Chapter 10
OFFENSES AND MISCELLANEOUS PROVISIONS
Article I. In General
Sec. 10-1. Loitering, violent acts, fighting, breach of the peace, impeding traffic, etc.
Sec. 10-2. Destruction of public property.
Sec. 10-3. Public intoxication.
Sec. 10-4. Solicitation for contributions within the rights-of-way of roads and highways.
Sec. 10-5. Property clean-up assistance guidelines.
Sec. 10-6. Indigent funeral policy.
Secs. 10-7– 10-20. Reserved.
Article II. Adult Entertainment Establishments
Sec. 10-21. Purpose.
Sec. 10-22. Definitions.
Sec. 10-23. Regulations.
Sec. 10-24. Additional regulations applicable to adult dancing establishments, erotic entertainment/dance establishments, and lingerie modeling studios.
Sec. 10-25. License required.
Sec. 10-26. Operation of unlicensed premises unlawful.
Sec. 10-27. Application for license.
Sec. 10-28. Application contents; supporting documents.
Sec. 10-29. Notice of intent to engage in business.
Sec. 10-30. Application; investigation; issuance.
Sec. 10-31. License renewal.
Sec. 10-32. License nontransferable.
Sec. 10-33. Change of location.
Sec. 10-34. Change of name.
Sec. 10-35. Modification of licensed premises.
Sec. 10-36. License, refusal.
Sec. 10-37. Violations; penalties.
Sec. 10-38. Adult entertainment establishment employees.
Sec. 10-39. Compliance.
ARTICLE I.
IN GENERAL*
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Editor's note: See the editor's note to art. II of this chapter, § 10-21 et seq.
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Sec. 10-1. Loitering, violent acts, fighting, breach of the peace, impeding traffic, etc.
(a) It shall be unlawful for any person within the unincorporated areas of the county to violate any of the following provisions:
(1) No person shall remain or loiter upon any premises to which the public has access, including but not limited to such places as shopping center parking lots, where the person's presence upon such premises is unrelated to the normal activity, use or business for which such premises are made available to the public;
(2) No person shall act in a violent or tumultuous manner toward another whereby any other person is placed in fear of safety of such other person's life, limb or health, or whereby the property of another is placed in danger of being destroyed or damaged;
(3) No person shall endanger the lawful pursuits of another by acts of violence, angry threats or abusive conduct;
(4) No person shall cause, provoke, or engage in any fight, brawl or riotous conduct so as to endanger life, limb, health or property;
(5) No person shall assemble or congregate with another or others for the purpose of causing, provoking or engaging in any fight or brawl;
(6) No person shall jostle, roughly crowd or push any person in any public place;
(7) No person shall use "fighting words," or loud and boisterous language directed towards another so as to create a breach of the peace potentially dangerous to the safety of persons or property;
(8) No person shall congregate with another or others in or on any public way or place so as to halt or impede the flow of vehicular or pedestrian traffic after having been directed to clear such public way or place when ordered by law enforcement officials.
(b) Pursuant to the provisions contained in O.C.G.A. § 36-1-20(b), the maximum punishment for the violation of this section shall not exceed a fine of $1,000.00 or imprisonment for 60 days, or both.
(Ord. of 7-11-95)
Sec. 10-2. Destruction of public property.
(a) No person shall maliciously damage, deface, break, destroy or molest any public property in parks, on public roads, or at any other location in the county.
(b) Pursuant to the provisions contained in O.C.G.A. § 36-1-20(b), the maximum punishment for the violation of this section shall not exceed a fine of $1,000.00 or imprisonment for 60 days, or both.
(Ord. of 6-11-85(2); Ord. of 7-11-95)
State law references: Destruction of property, O.C.G.A. § 16-7-24.
Sec. 10-3. Public intoxication.
(a) It shall be unlawful for any person to be and appear in an intoxicated condition in any public place or within the curtilage of any private residence not such person's own other than by invitation of the owner or lawful occupant, which condition is made manifest by boisterousness, by indecent condition or act, or by vulgar, profane, loud, or unbecoming language.
(b) Pursuant to the provisions contained in O.C.G.A. § 36-1-20(b), the maximum punishment for the violation of this section shall not exceed a fine of $1,000.00 or imprisonment for 60 days, or both.
(Ord. of 7-11-95)
State law references: Public drunkenness, O.C.G.A. § 16-11-41.
Sec. 10-4. Solicitation for contributions within the rights-of-way of roads and highways.
(a) Charitable organizations registered in accordance with O.C.G.A. § 43-17-5 and such other organizations exempt from registration in accordance with O.C.G.A. § 43-17-9 are authorized to solicit charitable contributions upon the roads and highways within the unincorporated portion of Whitfield County, Georgia, subject to compliance with the requirements of this section.
