§ 10-30. Permits for adult entertainment establishments.

(a)

Permit required. It shall be unlawful for any person, association, partnership or corporation to engage in, conduct or carry on in or upon any premises within the city any adult entertainment establishment as defined in this article without a permit to do so. No permit so issued shall condone or make legal any activity thereunder if the same is deemed illegal or unlawful under the laws of the State of Georgia or the United States.

(b)

Permit application. Each applicant for an adult entertainment establishment permit shall file, in person, with the community development department on the form provided by the city an application that contains at least the following information:

(1)

The full true name and any other names used by the applicant;

(2)

The present address and telephone number of the applicant;

(3)

The previous addresses of the applicant, if any, for a period of 15 years immediately prior to the date of the application and the dates of residence at each location;

(4)

Acceptable written proof that the applicant is at least 21 years of age;

(5)

The applicant's height, weight, color of eyes and hair and date and place of birth;

(6)

Two photographs of the applicant at least two inches by two inches taken within the last six months;

(7)

Business, occupation or employment history of the applicant for the 15 years immediately preceding the date of application. Business or employment records of the applicant, partners in a partnership, directors and officers of a corporation and, if a corporation, all shareholders holding more than five percent of the shares of corporate stock outstanding;

(8)

The business license history of the applicant and whether such applicant, in previous operations in this or any other city, state or territory under license, has had such license or permit for an adult entertainment business or similar type of business revoked or suspended; if so, the jurisdiction, date, the reason therefore, and the business activity or occupation subsequent to such action of suspension or revocation;

(9)

If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the place and date of incorporation, and the names and addresses of each to its current officers and directors, and each stockholder holding more than five percent of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the name, residence address and dates of birth of the partners, including limited partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the county clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. An applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required of an individual applicant under this article, but only one application fee shall be charged;

(10)

The names and addresses of the owner and leaser of the real property upon which the business is to be conducted and all documentation necessary to show the applicant has a right to legal possession of the premises;

(11)

Such other identification and information as the city may require in order to discover the truth of the matters hereinbefore specified as required to be set forth in the application;

(12)

The age, date and place of birth of each of the following: the applicant; any and all partners; any and all officers; and any stockholders of more than five percent of the shares of the corporation stock outstanding; and all directors of the applicant if the applicant is a corporation;

(13)

If the applicant, any partners or any of the officers or stockholders holding more than five percent of the outstanding shares of the corporation, or the directors of the applicant if the applicant is a corporation, have ever been convicted of any offense constituting a disqualification of good moral character within the past 15 years, such person shall include a complete description of any such crime, including date of violation, date of conviction, jurisdiction and any disposition, including any fine or sentence imposed, and whether terms of disposition have been fully completed;

(14)

The city shall require the individual applicant to furnish fingerprints of the applicant;

(15)

If the applicant is a person doing business under a trade name, a copy of the trade name properly recorded. If the applicant is a corporation, a copy of authority to do business in Georgia, including articles of incorporation, trade name affidavit, if any, and last annual report, if any;

(16)

At least three character references from individuals who are in no way related to the applicant or individual shareholders, officers or directors of a corporation and who are not or will not benefit financially in any way from the application if the license is granted and who have not been convicted of any crime involving gambling, controlled substances, alcoholic beverage violation or sex offenses in the past five years;

(17)

A plat by a registered engineer, licensed by the State of Georgia, showing the location of the proposed premises in relation to the neighborhood, the surrounding zoning, the premises' proximity to any place identified in section 10-28 above;

(18)

Whether the applicant holds any other adult entertainment or sexually oriented business licenses from another city or county in any state and, if so, the names and locations of such other licensed businesses;

(19)

Each application for an adult entertainment establishment license shall be verified and acknowledged under oath to be true and corrected by:

a.

If the applicant is an individual, by the individual;

b.

If a partnership, by the manager or general partner;

c.

If a corporation, by the president of the corporation;

d.

If any other organization or association, by the chief administrative official; and

(20)

Applicant shall submit all required fees at the time the application is submitted to the city.

(c)

Time for processing application. The community development department shall make a determination as to whether to grant or deny the permit within 30 calendar days of the submittal of a complete permit application package and payment of related fees. Final decision on eligibility shall be communicated by first class mail to the applicant no later than the 31st day following submission of the application and shall be deemed given upon mailing. The community development department shall grant or deny the license based upon the following criteria:

(1)

The community development department shall grant the license if it finds:

a.

