HomeMy WebLinkAboutOrd 2007-09 (ar, ORDINANCE NO. 07-09
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS TOWN CODE, CHAPTER 8, BUSINESS REGULATIONS, BY
CREATING A NEW ARTICLE 8-5, ADULT BUSINESSES, RELATING TO
THE REGULATION OF ADULT OR SEXUALLY ORIENTED BUSINESSES.
WHEREAS, adult or sexually oriented business ("Adult Businesses") require special
supervision from the public safety agencies of the Town of Fountain Hills (the "Town") in order
to protect and preserve the health, safety, morals and welfare of the patrons of such businesses as
well as the citizens of the Town; and
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town
Council") finds that Adult Businesses are frequently used for unlawful sexual activities,
including prostitution and sexual liaisons of a casual nature; and
WHEREAS, the concern over sexually transmitted diseases is a legitimate health
concern of the Town which demands reasonable regulation of Adult Businesses in order to
protect the health and well-being of the citizens; and
WHEREAS, there is convincing documented evidence that Adult Businesses, because of
their very nature, have a deleterious effect on both the existing businesses around them and the
surrounding residential areas adjacent to them, causing increased crime and the downgrading of
property values; and
WHEREAS, it is recognized that Adult Businesses, due to their nature, have serious
objectionable operational characteristics, particularly when they are located in close proximity to
each other, thereby contributing to urban blight and downgrading the quality of life in the
adjacent area; and
WHEREAS, the Town Council desires to minimize and control these adverse effects and
thereby protect the health, safety, and welfare of the citizenry, to protect the citizens from
increased crime, to preserve the quality of life, to preserve the property values and character of
surrounding neighborhoods and to deter the spread of urban blight; and
WHEREAS, it is not the intent of this Ordinance to suppress any speech or expression
activities protected by the First Amendment, but to enact a content neutral ordinance which
addresses the negative secondary effects of Adult Businesses; and
WHEREAS, it is not the intent of the Town Council to condone or legitimize the
distribution of obscene material, and the Town Council recognizes that state and federal law
prohibits the distribution of obscene materials and expects and encourages state law enforcement
officials to enforce state obscenity statutes against any such illegal activities within the corporate
limits of the Town; and
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WHEREAS, the Town Council desires to amend the Town of Fountain Hills Town
Code, Chapter 8, Business Regulations, by adding a new Article 8-5, Adult Business, relating to
the regulation of adult or sexually oriented businesses.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. It is the purpose of this Ordinance to regulate adult or sexually oriented
businesses in order to promote the health, safety, morals, and general welfare of the citizens of
the Town, and to establish reasonable and uniform regulations to prevent the deleterious location
and concentration of Adult Businesses within the Town. The provisions of this Ordinance have
neither the purpose nor effect of imposing a limitation or restriction on the content of any
communicative materials, including sexually oriented materials. Similarly, it is not the intent nor
effect of this Ordinance to restrict or deny access by adults to sexually oriented materials
protected by the First Amendment, or to deny access by the distributors and exhibitors of
sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this
Ordinance to condone or legitimize the distribution of obscene material.
SECTION 2. Based on evidence concerning the adverse secondary effects of adult uses
on the community presented in hearings and in reports made available to the Town Council, and
on findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S.
41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), Barnes v. Glen Theatre, Inc.,
501 U.S. 560 (1991), City of Erie v. Pap's A.M., TDA "Kandyland", 529 U.S. 277 (2000), City
of Los Angeles v. Alameda Books, Inc., 121 S. Ct. 1223 (2001), Gammoh v. City of La Habra,
395 F.3d 1114 (9th Cir. 2005), Worldwide Video of Washington, Inc. v. City of Spokane, 368
F.3d 1186 (9th Cir. 2004), and Center for Fair Public Policy v. Maricopa County, 336 F.3d 1153
(9th Cir. 2003) and on studies in other communities including, but not limited to, Phoenix,
Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas;
Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle,
Washington; Oklahoma City, Oklahoma; Cleveland, Ohio; and Beaumont, Texas; and also on
findings from the Report of the Attorney General's Working Group On The Regulation Of
Sexually Oriented Businesses, (June 6, 1989, State of Minnesota), the Town Council finds:
1. Adult businesses lend themselves to ancillary unlawful and unhealthy activities
that are uncontrolled by the operators of the establishments. Further, there is presently no
mechanism to make the owners of these establishments responsible for the activities that occur
on their premises.