(b) Charitable organizations seeking a permit pursuant to this section shall file an application, upon a form to be provided by Whitfield County Administrator's Office. Such application shall include the name, address, and telephone number of the organization, the officers of the organization, documentary proof of registration of the organization in accordance with O.C.G.A. § 43-17-5 or proof of exemption from such registration in accordance with O.C.G.A. § 43-17-9, the date(s), time(s), place(s), and names and ages of participants of the proposed solicitation and shall include an agreement by the organization to hold harmless and to indemnify Whitfield County from any and all liability for injury or damage arising out of the permitted solicitation. The organization shall provide proof of general liability insurance coverage with aggregate limits of not less than $2,000,000.00 insuring against any loss which may arise as a result of the proposed solicitation. A permit fee of $20.00 per event day shall be paid upon submission of the application.
(c) All individuals requesting permission to solicit contributions on behalf of an organization applying for a permit hereunder shall be not less than 21 years of age.
(d) All individuals authorized to solicit contributions on behalf of organizations pursuant to this section shall wear reflective safety vests or other similar reflective safety apparel at all times.
(e) The hours during which charitable organizations holding permits pursuant to this section may solicit contributions shall be not earlier than 8:00 a.m. and not later than 5:00 p.m., Monday through Saturday.
(f) Permits shall be nontransferable and shall expire not more than 30 days after issuance.
(g) Organizations shall maintain a copy of the permit available for inspection during the course of any solicitation.
(h) Either the sheriff, his duly authorized representative, or the county administrator may revoke any permit issued to any organization upon receipt of a credible report of the use of vulgar, insulting, offensive, or threatening language during the course of any solicitation or upon reasonable cause to believe that such solicitation is causing a potential traffic hazard, danger to motorist(s), danger to any individual involved in the solicitation, or that any other federal, state, or local law, rule, or regulation has been violated during the course of any solicitation.
(i) Pursuant to the provisions of O.C.G.A. § 36-1-20(b), the maximum punishment for the violation of this section shall not exceed a fine of $1,000.00 or imprisonment for 60 days, or both.
(Ord. of 5-13-02)
Editor's note: Section 1 of an ordinance adopted May 13, 2002, repealed and replaced § 10-4, which had formerly pertained to cable television rate regulations, and derived from a resolution adopted Jan. 11, 1994.
Sec. 10-5. Property clean-up assistance guidelines.
(a) An individual may qualify for consideration for assistance under this program if they meet the following guidelines:
(1) A person is over 65 or is medically categorized as 50 percent disabled; and is financially indigent as defined by state department of family and children services guidelines; or
(2) Is financially indigent as defined by state department of family and children services guidelines.
(b) The property owner and tenant, if any, must sign a release of liability form relieving the county and the volunteers from responsibility for injury or damage.
(c) Those individuals qualifying under subsection (a)(2) must actively participate in the clean-up process.
(d) All individuals serving as volunteers under the program must sign a waiver releasing the county for responsibility for injury or damage caused as a result of their participation in the clean-up.
(Res. of 3-14-95)
Sec. 10-6. Indigent funeral policy.
(a) Eligibility. A funeral is determined to be indigent when the decedent, his family, and his immediate kindred are indigent and unable to provide for his decent interment.
(b) Decent interment defined by services funded. A "decent interment" is defined as having the following services provided by the local funeral home:
(1) Basic services of the funeral director and staff.
(2) Embalming of the decedent.
(3) Dress of the decedent.
(4) One hour visitation of friend and indigent family.
(5) Service at the funeral home.
(6) Transport of the decedent to the funeral home.
(7) Hearse to transport the decedent to the gravesite.
(8) Flower/service vehicle to follow the hearse.
(9) Provision of a casket (20 gauge steel non-gasket).
(10) The City of Dalton will provide grave space in the pauper section and will open and close the grave and will waiver the grave-liner.
(c) Services not funded. The following services exceed the decent interment described above and will not be funded by Whitfield County:
(1) Use of a family cemetery or other cemetery that will incur cost for this service.
(2) Graveside services.
(3) Use of a tent.
(4) Radio and newspaper notices.
(5) Death certificates.
(d) Reimbusement of cost. Reimbursement shall be made only to Whitfield County funeral homes in the amount of $2,000.00 for each indigent funeral based on the criteria listed above for either an adult or child upon the receipt of the death certificate and the completion of the certification of pauper status for indigent funeral form dated July 11, 2005.
(Ord. of 8-8-05)
State law references: Burial, appropriation for, O.C.G.A., § 36-12-5 et seq.
