HomeMy WebLinkAbout1995-OR-35 Ordinance 95-OR-
An Ordinance Establishing -Regulations for the
Operation of Live Adult Entertainment Businesses
Whereas, the policy of the State of Indiana is to grant Cities and Towns ail
the powers that they need for the effective operation of local government as to local
affairs. Indiana Code 36.1-3-2;
Whereas, the law of the State of Indiana provides that Cities and Towns have
all powers granted it by statute, all other po~vers necessary or desirable in the conduct
of its affairs, even if not granted by statute;
Whereas, the City of leffersonville has the power to protect the public health,
lives and property of its cauzen;
Whereas, in order to protect the public health, lives and property of its
citizens, the City of Jeffersonville has the authority to impose licensing fees ,vhich are
reasonably related to the administrative cost of issuance of the license, inspecting and
regulating the operation of live Adult Entertainment Businesses;
Wherefore, in order to regulate the operation of those businesses described
herein, it is necessary to assess licensing fees upon both the businesses and the
entertaii~.ers.
I. Definitions
in this ordinance shall
Apphcauo of Definitions: The definitions
apply throughout the ordinance.
Owner_: "Owner" means any person who owns or has legal right to
possession of a building, store front or structure within which ap~? of
those defined businesses are being operated.
Q ..... ,,rT,~ -~*or' an ~ndividual, corporation, partnership,
manager or other person who conducts the day-to-day operation of a
business as defined l~erein.
?crformance_: "pei-formance' means any pla>', dance or other ii'ac
exhibition or }~,t-esentation, performed before an audience of one (l) or
more persons.
E. Nudity.:. Nu4tty means:
(1) the showing of the human male or female genitals, pubic area,
or buttocks with less than a full opaque covering;
(2) the showing of the female breast with less than a fully opaque
covering of any part of the nipple; or
(3) the depiction of covered male genitals in a discernibly turgid
state.
Live Adult Entertainment.'. "Live Adult Entertainment" means:
(1) any live performance which the average person, applying
contemporary community standards, finds that the dominant
theme of the performance, taken as a whole, appeals to the basic
interest in sex.
(2) any live performance ~vherein the matter of the performance
depicts or describes, in a patently offensive way, sexual conduct.
(3) any live performance, taken as a whole, lacks serious literary,
artistic, political, or scientific value.
(4) any live performance wherein the participant appears in a
state of "nudity".
(5) any business ~vberein its employees, sub-contractors,
independent contractors, or any individual ~vho performs any
service upon the premises who receives a salary, wages, tips,
gratuities or other remuneration either from the patrons of the
business or from the owner, operator, his assigns, partners,
employees or other agent, wherein said employee, sub-contractor,
or individual performs said service in a state of "nudity".
Live Adult Entertainment Business'. "Live Adult Entertainment
Business" means an), business xvithin the City of Jeffersonville wherein
those activities as defined in section "F" above are conducted for profit.
Adult Entertainer'. Adult Entertainer is any individual who engages
in conduct as defined in section "F" above who receives a salary, wages,
~ ~ ~:-*-~ from *,'~ s of a business
tips, gratuities or other remu~erat~on ~ .... pa..on
or from the o~er, operator his assigns, pruners, employees or agents
for services or performances as aefir~ec~ ~:I ~e~:~on "F".
~duciary. partnership 6r any other business entity.
2
II. _Licensing of Adult Entertainment Businesses
~ Any person who owns a building or structure which is to
be utilized as a place for live adult entertainment shall apply in writing to the
office of the jeffersonville Building Commissioner, upon a form to be furnished
by the Jeffersonville Building Commissioner. That the form shall require the
foilowin~ information as well as any and all other information deemed
appropriate by the "Adult Entertainment Commission" (hereinafter AEC):
A. The name, address, telephone number, social security
number and date of birth of the owner. If the owner is a
corporation, partnership or other business entity the
applicant must provide the above information for all of
those principals in said business entity.
B. If the owner is a corporation the applicant must provide a
copy of the corporation's articles of incorporation.
Moreover, the applicant must provide proof that the
corporation has no outstanding corporate taxes, both
Federal and State, outstanding.
