areola.

2. Human male genitals in a discernible turgid state, even if completely and opaquely covered.

“Specified sexual activities” means and includes any of the following:

1. Human genitals in a state of sexual stimulation or arousal.

2. Sex acts, normal or perverted, actual or simulated, including acts of human masturbation, sexual intercourse, oral copulation, or sodomy.

3. Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.

4. Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this definition.

“Town” means the town of Taylor.

“Town manager” means the (town of) Taylor town manager or the town manager’s designee. [Ord. 49 § 2, 1998. Code 1983 § 16-1-2.]

5.10.030 Purpose.

The principal purpose of this chapter is to establish licensing procedures for adult-oriented businesses within the town of Taylor. The procedures contained herein are designed to accommodate these types of businesses and facilities while still recognizing the need to promote the public health, safety, and general welfare of the citizens of the town of Taylor. [Ord. 49 § 2, 1998. Code 1983 § 16-1-3.]

5.10.040 Location requirements.

Adult-oriented businesses and facilities, as defined within this chapter, shall be located within the town of Taylor subject to the following:

A. An adult-oriented facility or business shall be considered a conditionally permitted use in the COM zoning district only, and shall be subject to the development standards and procedural guidelines established within TTC Title 18.

B. Adult-oriented businesses and/or facilities shall not be located within 2,500 feet of:

1. A church; or

2. A public or private school; or

3. A public or private day care center, preschool, nursery or similar use; or

4. A public or private park or playground; or

5. Any other adult-oriented business or facility.

C. For purposes of measuring separation distances required in this section, the measurements shall be taken in a straight line from the closest exterior walls of any affected structures without regard to intervening structures or objects or political boundaries.

D. An adult-oriented business lawfully operating is not rendered in violation of these provisions by the subsequent location of a church, public or private school, public or private park, or public or private day care center, preschool, nursery or similar use within 2,500 feet of the adult-oriented business.

E. This provision shall not be construed as permitting any use or act which is otherwise prohibited or made punishable by law. [Ord. 49 § 2, 1998. Code 1983 § 16-1-4.]

5.10.050 Administration.

A. The administration of this chapter, including the duty of prescribing forms, is vested in the town manager, except as otherwise specifically provided. The police chief and other town staff shall render such assistance in the administration and enforcement of this chapter as may be requested by the town manager.

B. License or permit applications made pursuant to this chapter shall be submitted to the town manager who shall grant, deny, suspend, or revoke licenses or permits in accordance with the provisions of this chapter.

C. Licenses issued pursuant to this chapter shall be valid for a period of one year from date of issuance.

D. Permits issued pursuant to this chapter shall be valid for a period of three years from the date of issuance. [Ord. 49 § 2, 1998. Code 1983 § 16-1-5.]

5.10.060 Adult-oriented business – License required.

A. A person or enterprise may not conduct an adult-oriented business without first obtaining an adult-oriented business license pursuant to this chapter. The license shall state the name of the license holder, the name, address and phone number of the licensed premises, and the dates of issuance and expiration of the license.

B. An adult-oriented business for which a license has been issued pursuant to this chapter may conduct business only under the name or designation specified in the license.

C. A licensee shall conduct business only at the address shown on the license. Each additional place of business shall require a separate license.

D. An adult-oriented business license shall be displayed on the premises in such a manner as to be readily visible to patrons. [Ord. 49 § 2, 1998. Code 1983 § 16-1-6.]

5.10.070 Application for adult-oriented business license.

A. An applicant for an adult-oriented business license shall file at the office of the town manager an application, signed under oath by the applicant and notarized, accompanied by the fee required under TTC 5.10.220. An applicant or other person whose fingerprints and photograph are required under subsection (C) of this section may, at his option, be photographed and fingerprinted at the office of the police chief or other law enforcement agency not later than close of business on the first business day after filing of an application and payment of required fees. An application shall be deemed complete when the town manager has received the required fees, all information required in subsection (C) of this section, photograph and fingerprints of the applicant and, in the case of a corporation or other business organization, photograph and fingerprints of all persons for whom information is required under subsection (C) of this section. The purpose for obtaining these fingerprints is to obtain a state and federal records check. The police chief and the department of public safety are authorized to exchange this fingerprint data with the Federal Bureau of Investigation.