Secs. 10-7– 10-20. Reserved.
ARTICLE II. ------------
Editor's note: Inclusion of the provisions of §§ 1– 19 of an ordinance adopted May 11, 1993, as Ch. 10, Art. II, §§ 10-21– 10-39, was at the discretion of the editor, the ordinance being nonamendatory of the Code. The existing provisions of the chapter, §§ 10-1– 10-3, were designated Art. I.
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Sec. 10-21. Purpose.
The purpose of this article is to regulate certain types of businesses to the end that the many types of criminal activities frequently engendered by such businesses and the adverse affect on property values and on the public health, safety, and welfare of the county, and on its citizens and property, and on the character of its neighborhoods and development will be curtailed. This article is not intended as a de facto prohibition of legally protected forms of expression. This article is intended to represent a balancing of competing interests: reduced criminal activity and protection of the neighborhoods and development through the regulation of adult entertainment establishments versus any legally protected rights of adult entertainment establishments and patrons. This article is not intended to allow or license any business, establishment, or activity which would otherwise be unlawful.
(Ord. of 5-11-93, § 1)
Sec. 10-22. Definitions.
As used in this article, the following words or phrases shall have the following meanings:
(a) Adult entertainment establishment. The following words or phrases shall have the following meanings, and the premises on which defined establishments operate on which defined activities occur shall constitute "adult entertainment establishments":
(1) Adult bookstore. A business or establishment to which the public or any portion thereof is permitted and having a substantial or significant portion of its stock-in-trade, books, magazines or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section, comprising five percent of its total floor space, devoted to the sale or display of such material, or five percent of its net sales consisting of printed material which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(2) Adult business. Any of the following:
a. Any business or establishment to which the public or any portion thereof is permitted which is conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage thereat either by law or by the operators of such business or establishment.
b. Any business or establishment to which the public or any portion thereof is permitted where employees or patrons expose specified anatomical areas or engage in specified sexual activities.
c. Any other business or establishment to which the public or any portion thereof is permitted which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing, discussing or relating to specified sexual activities or specified anatomical areas.
(3) Adult dancing establishment. A business or establishment to which the public or any portion thereof is permitted that features live performances by topless and/or bottomless entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(4) Adult motion picture theater. A business or establishment to which the public or any portion thereof is permitted and is used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein, including a business or establishment wherein coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images and where the images so displayed are distinguished or characterized by an emphasis on, depicting or describing specified sexual activities or specified anatomical areas.
(5) Adult video store. A business or establishment to which the public or any portion thereof is permitted and having a substantial or significant portion of its stock-in-trade in video tapes or movies or other reproductions, for sale or rent, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(6) Bathhouse or massage parlor. A business or establishment to which the public or any portion thereof is permitted and in which services offered include some form of physical contact between employee and patron and in which services offered are characterized or distinguished by an emphasis on specified sexual activities or specified anatomical areas.
(7) Erotic entertainment/dance establishments. A business or establishment including, but not limited to, a nightclub or theater, to which the public or any portion thereof is permitted which features live performances by topless and/or bottomless dancers or entertainers, go-go dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(8) Escort bureau/introduction services. Any individual, business or establishment who, for a fee, commission, hire, reward, profit or other consideration, furnishes or offers to furnish to the public, or any portion thereof, names of persons, or who introduces, furnishes or arranges for persons to accompany other persons to social affairs or places of entertainment or amusement, or for persons to consort with other persons about any place of public resort or within any private quarters, all for the primary purpose of engaging, in, describing or discussing specified sexual activities, or exposing specified anatomical areas.
(9) Lingerie modeling studio. A business or establishment to which the public or any portion thereof is permitted whose primary business activity consists of live performers exhibiting or modeling lingerie or similar undergarments and characterized or distinguished by an emphasis on specified sexual activities or specified anatomical areas.
(b) Board of commissioners. The Board of Commissioners of Whitfield County, Georgia.
(c) Church. A place where persons regularly assemble for religious worship.
(d) Conviction. Adjudication of guilt, plea of guilty, plea of nolo contendere or the forfeiture of a bond when charged with a crime, but shall not include a discharge under provisions of what is commonly called the State of Georgia First Offender Act.
(e) Distance and measurement. The measurement in lineal feet from the center of any door of customer entry of the proposed premises of an adult entertainment establishment (or if not on ground level, then the beginning point for measuring the distance shall be the point of ground level determined by measuring from the center of any door of customer entry perpendicular to the ground level) to the nearest property line of any church, library, school, college, public park, residence, or hospital. A radius shall be measured from the center of any door of customer entry of the proposed premises to the nearest property line of any church, library, school, college, public park, residence or hospital.
