Mayor and Council. 700 Doug Davis Drive Hapeville, GA November 3, :00 PM. Agenda

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1 1. Call To Order Mayor and Council 700 Doug Davis Drive Hapeville, GA November 3, :00 PM Agenda Roll Call Mayor Alan Hallman Alderman at Large Ann Ray Councilman at Large Michael Randman Councilman Ward I Joshua Powell Councilman Ward II Diane Dimmick Welcome Pledge Of Allegiance Invocation Presentations 6.I. Employee Of The Year - Police Detective Dyer Communications Officer Kara Benton 6.II. Approval Of Minutes September 1, 2015 September 15, 2015 October 6, 2015 October 20, Public Comments On Agenda Items Old Business 8.I. Consideration And Action On Ordinance Amendment Adult Entertainment Ordinance Summary and Background The Mayor and Council of Hapeville, Georgia, have already considered and approved the adult entertainment ordinance. The amendment references several articles, court cases, and findings that the City may rely on to justify its reasons for passing this Ordinance. Staff recommends adoption of the attached Ordinance as a technical update to align this Ordinance with various best management practices commonly adopted in other jurisdictions. Documents: OCTOBER 27, 2015 ADULT ENTERTAINMENT ORDINANCE.PDF,

2 10_28_15 COMPARSION CHART ADULT ENTERTAINMENT ORDINANCE.PDF, ADULTENTERTAINMENT_CENTRAL.PDF, ADULTENTERTAINMENT_INNERLOOP.PDF, ADULTENTERTAINMENT_SYLVANRD.PDF, MEMORANDUM SUMMARIZING CHANGES TO ADULT ENTERTAINMENT ORDINANCE (OCTOBER 28, 2015).PDF, OCTOBER 27 REDLINE OF OLD AND FINAL ADULT ENTERTAINMENT ORDINANCE AS SHOWN IN MUNICODE.PDF 9. New Business 9.I. Consideration And Action On An Agreement With J.K. Boatwright And Associates For Auditing Services In An Amount Not To Exceed $50,000. Documents: JK BOATWRIGHT AND ASSOCIATES.PDF, MEMORANDUM- GLICK AND SUSAN BLACK.PDF 9.II. Consideration And Action On Ordinance Extended Stay Moratorium Documents: EXTENDED STAY MORATORIUM EXTENSION.PDF 9.III. Consideration And Action On Resolution Legislative Program 2016 Documents: LEGISLATIVE PROGRAM FOR HAPEVILLE 2016.PDF, MEMO PROPOSED LEGISLATIVE PROGRAM 2016.PDF, RESOLUTION LEGISLATIVE PROGRAM 2016.PDF Mayor And Council Comments Public Comments Adjourn Public involvement and citizen engagement is welcome as Hapeville operates a very open, accessible and transparent government. We do however remind our attendees/residents that there are times allocated for public comments on the agenda. In order for council to conduct their necessary business at each meeting, we respectfully ask that side-bar conversations and comments be reserved for the appropriate time during the meeting. This will allow the City Council to conduct the business at hand and afford our meeting attendees ample time for comments at the appropriate time during the meeting.

3 STATE OF GEORGIA CITY OF HAPEVILLE ORDINANCE NO. AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF HAPEVILLE, GEORGIA, CHAPTER 11, BUSINESS LICENSING AND REGULATION, ARTICLE 2, ADULT ENTERTAINMENT ESTABLISHMENTS, TO AMEND THE DEFINITION OF ADULT ENTERTAINMENT; TO INCORPORATE PUBLIC FINDINGS AND INFORMATION; TO CLARIFY THE PERIOD FOR REVIEW; TO AMEND THE PROCESS REGARDING APPEALS OF ACTIONS TAKEN WITH REGARD TO APPLICATIONS AND/OR LICENSES FOR ADULT ENTERTAINMENT FACILITIES; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN ADOPTION DATE; TO PROVIDE AN EFFECTIVE DATE; AND TO PROVIDE FOR OTHER LAWFUL PURPOSES. WHEREAS, the duly elected governing authority of the City of Hapeville, Georgia (hereinafter the City ) is the Mayor and Council thereof; and WHEREAS, the City has the power to adopt regulations promoting the public health, safety, and general welfare of its citizenry; and WHEREAS, the governing authority of the City has determined, after careful consideration, that the secondary effects of "adult entertainment facilities" may be harmful and deleterious to the community surrounding said facilities; and 1