B. Fingerprints and photograph, if not taken at the office of the police chief, shall be taken by a law enforcement agency and accompanied by a notarized verification by that agency.

C. The application shall include the information called for in subsections (C)(1) through (9) of this section. If the applicant is an enterprise, it shall designate an officer or partner as applicant. In such case, in addition to the information required in subsections (C)(1) through (9) of this section for the applicant, the application shall include the state and date of formation of the organization and the information called for in subsections (C)(2) through (6) of this section with respect to each officer, director, general partner, and all other persons with authority to participate directly and regularly in management of the business; provided, that, such information need not be provided with respect to attorneys, accountants, and other persons whose primary function is to provide professional advice and assistance to the licensee.

1. The name, business location, business mailing address and phone number of the proposed adult-oriented business establishment.

2. The applicant’s full true name and other names, aliases or stage names used in the preceding five years.

3. The applicant’s current residential mailing address and telephone number.

4. Written proof of age of the applicant, in the form of a birth certificate, current driver’s license with picture, or other picture identification document issued by a governmental agency.

5. The issuing jurisdiction and the effective dates of any license or permit relating to an adult-oriented business or adult service, whether any such license or permit has been revoked or suspended, and, if so, the reason or reasons therefor.

6. All criminal charges, complaints or indictments in the preceding three years which resulted in a conviction or a plea of guilty or no contest for an “organized crime and fraud” offense under A.R.S. title 13, chapter 23, a “prostitution” offense under A.R.S. title 13, chapter 32, a “drug offense” under A.R.S. title 13, chapter 34 or a “sexual offense” under A.R.S. sections 13-1401 through 1406 or under A.R.S. sections 13-1410, 13-1412 and 13-1417 or for conduct in another jurisdiction which if carried out in Arizona would constitute an offense under one of the statutory provisions enumerated in this subsection.

7. The name and address of the statutory agent or other agent authorized to receive service of process.

8. The names of the adult-oriented business manager(s) who will have actual supervisory authority over the operations of the business.

9. An accurate, to scale, but not necessarily professionally drawn, floor plan of the business premises and, in an application for an adult service business license, also clearly indicating the location of one or more manager’s stations.

D. The information provided pursuant to subsections (C)(5) and (6) of this section shall be supplemented in writing by certified mail to the town manager within 10 working days of a change of circumstances which would render the information originally submitted false or incomplete.

E. The police chief shall investigate and confirm all information supplied by the applicant. [Ord. 49 § 2, 1998. Code 1983 § 16-1-7.]

5.10.080 Adult-oriented business manager permit.

A. A person may not serve as an adult-oriented business manager unless the person has first secured an adult-oriented business manager permit under this section.

B. Application for an adult-oriented business manager permit shall be made in the same manner as an application for an adult business license, except that the applicant need provide only the information called for in TTC 5.10.070(C)(2) through (6). [Ord. 49 § 2, 1998. Code 1983 § 16-1-8.]

5.10.090 Adult service provider permit.

A. A person may not work as an adult service provider unless the person has first obtained an adult service provider permit under this section.

B. Application for an adult service provider permit shall be made in the same manner as an application for an adult-oriented business license except that the applicant need provide only the information called for in TTC 5.10.070(C)(2) through (6). [Ord. 49 § 2, 1998. Code 1983 § 16-1-9.]

5.10.100 Confidentiality.

The information provided by an applicant in connection with the application for a license or permit under this chapter shall be maintained by the town manager, and subject to the public record laws of the state of Arizona. [Ord. 49 § 2, 1998. Code 1983 § 16-1-10.]

5.10.110 Grant or denial of license or permit.

A. Within 45 days after receipt of an application for an adult-oriented business license, the town manager shall mail to the applicant a license or a notice of intent to deny. If the town manager fails to do so, the license shall be deemed granted.

B. Upon receipt of an application for an adult-oriented business manager permit or an adult service provider permit, payment of the required fees and completion of photograph and fingerprinting requirements of this chapter, the town manager shall issue to the applicant a temporary permit. Within 30 days after issuance of a temporary permit, the town manager shall mail to the applicant a regular permit or a notice of intent to deny.