'C. The applicant must provide proof that all property taxes
upon the structure or building are current and provide
certified aclmowledgment that no liens have been placed
against said building or structure for municipal services
such as sewage, water and/or other services provided.
D. The names, address and telephone numbers of any and all
other live adult entertainment businesses which the owner is
a partner, employee, stock-holder, sole proprietor or has any
affiliation or association as either an owner or operator.
F. The applicant must provide written statements from not less
than three (3) bona fide residents of the City of
jeffersonville setting forth that the applicant is of good
.... ~ cha~'acter.
Owner's Licensine Fee: Tha'c the completed application sh~41 be accompanied
- - - ~,. ' ~ - ~, ~ Ch~' of Jeffersonville in the a-n~cunt of
by a ce;'d~]cd check made p,~?.wc ~o ,,~,~
~en Thousand Dollars ($10,000). The check shall be placed in escrow
..... $:~,,o c.'.etern'~n~at,~7 of the a?phcant s fitness for iicensure.
-' ~ f~.3~.,-~ c Doltars ($10,000) shall be
transferred to the City's genergl fund;
If the AEC denies the o~vner's application the City shall return Five
Thousand Dollars ($5,000) of the fee to the owner. The remaining
Five Thousand Dollars ($5,000) shall be transferred to the City's
general fund for the purpose of off-setting administrative and regulatory
costs;
C) The Owner's license shall be displayed at all times in a public
place visible. The failure to display this license in a public place.
shall result in a Two Thousand Five Hundred Dollar ($2,500) fine.
O erator's License: Any person who shall serve as the operator of a pla.ce for
live adult entertainment shall apply in writing to the office of the Jeffersonville
Building Commissioner, upon a forra to l~e furnished by the leffersonville
Building Commissioner. The form shall require the following information as
well as any and all other information deemed appropriate by the AEC:
A. The name, address, telephone number, social security
number and date of birth of the operator.
The operator's previous address for the ten (10) years prior
to the filing of the application.
A full criminal history of the applicant including, but not
limited to misdemeanor and juvenile offenses.
The operator's previous employer's for the ten (10) years
prior to the filing of the application.
The applicant must also execute a waiver and release
permitting the AEC and its investigator to secure
information from the applicant's previous employer's.
Tb.e applicant's mental health history for the ten (I 0) ),ears
prior to the filing of the application.
The names, address and telephone numbers of any and all
other live adult e~tertainment businesses which the operator
is a partner, employee, stock-holder, sole proprietor or has
any affiliation or assodadon as either an owner or operator.
The applicant must also execute a waiver and release
permitting the AEC and its investJgator to secure
the
information from the applicant's prewous employer s,
Indiana State Welfare Department, the Kentucky State
v~, c!fa.c Dc~artmc~t and ti~e Umted States Jusdcc
Jo
Department. Moreover, the applicant appear at the
Jeffersonville Police Department for finger printing.
The applicant must also present three (3) forms of
photographic identification. If it is determined by the AEC
that these forms of identification are insufficient the
applicant request shall be denied.
The applicant must provide written statements from not less
than three (3) bona fide residents of the City of
Jeffersonville setting forth that the applicant is of good
moral character.
Operator's Licensing Fee: That the completed application shall be
accompanied by a certified check made payable to the City of Jeffersonville in
the amount of Five Thousand Dollars ($5,000). The check shall be placed
in escrow pending determination of the applicant's fitness for licensure.
A)
If it is determined by the AEC that the Operator is suitable for licensure,
the full amount of Five Thousand Dollars ($5,000) shall be
· ' d
transferred to the Oty s general fun ;
B)
If the AEC denies the o~xq~er's application the City shall return Three
Thousand Dollars ($3,000) of the fee to the owner. The remaining
Two Thousand Dollars ($2,000) shall be transferred to the City's
general fund for the purpose of off-setting administrative and regulato~
costs;
Licensed Operator on Premises and License Visible upon Person:. No
adult entertainment business shall be in operation a__t. any. time un!ess a
licensed operator is present and located upon the premises. Further, an
operator must at all times possess his license and said license shall be visible to
the public eye.