(f) Employee. Any person engaged to provide or in fact providing services for an adult entertainment establishment to patrons on a regular basis whether for legal consideration or otherwise. Independent contractors, such as entertainers, shall be considered an employee for purposes of this article.
(g) Licensee. A person in whose name a license to operate an adult entertainment establishment has been issued; the person(s) listed as an applicant on the application for license; and any person managing the day-to-day operations of an adult entertainment establishment.
(h) Minor. For the purposes of this article shall mean any person who has not attained the age of 18 years.
(i) Park. Any lands or facility owned, operated, controlled or managed by any county, city or federal government or any governmental entity or agency in and upon which recreational activities or places are provided for the recreation and enjoyment of the general public.
(i.1) Person. An individual, proprietorship, partnership, corporation, association or other legal entity.
(j) Residence. A house, apartment, mobile home, boarding or rooming house, duplex, or other multifamily housing, for human dwelling, or any properties owned therefor.
(k) School. State, county, city, church or other schools, public or private, that teach the subjects commonly taught in the common schools of this state, and vocational schools, colleges, post-high-school learning centers, kindergartens and day care centers for persons of all ages.
(l) Specified sexual activities. Any of the following:
(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: sodomy, cunnilingus, fellatio, pedophilia, lesbianism, or homosexuality.
(2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence.
(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation.
(4) Fondling of the human genitals, pubic region, buttocks or female breast so as to arouse or excite the sexual desires of a patron.
(5) Sexually oriented torture.
(6) Fondling or other sexual contact with an animal so as to arouse or excite the sexual desires of a patron.
(m) Specified anatomical areas. Any of following:
(1) Less than completely and opaquely covered human genitals, pubic region, or anus; or female breast below a point immediately above the top of the areola.
(2) Human male genitalia in a discernibly turgid state, even if completely and opaquely covered.
(Ord. of 5-11-93, § 2; Ord. of 3-8-94; Ord. of 1-9-96)
Sec. 10-23. Regulations.
The following regulations apply to all adult entertainment establishments as described herein and located within the unincorporated areas of the county.
(1) It shall be unlawful for a licensee to employ, admit or permit the admission of minors within a licensed premises.
(2) It shall be unlawful for any person to sell, barter or give to any minor any service, material, device or thing sold or offered for sale by an adult entertainment establishment.
(3) No adult entertainment establishment shall be located within the following distances as defined and measured as stated herein:
a. Within 1,000 feet of any single-family or multifamily residence or within 1,000 feet of any parcel of land which is zoned for single-family or multifamily uses or purposes.
b. Within 1,000 feet of a church, school, governmentally owned or operated building, library, civic center, public park, hospital, nursing home or community club.
c. Within 1,000 feet of another adult entertainment establishment.
d. Within 1,000 feet of an establishment selling alcoholic beverages.
Notwithstanding the above, an adult entertainment establishment operating in an unincorporated area of the county on the date of the adoption of this article [May 11, 1993] shall not be required to meet the distance requirements herein set forth as the same pertain to such location for so long as the licensee holds a legally recognized and perfected property right to use and possess such location as of the date of the filing of an application for an adult entertainment license or renewal thereof, but only if such legal right as to such location was vested at the time of the adoption of this article and such vested legal right has continued without the necessity of act or consent to renew, continue or extend such applicant's property right by the applicant or any other party holding a superior legal property right in such location.
(4) No adult entertainment establishment licensee shall employ or contract with any person to provide services or perform in such establishment who is a person not permitted for employment pursuant to this article.
(5) Reserved.
(6) An adult entertainment establishment licensee shall maintain and retain for a period of two years the names, addresses, dates of birth and Social Security numbers of all employees.
(7) An adult entertainment establishment shall be closed between 12:00 midnight and 8:00 a.m. Monday through Saturday, on Sunday, and on Christmas Day.
(8) No booth, screen, partition or other obstruction shall be permitted within the interior of any adult entertainment establishment so as to prevent a clear view throughout the premises, except for separate offices, kitchens, restrooms, or other areas not frequented by patrons.
(9) No premises for an adult entertainment establishment shall have any interior connections or doors with any other place of business.
(10) No adult entertainment establishment shall be operated such that the activity on the interior of the premises is visible from the exterior of the premises.
(11) No licensee shall permit the use of alcoholic beverages of any kind to be sold, possessed or consumed in or on the premises.
(12) No licensee shall permit the use of illegal drugs or illegally controlled substances of any kind to be allowed, permitted, used, possessed or sold; and no gambling shall be allowed or permitted in or on the premises.
(13) No licensee shall permit an employee to expose for public view his or her specified anatomical areas in a lewd and obscene fashion.