C. The issuance of any license, permit or temporary permit does not waive any right of town to revoke, deny or suspend for any defect, omission or misrepresentation in the application.

D. The town manager shall grant the license or permanent permit to an applicant who has completed all requirements for application, unless the town manager finds any of the following conditions noted below. For purposes of this subsection, a person required to submit information pursuant to TTC 5.10.060 shall be deemed an applicant.

1. The application is incomplete or contains a misrepresentation, false statement or omission.

2. The applicant has failed to comply with applicable zoning or other land use ordinances of the town, relating to the business or activity to be carried out under the license or permit or is delinquent in payment of any town taxes, fees or other payments due in connection with such business or activity.

3. The applicant is not at least 18 years of age.

4. The applicant, or other person required to provide information under TTC 5.10.060(C), in the past three years has been convicted or pled guilty or no contest with respect to a felony violation or two misdemeanor violations of one or more offenses in the categories stated in TTC 5.10.060(C).

5. Within the past two years, a license or permit under this chapter held by an applicant, or other person required to provide information pursuant to TTC 5.10.060(C), has been revoked, or a similar license in another jurisdiction has been revoked on the basis of conduct which would be a ground for revocation of a license or permit issued under this section if committed in the town. [Ord. 49 § 2, 1998. Code 1983 § 16-1-11.]

5.10.120 Nontransferability.

Licenses and permits issued under this chapter are nontransferable. [Ord. 49 § 2, 1998. Code 1983 § 16-1-12.]

5.10.130 Adult service provider and adult-oriented business manager work identification card.

The town manager shall provide to all adult service providers and adult-oriented business managers a work identification card. The card shall contain a photograph of the permittee, the number of the permit issued to that permittee, and the date of expiration of the permit. [Ord. 49 § 2, 1998. Code 1983 § 16-1-13.]

5.10.140 Adult service business operating requirements.

A. A person employed or acting as an adult service provider or manager shall have a valid permit issued pursuant to the provisions of this chapter. A permit or a certified copy thereof for each manager or provider shall be maintained on the premises in the custody of the manager at all times during which a person is serving as a provider or manager on the premises. Such permits shall be produced by the manager for inspection upon request by a law enforcement officer or other authorized town of Taylor official.

B. An adult service business shall maintain a daily log of all persons providing adult services on the premises. The log shall cover the preceding 12-month period and shall be available for inspection upon request by a law enforcement officer during regular business hours.

C. A person below the age of 18 years may not observe nor provide an adult service.

D. A person may not provide an adult service in an adult service business except upon a stage elevated at least 18 inches above floor level. All parts of the stage, or a clearly designated area thereof within which the adult service is provided, shall be a distance of at least three feet from all parts of a clearly designated area in which patrons may be present. The stage or designated area thereof shall be separated from the area in which patrons may be located by a barrier or railing the top of which is at least three feet above floor level. A provider or patron may not extend any part of his or her body over or beyond the barrier or railing.

E. An adult service provider, in the course of providing an adult service, may not perform a “specified sexual activity.”

F. Adult services may not be provided between the hours of 1:30 a.m. and 6:00 a.m. or between 1:30 a.m. and 12:00 p.m. on Sunday.

G. An adult service may not be provided in any location which is not visible by direct line of sight at all times from a manager’s station located in a portion of the premises which is accessible to patrons of the adult service business.

H. An adult service provider shall wear his or her adult service provider work identification card at all times while on the premises except while providing an adult service. The card shall be affixed to clothing on the front of the person and above waist level so that the picture and permit number are clearly visible to patrons.

I. An adult-oriented business manager shall be on the premises of an adult service business at all times during which any adult service is provided on the premises. The manager shall wear his or her identification card in the manner described in subsection (H) of this section.

J. An employee may not touch the breast, buttocks, or genitals of a patron, nor may a patron touch the breast, buttocks, or genitals of an employee.

K. A sign, in a form to be prescribed by the town manager, summarizing the provisions of subsections (C), (D), (J), and (L) of this section shall be posted near the entrance of an adult service business in such a manner as to be clearly visible to patrons upon entry.

