Athens City Code

It is unlawful for any person to falsely represent a sale as being a going out of business sale. The term "going out of business sale," for the purposes of this section, means a fire sale, bankrupt sale, loss of lease sale, or any other sale made in anticipation of the termination of a business at its present location. When any person, after advertising a going out of business sale, adds to his stock or fails to go out of business within 90 days, he shall prima facie be deemed to have violated this section.

(Code 1972, § 5-101; Code 1995, § 9-101)

It is unlawful for any person to hold or conduct any carnival, fair, circus, or other similar show or exhibition within the corporate limits except during reasonable hours. Noise shall be restricted as required by the city manager.

(Code 1972, § 5-103; Code 1995, § 9-103)

Any person who, for himself, or for another person, firm, or corporation, hires, leases, uses, or occupies any building, structure, tent, railroad boxcar, boat, hotel room, motel room, lodging house, apartment, shop, or any other place within the city for the purpose of exhibiting samples and taking orders for future delivery must meet the requirements as outlined in ACC chapter 9-II.

(Code 1972, § 5-105; Code 1995, § 9-104; Ord. No. 917, 4-20-2004)

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:

Panhandler means any person, other than an exempt organization, acting on his or her own behalf, requesting an immediate donation of money or exchange of any services, or any person, acting on his or her own behalf, attempting to sell an item for an amount far exceeding its value or where the item is already offered free of charge to the general public, and a reasonable person would understand that the purchase is in substance a donation.

Peddler means any person, firm or corporation, either a resident or a nonresident of the city, who has no permanent regular place of business and who goes from dwelling to dwelling, business to business, place to place, or from street to street, carrying or transporting goods, wares or merchandise and offering or exposing the same for sale.

Solicitor means any person, firm or corporation who goes from dwelling to dwelling, business to business, place to place, or street to street, taking or attempting to take orders for any goods, wares or merchandise, or personal property of any nature whatever for future delivery, except that the term "solicitor" shall not include solicitors for charitable and religious purposes and solicitors for subscriptions as those terms are defined in this section.

Solicitor for charitable or religious purposes means any person, firm, corporation or organization who or which solicits contributions from the public, either on the streets of the city or from door to door, business to business, place to place, or street to street, for any charitable or religious organization, and who does not sell or offer to sell any single item at a cost to the purchaser in excess of $10.00. No organization shall qualify as a charitable or religious organization unless the organization meets one of the following conditions:

1. (1) Has a current exemption certificate from the Internal Revenue Service issued under section 501(c)(3) of the Internal Revenue Service Code of 1954, as amended.
2. (2) Is a member of United Way, Community Chest or similar umbrella organization for charitable or religious organizations.
3. (3) Has been in continued existence as a charitable or religious organization in the county for a period of two years prior to the date of its application for registration under this chapter.

Solicitor for subscriptions means any person who solicits subscriptions from the public, either on the streets of the city, or from door to door, business to business, place to place, or street to street, and who offers for sale subscriptions to magazines or other materials protected by provisions of the Constitution of the United States.

Street barker means any peddler who does business during recognized festival or parade days in the city and who limits his business to selling or offering to sell novelty items and similar goods in the area of the festival or parade.

Transient vendor means any person who brings into temporary premises and exhibits stocks of merchandise to the public for the purpose of selling or offering to sell the merchandise to the public. The term "transient vendor" does not include any person selling goods by sample, brochure, or sales catalog for future delivery or to sales resulting from the prior invitation to the seller by the owner or occupant of a residence. For purposes of this definition, the term "merchandise" means any consumer item that is or is represented to be new or not previously owned by a consumer, and the term "temporary premises" means any public or quasi-public place including a hotel, roominghouse, storeroom, building or part of a building, tent, vacant lot, railroad car, or motor vehicle which is temporarily occupied for the purpose of exhibiting stocks of merchandise to the public. Premises are not temporary if the same person has conducted business at those premises for more than six consecutive months or has occupied the premises as his or her permanent residence for more than six consecutive months.

(Code 1995, § 9-201; Ord. No. 1060, § 1, 2-21-2017)

The terms of this chapter shall not apply to persons selling at wholesale to dealers. This chapter shall also not apply to newsboys, bona fide merchants who merely deliver goods in the regular course of business, or persons selling agricultural products, who, in fact, themselves produced the products being sold.

(Code 1995, § 9-202)

No person, firm or corporation shall operate a business as a peddler, transient vendor, solicitor or street barker, and no solicitor for charitable or religious purposes or solicitor for subscriptions shall solicit within the city unless the same has obtained a permit from the city in accordance with the provisions of this chapter. Each applicant shall be required to discuss with the police chief or his designee the specifications allowed or prohibited regarding the permit.

(Code 1995, § 9-203)

1. (1) Application form. A sworn application containing the following information shall be completed and filed with the finance department by each applicant for a permit as a peddler, transient vendor, solicitor, or street barker and by each applicant for a permit as a solicitor for charitable or religious purposes or as a solicitor for subscriptions:
   1. (a) The complete name and permanent address of the business or organization the applicant represents.
   2. (b) A brief description of the type of business and the goods to be sold.
   3. (c) The dates for which the applicant intends to do business or make solicitations.
   4. (d) The names and permanent addresses of each person who will make sales or solicitations within the city.
   5. (e) The make, model, complete description, and license tag number and state of issue of each vehicle to be used to make sales or solicitations, whether or not such vehicle is owned individually by the person making sales or solicitations, by the business or organization itself, or rented or borrowed from another business or person.
   6. (f) Tennessee state sales tax number, if applicable.
2. (2) Permit fee. Each applicant for a permit as a peddler, transient vendor, solicitor or street barker shall submit with his application a nonrefundable fee of $20.00. There shall be no fee for an application for a permit as a solicitor for charitable purposes or as a solicitor for subscriptions.
3. (3) Permit issued. Upon the completion of the application form and the payment of the permit fee, where required, the finance department shall issue a permit and provide a copy of the same to the applicant.
4. (4) Submission of application form to chief of police. Immediately after the applicant obtains a permit from the finance department, the finance department shall submit to the chief of police a copy of the application form and the permit.