A)
Penalty; tf an adult entertainment business is found to be
operating without a licensed operator upon the premises the
business shall be fined Two Thousand Five Hundred Dollars
($2,500) for each offense. Moreover, if the operator fails to
display his license upon his person ~vherein it is visible to the
public eye he shall be fined Two Thousand Five Hundred
Dollars (S2,500).
B)
· ' ; ~, ,~. adult
, '~ * a!icensed
business is found to be ~
4 ........ ~ ~ the Jeffe;sonvme Pcllce De?,~,
5
immediately pad-lock the doors of said establishment pending the
resolution of said violation. Moreover, the owner's license shall
be immediately reVolted and suspended as well as the license of all
of those operator's who have been granted license to operate upon
said premises. The same shall be enforced if the operator does
not possess his license or same is not upon his person and visible
to the public eye.
Operator's Employment Limitation:, No one shall be granted a license to
operate an adult entertainment business in the City of Jeffersonville if that
individual is employed in any capacity by any other adult entertainment
business. This prohibition indudes employment at an adult
entertainment business in any Cityr County~ or State within the United
States of Americas Canada Or South America.
A)
If an operator recieves a license from the City of Jeffersonville and
it is later determined that the operator is employed by any other
adult entertainment business said operator's license shall be
immediately revolted and said operator shall be fined Two
Thousand Five Hundred Dollars ($2,$00).
B)
Moreover, the owner of the adult entertainment business wherein
the operator was employed shall immediately have his owner's
license suspended for a period of not less than ninety days (90)
nor more than one hundred eighty days (180) and shall be fined
Two Thousand Five Hundred Dollars ($2,500).
¢)
D)
That the o~vner shall have the burden of notifying the AEC its
agent and/or designee when an operator is no longer employed by
the oxvner. The owner shall be prohibited from asserting the
defense of "lack of knowledge" o__f the operator's additional
employment.
Burden Upon Owner: The owner shall have the burden of
knoxvlng the emplo~nent tnstory of h~s operator s. The o,,x~er
shall be presumed to have Imoxvledge of ~vhether or not an
o- orator ~.s e:~p~op..d ~y another act~t enter~amme-~ ~ bt,.siness
while serving as a licensed operator on behalf of the owner.
Entertainer License: Any person who shall serve as an entertainer at a place
for live adult entertainment shall apply in xx~riting to the office of the
Jeffersonviile Building Commissioner, upon a form to be furnished by the
Jeffersonville Building Commissioner. The form shall require the fo!loxx4ng
infonRat~ion as wdl as any a~d all other infonnatio~'~ deemed app~'op~:iate by
the AEC:
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The name, address, telephone number, social security
number and date of birth of the entertainer.
The entertainer's previous address for the ten (10) years
prior to the filing of the application.
A full criminal history of the applicant including, but not
limited to misdemeanor and iuvenile offenses.
The entertainer's previous employer's for the ten (10) years
prior to the filing of the application.
The applicant must also execute a waiver and release
permitting the AEC and its investigator to secure
information from the applicant's previous employer's, the
Indiana State Welfare Department, the Kentucky State
Welfare Department and the United States Justice
Department. Moreover, the applicant appear at the
Jeffersonville Police Department for finger printing.
The applicant's mental health history for the ten (10) years
prior to the filing of the application.
The names, address and telephone numbers of any and all
oti~er live adult entertainment businesses which the
applicant is a partner, employee, entertainer, stock-holder,
sole proprietor or has any affiliation or association as either
an owner or operator.
The applicant must also present three (3) forms of
i · · determined by the AEC
photographic ~dent~ficatxon. If it is
that these forms of identification are insufficient the
applicant request shall be denied.
The applicant must provide written statements from not less
than three (3) bona fide residents of the City of
Jeffersonville setting forth that the applicant is of good
moral character.
A certificate from a medical doctor designating that the
a~pl~cant has, within the 30 days immediately prior thereto,
been e×amin~d anci found *,o be f~-ee of any contagious or
communicable disease. Including, but not limited to
venereal disease, H.I.V' Hepatitis or other such diseases.