The required fees have been paid;

b.

The application conforms in all respects to the provisions of this article;

c.

The applicant has not knowingly made a material misrepresentation in the application;

d.

The applicant has fully cooperated in the investigation of the application;

e.

All persons required to be identified in the permit application are of good moral character;

f.

The applicant has not had an adult entertainment establishment permit or other similar license or permit denied or revoked for cause by this city or any other city located in or out of this state prior to the date of application;

g.

The building, structure, equipment or location of such business as proposed by the applicant would comply with all applicable laws, including but not limited to health, zoning, distance, fire and safety requirements and standards;

h.

The applicant is at least 21 years of age;

i.

That on the date the business for which a license is required herein commences, and thereafter, there will be a responsible person on the premises to act as manager at all times during which the business is open;

j.

That the proposed premises is not to be located too close to any place identified in section 10-28 above; and

k.

That the grant of such license will not cause a violation of this article or any other ordinance or regulation of the City of Riverdale, Clayton County, State of Georgia or the United States.

(2)

The community development department shall deny the license if it finds:

a.

An applicant who has not paid all required fees associated with the adult entertainment establishment application or an applicant owes any type of taxes or fees to the city that have not been cured;

b.

Any person required to be identified in the permit application is not of good moral character;

c.

Any corporation, any of whose officers, directors or stockholders holding over five percent of the outstanding issued shares or capital stock are not of good moral character;

d.

Any partnership or association, any of whose officers or members holding more than five percent interest therein are not of good moral character;

e.

Any person employing, assisted by or financed in whole or in part by any person who is not of good moral character;

f.

The application fails conforms in all respects to the provisions of this article;

g.

The applicant knowingly made a material misrepresentation in the application;

h.

The applicant refused to fully cooperate in the investigation of the application;

i.

The applicant had an adult entertainment establishment permit or other similar license or permit denied or revoked for cause by this city or any other city located in or out of this state prior to the date of application;

j.

The building, structure, equipment or location of such business as proposed by the applicant does not comply with all applicable laws, including but not limited to health, zoning, distance, fire and safety requirements and standards;

k.

The applicant is not at least 21 years of age;

l.

The applicant has failed to prove that on the date the business for which a license is required and thereafter, there will be a responsible person on the premises to act as manager at all times during which the business is open;

m.

That the proposed premises is located too close to any place identified in section 10-28 above; or

n.

That the grant of such license will cause a violation of this article or any other ordinance or regulation of the City of Riverdale, Clayton County, State of Georgia or the United States.

(d)

Denial of permit. If the community development department, following investigation of the applicant, deems that the applicant does not fulfill the requirements as set forth in this article, then the city shall notify the applicant in writing of its permit denial and the reasons therefore. The notice shall be sent by certified and first class mail or be hand-delivered. Failure of the city to act within 30 calendar days of receipt of a completed application shall be deemed a denial and shall trigger the deadline for filing an appeal. An applicant whose permit has been denied may file an appeal as set forth in section 10-32 below.

(e)

Suspension or revocation of permit.

(1)

The following shall constitute grounds for the suspension or revocation of an adult entertainment establishment permit:

a.

Any violation of this article regulating adult entertainment establishments or other ordinances of the city relating to conduct of the business;

b.

Violation of federal or state law applicable to the adult entertainment establishment;

c.

Maintaining the premises or permitting conduct on the premises in such manner as to constitute a nuisance;

d.

Loss of qualifications of the permit holder; or

e.

Employing any person without a valid adult entertainment employee permit.

(2)

Any violation by an agent or employee of a permit holder that would subject the adult entertainment establishment to suspension or revocation shall be considered as a violation by the adult entertainment establishment for the purpose of the suspension and revocation provisions of this section.

(3)

In the event the city determines grounds for suspension or revocation exist, the city shall send a notice to the permit holder stating the grounds for suspension or revocation and the proposed action to be taken. Such notice shall be sent by certified and first class mail or may be hand-delivered to the permit holder. Should the permit holder contest the action taken by the city, he/she, upon receipt of such notice, may file an appeal as set forth in section 10-32 below.

(Ord. No. 05-2008, § 1, 4-28-2008)