Athens City Code

1. (1) The city council finds:
   1. (a) That homogeneous and heterogeneous masturbatory acts and other sexual acts, including oral sex acts, could occur in adult-oriented establishments in the city;
   2. (b) That offering and providing such space, areas, and rooms where such activities may take place creates conditions that generate prostitution and other crimes;
   3. (c) That the unregulated operation of adult-oriented establishments would be detrimental to the general welfare, health, and safety of the citizens of the city.
2. (2) It is the purpose of this chapter to promote and secure the general welfare, health, and safety of the citizens of the city.

(Code 1995, § 9-1001; Ord. No. 843, § 1, 4-21-1998)

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 bookstore means an establishment having as a substantial or significant portion of its stock and trade in books, films, video cassettes, or magazines and other periodicals which are distinguished or characterized by the emphasis on matter depicting, describing or relating to specified anatomical areas, as defined in this section for observation by patrons therein.

Adult cabaret means an establishment which features, as a principal use of its business, entertainers and/or waiters and/or bartenders who expose to public view of the patrons within the establishment, at any time, the bare female breast below a point immediately above the top of the areola, human genitals, pubic region, or buttocks, even if partially covered by opaque material or completely covered by translucent material, including swimsuits, lingerie, or latex covering. The term "adult cabaret" shall include commercial establishments which feature entertainment of an erotic nature, including exotic dancers, strippers, male or female impersonators, or similar entertainers.

Adult entertainment means any exhibition of any adult-oriented motion pictures, live performance, display or dance of any type, which has as a significant or substantial portion of such performance any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomime, modeling, or any other personal service offered customers.

Adult mini motion picture theater means an enclosed building with a capacity of less than 50 persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this section, for observation by patrons therein.

Adult motion picture theater means an enclosed building with a capacity of 50 or more persons regularly used for presenting material having as a dominant theme or presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas, as defined in this section, for observation by patrons therein.

Adult-oriented establishment includes, but shall not be limited to, adult bookstores, adult motion picture theaters, adult mini motion picture establishments, or adult cabarets and further means any premises to which the public or patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, when such adult entertainments are held, conducted, operated or maintained for a profit, direct or indirect. The term "adult-oriented establishment" further includes, without being limited to, any adult entertainment studio or any premises that is physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import.

Employee means any and all persons, including independent contractors, who work in or at or render any services directly related to the operation of an adult-oriented establishment.

Entertainer means any person who provides entertainment within an adult-oriented establishment, as defined in this section, whether or not a fee is charged or accepted for entertainment and whether or not entertainment is provided as an employee or an independent contractor.

Operator means any person, partnership, or corporation operating, conducting, or maintaining an adult-oriented establishment.

Specified anatomical areas means:

1. (1) Less than completely and opaquely covered:
   1. (a) Human genitals, pubic region;
   2. (b) Buttocks;
   3. (c) Female breasts below a point immediately above the top of the areola area; and
2. (2) Human male genitals in a discernibly turgid state, even if completely opaquely covered.

Specified sexual activities means:

1. (1) Human genitals in a state of sexual stimulation or arousal;
2. (2) Acts of human masturbation, sexual intercourse, or sodomy;
3. (3) Fondling or erotic touching of human genitals, pubic region, buttock, or female breasts.

(Code 1995, § 9-1002; Ord. No. 843, § 1, 4-21-1998)

1. (1) Except as provided in subsection (e) of this section, from and after the effective date of the ordinance from which this chapter is derived, no adult-oriented establishment shall be operated or maintained in the city without first obtaining a license to operate issued by the city.
2. (2) A license may be issued only for one adult-oriented establishment located at a fixed and certain place. Any person, partnership, or corporation which desires to operate more than one adult-oriented establishment must have a license for each.
3. (3) No license or interest in a license may be transferred to any person, partnership, or corporation.
4. (4) It is unlawful for any entertainer, employee, or operator to knowingly work in or about, or to knowingly perform any service directly related to, the operations of any unlicensed adult-oriented establishment.
5. (5) All existing adult-oriented establishments at the time of the passage of the ordinance from which this chapter is derived must submit an application for a license within 120 days of the passage of the ordinance from which this chapter is derived on the third and final reading. If a license is not issued within the 120-day period, then such existing adult-oriented establishment shall cease operations.