2. Certain employees of adult businesses defined in this Ordinance as adult theatres
and cabarets engage in higher incidence of certain types of illicit sexual behavior than employees
of other establishments.
3. Sexual acts, including intercourse, masturbation, and oral and anal sex, occur at
sexually oriented businesses, especially those which provide private or semi-private booths or
cubicles for viewing films, videos, or live sex shows.
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4. Offering and providing such space encourages such activities, which creates
unhealthy conditions.
5. Persons frequent certain adult theatres, adult arcades, and other adult businesses
for the purpose of engaging in sex within the premises of such sexually oriented businesses.
6. At least 50 communicable diseases may be spread by activities occurring in adult
businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus
infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella
infections and shigella infections.
7. From 1981 to the present, there has been an increasing cumulative number of
reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States
-- 600 in 1982, 2,200 in 1983,4,600 in 1984, 8,555 in 1985 and 956,019 through 2005.
8. From 1981 through March 2006, there have been 19,179 confirmed cases of HIV
infection reported to the Arizona Department of Health Services (March 2006 HIV/AIDS Annual
Report).
9. The number of reported cases of primary and secondary syphilis in the United
States has risen to 8,724 in 2005, after seeing declines in the 1990's. (CDC STD Surveillance
Report 2005).
10. The number of cases of gonorrhea in the United States reported annually remains
at a high level, increasing from 2004 to 2005 with over 339,593 cases being reported in 2005.
(CDC STD Surveillance Report 2005).
11. The Centers for Disease Control and Prevention, National Center for HIV, STD,
and TB Prevention of the United States has advised the American public that AIDS and HIV
infection may be transmitted through sexual contact with an infected person, by sharing needles
and/or syringes with someone who is infected, exposure to infected blood and blood
components, and from an infected mother to her newborn.
12. According to the best scientific evidence, AIDS and HIV infection, as well as
syphilis and gonorrhea, are principally transmitted by sexual acts.
13. Sanitary conditions in some adult businesses are unhealthy, in part, because the
activities conducted there are unhealthy, and, in part, because of the unregulated nature of the
activities and the failure of the owners and the operators of the facilities to self-regulate those
activities and maintain those facilities.
14. Numerous studies and reports have determined that semen is found in the areas of
adult businesses where persons view "adult" oriented films.
15. The findings noted in paragraphs number 1 through 14 above raise substantial
governmental concerns.
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Cor 16. Adult businesses have operational characteristics which should be reasonably
regulated in order to protect those substantial governmental concerns.
17. A reasonable licensing procedure is an appropriate mechanism to place the burden
of that reasonable regulation on the owners and the operators of the adult businesses. Further,
such licensing procedure will place a heretofore nonexistent incentive on the operators to see that
the adult business is run in a manner consistent with the health, safety and welfare of its patrons
and employees, as well as the citizens of the Town. It is appropriate to require reasonable
assurances that the licensee is the actual operator of the adult business, fully in possession and
control of the premises and activities occurring therein.
18. Prohibition of adult booths and requiring sufficient lighting in adult uses advances
a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring
in adult uses.
19. Requiring licensees of adult businesses to keep and provide information regarding
current employees and certain past employees will help reduce the incidence of certain types of
criminal behavior by facilitating the identification of potential witnesses or suspects and by
preventing minors from working in such establishments.
20. The disclosure of certain information by those persons ultimately responsible for
the day-to-day operation and maintenance of the adult business, where such information is
substantially related to the significant governmental interest in the operation of such uses, will
aid in preventing the spread of sexually transmitted diseases.
21. It is desirable in the prevention of the spread of communicable diseases to obtain
a limited amount of information regarding certain employees who may engage in the conduct
which this Ordinance is designed to prevent or who are likely to be witnesses to such activity.
22. The fact that an applicant for an adult use license has been convicted of a sexually
related crime leads to the rational assumption that the applicant may engage in that conduct in
contravention of this Ordinance.