4 WHEREAS, the governing authority of the City has determined that the locations upon which adult entertainment facilities may be permitted to operate should be further specified and defined; and WHEREAS, the governing authority of the City intends this Ordinance to serve a substantial governmental interest while allowing for reasonable alternative avenues of communication for "adult entertainment facilities" and those individuals involved with said establishments; and WHEREAS, the governing authority of the City in no way intends this Ordinance to unlawfully restrict the Constitutionally protected rights to free speech to which these establishments are entitled; and WHEREAS, the governing authority of the City has decided that the definition of adult entertainment should be broadened to account for multiple types of businesses that showcase sexual activities and/or specific anatomical areas for commercial gain; and WHEREAS, the governing authority of the City finds it desirable and in the interest of the public health, safety, and general welfare of its citizenry to amend its ordinances accordingly; BE IT, AND IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF HAPEVILLE, GEORGIA THAT: Section One. The Code of Ordinances of the City is hereby amended by deleting Section in its entirety and inserting the following text in its place: Sec Findings; public purpose. (a) The Mayor and Council, which is the governing body of the City of Hapeville, Georgi a (the City ), is aware of the following evidence concerning the adverse secondary effects of adult 2

5 entertainment on the community presented in hearings and in reports made available to the Mayor and Council of the City: (1) Findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986) and Young v. American Mini Theatres, 427 U.S. 50 (1976), and in articles and studies in other communities including, but not limited to : Rome, Georgia; Adams County, Colorado; New York, New York; Newport News, Virginia; El Paso, Texas; Manatee County, Florida; Bellevue, Washington; Kent, Washington; City of Sandy Springs, Georgia; Fulton County, Georgia; Phoenix, Arizona; Minneapolis, Minnesota; Indianapolis, Indiana; Amarillo, Texas; Los Angeles, California; Seattle, Washington; Oklahoma City, Oklahoma, and other studies, articles, and court decisions; and (2) The opinion of the Eleventh Circuit Court of Appeals in Flanigan's Enterprises, Inc. of Georgia v. Fulton County, Ga., 596 F.3d 1265 (11 th Cir. 2010), which discusses extensive evidence of negative secondary effects of adult entertainment establishments in Fulton County, Georgia incorporated into the record of the proceedings before the Mayor and Council of the City; and (3) Three articles authored or co-authored by Dr. Richard McCleary, Professor at the University of California, Irvine, entitled "Rural Hotspots: The Case of Adult Business" (2008); "Do Peep Shows 'Cause' Crime? A Response to Linz, Paul, and Yao" (2006); and "Do 'Off-Site' Adult Businesses Have Secondary Effects? Legal Doctrine, Social Theory, and Empirical Evidence" (2009), incorporated into the record of the proceedings before the Mayor and Council of the City; and (b) Based upon all of this evidence, the Mayor and Council of the City find: (1) Sexually oriented businesses, also known as adult entertainment establishments, lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled or inadequately controlled by the operators of the establishments. Sexually oriented businesses cause an increase in criminal behavior in nearby areas, including, but not limited to, disorderly conduct, prostitution, solicitation, 3