(Code 1995, § 9-1003; Ord. No. 843, § 1, 4-21-1998)

1. (1) Any person, partnership or corporation desiring to secure a license shall make application to the city manager. The application shall be filed in triplicate with and dated by the city. A copy of the application shall be distributed promptly by the city manager to the city police department and to the applicant.
2. (2) The application for a license shall be upon a form provided by the city manager. An applicant for a license, including any partner or limited partner of the partnership applicant, and any officer or director of the corporate applicant and any stockholder holding more than five percent of the stock of a corporate applicant or any other person who is interested directly in the ownership or operation of the business, shall furnish the following information under oath:
   1. (a) Name and address, including all aliases.
   2. (b) Written proof that the individual is at least 18 years of age.
   3. (c) All residential addresses of the applicant for the past three years.
   4. (d) The applicant's height, weight, and color of eye and hair.
   5. (e) The business, occupation or employment of the applicant for five years immediately preceding the date of the application.
   6. (f) Whether the applicant previously operated in the county or any other county, city, or state under an adult-oriented establishment license or similar business license; whether the applicant has ever had such a license revoked or suspended, the reason therefor, and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation.
   7. (g) All criminal statutes, whether federal or state, or city ordinance violation convictions, forfeiture of bond and pleadings of nolo contendere on all charges, except minor traffic violations.
   8. (h) Fingerprints and two portrait photographs, at least two inches by two inches, of the applicant.
   9. (i) The address of the adult-oriented establishment to be operated by the applicant.
   10. (j) The names and addresses of all persons, partnerships, or corporations holding any beneficial interest in the real estate upon which such adult-oriented establishment is to be operated, including, but not limited to, contact purchasers or sellers, beneficiaries of land trusts or lessees subletting to the applicant.
   11. (k) If the premises are leased or being purchased under contract, a copy of such lease or contract shall accompany the application.
   12. (l) The length of time the applicant has been a resident of the city or its environs immediately preceding the date of the application.
   13. (m) If the applicant is a corporation, the application shall specify the name of the corporation, the date and state of incorporation, the name and address of the registered agent and the name and address of all principal shareholders, officers, and directors of the corporation.
   14. (n) A statement by the applicant that he or she is familiar with the provisions of this chapter and is in compliance with them.
   15. (o) All inventory, equipment, or supplies which are to be leased, purchased, held in consignment, or in any other fashion kept on the premises or any part or portion thereof for storage, display, another use therein, or in connection with the operation of the establishment, or for resale, shall be identified in writing accompanying the application specifically designating the distributor's business name, address, phone number, and representative's name.
3. (3) Within ten days of receiving the results of the investigation conducted by the city police department, the city manager shall notify the applicant that his application is granted, denied, or held for further investigation. Such additional investigation shall not exceed an additional 30 days unless otherwise agreed to by the applicant. Upon conclusion of such additional investigation, the city manager shall advise the applicant in writing whether the application is granted or denied.
4. (4) Whenever an application is denied or held for further investigation, the city manager shall advise the applicant in writing of the reasons for such action. If the applicant requests a hearing within ten days of the receipt of notification of denial, a public hearing shall be held thereafter before the city council at which time the applicant may present evidence as to why is license should not be denied. The city council shall hear evidence as to the basis of the denial and shall affirm or reject the denial of an application at the hearing. If any application for an adult-oriented establishment license is denied by the city council and no agreement is reached with the applicant concerning the basis for denial, the city attorney shall institute suit for declaratory judgment in the chancery court of the county within five days of the date of any such denial and shall seek an immediate judicial determination of whether such license or permit may be properly denied under the law.
5. (5) Failure or refusal of the applicant to give any information relevant to the investigation of the application, or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding the application or his or her refusal to submit to or cooperate with any investigation required by this chapter, shall constitute an admission by the applicant that he or she is ineligible for such license and shall be grounds for denial thereof by the city manager.

(Code 1995, § 9-1004; Ord. No. 843, § 1, 4-21-1998)

1. (1) To receive a license to operate an adult-oriented establishment, an applicant must meet the following standards:
   1. (a) If the applicant is an individual:
      1. (i) The applicant shall be at least 18 years of age.
      2. (ii) The applicant shall not have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity, or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application.
      3. (iii) The applicant shall not have been found to have previously violated this chapter within five years immediately preceding the date of the application.
   2. (b) If the applicant is a corporation:
      1. (i) All officers, directors, and stockholders required to be named under ACC 9-261(b) shall be at least 18 years of age.
      2. (ii) No officer, director, or stockholder required to be named under ACC 9-261(b) shall have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity, or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application.
      3. (iii) No officer, director, or stockholder required to be named under ACC 9-261(b) shall have been found to have previously violated this chapter within five years immediately preceding the date of the application.
   3. (c) If the applicant is a partnership, joint venture, or any other type of organization where two or more persons have a financial interest:
      1. (i) No persons having a financial interest in the partnership, joint venture, or other type of organization shall have been convicted of or pleaded nolo contendere to a felony or any crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application.
      2. (ii) No persons having a financial interest in the partnership, joint venture or other type of organization shall have been found to have previously violated this chapter within five years immediately preceding the date of the application.
2. (2) No license shall be issued unless the city police department has investigated the applicant's qualification to be licensed. The results of that investigation shall be filed in writing with the city manager no later than 20 days after the date of the application.