(14) Every act or omission of an employee constituting a violation of the provisions of this article shall be deemed the act or omission of the licensee if such act or omission occurs either with the authorization, knowledge or approval of the licensee or as a result of the licensee's negligent failure to supervise the employee's conduct.
(Ord. of 5-11-93, § 3)
Sec. 10-24. Additional regulations applicable to adult dancing establishments, erotic entertainment/dance establishments, and lingerie modeling studios.
The following additional regulations apply to adult dancing establishments, erotic entertainment/dance establishments, and lingerie modeling studios (herein "adult dance establishments") as described herein:
(1) All live dancing and entertainment shall occur on a platform intended for that purpose which is raised at least two feet from the next highest level of the remainder of the floor.
(2) No live dancing or entertaining shall occur closer than ten feet from any patron.
(3) No dancer, entertainer or employee shall fondle or caress any patron; and no patron shall fondle or caress any dancer, entertainer or employee so as to arouse or excite the sexual desires of a patron.
(4) No patron shall directly pay or give any gratuity to any dancer or entertainer.
(5) No dancer or entertainer shall solicit or accept any pay or gratuity from any patron nor shall any patron directly pay or give any gratuity to any dancer or entertainer.
(6) All areas of the licensed premises shall be fully lighted at all times when open for business, which shall mean illumination equal to three and one-half (3.5) footcandles per square foot.
(7) No licensee shall permit any employee to use artificial devices or inanimate objects to depict any of the prohibited activities described in this article.
(8) No licensee shall permit an employee to insert an object into her vagina or her or his anal orifice, except for personal hygiene or necessity.
(9) No licensee shall permit an employee to engage in actual or simulated genital masturbation.
(10) No licensee shall permit a male employee to exhibit an unclothed erect penis.
(11) No licensee shall permit an employee to engage in, or simulate bestiality.
(12) No licensee shall permit an employee to engage in actual or simulated sexual activity with another person.
(13) No licensee shall permit an employee to sit upon or straddle the leg, legs, lap or body of any patron therein, or to engage in or simulate sexual activity while touching or being touched by any patron.
(14) Reserved.
(15) No licensee shall permit or allow a patron to participate in any act or activity upon the licensed premises which an employee is prohibited from performing.
(Ord. of 5-11-93, § 4; Ord. of 3-8-94)
Sec. 10-25. License required.
It shall be unlawful for any person or legal entity to engage in, conduct or carry on, in or upon any premises within the unincorporated area of the county any of the adult entertainment establishments defined in this article without a license so to do. No license so issued shall condone or make legal any activity thereunder if the same is deemed illegal or unlawful under the laws of the State of Georgia or the United States.
(Ord. of 5-11-93, § 5)
Sec. 10-26. Operation of unlicensed premises unlawful.
It shall be unlawful for any person to operate an adult entertainment establishment unless such business shall have a currently valid license or shall have made proper application for renewal within the time required thereof under this article, which license shall not be under suspension or permanently or conditionally revoked.
(Ord. of 5-11-93, § 6)
Sec. 10-27. Application for license.
(a) Any person or legal entity desiring to obtain a license to operate, engage in, conduct or carry on any adult entertainment establishment shall make application to the building inspector of the county, or his designated representative. Prior to submitting such application, a nonrefundable fee, established by resolution of the county, shall be paid to the building inspector to defray, in part, the cost of investigation and report required by this article. This fee is hereby established in the amount of $100.00.
(b) The application for license does not authorize the engaging in, operation of, conduct of or carrying on of any adult entertainment establishment.
(c) All licenses herein shall be a mere grant of privilege to carry on such business during the term of the license subject to all the terms and conditions imposed by this article and related laws, applicable provisions of this article and other ordinances and resolutions of the county relating to such business.
(d) All licenses hereunder shall have printed on the front these words: "This license is a mere privilege subject to be suspended and revoked under the provisions of the ordinances of Whitfield County."
(e) A separate license shall be required for each place of business.
(f) Where the applicant:
(1) Is a corporation, any license shall be applied for by and shall be issued to the corporation and either (1) the majority shareholder thereof, or (2) a person employed full-time in a managing capacity by the corporation.
(2) Is a partnership, any license shall be applied for by and shall be issued to the partnership and either (1) the managing general partner thereof, or (2) a person employed full-time in a managing capacity by the partnership.
(3) Is a sole proprietor, any license shall be applied for by and shall be issued to the sole proprietor if he is working full-time in a managing capacity on the premises, and, if not, then to the sale proprietor and a person employed full-time in a managing capacity by the sole proprietor.