(Code 1995, § 9-204)

No peddler, street barker, solicitor, solicitor for charitable purposes, solicitor for subscriptions, or panhandler shall:

1. (1) Be permitted to set up and operate a booth or stand on any street or sidewalk or in any other public area within the city.
2. (2) Stand or sit in or near the entrance to any dwelling or place of business or in any other place which may disrupt or impede pedestrian or vehicular traffic.
3. (3) Offer to sell goods or services or solicit in vehicular traffic lanes or operate a road block of any kind.
4. (4) Call attention to his business or merchandise or to his solicitation efforts by crying out, by blowing a horn, by ringing a bell, or creating other noise, except that the street barker shall be allowed to cry out to call attention to his business or merchandise during recognized parade or festival days of the city.
5. (5) Enter in or upon any premises or attempt to enter in or upon any premises wherein a sign or placard bearing the notice "Peddlers or Solicitors Prohibited," or similar language carrying the same meaning, is located.
6. (6) Stand on or otherwise occupy any portion of the public right-of-way, including any public street, median, alley or sidewalk, for the purpose of soliciting or accepting a donation of money or any other item from the occupant of any vehicle.
7. (7) By means of a sign or other device of any kind, use or occupy any portion of the public right-of-way, including any public street, median, alley or sidewalk, to attempt to alert the driver or any occupant of a motor vehicle that is on a street to any commercial activity.

(Code 1995, § 9-205; Ord. No. 1060, § 2, 2-21-2017)

A transient vendor shall not advertise, represent, or hold forth a sale of goods, wares or merchandise as an insurance, bankrupt, insolvent, assignee, trustee, estate, executor, administrator, receiver's, manufacturer's, wholesale, cancelled order, or misfit sale, or closing-out sale, or a sale of any goods damaged by smoke, fire, water or otherwise, unless such advertisement, representation or holding forth is actually of the character it is advertised, represented or held forth.

(Code 1995, § 9-206)

Each peddler, street barker, solicitor, solicitor for charitable purposes or solicitor for subscriptions is required to have in his possession a valid permit while making sales or solicitations and shall be required to display the same to any police officer upon demand.

(Code 1995, § 9-207)

The permit issued to any person or organization under this chapter may be suspended by the finance department for any of the following causes:

1. (1) Any false statement, material omission, or untrue or misleading information which is contained in or left out of the application; or
2. (2) Any violation of this chapter.

(Code 1995, § 9-208)

The permit of peddlers, solicitors and transient vendors shall expire on the same date that the permit holder's privilege license expires. The registration of any peddler, solicitor, or transient vendor who for any reason is not subject to the privilege tax shall be issued for six months. The permit of street barkers shall be for a period corresponding to the dates of the recognized parade or festival days of the city. The permit of solicitors for religious or charitable purposes and solicitors for subscriptions shall expire on the date provided in the permit, not to exceed 30 days.

(Code 1995, § 9-209)

No person shall solicit contributions or anything else of value for any real or alleged charitable or religious purpose without a permit from the city recorder authorizing such solicitation; provided, however, that this section shall not apply to any locally established organization or church operated exclusively for charitable or religious purposes if the solicitations are conducted exclusively among the members thereof, voluntarily and without remuneration for making such solicitations, or if the solicitations are in the form of collections or contributions at the regular assemblies of any such established organization or church.

(Code 1972, § 5-301; Code 1995, § 9-301)

The finance director shall issue a permit authorizing charitable or religious solicitations when, after a reasonable investigation, he finds the following facts to exist:

1. (1) The applicant has a good character and reputation for honesty and integrity or, if the applicant is not an individual person, that every member, managing officer or agent of the applicant has a good character or reputation for honesty and integrity.
2. (2) The control and supervision of the solicitation will be under responsible and reliable persons.
3. (3) The applicant has not engaged in any fraudulent transaction or enterprise.
4. (4) The solicitation will not be a fraud on the public but will be for a bona fide charitable or religious purpose.
5. (5) The solicitation is prompted solely by a desire to finance the charitable cause described by the applicant.

(Code 1972, § 5-302; Code 1995, § 9-302; Ord. No. 917, 4-20-2004)

Any applicant for a permit to make charitable or religious solicitations may appeal to the city council if he has not been granted a permit within 15 days after he makes application therefor.

(Code 1972, § 5-303; Code 1995, § 9-303)

Any solicitor required by this chapter to have a permit shall exhibit such permit at the request of any police officer or person solicited.

(Code 1972, § 5-304; Code 1995, § 9-304)

It is unlawful for any person to open, maintain, conduct or operate any place where pool tables or billiard tables are kept for public use or hire prior to 1:00 p.m. on Sunday or between the hours of 12:00 midnight and 6:00 a.m. on all days.

