City Council Ordinance 219ORDINANCE AMENDMENT NO. 219
THE CITY COUNCIL OF MONTICELLO HEREBY ORDAINS THAT TITLE 3 OF THE
MONTICELLO CITY ORDINANCE RELATING TO BUSINESS REGULATIONS BE
AMENDED BY ADDING THE FOLLOWING CHAPTER:
CHAPTER 13
LICENSING OF ADULT USE BUSINESSESES
SECTION:
3-13-1: License Requirements
3-13-1: LICENSE REQUIREMENTS:
(A) No person, firm, partnership, or corporation shall operate an
adult use, either principal or accessory, without having first
secured a license as hereinafter provided. Licenses shall be
one of two types:
1. Adult Use/Accessory
2. Adult Use/Principal
(B) Application: In addition to such information the City Council
may require, the application shall also include:
1. If the applicant is an individual, the name, residence,
phone number, and birthdate of the applicant. If the
applicant is a partnership, the name, residence, phone
number, and birthdate of each general and limited
partner. If the applicant is a corporation, the names,
residences, phone numbers, and birth dates of all those
persons holding more than five (5) percent of the issued
and outstanding stock of the corporation.
2. The name, address, phone number, and birthdate of the
manager of such operation, if different from the owners.
3. The premises where the adult use is to be located within
the entire building.
4. A statement detailing any felony convictions by the
applicant and whether or not the applicant has ever
applied for or held a license to operate a similar type
of business in other communities. In the case of a
corporation, a statement detailing any felony convictions
by the owners of more than f ive ( 5 ) percent of the issued
and outstanding stock of the corporation, and whether or
Ordinance Amendment No. 219
Page 2
not those owners have ever applied for or held a license
to operate a similar type of business in other
communities.
5. The activities and types of business to be conducted.
6. The hours of operation.
7. The provisions made to restrict access by minors.
8. A building plan of the premises detailing all internal
operations and activities.
(C) License Fees:
1. Each application for a license shall be submitted to the
City Administrator and payment made to the City of
Monticello. Each application for a license shall be
accompanied by payment in full of the required fee for
the license. All fees shall be paid into the general
fund. Upon rejection of any application for a license,
the City of Monticello shall refund the amount paid
except for that cost to investigate the applicant.
2. All licenses shall expire on the last day of December in
each year. Each license shall be issued for a period of
one (1) year, except that if a portion of the license
year has elapsed when the application is made, a license
may be issued f or the remainder of the year for a prorate
fee. In computing such fee, any unexpired fraction of a
month shall be counted as one (1) month.
3. The annual fee for an adult use/accessory shall be $250.
The annual fee for an adult use/principal license shall
be $1,000.
4. No part of the fee paid by any license issued under this
ordinance shall be refunded except in the following
instances upon application to the City Administrator
within thirty (30) days from the happening of the event.
There shall be refunded a prorata portion of the fee for
the unexpired period of the license, computed on a
monthly basis, when operation of the licensed business
ceases no less than one ( 1) month before expiration of
the license because of:
a. Destruction or damage of the licensed premises by
fire or other catastrophe.
Ordinance Amendment No. 219
Page 3
b. If the licensee is an individual, the licensee's
disabling illness. If the licensee is a
partnership, the disabling illness of any general
partner. If the licensee is a corporation, the
disabling illness of any shareholder or
shareholders who in the aggregate hold fifty (50)
percent or more of the issued and outstanding
shares of the corporation.
C. If the licensee is an individual, the licensee's
death. If the licensee is a partnership, the death
of any general partner. If the licensee is a
corporation, the death of any shareholder or
shareholders who in the aggregate hold fifty (50)
percent or more of the issued and outstanding
shares of the corporation.
d. A change in the legal status making it unlawful for
the licensed business to continue.
(D) Granting of License:
1. The City Council shall investigate all facts set out in
the application and hold a public hearing within forty-
five (45) days after the City Administrator receives the
application. Opportunity shall be given to any person to
be heard for or against the granting of the license.
After such investigation and administrative hearing, the
City Council shall grant or refuse the application. The
City shall grant or refuse the application within forty-
five (45) days after the public hearing has closed.