"E~tertainer Licensin~ Fee: That the completed apphcauon shall be
accompanied by a certi-fied chedc made payable to the City of Jeffersonville in
the amount of Five Thousand Dollars ($5,000). The check shall be placed
in escrow pending determination of the applicant's fitness for licensure.
· d
A) If it is determine by the AEC that the Operator is suitable for licensure,
the full amount of Five Thousand Dollars ($5,000) shall be
transferred to the City's general fund;
B) If the AEC denies the owner's application the City shall return Three
Thousand Dollars ($3,000) of the fee to the o~vner. The remaining
Two Thousand Dollars ($2,000) shall be transferred to the City's
general fund for the purpose of off-setting administrative and regulatory
costs;
Entertainer Licensing Mandatory~ No person shall be permitted to perform
at an adult entertainment business at any time unless that person has a valid
licenses issued by the AEC and the CRv of Jeffersonville. Further, said
entertainer must possess said license uaon their person at all times. Said
license must be affixed upon said person in such a manner and fashion that it
is visible to the public eye.
A) Penalty: If an entertainer performs at an adult entertainment
business xvithout a licenses the business shall be fined Two
Thousand Five Hundred Dollars ($2,500) for each offense.
Moreover, if an entertainer fails to possess their license upon their
person in a manner and fashion wherein it is visible to the public
eye, they shall be fined Two Thousand Five Hundred Dollars
($2,500).
B) Automatic Suspension of License_: If an entertainer performs at
an adult ente~ainment business x~dthcut a licenses, t!~e
Jeffersonville Police Department shall immediately pad-lock the
doors of said establishment pending the resolution of said
violation. Moreover, the owner's !icep~se shall be immediately
revoked and suspended as well as the license of all of those
operator's who have been granted license to operate upon said
premises.
a license to
F. ntertamer Employment Limitation: No one shall be granted
entertain at an adult entertainment business in the City of leffersonville if that
individual is employed in ar:y capacity by any other adult entertair~ment
business. ~_s ~ob~bition ~ns:.J~e_Ss ~z~J`'=~ at an .....
entertainment business in 'any City, County, o.~r State. within the United
States of Americaz Canada or South America.
10.
I1.
12.
If an entertainer recieves a license from the City of Jeffersonville
and it is later determined that the entertainer is employed by any
other adult entertainment business said entertainer's license shall
be immediately revoked and said operator shall be fined Two
Thousand Five Hundred Dollars ($2,500).
B) Moreover, the owner of the adult entertainment business wherein
the operator was employed shall immediately have his owner's
· t
license suspended for a period of not less than nine y days (90) '
nor more than one hundred eighty days (180) and shall be fined
Two Thousand Five Hundred Dollars ($2,500).
C) That the owner shall have the burden of notifying the AEC its
agent and/or designee when an entertainer is no longer employed
by the owner. The owne[ shall be prohibited from asserting
the defense of "lack_ ofkn°'Viea%e''of the. enterta'mer's
additional employment:
D) Burden Upon Owne..r.: The o~w~er shall have the burden of
lmowing the emplo~ent history of his entertainer's. The owner
shall be presumed to have knowledge of whether or not an
entertainer is employed by another adult entertainment business
while serving as a licensec~ entertainer on behalf of the owner.
Dual Licensure: No person shall be permitted to hold more than one (1)
license pursuant to this ordinance. If a person possesses more than one (1)
valid license pursuant to this statute, that person shall be fined Two
Thousand Dollars ($2,500) and that person's license's shall be revoked.
~ A person who is issued a license pursuant to this statute shall be
prohibited from engaging in any other conduct other than that for ~vhich they
have received a licensed.
A) No licensed owner shall be permitted to serve as an operator
or an entertainer.
No tice'~sed ="*
ope~,.or sha~l be permitted to serve as an
entertainer or owner.
c)
No entertainer shall be permitted to serve as an operator or
owner.
ordinance the licensee shall be fined Two Thousand Five
Hundred Dollars ~SZ,~00).
9
o
License Expiration Date: All license's issued under the ordinance shall expire
~ne (1) year from the date upon which they are issued.