(Code 1972, § 5-501; Code 1995, § 9-401)

It is unlawful for any person engaged regularly, or otherwise, in keeping billiard, bagatelle, or pool rooms or tables, their employees, agents, servants, or other persons for them, knowingly to permit any person under the age of 18 years to play on the tables at any game of billiards, bagatelle, pool, or other games requiring the use of cue and balls, without first having obtained the written consent of the father and mother of such minor, if living; if the father is dead, then the mother, guardian, or other person having legal control of such minor; or if the minor is in attendance as a student at some literary institution, then the written consent of the principal or person in charge of such school, provided that this section shall not apply to the use of billiards, bagatelle, and pool tables in private residences.

(Code 1972, § 5-502; Code 1995, § 9-402)

1. (1) The purpose of this chapter is to establish regulations, procedures, and standards for towing companies called by the City of Athens Police Department to remove disabled, wrecked, abandoned, immobile, unattended, seized, or impounded motor vehicles from City streets, public rights-of-way, public property, or other locations where the Police Department has lawful authority to request towing services.
2. (2) It is the policy of the City to use a fair rotational call system for City-requested towing services, except when a vehicle owner, operator, or authorized agent requests a specific towing company, when public safety requires another response, or when the Police Department directs otherwise under law.
3. (3) This chapter is intended to:
   1. (a) Promote the safe and efficient removal, transportation, storage, and safekeeping of vehicles placed in the custody of towing companies at the request of the Police Department.
   2. (b) Require towing companies to comply with this chapter, the City fee schedule, the Tennessee Department of Safety and Homeland Security Tennessee Highway Patrol Towing Service Standards Manual, as amended, Tenn. Code Ann. § 55-31-104 (Motor Vehicle Portal), and any other applicable Tennessee law.
   3. (c) Ensure that towing companies used by the Police Department are reputable, reliable, properly permitted, properly insured, properly equipped, and staffed by qualified drivers.
   4. (d) Protect vehicle owners, lienholders, insurers, and the public from unreasonable fees, unsafe practices, solicitation at crash scenes, improper release of vehicles, loss of personal property, and inconsistent rotation practices.

(Code 1972, § 5-601; Code 1995, § 9-501; Ord. No. 1083, §§ 1, 2, 10-15-2019)

1. (1) This chapter applies to towing services requested by, authorized by, or directed through the City of Athens Police Department. It does not regulate purely private towing transactions.
2. (2) A towing company called at the request of a vehicle owner, operator, or authorized agent is not required to be on the City rotation list unless the Police Department determines that the vehicle creates an immediate traffic hazard or the requested towing company is unavailable, unwilling, or unable to respond in a reasonable time.

(Code 1972, § 5-602; Code 1995, § 9-502)

Abandoned motor vehicle. A motor vehicle meeting the definition of an abandoned motor vehicle under Tenn. Code Ann. § 55-31-102, as amended, including a vehicle left unattended on public property for statutory periods, a vehicle in obvious disrepair, a vehicle illegally left on public property, or other vehicles defined by state law. City-requested tow. A tow requested, authorized, or directed by the Police Department, including through dispatch, when the owner, operator, or authorized agent does not request a specific towing company or when public safety or law enforcement necessity requires City-directed towing. Disabled, immobile, or wrecked vehicle. A motor vehicle that cannot safely move under its own power due to accident, mechanical failure, damage, weather, emergency conditions, or other circumstances requiring towing or recovery. Owner-requested tow. A tow requested by the vehicle owner, operator, or authorized agent. The Police Department will honor such requests unless public safety, response time, equipment availability, or law enforcement needs require a City-requested tow. Police Chief. The Chief of Police of the City of Athens or the Chief's designee. Rotation list. The list maintained by the Police Department of towing companies approved and permitted by the City to respond to City-requested towing calls on a weekly rotating basis. Storage facility. A lot, building, or other facility used by a towing company for the storage and safekeeping of vehicles towed at the request of the Police Department. Tennessee Manual. The Tennessee Department of Safety and Homeland Security, Tennessee Highway Patrol Towing Service Standards Manual, revised January 2017, as amended, superseded, or replaced. Towing company. Any person, firm, corporation, partnership, association, or other entity engaged in the business of offering towing, recovery, transport, or storage services by use of tow trucks and storage facilities. Tow truck. A vehicle used to tow, recover, transport, or carry motor vehicles and classified under this chapter and the Tennessee Manual as Class A, B, C, or D, as applicable. Winching. Involving the use of a motor-powered spool of cable to recover a vehicle from locations not accessible for direct hook-up. This process is used to move vehicles from areas like ditches, mud, or embankments to a position where they can be towed, separate from standard loading or towing procedures. Working days. Monday through Friday, excluding official City holidays, unless state law requires a different calculation for a specific notice or deadline.

(Code 1972, § 5-603; Code 1995, § 9-503; Ord. No. 1083, § 3, 10-15-2019)

1. (1) The Police Chief shall administer and enforce this chapter. The Police Chief may approve, issue, renew, suspend, revoke, or deny permits under this chapter; maintain the rotation list; establish administrative forms and procedures; conduct inspections and audits; investigate complaints; and issue written directives consistent with this chapter.
2. (2) The Police Chief's action granting, denying, suspending, or revoking a towing company permit or driver permit is subject to review by the City Manager upon written appeal to the City Manager within ten (10) calendar days after written notice of the decision as provided in this chapter or as otherwise required by law.