2. Each license shall be issued to the applicant only and
shall not be transferable to another holder. Each
license shall be issued only for the premises described
in the application. No license may be transferred to
another premise without the approval of the City Council.
If the licensee is a partnership or a corporation, a
change in the identity of any of the principals of the
partnership or corporation shall be deemed a transfer of
the license. All adult uses existing at the time of the
ordinance adoption shall be required to obtain an annual
license.
(E) Persons Ineligible for License:
No license shall be granted to or held by any person:
1. Under twenty-one (21) years of age.
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Page 4
2. (a) Who has been convicted of any of the following
felonies, or a shareholder, director, officer, or
partner of which has been convicted of any of the
following felonies:
1. Homicide,
2. Assault,
3. Any felony relating to controlled substances,
4. Kidnapping,
5. Robbery,
6. Any felony relating to prostitution,
7. Criminal sexual conduct,
8. Incest,
9. Malicious punishment of a child,
10. Receiving stolen property,
11. Any felony relating to gambling,
12. Any felony relating to dangerous weapons
and/or firearms,
13. Any felony in which a dangerous weapon or
firearm was used,
14. Any other felony involving moral turptitude.
(b) The City Council may waive the provisions of
subsection (E)2(a) with respect to an adult
use/accessory license and grant an adult use/
accessory license to a person, partnership, or
corporation a principal or principals of which have
been convicted of a felony or felonies. In
deciding whether to make such a waiver, the City
Council shall consider:
1. The number of felony convictions;
2. The nature of the felony or felonies;
3. The length of time that has passed since the
conviction or convictions;
4. Whether the license is for a use that existed
prior to the effective date of this ordinance.
3. Who is not the proprietor of the establishment for which
the license is issued.
(F) Places Ineligible for License:
1. No license shall be granted for adult uses on any
premises where a licensee has been convicted of a
violation of this chapter, or where any license hereunder
has been revoked for cause, until one (1) year has
elapsed after such conviction or revocation.
ordinance Amendment No. 219
Page 5
(G)
2. Except for uses lawfully existing at the time of this
ordinance adoption, no license shall be granted for any
adult use which is not in compliance with the City's
zoning regulations.
Conditions of License:
1. Every license shall be granted subject to the conditions
in the following subdivisions and all other provisions of
this chapter, and of any applicable sections of the Code
of the City of Monticello or state law.
2. All licensed premises shall have the license posted in a
conspicuous place at all times.
3. In the case of an adult use/principal, no minor shall be
permitted on the licensed premises unless accompanied by
his/her parent or legal guardian.
4. Any designated inspection officer of the City of
Monticello shall have the unqualified right to enter,
inspect, and search the premises of a licensee during
business hours.
5. Every licensee shall be responsible for the conduct of
his/her place of business and shall maintain conditions
of order.
6. No adult goods and/or services shall be offered, sold,
transferred, conveyed, given, displayed, or bartered to
any minor.
(H) Penalty:
1. Any person violating any provision of this ordinance is
guilty of a misdemeanor and upon conviction shall be
punished not more than the maximum penalty for a
misdemeanor as prescribed state law.
2. Any violation of this ordinance shall be a basis for the
suspension or revocation of any license granted
hereunder. In the event that the City Council proposes
to revoke or suspend the license, the licensee shall be
notified in writing of the basis for such proposed
revocation or suspension. The Council shall hold a
public hearing for the purpose of determining whether to
revoke or suspend the license, which public hearing shall
be within forty-five (45) days of the date of the notice.
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Page 6
The City Council shall determine whether to suspend or
revoke the license within forty-five (45) days after the
close of the hearing and shall notify the licensee of its
decision within that forty-five (45) day period.
(I) Right of Appeal: Any applicant whose application for an adult
use license is denied, or any licensee whose license is
revoked or suspended, may appeal such denial, revocation, or
suspension to the District Court of the County of Wright
within 30 days after the denial, revocation, or suspension of
such license.
Adopted this 27th day of January,
cpt'4- IJA4Z�
City AdminiQ rator
7
1992.
Mayor
Published in the Monticello Times on 2/6/92.