(Code 1995, § 9-1005; Ord. No. 843, § 1, 4-21-1998)

In addition to the license requirement previously set forth for owners and operators of adult-oriented establishments, no person shall be an employee or entertainer in an adult-oriented establishment without first obtaining a valid permit issued by the city manager.

(Code 1995, § 9-1006; Ord. No. 843, § 1, 4-21-1998)

1. (1) Any person desiring to secure a permit shall make application to the city manager. The application shall be filed in triplicate with and dated by the city manager. A copy of the application shall be distributed promptly by the city manager to the city police department and to the applicant.
2. (2) The application for a permit shall be upon a form provided by the city manager. An application for a permit shall furnish the following information under oath:
   1. (a) Name and address, including all aliases.
   2. (b) Written proof that the individual is at least 18 years of age.
   3. (c) All residential addresses of the applicant for the past three years.
   4. (d) The applicant's height, weight, and color of eyes and hair.
   5. (e) The business, occupation, or employment of the applicant for five years immediately preceding the date of the application.
   6. (f) Whether the applicant, while previously operating in this or any other city or state under an adult-oriented establishment permit or similar business for whom applicant was employed or associated at the time, has ever had such a permit revoked or suspended, the reason therefor, and the business entity or trade name or where the applicant was employed or associated at the time of such suspension or revocation.
   7. (g) All criminal statutes, whether federal, state, or city ordinance violation convictions, forfeiture of bond and pleadings of nolo contendere on all charges, except minor traffic violations.
   8. (h) Fingerprints and two portrait photographs, at least two inches by two inches, of the applicant.
   9. (i) The length of time the applicant has been a resident of the city or its environs immediately preceding the date of the application.
   10. (j) A statement by the applicant that he or she is familiar with the provisions of this chapter and is in compliance with them.
3. (3) Within ten days of receiving the results of the investigation conducted by the city police department, the city manager shall notify the applicant that his application is granted, denied, or held for further investigation. Such additional investigation shall not exceed an additional 30 days unless otherwise agreed to by the applicant. Upon conclusion of such additional investigations, the city manager shall advise the applicant in writing within ten days whether the application is granted or denied.
4. (4) Whenever an application is denied or held for further investigation, the city manager shall advise the applicant in writing of the reasons for such action. If the applicant requests a hearing within ten days of receipt of notification of denial, a public hearing shall be held thereafter before the city council at which time the applicant may present evidence bearing upon the question. If the city council denies a license application, the city attorney shall, within ten days after the denial, institute a suit for declaratory judgment in state court for review of the denial.
5. (5) Failure or refusal of the applicant to give information relevant to the investigation of the application, or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding the investigation required by this chapter, shall constitute an admission by the applicant that he or she is ineligible for such license and shall be grounds for denial thereof by the city manager.

(Code 1995, § 9-1007; Ord. No. 843, § 1, 4-21-1998)

1. (1) To receive a permit as an employee, an applicant must meet the following standards:
   1. (a) The applicant shall be at least 18 years of age.
   2. (b) The applicant shall not have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity, or other crime of a sexual nature in any jurisdiction within five years immediately preceding the date of the application.
2. (2) No permit shall be issued until the city police department has investigated the applicant's qualifications to receive a permit. The result of that investigation shall be filed in writing with the city manager no later than 20 days after the date of the application.
3. (3) Whenever an application for a permit as an employee is denied, the applicant may, within ten days of receipt of notification of denial, request a hearing before the city council, at which the applicant may present evidence bearing upon the question. This hearing shall be held by the city council at the next regularly scheduled meeting of the city council which occurs more than five days after the request for a hearing has been filed. If the city council denies the applicant a permit as an employee, the city attorney shall, within ten days after the denial, institute suit for declaratory judgment in state court for review of the denial.

(Code 1995, § 9-1008; Ord. No. 843, § 1, 4-21-1998)

1. (1) A license fee of $500.00 shall be submitted with the application for a license. If the application is denied, one-half of the fee shall be returned.
2. (2) A permit fee of $100.00 shall be submitted with the application for a permit. If the application is denied, one-half of the fee shall be returned.