(4) For purposes of this subsection, the words "managing capacity" shall mean the president or chief executive officer or managing or general partner of a corporation or partnership, or a person who has responsibility for management of the operations at the location to be licensed and who is a full-time employee of the corporation, partnership, proprietor, or other ownership entity.
(Ord. of 5-11-93, § 7; Ord. of 3-8-94)
Sec. 10-28. Application contents; supporting documents.
Applications for a license required by this article shall contain the following:
(1) Application for license shall be written and on forms supplied by the office of the county building inspector. Such application shall state the name, address, Social Security number and date of birth of the applicant(s), and the nature and character of the business to be carried on.
(2) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation, and the names, addresses, dates of birth and Social Security numbers of each of its current officers and directors as well as all stockholders holding more than five percent of the outstanding shares of the corporation. If the applicant is a partnership, whether general or limited, the applicant shall set forth the name, residence address, dates of birth and Social Security numbers of the partners. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply.
(3) Address of the premises to be licensed.
(4) The name of the owner of the premises and, if leased, a copy of the lease agreement.
(5) A plat, filed in triplicate, by a registered land surveyor, licensed by the State of Georgia, showing that the location of the proposed premises is not inconsistent with the provisions contained in section 10-23, which provide that no adult entertainment establishment shall be located within 1,000 feet of any residential premises, parcel of land which is zoned for multifamily or single-family use or purposes; within 1,000 feet of any parcel of land upon which a church, school, governmental building simultaneously owned and occupied by such governmental, library, civic center, neighborhood public park or neighborhood playground is located; within 1,000 feet of any parcel upon which another establishment regulated or defined hereunder is located; or within 1,000 feet of any establishment selling alcoholic beverages.
(6) The name, address, Social Security number and date of birth of any and all persons who have a financial interest of any type in the entity which is applying for the license.
(7) Any other information reasonably required by the building inspector in verifying the right of the applicant to obtain a license.
(8) Should the requirements of this article dictate that more than one individual and/or entity apply for and a license issue to such applicants, then all such applicants shall, on such application, designate the name, address and telephone number of an individual resident of the county to act as agent for all applicant(s)/licensee(s) for the purpose of receiving communications and notices under this article. Proof of delivery to the agent shall be conclusive proof of receipt by a licensee(s) of such notice, process or information.
(9) Reserved.
(10) Each application must be complete in its entirety before being accepted by the county for filing and processing.
(11) All applicants for licenses as to any premises which is to be subsequently renovated or improved shall furnish in triplicate plans and renderings of the premises as it is to exist at the time of opening. Any premises to be constructed or renovated prior to opening shall be constructed, renovated or built so as to be equal to and compatible with the surrounding neighborhood or better. The premises shall comply with all building, health and similar county codes.
(12) Each application for an adult entertainment establishment license shall be verified and acknowledged under oath to be true and correct by:
a. If the applicant is an individual, the individual;
b. If by a partnership, by the manager or general partner;
c. If a corporation, by the president of the corporation;
d. If any other organization or association, by the chief administrative official.
(Ord. of 5-11-93, § 8; Ord. of 3-8-94)
Sec. 10-29. Notice of intent to engage in business.
(a) All applicants for licenses hereunder shall give notice that application has been filed and of the purpose of making such application by publication of an advertisement once a week for four consecutive weeks prior to the date of consideration of the application by the board of commissioners in the newspaper in which legal advertisements are published. The first advertisement shall not appear more than 40 days prior to the date of such consideration.
The advertisement shall be of type not smaller than ten-point capital and lower case and shall be at least a one-inch column. The advertisements shall appear on the same days as legal advertisements are regularly published.
(b) The notice shall contain a particular description of the location of the proposed business, the name of the applicant(s), the date, time and place of hearing, and a statement that any legal objections to the issuance must be made at or prior to the time of hearing, and, if prior to the time of hearing, must be in writing and received by the office of the building inspector on or before the date and time of hearing.
(c) Applicants shall provide proof of such notice by providing the board of commissioners, at the time of the hearing on license issuance, the affidavit of the publisher of the newspaper in which the notice was published, which affidavit shall reflect the content of the notice and the dates of publishing.
(d) The applicant shall cause to be placed upon the location of the proposed business a sign or signs stating the following: "Whitfield County Adult Entertainment License Applied For. A hearing before the Board of Commissioners of Whitfield County shall be held on the ________ day of ________, 20________. All interested persons take notice." The sign or signs shall be at least 18 inches by 24 inches in size and shall face toward all public streets, sidewalks or other public property which adjoin or adjoins the location so as to be clearly visible by persons using such public area. The sign shall be posted on the property from the date of the first publication of the legal advertisement through the date of consideration by the board of commissioners.
