Discussion and Review of Tiffin Municipal Code Revisions – Preparation for Setting the Public Hearing — Tiffin City Code - DRAFT

CHAPTER 125 SEXUALLY ORIENTED BUSINESSES 5. An applicant may appeal the decision of the City Administrator regarding a denial to the Council by filing a written notice of appeal with the Clerk within 15 days after the applicant is given notice of the City Administrator’s decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The City Administrator may submit a memorandum in response to the memorandum filed by the applicant on appeal to the Council. After reviewing such memoranda, as well as the City Administrator’s written decision, if any, and exhibits submitted to the City Administrator, the Council shall vote either to uphold or overrule the City Administrator’s decision. Such vote shall be taken within 21 calendar days after the date on which the Clerk receives the notice of appeal. However, all parties shall be required to comply with the City Administrator’s decision during the pendency of the appeal. 125.06 FEES. The annual fee for a sexually oriented business permit is $1,000.00. This fee is to be used to pay for the cost of the administration and enforcement of this chapter and may be revised by resolution of the Council. 125.07 INSPECTION. An applicant or permittee shall permit representatives of the Police Department or other City or State department or agencies to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business. 125.08 EXPIRATION OF PERMIT. 1. Each permit shall expire one year after the date of issuance and may be renewed only by making application as provided herein. Application for renewal should be made at least 30 days before the expiration date and when made less than 30 days before the expiration date, the expiration of the permit will not be affected. 2. When the City Administrator denies renewal of a permit, the applicant shall not be issued a permit for one year from the date of denial. If, subsequent to the denial, the City Administrator finds that the basis for denial of the renewal permit has been corrected or abated, the applicant may be granted a permit if at least 90 days has elapsed since the date the denial became final. 125.09 SUSPENSION. The City Administrator shall suspend a permit for a period not to exceed 30 days if it is determined that the permittee or an employee of a permittee has: 1. Violated or is not in compliance with any section of this chapter; 2. Become impaired or intoxicated through the use of alcoholic beverages or controlled substances while on the sexually oriented business premises; 3. Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter; 4. Knowingly permitted illegal gambling by any person on the sexually oriented business premises. 125.10 REVOCATION. 1. The City Administrator shall revoke a permit if a cause of suspension in Section 125.09 occurs and the permit has been suspended within the preceding 12 months. CODE OF ORDINANCES, TIFFIN, IOWA - 1033 -