L. A patron may not place any money on the person or in or on the costume of an adult service provider while the adult service provider is nude.

M. A manager or licensee may not knowingly permit or tolerate a violation of any provision of this section.

N. With respect to a cabaret, the requirements of this section shall apply to the extent that they are not in conflict with specific statutory or valid regulatory requirements applicable to persons licensed to dispense alcoholic beverages. [Ord. 49 § 2, 1998. Code 1983 § 16-1-14.]

5.10.150 Adult video facility – Operating requirements.

A. An adult video facility shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one foot-candle, as measured at the floor level.

B. Each booth shall either: (1) be configured in such a way that allows persons patrolling the area outside the booth to observe from outside the booth the activities of any occupant in the interior of the booth, or (2) if not so configured, be equipped with a mirror or other device which allows persons patrolling the area outside the booth to observe from outside the booth the activities of any occupant in the interior of the booth.

C. An adult-oriented business manager shall be on the premises of an adult video facility at all times that the facility is open for business. The manager shall wear his or her identification card in the manner described in TTC 5.10.140(H).

D. A patron may not engage in specified sexual activities on the premises of an adult video facility.

E. A booth or viewing area shall not have any hole or aperture in any wall separating that booth or viewing area from another.

F. A manager or licensee may not knowingly permit or tolerate a violation of any provision of this section. [Ord. 49 § 2, 1998. Code 1983 § 16-1-15.]

5.10.160 Inspection of premises and records.

The manager shall permit law enforcement officers or other authorized officials of the town to inspect the premises upon request during regular business hours. [Ord. 49 § 2, 1998. Code 1983 § 16-1-16.]

5.10.170 Suspension of license or permit.

The town manager shall suspend a license or permit for a period of 10 days if the licensee or permittee is convicted of violating a provision of this chapter. [Ord. 49 § 2, 1998. Code 1983 § 16-1-17.]

5.10.180 Revocation of license or permit.

The manager shall revoke a license or permit issued pursuant to this chapter if the licensee or permittee:

A. Is convicted of three or more violations of this chapter in any 12-month period.

B. Is convicted or pleads guilty or no contest to an offense stated in TTC 5.10.060(C).

C. Is determined to have filed inaccurate information required under TTC 5.10.100(D). [Ord. 49 § 2, 1998. Code 1983 § 16-1-18.]

5.10.190 Procedures for denial, revocation, nonrenewal or suspension – Appeal.

If the town manager determines that grounds exist for denial, suspension, or revocation of a license or permit under this chapter, he/she shall notify the applicant, licensee or permittee (respondent) in writing of his/her intent to deny, suspend, or revoke, including a summary of the grounds therefor. The notification shall be by certified mail to the address on file with the town manager. Within 10 working days of receipt of such notice, the respondent may provide to the town manager in writing a response which shall include a statement of reasons why the license or permit should not be denied, suspended, or revoked and may include a request for a hearing. If a response is not received by the town manager in the time stated, the notification shall be the final administration action of denial, suspension or revocation and notice of such will be sent to the permittee or licensee within five working days after expiration of the period for submitting a response. Within five working days after receipt of a response, the town manager shall either withdraw the intent to deny, suspend, or revoke, and send notification of the withdrawal to the respondent in writing by certified mail, or shall schedule a hearing before the hearing officer and shall send notification to the respondent in writing by certified mail of the date, time, and place of the hearing. If the town manager fails to send a timely notification either withdrawing the intent or scheduling a hearing, the intent to deny, suspend or revoke shall be deemed withdrawn. The hearing, if requested, shall be scheduled not less than 15 nor more than 30 working days after receipt by the town manager of the request for a hearing. The hearing shall be conducted in an informal manner. The respondent may be represented by counsel. If respondent is represented by counsel, attorneys’ fees shall be at the expense of respondent. The rules of evidence shall not apply. Respondent shall have burden of proving by clear and convincing evidence that the denial, suspension, or revocation was arbitrarily capricious and an abuse of discretion. The hearing officer shall render a written decision within five working days after completion of the hearing and shall mail a copy of the decision by certified mail to the address of the respondent on file with the town manager. If more than 45 days elapse between receipt by the town manager of a request for a hearing and mailing by the hearing officer of a final decision to the respondent, a decision in favor of the applicant, licensee or permittee shall be deemed to have been rendered. In the case of an intent to revoke, suspend or not renew a license or permit, or to deny a regular permit, the permittee or licensee may continue to function under the license or permit pending receipt of the final decision of the hearing officer. The decision shall be final at the end of five working days after it is mailed and shall constitute final administrative action. [Ord. 49 § 2, 1998. Code 1983 § 16-1-19.]