23. The barring of such individuals from the management of adult uses for a period of
years serves as a deterrent to and prevents conduct which leads to the transmission of sexually
transmitted diseases.
24. The experience of other communities, and the studies conducted by those
communities, supports the conclusion that dispersion of adult uses via licensing requirements is
an effective method of mitigating the potential negative secondary effects from adult uses and
better protecting the health, safety and welfare of the citizenry of the Town.
25. The general welfare, health, morals and safety of the citizens of the Town will be
promoted by the enactment of this Ordinance.
SECTION 3. That certain document known as "Town of Fountain Hills Adult Business
License Regulations," dated October 18, 2007, three copies of which are on file in the office of
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the Town Clerk of the Town of Fountain Hills, which document was made a public record by
Resolution No. 2007-62 of the Town of Fountain Hills, is hereby referred to, adopted and made a
part hereof as if fully set out in this Ordinance.
SECTION 4. That certain document known as "Town of Fountain Hills Adult Business
License Regulations" dated October 18, 2007 shall be inserted into the Town of Fountain Hills
Town Code, Chapter 8, Business Regulations, as a new Article 8-5, Adult Businesses.
SECTION 5. That if any provision or any portion of any provision of this Ordinance or
of the Town of Fountain Hills Adult Business License Regulations is for any reason held to be
unconstitutional or otherwise unenforceable by a court of competent jurisdiction, such provision
or portion thereof shall be deemed separate, distinct and independent of the remaining provisions
of this Ordinance and shall be severed therefrom without affecting the validity of the remaining
portions of this Ordinance.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, October 18, 2007.
FOR THE TOW ` OF FOUNTAIN HILLS: ATTESTED TO:
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W. J. Nicho s, Mayor Bevelyn J. Be er, wn Clerk
REVIEWED BY: APPROVED AS TO FORM:
0.J
Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney
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TOWN OF FOUNTAIN HILLS
ADULT BUSINESS LICENSE REGULATIONS
October 18, 2007
Sections:
8-5-1
8-5-2 License Required.
8-5-3 Issuance of License.
8-5-4 Fees.
8-5-5 Inspection.
8-5-6 Expiration of License.
8-5-7 Suspension.
8-5-8 Denial or Revocation.
8-5-9 Transfer of License.
Section 8-5-1.
For the purposes of this Article, the defined terms set forth in Chapter 21 of the Town of
Fountain Hills Zoning Ordinance shall apply.
Section 8-5-2. License Required.
A. It is unlawful:
1. For any person to operate an adult business without a valid adult business license
issued by the Town pursuant to this code.
2. For any person who operates an adult business to employ a person to work for the
adult business who is not licensed as an adult business employee by the Town
pursuant to this code.
3. For any person to obtain employment with an adult business without having
secured an adult business employee license pursuant to this code.
B. An application for a license must be made on a forms provided by the Town.
C. All applicants must be qualified according to the provisions of this code. The application
may request and the applicant shall provide such information (including fingerprints) as
to enable the Town to determine whether the applicant meets the qualifications
established in this code.
D. A person, who wishes to operate an adult business must sign the application for a license
as an applicant. If a person other than an individual wishes to operate an adult business,
all persons legally responsible for the operations of the sexually oriented business or who
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have power to control or direct its operations must sign the application for a license as
applicant. Such persons include, but are not limited to, general partners, corporate
officers, corporate directors, and controlling shareholder(s). Each application must be
qualified under the following section and each applicant shall be considered a licensee if
a license is granted.
E. The completed application for an adult business license shall contain the following
information and shall be accompanied by the following documents or information:
1. If the applicant is:
a. An individual, the individual shall state his/her legal name and any aliases
and submit proof that he/she is 18 years of age.
b. A partnership, the partnership shall state its complete name, and the names
of all partners, whether the partnership is general or limited, and a copy of
the partnership agreement, if any.
c. A corporation, the corporation shall state its complete name, the date of its
incorporation, evidence that the corporation is in good standing under the
laws of its state of incorporation, the names and capacity of all officers,
directors and controlling stockholders, and the name of the registered
corporate agent and the address of the registered office for service of
process.