(Code 1972, § 5-604; Code 1995, § 9-504; Ord. No. 1083, § 4, 10-15-2019)

1. (1) (No towing company, tow truck, or tow truck driver shall participate on the City rotation list unless approved by the Police Chief and issued the required City permit.
2. (2) As a condition of initial and continuing eligibility, a towing company shall:
   1. (a) Be listed on the Tennessee Highway Patrol rotation list for the applicable towing class.
   2. (b) Be licensed and registered to do business in Tennessee and comply with all applicable federal, state, and local requirements.
   3. (c) Maintain the insurance required by this chapter at all times.
   4. (d) Maintain tow trucks, equipment, drivers, records, and storage facilities in compliance with this chapter and the Tennessee Manual.
   5. (e) Charge no more than the fees authorized by the City's fee schedule and applicable Tennessee law.

(Code 1972, § 5-605; Code 1995, § 9-505)

1. (1) A towing company seeking placement on the City rotation list shall submit a complete application to the Police Department during the annual application period of June 1 through June 30, unless the Police Chief opens an additional application period due to public need.
2. (2) The application shall include, at a minimum:
   1. (a) Proof of current Tennessee Highway Patrol rotation status.
   2. (b) A completed Towing Service Application (SF-1112), Driver Qualification Form (SF-1117), Tow/Storage Rates Disclosure Form (SF-1118), Company Information Disclosure Form (SF-1119), Facilities and Equipment Inspection Form (SF-1120), Driver/Vehicle Inspection Report for each tow truck (SF-1156), and any successor or substantially equivalent form required by the Police Department.
   3. (c) Current certificates of insurance identifying required vehicle liability, garage keepers’ liability, and on-hook coverage.
   4. (d) Proof that each owner and driver responding to City-requested calls has completed required Traffic Incident Management training.
   5. (e) Criminal history check for the towing company’s owner(s) and all tow truck drivers. A felony conviction or pending felony charge shall prohibit the owner or drivers from being permitted to be on the City’s rotation list.
   6. (f) A copy of a sample customer invoice.
   7. (g) A certification that the applicant has read, understands, and will comply with this chapter, applicable Tennessee law, the Tennessee Manual, and Police Department directives.

(Code 1972, § 5-606; Code 1995, § 9-506; Ord. No. 1083, § 5, 10-15-2019)

1. (1) Permits shall be valid for one (1) permit year, beginning July 1 and ending June 30, unless suspended or revoked earlier. Renewal applications shall be submitted between June 1 and June 30 each year with the same information and forms as the original application but updated to reflect current information.
2. (2) A towing company shall promptly notify the Police Department, in writing, of changes in ownership, business name, business address, telephone number, storage facility, insurance, tow trucks, drivers, or any other material application information. New or substitute tow trucks and drivers may be approved during the permit year if they meet all requirements of this chapter before responding to City-requested calls.
3. (3) During renewal, the Police Department may inspect records, tow trucks, equipment, driver qualifications, storage facilities, insurance, and rates. If deficiencies are found, renewal may be denied, delayed, conditioned, or withheld until the deficiencies are corrected.

(Code 1972, § 5-607; Code 1995, § 9-507; Ord. No. 1083, § 6, 10-15-2019)

1. (1) Application fees, renewal fees, permit fees, service fees, and maximum towing and storage charges shall be established by the City Council through the annual budget process.
2. (2) No towing company responding to a City-requested tow shall charge a rate or fee exceeding the City fee schedule, the maximum fee approved by the Tennessee Highway Patrol for the same service, or any other applicable state-law limitation, whichever is most restrictive.

(Code 1972, § 5-608; Code 1995, § 9-508)

1. (1) Each approved towing company shall maintain insurance covering towing and storage operations at all times. The policy shall be in the name of the towing company or the towing company's owner and shall identify the tow trucks covered.
2. (2) A certificate of insurance shall be filed with the City before placement on the rotation list and upon renewal, policy change, expiration, cancellation, or request by the Police Chief. Certificates must itemize vehicle liability, garage keepers’ liability, and on-hook coverage.
3. (3) For purposes of this section, the following definitions shall apply:
   1. (a) Vehicle Liability: insurance that pays for damages due to bodily injury and property damage to others for which the towing company is responsible.
   2. (b) Garage Keepers Liability: insurance that protects a garage keeper against liability for damage to vehicles in his/her care, custody, or control.
   3. (c) On-Hook Coverage: insurance that will normally pay to repair or replace a vehicle that the towing company did not own if it is damaged by a collision, fire, theft, explosion, or vandalism while being towed or hauled.

(4) An umbrella policy is acceptable as long as it covers the required categories and provides total coverage equal to or greater than the applicable minimums. Nothing prevents a towing company from obtaining greater coverage.

(5) The towing company assumes responsibility for personal injury, property damage, and loss or damage to vehicles and contents caused by the towing company's intentional, reckless, or negligent acts or omissions from the time the towing company makes contact with a vehicle or takes custody of a vehicle.

(Code 1972, § 5-609; Code 1995, § 9-509; Ord. No. 1083, § 7, 10-15-2019)

(1) Tow trucks shall be classified as Class A, Class B, Class C, or Class D in accordance with this chapter and the Tennessee Manual. Each tow truck shall be listed in only one class for rotation purposes unless separately approved by the Police Chief.

