§ 5.87. Transfer and renewal of adult or sexually oriented business permits.

(a) A permittee shall not operate an adult or sexually oriented business under the authority of an adult or sexually oriented business permit at any place other than the address of the adult or sexually oriented business stated in the Application for Adult or Sexually Oriented Business permit.

(b) A permittee shall not transfer ownership or control of an adult or sexually oriented business permit to another person unless and until the transferee obtains an amendment to the adult or sexually oriented business permit from the city administrator, or his designee, stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the city administrator in accordance with sections 5.83 and 5.84, accompanies the application with a transfer fee in an amount set by resolution of the city council, and the city administrator, or his designee, determines in accordance with section 5.85 that the transferee would be entitled to the issuance of an original permit under the ordinances and regulations which were in effect as of the time of the initial issuance of the original adult or sexually oriented business permit. Notwithstanding the foregoing, to the extent the adult or sexually oriented business is operating as a legal nonconforming use, an amendment to the permit shall not extend the legal nonconforming status of such business beyond the amortization period, if any, applicable to the adult or sexually oriented business unless such amortization period is extended pursuant to any local ordinance or regulations in effect as of the time of the extension request.

(c) No adult or sexually oriented business permit may be transferred when the city administrator, or his designee, has notified the permittee that the permit has been or may be suspended or revoked.

(d) Any attempt to transfer an adult or sexually oriented business permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked.

(e) Each adult or sexually oriented business permit shall expire one (1) year from the date of issuance, and may be renewed only by filing with the city administrator a written request for renewal, accompanied by the filing fee as established from time to time by the city council, and a copy of the adult or sexually oriented business permit to be renewed. The request for renewal should contain a discussion of any changes in configuration or operation that have occurred at the adult or sexually oriented business within the past year. The request for renewal shall be made at least thirty (30) days before the expiration date of the adult or sexually oriented business permit. Applications for renewal shall be acted on as provided herein for action upon applications for adult or sexually oriented business permits as set forth in section 5.85. If the city administrator, or his designee, determines that there has been no change in the configuration or operation of the permitted adult or sexually oriented business which would call into question the continued satisfaction of all requirements of this article, the permit shall be renewed. If the city administrator, or his designee, determines that there has been such a change in the configuration or operation of the adult or sexually oriented business, the city administrator may require the permittee to submit a complete new permit application pursuant to section 5.84. In such event, and to the extent the request for renewal has been submitted at least thirty (30) days prior to the expiration of the permit, the expiration of the existing adult or sexually oriented business permit shall be stayed pending a decision on the new permit application. When made less than thirty (30) days before the expiration date, the expiration of the permit will not be stayed.

(f) The granting of an application to transfer an adult or sexually oriented business permit or renewal does not relieve the applicant/permittee of the need to obtain any other city license or permit, such as a certificate of occupancy or conditional use permit, if required.

(Ord. No. 1094, Exh. B; Ord. No. 1126, § 3, Exh. B.)