(a) The city clerk shall approve the issuance of a registration to an applicant within 30 calendar days after receipt of an application unless he or she finds one or more of the following to be true:
(1) An applicant is not 21 or more years of age.
(2) An applicant is currently required to register pursuant to the Nebraska Sex Offender Registration Act.
(3) An applicant or an applicant's spouse is overdue in his or her payment to the city or county of fees, fines, or penalties assessed against him or her or imposed upon him or her in relation to a sexually oriented business.
(4) An applicant has failed to provide information reasonably necessary for issuance of the registration including all information requested on the application form or has falsely answered a question or request for information on the application form.
(5) The premises to be used for the sexually oriented business is not in compliance with the applicable state or local health, zoning, building code, fire and property maintenance regulations of the City of Norfolk.
(6) The application and registration fees required by this article have not been paid.
(7) The applicant has been convicted of a "specified criminal activity" as defined in Section 13-351 of this article;
(b) The city clerk, upon approving the issuance of a sexually oriented business registration, shall cause to notify the applicant of that action and the applicant must pay the registration fee at the office of the city clerk. The city clerk's approval of the issuance of a registration does not authorize the applicant to operate a sexually oriented business until the applicant has paid all fees required by this article and has obtained possession of the registration.
(c) The city clerk, upon denial of the issuance of sexually oriented business registration, shall send to the applicant, by certified mail, return receipt requested, written notice of such action and the applicant can appeal such decision to the city council, in writing filed with the city clerk, within 30 calendar days of the date of denial. City council will hear the appeal within 30 calendar days from the date the written appeal is received. After hearing, the council will affirm or reverse the decision of the city clerk within 30 calendar days after conclusion of the hearing. The hearing will be informal and rules of evidence do not apply. The applicant has the right to be represented. In case of reversal, the registration shall be issued. The applicant has the right to seek judicial review after disposition by the City council.
(d) The registration, if granted, must state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business, and the classification (as set forth in Section 27-403 of this Code) for which the registration is issued. The registration must be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
(e) All sexually oriented businesses shall conspicuously display signs at the interior of the entrance to the premises, which shall contain uppercase letters that shall be at least two inches high and lowercase letters at least one inch high, and which shall read as follows:
(1) THIS SEXUALLY ORIENTED BUSINESS IS REGULATED AND REGISTERED WITH THE CITY OF NORFOLK, NEBRASKA
(2) EMPLOYEES ARE:
Not permitted to engage in any type of sexual conduct or prostitution on the premises or to fondle, caress or touch the breasts, pubic region, buttocks or genitals of any employee, patron, or other entertainer or to permit any employee, patron, or other entertainer to fondle, caress or touch the breasts, pubic region, buttocks or genitals of said entertainer.
Not permitted to be nude, unclothed, or in less than opaque attire, costume or clothing so as to expose to view any portion of the breasts below the top of the areola, or any portion of the pubic region, buttocks and/or genitals.
Not permitted to demand or collect any payment or gratuity from any patron for entertainment while in the state of semi-nudity.
Not permitted to perform, except on a stage of at
least 24 inches above the floor level of the audience and to maintain at
least a four foot separation from any patron at all times while performing.
Not permitted to be upon the stage at any time.
Not permitted to touch, caress or fondle the breasts, pubic region, buttocks or genitals of any employee, server or entertainer or engage in solicitation for prostitution.
Source: Ord. No. 5727, § 1, 4-19-21;