(Code 1972, § 5-611; Code 1995, § 9-511; Ord. No. 1083, § 8, 10-15-2019)

1. (1) Each tow truck responding to a City-requested tow shall carry and maintain all equipment required by the Tennessee Manual and this chapter. Required equipment includes, at a minimum:
   1. (a) One functional, amber-colored rotating, strobe, or LED warning light permanently mounted on top of the tow truck. Sirens are prohibited.
   2. (b) Emergency flashers and directional lights visible to the front in amber color.
   3. (c) One heavy-duty push broom; one shovel; one axe; one pinch bar, pry bar, or crowbar; one set of bolt cutters; and equipment necessary to remove glass, debris, and other injurious substances from the roadway.
   4. (d) Flood lights mounted high enough to illuminate the scene at night.
   5. (e) One fully charged 20-pound fire extinguisher or two fully charged 10-pound fire extinguishers with an Underwriters Laboratories rating of 4A:B:C or greater, securely mounted.
   6. (f) At least 50 pounds of fluid absorption compound for Class A, Class B, and Class D tow trucks and at least 100 pounds for Class C tow trucks.
   7. (g) Three red emergency reflectors.
   8. (h) A light bar capable of displaying two tail lamps, two stop lamps, and two turn signals on the rearmost vehicle while in tow when the towed vehicle's lights cannot be displayed.
   9. (i) All additional chains, straps, dollies, cribbing, blocking, absorbent, tarps, securement devices, and safety equipment reasonably necessary for the class of tow and scene conditions.
2. (2) Each tow truck shall display the towing company's name, address, telephone number, and USDOT number if applicable. The information shall be permanently affixed or painted on both sides of the tow truck, visible from 50 feet. Magnetic signs are not permitted.

(Code 1972, § 5-612; Code 1995, § 9-512)

1. (1) Each driver responding to City-requested calls shall:
   1. (a) Be at least 21 years of age unless a specific exception is required by state law.
   2. (b) Possess a valid Tennessee driver license or commercial driver license appropriate for the tow truck and work performed.
   3. (c) Have no felony conviction or pending felony charge that disqualifies the driver under the Tennessee Manual or this chapter.
   4. (d) Complete required Traffic Incident Management System training before responding to City-requested calls.
   5. (e) Wear a high-visibility traffic safety vest, shirt, or coat meeting ANSI Class 2 or higher while working at or near the scene and use amber colored lights on scene and while towing a vehicle.
   6. (f) Comply with all lawful directions of the Police Department officer in charge of the scene.
   7. (g) Operate safely, lawfully, and professionally, and avoid conduct that reflects adversely on the City or creates a safety risk.
   8. (h) The towing company shall maintain a current driver list and shall notify the Police Department before any new driver responds to City-requested calls. A driver who becomes disqualified shall not respond to City-requested calls until reinstated by the Police Chief.

(Code 1972, § 5-613; Code 1995, § 9-513)

1. (1) Each towing company shall maintain a business office with a highly visible exterior sign displaying the towing company's name, address, and telephone number. Current tow and storage rates shall be posted conspicuously at the business office in a form clearly visible to customers.
2. (2) The business office and storage facility shall be accessible to customers and the Police Department from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding City holidays, and at other reasonable times for law enforcement purposes, vehicle release, or emergency conditions.
3. (3) Each towing company shall provide adequate, safe, and secure storage for vehicles towed at the request of the Police Department. Storage facilities shall be secured by fencing, lighting, and surveillance cameras and other security measures approved by the Police Chief to deter theft and vandalism.
4. (4) If the storage facility is separate from the business office, the storage facility shall have a highly visible exterior sign displaying the towing company's name, address, and telephone number. No two towing companies, including affiliated or parent/subsidiary entities, may share the same storage facility unless expressly approved by the Police Chief for good cause and consistent with the independence requirements of this chapter.

(Code 1972, § 5-614; Code 1995, § 9-514)

1. (1) The Police Department shall maintain the rotation list by tow truck company. Rotation list shall be seven (7) days for each permitted towing company. Calls shall be made through dispatch or other Police Department procedures approved by the Police Chief.
2. (2) A towing company shall have at least one properly equipped, operating, permitted tow truck and qualified driver available 24 hours per day, including holidays, during its rotation. If the towing company cannot respond, lacks proper equipment, does not answer, or declines the call, the next towing company on the rotation list shall be called.
3. (3) The towing company shall respond to a wreck or disabled vehicle within 20 minutes after being called, except for verifiable extenuating or unusual circumstances approved by the Police Department. Class C heavy-duty calls may be allowed additional response time when necessary due to equipment availability, distance, scene complexity, or public safety needs.
4. (4) If a towing company misses two calls within one rotation cycle, the Police Chief may suspend, condition, or remove the company from the rotation list.
5. (5) The Police Department officer in charge of a scene may direct the towing company to remove the vehicle creating the greatest hazard first, to use additional equipment, to preserve evidence, to avoid entering a vehicle, or to transport a vehicle to a particular facility.

(Code 1972, § 5-615; Code 1995, § 9-515)

1. (1) The Police Department shall honor the request of the owner, operator, or authorized agent of a disabled, wrecked, abandoned, immobile, or unattended vehicle to call a specific towing company, whether or not that towing company is on the City rotation list, unless:
   1. (a) The requested towing company is not available, refuses the call, or cannot respond within 20 minutes, or within 30 minutes for a Class C heavy-duty tow, unless a longer time is approved by the Police Department officer in charge;
   2. (b) The vehicle presents an immediate traffic hazard or public safety risk requiring prompt removal;
   3. (c) The requested towing company lacks the equipment needed for the vehicle or scene;
   4. (d) The tow is connected to a seizure, impound, arrest, investigation, evidence hold, or other law enforcement need requiring City-directed handling; or
   5. (e) The request is otherwise inconsistent with applicable law or public safety.

If any exception applies, the Police Department may call the towing company on the City rotation list.