2. If the applicant intends to operate the adult business under a name other than that
of the applicant; he or she must state (a) the adult business's fictitious name and
(b) submit the required registration documents.
3. Whether the applicant, or a person residing with the applicant, has been convicted
of a specified criminal activity as defined in this code, and, if so, the specified
criminal activity involved, the date, place, and jurisdiction of each.
4. Whether the applicant, or a person residing with the applicant, has had a previous
license under this ordinance or other similar adult business ordinances from
another city or county denied, suspended or revoked, including the name and
location of the adult business for which the permit was denied, suspended or
revoked, as well as the date of the denial, suspension or revocation, and whether
the applicant or a person residing with the applicant has been a partner in a
partnership or an officer, director or principal stockholder of a corporation that is
licensed under this code whose license has previously been denied, suspended or
revoked, including the name and location of the adult business for which the
permit was denied, suspended or revoked as well as the date of denial, suspension
or revocation.
5. Whether the applicant or a person residing with the applicant holds any other
licenses under this code or other similar adult business ordinance from another
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city or county and, if so, the names and locations of such other licensed
%orr businesses.
6. The single classification of license for which the applicant is filing.
7. The location of the proposed adult business, including a legal description of the
property, street address, and telephone number(s), if any.
8. The applicant's mailing address and residential address.
9. A recent photograph of the applicant(s).
10. The applicant's valid driver's license number.
11. A floor plan or diagram showing the configuration of the premises, including a
statement of total floor space occupied by the business. The floor plan or diagram
must be drawn to a designated scale or drawn with marked dimensions of the
interior of the premises.
12. A property survey prepared within 30 days prior to application by a registered
land surveyor depicting the property lines of any established uses identified under
Section 21-1-3 of the Fountain Hills Zoning Ordinance within the distances set
forth in Section 21-1-3 in relation to the property to be certified. For purposes of
this Section, a use shall be considered existing or established if it is in existence at
the time an application is submitted.
13. If an applicant wishes to operate an adult business, other than an adult motel,
which intends to exhibit on the premises, in a viewing room or booth of less than
150 square feet of floor space, films, electronic video media, other video
reproductions, or live entertainment which depict specified sexual activities or
specified anatomical areas, then the applicant shall comply with the application
requirements set forth in Section 21-1-5 of the Fountain Hills Zoning Ordinance.
F. Before any applicant may be issued an adult business employee license, the applicant
shall submit on a form to be provided by the Town the following information:
1. The applicant's name or any other name (including stage aliases used by the
individual.
2. A certified copy or original birth certificate showing date and place of birth as
proof that individual is at least 18 years of age.
3. Height, weight, hair and eye color.
4. Present residence address and telephone number.
,,,. 5. Present business address and telephone number.
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6. Date, issuing state and number of driver's license or other identification card
information.
G. Attached to the application form for an adult business employee license as provided
above, shall be the following:
1. A color photograph of the applicant clearly showing the applicant's face, and the
applicant's fingerprints on a form provided by the Town's law enforcement
department. Any fees for the photographs and fingerprints shall be paid by the
applicant.
2. A statement detailing the license history of the applicant for the five (5) years
immediately preceding the date of the filing of the application, including whether
such applicant (a) previously operated or is seeking to operate, in this or any other
county, city, state, or country an adult business, (b) has ever had a license, permit,
or authorization to do business denied, revoked, or suspended or (c) had any
professional or vocational license or permit denied, revoked, or suspended. In the
event of any such denial, revocation, or suspension, state the name, the name of
the issuing or denying jurisdiction, and describe in full the reason for the denial,
revocation, or suspension. A copy of any order of denial, revocation, or
suspension shall be attached to the application.
3. A statement whether the applicant has been convicted of a specified criminal
activity as defined in this code and, if so, the specified criminal activity involved,
the date, place and jurisdiction of each.
Section 8-5-3. Issuance of License.
A. For an adult business employee license, the application shall be referred to the
appropriate Town departments for an investigation to be made on such information as is
contained on the application. The application process shall be completed within 60 days from
the date the completed application is filed. If the Town fails to approve or deny the license
within 60 days after receipt of an application, the license shall be deemed to have been approved.