(Ord. of 5-11-93, § 9; Ord. of 3-10-03, § 1)
Sec. 10-30. Application; investigation; issuance.
The building inspector shall have a reasonable time, not to exceed 30 days, to investigate the application and the background of the applicant(s). Upon completion of the investigation, the building inspector shall issue the license if he finds:
(1) The application conforms in all respects to the provisions of this article.
(2) The applicant has not made a material misrepresentation in the application.
(3) The applicant has fully cooperated in the investigation of his application.
(4) The applicant, if an individual, or any officers or directors or shareholders holding more than five percent of the outstanding shares of the corporation, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not been convicted in a court of competent jurisdiction of any crime involving sexual assault, sexual battery, prostitution, rape, sexual offenses against children, unnatural sex acts, public indecency, or any other sex act, whether attempted or consummated, prohibited by law for which:
a. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
b. Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense;
c. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
(5) The applicant, if an individual, or any officers or directors or shareholders holding more than five percent of the outstanding shares of the corporation, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not, during the past ten years, had an adult entertainment establishment license or other similar license or permit denied or revoked in this county or any other local governmental jurisdiction located in or out of this state prior to the date of application.
(6) The building, structure, equipment, or location of such business, as proposed by the applicant, would comply with all applicable distance provisions of this article and would qualify to receive a certificate of occupancy.
(7) The applicant is at least 21 years of age.
(8) That on the date the business for which a license is required herein commences and thereafter, there will be a responsible person on the premises to act as manager at all times during which the business is open.
(9) Notwithstanding the above, the license shall not be issued to an applicant if within 12 months immediately preceding the filing of an application one or more of the following shall have occurred:
a. The same applicant for a license or renewal has been rejected for any location, if such rejection was based upon the applicant's failure to meet the terms of this article applicable to the applicant as opposed to rejection for reasons related to the location itself.
b. The location has been rejected for any applicant.
c. The applicant has withdrawn, without permission of the building inspector, an application at any time within seven days immediately preceding the time and date set for the hearing before the board of commissioners unless at least one year shall have expired from such withdrawal.
The one-year waiting period will not apply where the applicant shall apply for a new location which has not been rejected within the preceding 12 months, except if the applicant has had an application for another location rejected within the preceding 12 months because of lack of qualifications of the applicant.
(10) Notwithstanding the above, no license shall be issued by the building inspector until an annual license fee, established by resolution of the county and prorated on a calendar year basis, is paid to the building inspector. The annual license fee is hereby resolved to be $2,000.00.
(Ord. of 5-11-93, § 10; Ord. of 3-8-94; Ord. of 10-28-02; Ord. of 3-10-03, § 2)
Sec. 10-31. License renewal.
Licenses for adult entertainment establishments shall be renewed on a calendar year basis provided that the licensee continues to meet the requirements set out in this article. The renewal fee for the adult entertainment establishment license shall be established by resolution of the board of commissioners. The renewal fee is hereby resolved to be $2,000.00. Renewal applications shall be submitted by November 15 of each year prior to January 1 of the year for which such license is requested.
(Ord. of 5-11-93, § 11; Ord. of 3-8-94)
Sec. 10-32. License nontransferable.
No adult entertainment establishment license may be sold, transferred or assigned by a licensee, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary/surrender of such license and such license shall thereafter be null and void; provided and excepting, however, that if the licensee is a partnership or corporation, and one or more of the partners or shareholders, as the case may be, should die, one or more of the surviving partners or shareholders who were partners or shareholders at the time of issuance of the license may acquire, by purchase or otherwise, the interest of the deceased partner or shareholder without effecting a surrender or termination of such license; and in such case, the licensee shall immediately notify the building inspector. An adult entertainment establishment license issued to a corporation shall be deemed terminated and void when either any outstanding stock of the corporation is sold, transferred or assigned after the issuance of a license, or any stock authorized but not issued at the time of the granting of a license hereunder is thereafter issued and sold, transferred or assigned.
(Ord. of 5-11-93, § 12)
Sec. 10-33. Change of location.
No licensee shall change the location of the establishment without obtaining a new license.
(Ord. of 5-11-93, § 13)
Sec. 10-34. Change of name.
No licensee shall advertise, operate, conduct, manage, engage in, or carry on an adult entertainment establishment under any name other than his name and the name of the business as specified on his license.
(Ord. of 5-11-93, § 14)
Sec. 10-35. Modification of licensed premises.
After issuance of any license, no change in the location of the building within the premises, customer entry locations, or other changes shall be made which would affect compliance with any distance or other requirement of this article.
(Ord. of 5-11-93, § 15)
Sec. 10-36. License, refusal.