(Code 1972, § 5-616; Code 1995, § 9-516)

1. (1) Each towing company responding to a City-requested tow shall:
   1. (a) Tow, recover, transport, and store vehicles safely and in accordance with this chapter, the Tennessee Manual, applicable law, and industry best practices.
   2. (b) Use the tow truck class, equipment, and personnel appropriate for the vehicle and scene.
   3. (c) Remove glass, vehicle parts, and other injurious substances from the street or highway as required by Tenn. Code Ann. § 55-8-170 and this chapter. Debris shall not be placed in the passenger compartment of a vehicle.
   4. (d) Not intentionally drain vehicle fluids onto the road, right-of-way, stormwater system, soil, or surrounding environment.
   5. (e) Use reasonable care to prevent additional damage to the vehicle and its contents.
   6. (f) Transport the vehicle to the towing company's approved storage facility, a destination requested by the vehicle owner or operator after charges are agreed upon, a Police Department impound facility, or another location directed by the Police Department.
   7. (g) Not perform repairs or additional services unless requested by the vehicle owner, operator, authorized agent, insurer, or lienholder, or unless necessary to safely remove a hazard.
   8. (h) Not solicit towing work at or near a crash, disabled vehicle, or law enforcement scene unless called by the vehicle owner, operator, authorized agent, or Police Department.

(Code 1972, § 5-617; Code 1995, § 9-517)

1. (1) No towing company shall release a vehicle impounded by, seized by, or held at the direction of the Police Department without authorization from the Police Department. If no law enforcement hold exists, the vehicle shall be released to a verified owner, lienholder, insurer, or authorized agent upon proof of the right to possess the vehicle and payment of lawful charges.
2. (2) A towing company shall safeguard personal property in towed or stored vehicles. Unless the Police Department places a hold or otherwise directs, the towing company shall release personal property or cargo to the verified owner or authorized agent during normal business hours without charge.
3. (3) If a firearm is found in a stored vehicle, the towing company shall follow Tennessee law (§ 55-31-105) and any Police Department procedure governing notification, safekeeping, transfer, and release.

(Code 1972, § 5-618; Code 1995, § 9-518)

1. (1) Each towing company shall use a standard invoice form containing the towing company's name, physical address, storage facility address, telephone number, and email address.
2. (2) An invoice shall be prepared for each City-requested tow. When the owner, operator, or authorized representative is present and circumstances permit, a copy shall be provided at the scene or as soon as practicable. The towing company shall retain duplicate invoices and tow records for at least two (2) years or a longer period in a chronological order as required by law or City policy.
3. (3) Each invoice shall include, at a minimum:
   1. (a) Date, time, and location of the tow;
   2. (b) Name and address of the person requesting or authorizing the tow, if known;
   3. (c) Name and address of the vehicle owner, operator, or person involved, if known;
   4. (d) Vehicle year, make, model, color, license plate number, state, and VIN, if available;
   5. (e) Tow truck class used and destination of the vehicle;
   6. (f) Itemized charges, including towing, mileage, winching, recovery, storage, notification, and any approved additional charges;
   7. (g) A good-faith estimate of charges when final charges cannot be determined at the scene;
   8. (h) Daily storage rate and the date and time storage charges begin;
   9. (i) Name of the driver or employee preparing the invoice.
   10. (j) Invoices, rates, dispatch records, release forms, notices, photographs, storage logs, and other records related to City-requested tows shall be available for inspection by the Police Chief during normal business hours or during an investigation.

(Code 1972, § 5-619; Code 1995, § 9-519)

1. (1) A towing company on the City rotation list shall be independent of every other towing company on the City rotation list. Unless approved by the Police Chief for good cause, no towing company may share a telephone number, address, business license, storage facility, tow trucks, or required operating equipment with another rotation towing company.
2. (2) A towing company and its owners, officers, employees, agents, and drivers shall not:
   1. (a) Refer, sell, assign, subcontract, delegate, or transfer a City-requested call to another towing company without approval from the Police Department.
   2. (b) Solicit towing work at a crash, disabled vehicle, or law enforcement scene unless requested by the vehicle owner, operator, authorized agent, or Police Department.
   3. (c) Charge unauthorized rates, hidden fees, administrative fees, gate fees, release fees, credit card surcharges, or other fees prohibited by the City fee schedule or state law.
   4. (d) Refuse lawful release of a vehicle, personal property, or cargo after the person seeking release presents required proof and pays lawful charges, unless a Police Department hold or legal restriction applies.
   5. (e) Use an unpermitted tow truck or unqualified driver for a City-requested call.

1. (1) The Police Chief may inspect or audit any approved towing company's tow trucks, equipment, business office, storage facility, insurance, driver files, rates, invoices, tow records, notices, and release records during normal business hours or at other reasonable times when needed for public safety, compliance, or investigation.
2. (2) Complaints may be submitted by vehicle owners, operators, lienholders, insurers, towing companies, City employees, or members of the public. The Police Chief may investigate complaints and may require written responses, records, photographs, invoices, or other information from the towing company.
3. (3) Failure to cooperate with an audit, inspection, complaint investigation, or records request is grounds for the towing company to be deleted from the City rotation list.