After the investigation, the Town shall issue a license, unless it is determined by a preponderance
of the evidence that at least one or more of the following findings is true:
1. The applicant has failed to provide information reasonably necessary for issuance
of the license or has falsely answered a question or request for information on the
application form.
2. The applicant is under the age of 18 years.
3. The applicant has been convicted of a specified criminal activity as defined in this
code.
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4. The adult business employee license is to be used for employment in a business
prohibited by federal, local or state law, statute, rule or regulation, or prohibited
by a particular provision of this ordinance.
5. The applicant has had an adult business employee license revoked by the Town
within two (2) years of the date of the current application. Denial, suspension, or
revocation of a license issued pursuant to this subsection shall be subject to appeal
as set forth in Section 8-4-8.
B. A license granted pursuant to this section shall be subject to annual renewal upon the
written application of the applicant and a finding by the Town that the applicant has not
been convicted of any specified criminal activity as defined in this code or committed any
act during the existence of the previous license, which would be grounds to deny the
initial license application. The renewal of the license shall be subject to the payment of
the fee as set forth in Section 8-4-4.
C. 30 days prior to the expiration of a license, an applicant must submit a completed adult
business application for renewal. The Town shall approve the issuance of a renewed
license to an applicant unless it is determined by a preponderance of the evidence that at
least one of the following findings is true:
1. An applicant is under 18 years of age.
2. An applicant or a person with whom the applicant is residing is overdue in
payment to the Town of taxes, fees, fines, or penalties assessed against or
imposed upon him/her in relation to any business.
3. An applicant has failed to provide information reasonably necessary for issuance
of the license or has falsely answered a question or request for information on the
application form.
4. An applicant or a person with whom the applicant is residing has been denied a
license by the Town to operate a sexually oriented business within the preceding
12 months or whose license to operate a sexually oriented business has been
revoked within the preceding 12 months.
5. An applicant or a person with whom the applicant is residing has been convicted
of a specified criminal activity as defined in this code.
6. The premises to be used for the adult business have not been approved by the
Maricopa County health department, the Town fire department, and the Town
building official as being in compliance with applicable laws and ordinances.
7. The license fee required by this ordinance has not been paid.
8. An applicant of the proposed establishment is in violation of or is not in
compliance with any of the provisions of this code.
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D. The license, if granted shall state on its face the name of the person or persons to whom it
is granted, the expiration date, the address of the adult business and the classification for
which the license is issued. All licenses shall be posted in a conspicuous place at or near
the entrance to the adult business so that they may be easily read at any time.
E. The Maricopa County health department, the Town fire department, and the Town
building official shall complete their certification that the premises is in compliance or
not in compliance within 20 days of receipt of the application by the Town.
F. An adult business license shall issue for only one classification as found in Section 21-1-
2 of the Fountain Hills Zoning Ordinance.
G. If a permit is issued, the Town shall issue an identification card. The identification card
shall include the name of the licensee, a photograph of the licensee, the number of the
permit, and the dates of issuance and expiration.
Section 8-5-4. Fees.
A. Every application for an adult business license (whether for a new license or for renewal
of an existing license) shall be accompanied by a $300.00 non-refundable application and
investigation fee or such other fee as established by the Town Council as part of its
annual budget or by separate resolution.
B. In addition to the application and investigation fee required above, every adult business
that is granted a license (new or renewal) shall pay to the Town an annual nonrefundable
license fee of $100.00 upon license issuance or renewal or such other fee as established
by the Town Council as part of its annual budget or by separate resolution.
C. Every application for an adult business employee license (whether for a new license or
for renewal of an existing license) shall be accompanied by an annual $50.00
nonrefundable application, investigation, and license fee or such other fee as established
by the Town Council as part of its annual budget or by separate resolution.
D. All license applications and fees shall be submitted to the Fountain Hills Town Clerk.
Section 8-5-5. Inspection.
A. An applicant or licensee shall permit representatives of the Town Law Enforcement
Department, Fire Department, Zoning Department, or other Town departments, agencies
or agents to conduct lawful inspections of the premises of an adult business for the
purpose of ensuring compliance with the law, at any time it is occupied or open for
business.