If the building inspector following investigation of the applicant deems that the applicant does not fulfill the requirements as set forth in this article, he shall so notify the applicant(s) of such decision in writing and the basis thereof. Any such decision shall be final unless appeal is filed to the board of commissioners by any aggrieved party on or before ten days of the date of the decision of the building inspector. A hearing by the board of commissioners of the appeal shall occur within 30 days of its filing at a regular or special meeting of the board.
(Ord. of 5-11-93, § 16; Ord. of 3-8-94)
Sec. 10-37. Violations; penalties.
(a) Suspension. The building inspector shall suspend a license for a period of 180 days if he determines that a licensee or an employee has violated any section of this article. If the building inspector deems a license suspension appropriate, he shall so notify the licensee of such decision in writing and the basis thereof. Such suspension shall take effect ten days following the building inspector's notification unless an appeal is filed with and to the board of commissioners by the aggrieved party on or before ten days of the date of receipt by the aggrieved party of the decision of the building inspector. A hearing by the board of commissioners of the appeal shall occur within 30 days of its filing in a regular or special meeting of the board. Enforcement of the suspension shall be stayed pending the board's ruling on the licensee's appeal.
(b) Revocation.
(1) The building inspector shall revoke a license if a cause for suspension occurs and the license has been suspended within the past 12 months.
(2) The building inspector shall also revoke a license if he determines that:
a. A licensee gave false or misleading information in the material submitted during the application process.
b. A licensee or an employee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended.
c. A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, or copulation, masturbation, or other illegal sexual conduct to occur in or on the licensed premises.
d. The owner or operator of the licensed establishment knowingly allowed a person under 18 years of age to enter the establishment.
(3) If the building inspector deems a license revocation appropriate, he shall so notify the licensee of such decision in writing and the basis thereof. Such revocation shall take effect ten days following the building inspector's serving of his written decision upon the licensee unless an appeal is filed with and to the board of commissioners by the aggrieved party on or before ten days of the date of receipt by the aggrieved party of the decision of the building inspector. A hearing by the board of commissioners on the decision shall occur within 30 days of its filing in a regular or special meeting of the board. Revocation shall continue for a one year period from the date revocation becomes effective.
(c) Appeal procedure. An applicant or licensee who has timely filed an appeal with the board of commissioners as allowed by this article shall be entitled to a hearing before the board of commissioners. At the time set for the hearing, the board of commissioners shall receive all relevant testimony in evidence from county staff or interested parties, and from the licensee or employee. In all hearings pursuant to this article, the following procedures shall apply:
(1) The chairman of the board of commissioners shall read or cause to be read the charges and specifications against the charged party. He shall then read or cause to be read any response filed by the charged party.
(2) The board of commissioners shall hear the evidence upon the charges and specifications as filed against the charged party and shall not consider any additional evidence beyond the scope of the charges and may exclude evidence which is purely cumulative.
(3) The order of proof shall be as follows: The county representative shall present his evidence in support of the charges; the charged party shall then present his evidence. Evidence of each party may be supported by submission of pertinent documents. Each party shall be allowed to present pertinent rebuttal evidence.
(4) The charged party and the county may be represented by counsel, and may present, examine and cross-examine witnesses. Additionally, the board of commissioners may interrogate all parties and witnesses to obtain necessary information.
(d) Violations and penalties.
(1) Any person or other person violating the provisions of this ordinance shall be punishable by a fine not to exceed $1,000.00 per violation, or by imprisonment for a period not to exceed 60 days, or both such fine and imprisonment. Each violation of this ordinance shall be considered a separate offense and any violation continuing more than one day shall be considered a separate offense.
(2) Should any license be revoked or suspended, all signs indicating that such businesses conducted on the premises shall be removed from the premises during the period of revocation or suspension.
(3) The violation of provisions of this article by any person may be enjoined by instituting appropriate proceedings for injunction in any court of competent jurisdiction. Such action may be maintained notwithstanding that other adequate remedies at law exist.
(4) Any act or omission of any employee constituting a violation of the provisions of this article shall be deemed the act or omission of the licensee.
(e) Service of notice.
(1) Any notice required to be given under this article to any applicant, licensee or employee may be given either by personal delivery or by certified United States mail, postage prepaid, return receipt requested, addressed to the most recent address as specified in the application for license/permit, or such updated address which may have subsequently been provided in writing to the building inspector. Notices mailed as described above shall be deemed given on the second day subsequent to their deposit in the United States mail.
(2) It shall be the duty of each applicant, licensee and employee to furnish notice to the building inspector in writing of any change of mailing address.
ADULT ENTERTAINMENT ESTABLISHMENTS*