1. (1) The Police Chief may deny, suspend, revoke, condition, or refuse to renew a permit; remove a towing company, tow truck, or driver from the City rotation list; or require corrective action for any violation of this chapter, City policy, the Tennessee Manual, applicable law, or public safety standards.
2. (2) Grounds for being removed from the rotation list include, but are not limited to:
   1. (a) False, misleading, incomplete, or fraudulent application information or records;
   2. (b) Failure to maintain insurance, equipment, tow truck registration, qualified drivers, required training, or storage facilities;
   3. (c) Failure to answer, timely respond to, or properly complete City-requested calls;
   4. (d) Use of unpermitted tow trucks or unqualified drivers;
   5. (e) Overcharging, unauthorized fees, refusal to honor the fee schedule, or failure to provide itemized invoices;
   6. (f) Improper solicitation, kickbacks, referral arrangements, call delegation, or conflicts of interest;
   7. (g) Failure to safeguard vehicles, personal property, cargo, or evidence;
   8. (h) Failure to release vehicles or property when release is legally required;
   9. (i) Failure to comply with notice, recordkeeping, or audit requirements;
   10. (j) Unsafe operations, discourteous conduct, criminal conduct, or conduct creating a risk to the public, the City, or the Police Department;
   11. (k) Any violation of this chapter, the Tennessee Manual, or applicable state or federal law.
3. (3) The Police Chief may impose immediate temporary suspension when continued participation presents a public safety risk, threatens loss or damage to vehicles or evidence, involves lapsed insurance, or otherwise requires immediate action.

1. (1) A towing company or driver aggrieved by a denial, suspension, revocation, removal, or refusal to renew may file a written appeal with the City Manager within ten (10) calendar days after written notice of the decision, unless a different period is required by law.
2. (2) The City Manager, or the City Manager's designee, shall review the record and may affirm, reverse, modify, or remand the decision. The City Manager's decision shall be final administrative action of the City unless otherwise provided by law.
   

1. (1) The City is responsible for payment only for fees and charges the City expressly authorizes or is legally required to pay, including charges associated with vehicles seized, impounded, or held by the Police Department when City payment is required by law, court order, or written authorization.
2. (2) Except as provided in this section, the City is not responsible for towing, recovery, preservation, storage, administrative, or related charges owed by a vehicle owner, operator, lienholder, insurer, or other responsible party.

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:

Building tradesmen (hereinafter referred to as the trades) includes the following occupations: builder, home improvement contractor, electricians, plumbers, and mechanical (heat, ventilation, and air conditioning (HVAC)) contractors, but not limited to these occupations.

(Code 1995, § 9-701; Ord. No. 1080, § 1, 9-17-2019)

Before any person or corporation shall perform any trade in the city, they shall be qualified as set forth herein and a license shall be obtained from the city, or they must hold a valid state contractor's license for their particular trade.

(Code 1995, § 9-702)

Any person or corporation that desires to do work in the city shall make application with the department of community development and provide verifiable proof of a minimum of five years' experience in the trade in which he is seeking licensing in or showing proof of passing the trade examination given by the state for state contractors, home improvement contractors, limited licensed electricians, or limited licensed plumbers. The person or corporation shall pay all necessary city license fees that are applicable at that time and shall abide by all city ordinances.

(Code 1995, § 9-703; Ord. No. 904, 10-15-2002; Ord. No. 1080, § 2, 9-17-2019)

Licenses shall be issued annually by the department of community development to all applicants who comply with the requirements of this chapter. All licenses shall carry an expiration date of December 31 of each year with a grace period extending through March 31 of the next year. The fee for license renewal shall be set by the department of community development and must be submitted to the city before March 31. Contractors with a state license shall pay all licensing fees as set forth by the city department of community development.

(Code 1995, § 9-704; Ord. No. 904, 10-15-2002)

Any person or corporation, engaged in doing work in any of the trades mentioned in ACC 9-177, which does not conform to the applicable codes adopted by the city, or whose workmanship or materials are of inferior quality, shall on notice from the appropriate inspector make necessary changes or corrections at once so as to conform to the applicable code. If such work has not been corrected after ten days' notice from the inspector, the inspector shall then refuse to issue further permits to such licensee until his work has been made to fully comply with the applicable code. The building inspector may revoke any license that has been issued by the city hereunder for continuous violations. When the revocation of any license that has been issued by the city is to be considered, the person to whom the license has been issued shall be given seven days' notice in writing of the revocation of the license that has been issued by the city. Such notice shall state the reasons for the revocation and shall inform the licensee of the appeals process whereby, upon the request of the licensee, the building inspector shall present his charges resulting in revocation to the board of adjustments and appeals. During the appeal process, the licensee shall be allowed to appear in his own behalf, to be represented by legal counsel, and to present witnesses. It shall be the responsibility to the board of adjustments and appeals to render a decision to concur with the revocation or to reinstate the license that has been issued by the city.

(Code 1995, § 9-705; Ord. No. 904, 10-15-2002; Ord. No. 1080, § 3, 9-17-2019)

No person or corporation engaged in doing work in any of the trades cited in ACC 9-177 shall allow his name to be used by any other person, firm, or corporation, directly or indirectly, to obtain a permit, or for the construction of any work under his name or license nor shall he make any misrepresentations or omissions in his dealings with the city.

(Code 1995, § 9-706; Ord. No. 904, 10-15-2002)

Each trade shall be responsible to purchase the proper permits for each job of record, and they are responsible for the proper inspections to be made at each phase of the construction process and to see that proper entrance to the premises is provided to the appropriate inspector. No work shall be covered or made inaccessible until the proper inspection has been made.

(Code 1995, § 9-707; Ord. No. 904, 10-15-2002)

The ordinance from which this chapter is derived is enacted to provide minimum standards and regulations applicable to private fire and security alarm users and businesses. Both society in general and public safety in particular will be aided by providing a useful and usable system of private security which properly balances quick response by police with minimization of police time spent on alarms which are false or otherwise not the intended function of private security systems.