A) Renewal: If the licensee desires rene~val of their license, they shall
be obligated to submit their request for renewal not less than
ninety (90) days prior to the date of expiration. If the licensee
falls to submit their request for renewal timely, the licensee shall
· 'n application for licensure for a
be prohibited from subm~m g an . .
period of one (1) year. This prohibition shall include submxttmg
a request for licensttre under any provision of this ordi-nance.
B) Renewal Fees: The fees for rene~val of licensure shall be eighty
percent (80%) of those amounts required upon the initial
application for licensure. The distribution upon denial of renewal
shall be adjusted pro-rata as set forth in the initial application. If
renewal is granted, the full amount of the fee shall be distributed
to the City of Jeffersonville's General Fund for the purpose of
paying the cost of administration of the AEC and its enforcement
of this ordinance.
III. ]effersonville Adult Entertainment Commission
Purpose of Commissiom The City of jeffersonville shall form the AEC which
s-hall be obligated to conduct hearings, investigations and any and all other
activities ~vhich the AEC deems necessary to implement the legislative intent of
this ordinance.
Members, Appointments, Term of Service.'. The AEC shall consist of seven
(7) members which shall be appointed by the Mayor and the Council. The
members shall serve at the xvill of the appointing body.
A) 3.~ayoral Appointments.: Thc Mayor shall appoint three (3)
persons to serve upon the AEC. Each shall be a resident of the
City. At least one (1) shall be a member of the Clergy. At least
shad ~e a member of the Democrat party. At least one
O~:e (I) ' '
( 1 ) of the Mayor's appointments shall be a female. Each shall
se~x'e for a -~eriod of one (!) >,ear f'rom the aa.e of their
appointment or until the Mayor determines otherx~%e.
B) ~Council Appointments: The Council shall appoint four (4)
persons to serve upon the AEC. Eaci'~ shall be a resident of
City. At least One (!) shall be a bona-fide member of the
· . . ~ ~a~.,.ont's Association. At least One
~effersonvdte Downto~n~ ~ ..... ~ ~ One
(l) si~ali 0e a member of ' ~ RePublican Party. At least
c . ~;,,,: ,= Police De?artn'~en~. At
s!'~a!! be a member of the Jeerers ....
!0
least one (1) of the council's appointments shall be an African-
·, ' ments shall be
American. At least one (1) of the councal s appoint
a female.
C) Compensation; Each member of the AEC shall be paid Twenty-
~iv~e Dollars ($25) for each meeting or hearing which they are
rec~uired to attend. These payments shall be made from those
monies paid by the applicants in the form of application £ees.
The Commissioner's shall not be entitled to payment if no
application funds are available.
Powers of the Commission.:. The commission shall have all of those po~vers
~pecifically enumerated by this ordinance as well any additional powers ~vhich
it determines is necessary to comply with the ordinance. These po~vers include,
but are not limited to:
A) _Subpoena: The power to issue subpoena's requesting documents
or requiring the presence of wimesses to appear before the
commission.
B) L~egal Counsel:. The commission has the authority to hire legal
counsel to assist in conducting its investigations or hearings upon
those apphcat~on submitted. However, the funds to pay for
legal counsel shall be paid solely and exclusively from those
application fees. If there are no fees available, the
Commission shall be prohibited from hiring counsel·
C) Conduct of Hearings; The commission shall be permitted to
conduct public hearings upon each application. They shall be
permitted to question ~x4tnesses as well as question the applicant
and cross-examine the applicant's witnesses. Moreover, the
commission is permitted to present wimesses on its o~vn behalf.
Further, upon the close of presentation of wimesses by the
applicant and the commission, members of the public shall be
permitted to testify. Upon the contusion of such hearings the
commission shall issue its findings of facts and decisicm x~4thin
thirty (30) days. The decision and findings shall be delivered by
· d
certifie mail to the applicant's address as provided upon said
application. The commission shall provide its me,mb~r of tl,~e
council ~vith its decision as well as the Mayor and the
jeffersonvi!le City Clerk-Trep=surer.
D) Aod,t~onal Powers_: Tt:e con-~miss~on sn~,t, be granted
adopted as amendments to this ordinance.