5.10.200 Judicial appeal.

Final administrative action to deny, revoke, or not renew a license or permit may be appealed to the superior court by special action or other available procedure within 35 days after receipt of written notice of the decision. The town shall consent to expedited hearing and disposition. If a permittee or licensee pursues a judicial appeal from a final administrative action, that permittee or licensee may continue to function under the license or permit pending completion of judicial review. [Ord. 49 § 2, 1998. Code 1983 § 16-1-20.]

5.10.210 License and permit renewal.

A. A license or permit may be renewed by filing an application for renewal in writing with the town manager. The application shall contain the information required to be submitted with an original application, including fingerprints and a photograph; provided, that a renewal application need not contain any other information that has been provided in a previous application and has not changed since the time of the most recent application. An application for license renewal shall be received by the town manager not less than 45 days before the expiration of the license. An application for permit renewal shall be received by the town manager before expiration of the permit.

B. The town manager may deny an application for renewal for the reasons and in accordance with the procedures set forth in TTC 5.10.110. [Ord. 49 § 2, 1998. Code 1983 § 16-1-21.]

5.10.220 Fees.

A. An original application for an adult-oriented business license shall be accompanied by a nonrefundable application fee in the amount of $500.00 and by a license fee in the amount of $500.00. The license fee will be refunded if the license is denied. An application for renewal shall be accompanied by the amount of the license fee.

B. An application for issuance or renewal of an adult service provider permit shall be accompanied by a nonrefundable fee of $100.00.

C. An application for issuance or renewal of an adult-oriented business manager permit shall be accompanied by a nonrefundable fee of $150.00.

D. A duplicate or certified copy of a license, permit or identification card shall be issued by the town manager upon payment of a fee of $10.00.

E. A fee of $25.00 shall be paid to the relevant agency at the time of fingerprinting for each set of fingerprints to be provided under TTC 5.10.070. [Ord. 49 § 2, 1998. Code 1983 § 16-1-22.]

5.10.230 Other regulations.

A license or permit required by this chapter is in addition to any other licenses or permits required by the town of Taylor, county or the state to engage in the business or occupation. Persons engaging in activities described in this chapter shall comply with all other ordinances and laws, including TTC Title 18, Zoning, as may be required, to engage in a business or profession. [Ord. 49 § 2, 1998. Code 1983 § 16-1-23.]

5.10.240 Penalty.

A. Violation of any requirement or prohibition stated in this chapter is a Class 2 misdemeanor, punishable upon conviction by a fine of not more than $750.00 or by imprisonment for not more than four months. With respect to a violation that is continuous in nature, each day that the violation continues shall constitute a separate offense.

B. In addition to other penalties, an adult-oriented business which operates without a valid license shall constitute a public nuisance which may be abated in a manner provided by law. [Ord. 49 §§ 2, 4, 1998. Code 1983 § 16-1-24.]

5.10.250 Applicability.

This chapter shall apply to all persons engaging in the activities described herein, whether or not such activities were commenced prior to the effective date of the ordinance codified in this chapter. Persons so engaged as of the effective date of the ordinance codified in this chapter shall be in full compliance with this chapter, including receipt of any required license or permit, within 180 days after the effective date of the ordinance codified in this chapter. [Ord. 49 § 2, 1998. Code 1983 § 16-1-25.]

5.10.260 Severability.

Each section and each provision or requirement of any section of this chapter shall be deemed severable and the invalidity of any portion of this chapter shall not affect the validity or enforceability of any other portion. [Ord. 49 § 2, 1998. Code 1983 § 16-1-26.]

Prior legislation: Ord. 58.