(Code 1972, § 5-901; Code 1995, § 9-801; Ord. No. 837, § 1, 11-18-1997)

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:

Alarm business means any business in which the owners or employees engage in the activity of altering, installing, leasing, maintaining, repairing, replacing, selling or servicing alarm systems.

Alarm system means an assembly of equipment and devices or a single device, such as a solid state unit, which plugs directly into a 110 volt AC line or otherwise receives electrical energy arranged to signal the presence of a hazard requiring urgent attention and to which emergency personnel are expected to respond. In this chapter, the term "alarm system" shall include the terms "automatic robbery alarm system," "burglar system," "fire alarm system," and "personal alarm system," as those terms are defined in this section. Excluded from the definition of the term "alarm system" and from the coverage of this chapter are alarm systems used to alert or signal persons within the premises in which the alarm system is located of an attempted unauthorized intrusion or robbery attempt. If such a system, however, employs an audible signal emitting sounds or a flashing light or beacon designed to signal persons outside the premises, such system shall be within the definition of the term "alarm system" and shall be subject to this chapter.

Annunciator means the instrumentation on an alarm console at the receiving terminal of a signal line which, through both visual and audible signals, shows when an alarm device at a particular location has been activated. An annunciator may also indicate line trouble.

Answering service means a telephone answering service providing among its services the service of receiving on a continuous basis through trained employees emergency signals from alarm systems and thereafter immediately relaying the message by live voice to the communication center.

Automatic dialing device means an alarm system which automatically sends over regular telephone lines, by direct connections or otherwise, a pre-recorded voice message or code signal indicating the existence of the emergency situation that the alarm system is designed to detect.

Automatic robbery alarm system means an alarm system in which signal transmission is initiated by the action of the robber. The term "robbery" means the intentional or knowing theft of property from the person of another by violence or putting the person in fear.

Burglar alarm system means an alarm system signaling an entry or attempted entry into the area protected by the system.

Direct connect means an alarm system which has the capability of transmitting system signals to and receiving them at an agency maintained by the local government, for example, a communication center.

False alarm means the activation of an alarm system through mechanical failure, malfunction, improper installation or the negligence of the owner or lessee of an alarm system or of his employees or agents or other undetermined causes. The term "false alarm" does not include, for example, alarms caused by hurricanes, tornadoes, earthquakes, or other violent conditions.

Interconnect means to connect an alarm system to a voice grade telephone line, either directly or through a mechanical device that utilizes a standard telephone, for the purpose of using the telephone line to transmit an emergency message upon the activation of the alarm system.

Manual robbery alarm system means an alarm system in which the signal transmission is initiated by the direct action of the victim of a robbery or by an observer of a robbery.

Modified central station means an office to which remote alarm and supervisory signaling devices are connected, where operators supervise the circuits.

Police chief means the chief of the police department of the city or his designated representative.

Primary trunkline means a telephone line leading directly into the communication center that is for the purpose of handling emergency calls on a person-to-person basis and which is identified as such by a specific number included among the emergency numbers listed in the telephone directory issued by the telephone company and covering the service area within the police and fire department's jurisdiction, or numbers in sequence therewith.

Subscriber means a person who buys and/or leases or otherwise obtains an alarm signaling system and thereafter contracts with or hires an alarm business to monitor and/or service the alarm device.

(Code 1972, § 5-902; Code 1995, § 9-802; Ord. No. 837, § 1, 11-18-1997)

The police chief or such officer as the police chief may designate shall promulgate such rules as may be necessary for the implementation of this chapter. Such rules shall require the approval of the city manager and shall be open to inspection by the public.

(Code 1972, § 5-903; Code 1995, § 9-802; Ord. No. 837, § 1, 11-18-1997)

1. (1) No person shall interconnect any automatic dialing device to an emergency primary truckline telephone number except one designated for the specific purpose of answering automatic dialing devices. No person shall permit such devices to remain interconnected to an emergency primary trunkline, except one designated for the specific purpose of answering automatic dialing devices, from any property owner or controlled by that person.
2. (2) The director of the communications department may approve the connection of an automatic dialing device to an emergency primary trunkline phone number installed to answer automatic dialing devices.

(Code 1972, § 5-904; Code 1995, § 9-804; Ord. No. 837, § 1, 11-18-1997)

No alarm system relayed through intermediate services to the communications department will be tested by users to determine emergency response.

(Code 1972, § 5-906; Code 1995, § 9-805; Ord. No. 837, § 1, 11-18-1997)

When an alarm business' service to its subscribers is disrupted for any reason by the alarm business, or the alarm business becomes aware of such disruption, it shall promptly notify its subscribers by telephone that protection is no longer being provided. If, however, the alarm business has written instructions from its subscribers not to make such notification by telephone during certain hours, the alarm business may comply with such instructions.

(Code 1972, § 5-907; Code 1995, § 9-806; Ord. No. 837, § 1, 11-18-1997)

Any person who violates any provision of this chapter shall, upon conviction, be subject to a civil penalty under ACC 1-13 by the city, together with the costs and costs of prosecution.

(Code 1972, § 5-909; Code 1995, § 9-807; Ord. No. 837, § 1, 11-18-1997)

The city will not be liable for failure to respond to any call, whether genuine or false.

(Code 1972, § 5-910; Code 1995, § 9-808; Ord. No. 837, § 1, 11-18-1997)

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)