(Code 1995, § 9-1009; Ord. No. 843, § 1, 4-21-1998)

1. (1) The license shall be displayed in a conspicuous public place in the adult-oriented establishment.
2. (2) The permit shall be maintained on premises by an employee upon his or her person and shall be displayed upon request of a customer, any member of the city police department, or any person designated by the city council.

(Code 1995, § 9-1010; Ord. No. 843, § 1, 4-21-1998)

1. (1) Every license issued pursuant to this chapter will terminate at the expiration of one year from the date of issuance, unless sooner revoked, and must be renewed before operation is allowed in the following year. Any operator desiring to renew a license shall make application to the city manager. The application for renewal must be filed not later than 60 days before the license expires. The application for renewal shall be filed in triplicate with and dated by the city manager. A copy of the application for renewal shall be distributed promptly by the city manager to the city police department and to the operator. The application for renewal shall be upon a form provided by the city manager and shall contain such information and date, given under oath or affirmation, as may be required by the city council.
2. (2) A license renewal fee of $500.00 shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty of $100.00 shall be assessed against the applicant who files for a renewal less than 60 days before the license expires. If the applicant is denied, one-half of the total fees collected shall be returned.
3. (3) If the city police department is aware of any information bearing on the operator's qualifications, the information shall be filed in writing with the city manager.
4. (4) Every permit issued pursuant to this chapter will terminate at the expiration of one year from the date of issuance, unless sooner revoked, and must be renewed before an employee is allowed to continue employment in an adult-oriented establishment in the following calendar year. Any employee desiring to renew a permit shall make application to the city manager. The application for renewal shall be filed in triplicate with and dated by the city manager. A copy of the application for renewal shall be distributed promptly by the city manager to the city police department and to the employee. The application for renewal shall be upon a form provided by the city manager and shall contain such information and data, given under oath or affirmation, as may be required by the city manager.
5. (5) A permit renewal fee of $100.00 shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty of $50.00 shall be assessed against the applicant who files for renewal less than 60 days before the license expires. If the application is denied, one-half of the fee shall be returned.
6. (6) If the city police department is aware of any information bearing on the employee's qualification, that information shall be filed in writing with the city manager.

(Code 1995, § 9-1011; Ord. No. 843, § 1, 4-21-1998)

1. (1) The city manager shall revoke a license or permit for any of the following reasons:
   1. (a) Discovery that false or misleading information or data was given on any application or material facts were omitted from any application.
   2. (b) The operator, entertainer, or any employee of the operator, violates any provision of this chapter or any rule or regulation adopted by the city council pursuant to this chapter; provided, however, that in the case of a first offense by an operator where the conduct was solely that of an employee, the penalty shall not exceed a suspension of 30 days if the city council shall find that the operator had no actual or constructive knowledge of such violation and could not by the exercise of due diligence have had such actual or constructive knowledge.
   3. (c) The operator or employee becomes ineligible to obtain a license or permit.
   4. (d) Any cost or fee required to be paid by this chapter is not paid.
   5. (e) An operator employs an employee who does not have a permit or provides space on the premises, whether by lease or otherwise, to an independent contractor who performs or works as an entertainer without a permit.
   6. (f) Any intoxicating liquor, cereal malt beverage, narcotic or controlled substance is allowed to be sold or consumed on the licensed premises.
   7. (g) Any operator, employee, or entertainer sells, furnishes, gives, or displays, or causes to be sold, furnished, given or displayed to any minor any adult-oriented entertainment or adult-oriented material.
   8. (h) Any operator, employee, or entertainer denies access of law enforcement personnel to any portion of the licensed premises wherein adult-oriented entertainment is permitted or to any portion of the licensed premises wherein adult-oriented materials are displayed or sold.
   9. (i) Any operator allows continuing violations of the rules and regulations of the county health department.
   10. (j) Any operator fails to maintain the licensed premises in a clean, sanitary, and safe condition.
2. (2) The city manager, before revoking or suspending any license or permit, shall give the operator or employee at least ten days' written notice of the charges against him or her and the opportunity for a public hearing before the city council, at which time the operator or employee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing. Whenever a license or permit is revoked by the city manager, the party holding the license or permit may, within ten days of the notice of revocation, request a hearing before the city council, at which time the party holding the license or permit may present evidence bearing upon the question. This hearing shall be held by the city council at the next regularly scheduled meeting of the city council that occurs more than five days after the request for a hearing is filed. If the city council sustains the revocation, the party holding the license or permit may, within ten days thereafter, institute suit in state court.
3. (3) The transfer of a license or any interest in a license shall automatically and immediately revoke the license. The transfer of any interest in a non-individual operator's license shall automatically and immediately revoke the license held by the operator.
4. (4) Any operator or employee whose license or permit is revoked shall not be eligible to receive a license or permit for five years from the date of revocation. No location or premises for which a license has been issued shall be used as an adult-oriented establishment for two years from the date of revocation of the license.