11
I¥. Eligibility for Licensure.
Adult Entertainment Commission Determination: The AEC shall
determine whether an applicant is ehg~ble for hcensur after conducting a
punic heating upon the application.
A) Time, Place and Manner of Hearin~ The AEC shall conduct
~he hearing upon an application not later than.sLxty (60) days
after the completed application has been submitted to the
jeffersonville Building Commissioner. The Hearing shall be held
in the Jeffersonville City COuncil Chambers at a time established
by the AEC. The AEC shall provide public notice of said hearing
as prescribed by the Indiana Open Door Law. The hearing shall
be conducted pursuant to those administrative procedures as set
forth in that ordinance enabling and creating the AEC.
Bo
Eligibility Requirements'- The AEC shall submit those
additional criteria upon which they shall evaluate and determine
the eligibility of each applicant, l~owever, NO APPLICANT
SHALL BE GRANTED LICENSURE IF:
1. The applicant has been convicted of a felony or has
been convicted of any crime of moral turpitude;
2. Following the investigation of the AEC it is
determined that the applicant providing false or
misleading information in the application, omitted
information or failed or refused to comply with the
reasonable requests of the AEC investigator;
3. After hearing conducted by the AEC it is
determined that the applicant is not of good moral
character;
4. The AEC determines that the applicant has failed to
pay its Indiana Gross Income Taxes, Indiana Property
Taxes or has any outstm~ding debts to the City of
jeffersonville's Sewer Department or any other
governmental entity other than the United States
Internal Revenue Service;
5. For any and all other circumstances as sec forth
~he AEC.
V. ~Appeal of Decision of AEC.
12
Adverse Decision: If the AEC denies an applicant's request for licensure, the
applicant is permitted to appeal the AEC's determination to the Jeffersonville
Board of Public Works· The aggrieved party or their representative shall
·
provide nouce of thru intent to appeal to each member of the AEC, each
member of the Jeffersonville City Council, the Mayor of the City of
Jeffersonville, and each member of the Jeffersonville Board of Public works.
Notice of intent to appeal shall be served upon the above parties not less
than ten (10) days after the AEC's decision has been published.
A) Content of Notice: The applicant's notice must set forth all of
~hose facts and law Upon which the applicant basis their appeal.
B) Hearing Ul~on Appeal: The Board of Public Worlcs shall set the
matter for ~ublic hearin~ not more than sixty (60) days from the
date upon which notice of appeal was served.
C) Conduct of Hearing'., The Board of Public Works shall review
· C well as the contentions of the
the findings of the AE as
applicant. The Board shall hear oral argument upon the issues
from the applicant and the AEC.
D) Standard of Review.'. The Board of Public Works shall submit its
findings and judgement not more than thirty (30) days frOm the
date of hearing. The Board shall only reverse the decision of the
AEC if it is detem~ined that the AEC's decision was arbitrary or
capricious or xvas contrary to law.
VI. Appeal of Decision of the Board of Work!
~ ~. : applicant's request for
Adverse Decision: If the Board or Wonts demes an
licensure, the applicant is permitted to appeal the Board's determination to the
}effersonville City Council· The aggriexed pa~xy or their representative shall
provide notice of their intent rD appeal to each member of the AEC, each
member of the Jeffersonville City Council, the Mayor of the City of
leffersonville, axed each member of the leffcrsonville Board of Public work~.
Notice of intent to appeal shall be served upon the above parties not less
than ten (10) days after the Board's decision has been published·
A) Content of Notice: Tiae a¢plicant's notice must set forth all of
" ' ' . ~ ,~ -~ ~' thei': appeal.
those facts and laxv upon which tl~e app~.,.nt b=s,s
B) Hearinz I:~o~ A -Deal: The r-~, ,.-~i s<'~ail set
,, .,~> ((7,05 ,. a).s
which notice of appeal was sewed.
13
D)
Conduct of Hearing: The Council shall review the findings of
the AEC, the Board of Works, as well as the contentions of the
applicant. The Council shall hear oral argument upon the issues
from the applicant and the AEC.