B. A person who operates an adult business or his agent or employee commits a Class 1
misdemeanor if he refuses to permit such lawful inspection of the premises at any time it
is open for business.
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Section 8-5-6. Expiration of License.
A. Each license shall expire one year from the date of issuance and may be renewed only by
making application as provided in Section 8-4-3. Application for renewal shall be made
at least 30 days before the expiration date, and when made less than 30 days before the
expiration date, the expiration date of the license will not be affected. Any applicant
whose license has expired must cease any activities permitted under the license until such
time as a renewed license is issued.
B. When the Town denies renewal of a license, the applicant shall not be issued a license for
one year from the date of denial. If, subsequent to denial, the Town finds that the basis
for denial of the renewal license has been corrected or abated, the applicant may be
granted a license if at least 90 days have elapsed since the date denial became final.
Section 8-5-7. Suspension.
The Town shall suspend a license for a period not to exceed 30 days if it determines that a
licensee or an employee of a licensee has either (A) violated or is not in compliance with any
section of this ordinance or (B) refused to allow an inspection of the adult business premises as
authorized by this Article.
Section 8-5-8. Denial or Revocation.
A. The Town shall deny or revoke a license if a cause of suspension under Section 8-4-7
occurs twice within any 12 month period.
B. The Town shall deny or revoke a license if it determines that any of the following have
occurred:
1. A licensee gave false or misleading information in the material submitted during
the application process.
2. A licensee has knowingly allowed possession, use, or sale of controlled
substances on the premises.
3. A licensee has knowingly allowed prostitution on the premises.
4. A licensee knowingly operated the adult business during a period of time when
the licensee's license was suspended or expired.
5. Except in the case of an adult motel, a licensee has knowingly allowed any act of
sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to
occur in or on the licensed premises.
6. A licensee is delinquent in payment to the Town, County, or State for any taxes or
fees past due.
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C. If the Town determines that grounds exist to deny or revoke a license under this Article,
the Town shall notify the applicant, licensee in writing of the intent to deny or revoke,
including the grounds therefore.
D. Within ten work days of receipt of such notice, the recipient may respond to the notice in
writing, stating the reasons why the license should not be denied or revoked. If the Town
does not receive a response in the time required, the Town's notice shall be the final
administrative action of denial or revocation. The Town shall send an additional notice
to confirm the denial or revocation notice within five business days after the time to
respond expires.
E. If the Town receives a response, within ten business days of receipt, the Town shall either
(1) notify the applicant, or licensee of the Town's withdrawal of the intent to deny or
revoke or (2) notify the applicant, or licensee of the date, time and place for a hearing
before the Town Council.
F. If the Town fails to send a timely notification either withdrawing the intent to deny or
revoke or scheduling a hearing, a decision in favor of the applicant or licensee is deemed
made.
G. The hearing shall be conducted not less than 15 nor more than 20 work days after the
Town's receipt of the response. The hearing shall be conducted in an informal manner.
Both parties may be represented by counsel and present evidence. The Town bears the
burden of proving the grounds to deny or revoke a license. The formal rules of evidence
shall not apply.
H. Within five business days after the hearing, the Town Council shall issue a written
decision, including the grounds for the decision, and shall mail the decision to the
applicant, or licensee. The decision shall include information advising the applicant or
licensee of any right to challenge the decision in any court. If more than 45 days elapse
between the Town's receipt of a response and the Town Council sending the final
decision, a decision in favor of the applicant, or licensee shall be deemed made.
I. If the Town Council finds no grounds to deny the license, the Town shall issue the
license. If the Town Council finds no grounds to revoke the license, the Town shall
withdraw the intent to revoke and deem the license valid. The Town shall take action
required under this subsection within five business days of the Town Council's decision.
J. In the case of an intent to deny or revoke a license, the licensee may continue to operate
for 15 days after the decision becomes final. The decision shall be deemed final at the
end of five work days after it is mailed and shall constitute final administrative action.
K. All notices under this section shall be sent by certified mail to the applicant, or licensee's
address on file with the Town.
L. When the Town revokes a license, the revocation shall continue for one year, and the
licensee shall not be issued an adult business license for one year from the date the
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