(Code 1995, § 9-1012; Ord. No. 843, § 1, 4-21-1998)

1. (1) No adult-oriented establishment shall be open between the hours of 1:00 a.m. and 8:00 a.m. on weekdays or between the hours of 1:00 a.m. and 12:00 midnight on Sundays.
2. (2) All adult-oriented establishments shall be open to inspection at all reasonable times by the city police department or such other persons as the city council may designate.

(Code 1995, § 9-1013; Ord. No. 843, § 1, 4-21-1998)

1. (1) The operator shall maintain a register of all employees, showing the name and aliases used by the employee, home address, age, birth date, sex, height, weight, color of hair and eyes, phone numbers, social security number, date of employment and termination, and duties of each employee and such other information as may be required by the city council. The above information of each employee shall be maintained in the register on the premises for a period of three years following termination.
2. (2) The operator shall make the register of employees available immediately for inspection by police upon demand of a member of the city police department at all reasonable times.
3. (3) Every act or omission by an employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge, or approval of the operator, or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
4. (4) An operator shall be responsible for the conduct of all employees while on the licensed premises and any act or omission of any employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended, or renewed.
5. (5) There shall be posted and conspicuously displayed in the common areas of each adult-oriented establishment a list of any and all entertainment provided on the premises. Such list shall further indicate the specific fee or charge in dollar amounts for each entertainment listed. Viewing adult-oriented pictures shall be considered as entertainment. The operator shall make the list available immediately upon demand of the city police department at all reasonable times.
6. (6) No employee of an adult-oriented establishment shall allow any minor to loiter around or to frequent an adult-oriented establishment or to allow any minor to view adult entertainment as defined in this chapter.
7. (7) Every adult-oriented establishment shall be physically arranged in such a manner that the entire interior portion of the booths, cubicles, rooms, or stalls wherein adult entertainment is provided shall be visible from the common area of the premises. Visibility shall not be blocked or obscured by doors, curtains, partitions, drapes, or any other obstruction whatsoever. It is unlawful to install booths, cubicles, rooms, or stalls within adult-oriented establishments for whatever purpose, but especially for the purpose of secluded viewing of adult-oriented motion pictures or other types of adult entertainment.
8. (8) The operator shall be responsible for and shall provide that any room or area used for the purpose of viewing adult-oriented motion pictures or other types of live adult-oriented entertainment shall be readily accessible at all times and shall be continuously opened to view in its entirety.
9. (9) No operator, entertainer, or employee of an adult-oriented establishment shall demand or collect all or any portion of a fee for entertainment before its completion.
10. (10) A sign shall be conspicuously displayed in the common area of the premises and shall read as follows:
    
    "This adult-oriented establishment is regulated by Athens City Code, title 9, chapter 9-X. Entertainers are:
    
    1. Not permitted to engage in any type of sexual conduct;
    
    2. Not permitted to expose their sex organs;
    
    3. Not permitted to demand or collect all or any portion of a fee for entertainment before its completion."

(Code 1995, § 9-1014; Ord. No. 843, § 1, 4-21-1998)

1. (1) No operator, entertainer, or employee of an adult-oriented establishment shall permit to be performed, offer to perform, perform or allow customers, employees or entertainers to perform sexual intercourse or oral or anal copulation or other contact stimulation of the genitals.
2. (2) No operator, entertainer, or employee shall encourage or permit any person upon the premises to touch, caress, or fondle the breasts, buttocks, anus, or genitals of any other person.
3. (3) No operator, entertainer, employee, or customer shall be unclothed or in such attire, costume, or clothing so as to expose to view any portion of the sex organs, breasts, or buttocks of said operator, entertainer, or employee.
4. (4) No entertainer, employee, or customer shall be permitted to have any physical contact with any other on the premises during any performance, and all performances shall only occur upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest entertainer, employee, and/or customer.

(Code 1995, § 9-1015; Ord. No. 843, § 1, 4-21-1998)

Any person, partnership, or corporation who is found to have violated this chapter shall be assessed a civil penalty of a definite sum not exceeding $50.00 and shall result in the suspension or revocation of any permit or license. Each violation of this chapter shall be considered a separate offense.

(Code 1995, § 9-1016; Ord. No. 843, § 1, 4-21-1998)