Standard of Review: The Coundl shall submit its findings and
judgement not more than thirty (30) days from the date of
hearing. The Coundl shall only reverse the decision of the AEC
and the Board, if it is determined that the their decision was
arbitrary or capricious or was contrary to law.
VII. Adult Entertainment Enforcement,.
Officer and Staff
Purpose.'. In order to effectively exercise those regulatory powers established by
the Council, it is necessary to appoint a person to serve as an Enforcement
Officer. Moreover, in order to administer the regulatory poxvers established by
the Council, the Enforcement Officer ~x411 require clerical assistance.
Enforcement Office.t: The enforcement officer shall be appointed by the
Mayor. The enforcement officer shall be vested with all of those po~vers
necessary to enforce the Adult Entertainment Ordinance.
A) Duties: The enforcement officer shall investigate all applications
~ubmitted by owners, operators and entertainers. The officer
shall report his findings to tt{e AEC, the Council and the Mayor.
B) Enforcement Powers: The enforcement officer shall be a sworn
member of the Jeffersonville Police Department and shall have all
of those lawful powers of arrest. The officer shall be in cixarge of
insuring that all owners, operators and entertainers are duly
licensed and possess those licenses upon their person andJor
premises at all time.
C) Compensation:. The enforcement officer's salary, benefits and
other e~xpenses shall be paid exclusively from those funds collected
as applications fees and licensing fees pursuant to this ordinance.
The enforcement officer shall not be hired until application
has been made by an owner, operator or entertainer. It is
within the discretion of tl~e Council, Mayor or AEC to request
tha~ tl:e ~effersonvil!e City Police assist in investigation of
applicants until adequate funds have been col!ecteci to pay for
this admi~istrative ar~d regula~o':y expense.
14
AEC or Enforcement Officer, to provide funding for staff to assist the
enforcement officer in the ach~ainistration and regulation of this ordinance.
A) The funding for Staff positions shall come only from the
proceeds received from those applicants for licensure under
this ordinance. If the funds are not available, no staff
position can be created.
_Temporary Services:. It is within the discretion of the Council, Mayor or AEC
to sub-con[tact with persons to conduct the preliminary investigation of
applicants. This provision shall be only invoked in the instance that there is
not an adequate amount of funds available from the application fees.
A) Prior Approval: The AEC, Council or Mayor shall receive
proposal from those persons desiring to conduct this service. The
proposals shall include a statement of the full cost of the service
as ~vell as an statement of xvhat services shall be performed. No
contract shall be granted to any person ,vithout first being
approved by the Council and the Mayor.
VIII. Effective Date
The Jeffersonville Common Council has been determined that mere an
urgent necessity requiting immediate e~tecuvenes of the proposed ordinance.
Therefore, the Com~cil requests that the Mayor ioin in this finding and
proclaim that an "urgent necessity" exists to place [his Ordinance in immediate effect.
Upon proclamation of this necessity the Council would direct that the
!effersonville Police Department post full and complete copies of this ordinance in the
~ollowing places:
I St District:
City-County Building
jeffersonville Free Public Library
jeffersonville Post Office
2nd District:
Thomas Jefferson Elementary School
Ken Ellis Center
Claysburg Towers
3rd District:
Park Place Methodist Church
Hoosier Valley Center
Parkview Middle School
4th
r: ..... *"~ '"v School
Gr~ves Center Y.M.C.,-~
~ver ~ ail y Middle Sci'~ool
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5th District:
Sacred Heart Church
Jeffersonville High School
Rolling Fields Baptist Church
Each provision of this ordinance is adopted separately. In the event that any section
or part of this ordinance is deemed to be illegal or invalid, only that section shall be
repealed. The remaining parts of the ordinance shall remain in effect.
Passed and adopted by the Common Council of the City of Ieffersonville, Clark
County, State of Indiana on this /f~day of Se. ptember, 1995.
Peggy K. Wi~d'er~, Preside~nt
Jeffersonville Common Council
A~t~test:/~ ,
C. Ricfiard Spencer,/lr.
Clerk-Treasurer .
Seen and approved by n~e this g~> ~day of Septen2ber, 1995.
Ray~ona i. ~arker, May
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