6 drug trafficking, drug use, assaults and batteries, and corruption of public officials. (2) Sexual acts, including masturbation, and oral and anal sex, may occur at sexually oriented businesses. Offering or providing private or semi-private space encourages such activities, which creates unhealthy conditions. (3) Adult entertainment establishments escalate and exacerbate undesirable community conditions, including, but not limited to, blight, diminished property values, increased need for law enforcement and emergency medical response resources, and increased burden on the judicial system as a result of the criminal behavior which the Mayor and Council find such business establishments bring to a community. The secondary negative effects that are caused by such businesses are not limited to such facilities that offer live or recorded performances with human nudity or the depiction of sexual acts, but other forms of sexually oriented businesses that also have a deleterious effect on nearby neighborhoods, commercial districts, and on urban life in general. These other types of such businesses include, but are not limited to adult bookstores, peep shows, massage parlors, bath houses, adult gift and novelty shops, and lingerie or nude modeling studios. (4) Persons frequent certain adult theatres, adult arcades, and other sexually oriented businesses for the purpose of engaging in sexual activity within the premises of such sexually oriented businesses. (5) Communicable diseases may be spread by activities occurring in sexually oriented businesses. (6) Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities. (7) Numerous studies and reports have determined that semen is found in some areas of some sexually oriented businesses. 4

7 (8) The findings noted in paragraphs number ed (1) through (7) raise substantial governmental concerns. (9) Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns. (10) The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases and other secondary negative effects as described herein. (11) It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding employees who may engage in the conduct which this chapter is designed to prevent or who are likely to be witnesses to such activity. (12) The fact that an applicant for an adult entertainment license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this chapter. (13) The barring of such individuals from the management of adult entertainment establishments for a period of years serves as a deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases. (14) The general welfare, health, morals and safety of the citizens of the City will be promoted by the enactment of this chapter. Based on the experiences of other counties and municipalities as described above, which experiences are found to be relevant to the problems faced by the City; and based on the findings of multiple courts around the country; and based on the documentary evidence submitted to the Mayor and Council, the Mayor and Council take note of the wellknown and self-evident conditions and secondary effects attendant to the commercial exploitation of human sexuality, which do not vary greatly among the various communities within our country. It is the finding of the Mayor and Council that public nudity (either partial or total), under certain circumstances, in establishments offering 5

8 live nude entertainment or "adult entertainment," begets criminal behavior and tends to create undesirable community conditions. In the same manner, establishments offering cinematographic or videographic adult entertainment have the same deleterious effects on the community. Among the undesirable community conditions identified in other communities with commercial nudity and cinematographic or videographic adult entertainment are criminal activity, depression of property values and acceleration of community blight in the surrounding neighborhoods, increased allocation of and expenditure for law enforcement personnel to preserve law and order, and increased burden on the judicial system as a consequence of the criminal behavior hereinabove referenced. The Mayor and Council find it is reasonable to believe that some or all of these undesirable community conditions will result in the City, as well, unless these regulations are adopted. Furthermore, it is the finding of the Mayor and Council that nude or semi-nude live entertainment and other forms of adult entertainment including, but not limited to, adult book stores, adult novelty shops, adult video stores, peep shows, adult theaters, and massage parlors have an adverse effect upon the quality of life in the City and surrounding communities. The Mayor and Council further find that each separate adverse secondary effect of adult entertainment businesses and sexually oriented businesses constitutes a substantial government al interest, that each substantial government al interest includes, but is not limited to, preventing future adverse secondary effects of both pre-existing sexually oriented businesses and adult entertainment businesses in the City and those that may open in the future, and the viability of each separate substantial governmental interest of the City addressed herein does not depend upon any comparative analysis between adult entertainment businesses and nonadult entertainment businesses. The Mayor and Council therefore find that it is in the best interests of the health, welfare, safety and morals of the City, the community and the preservation of its businesses, neighborhoods, churches, schools, residential areas, public parks and children's day care facilities to prevent or reduce the adverse impacts of adult entertainment establishments. Therefore, th e Mayor and Council of the City find that licensing and regulations are necessary for any adult entert ainment establishment, and find that these regulations promote the public welfare by furthering legitimate public and governmental interests, including but not limited to, reducing criminal activity and protecting against or eliminating undesirable community conditions. The Mayor and Council further find that such will not infringe upon the protected Constitutional rights of 6

9 freedom of speech or expression. To all of these ends, this chapter is hereby adopted. Also based upon all of the information, studies, and findings in court decisions, as well as the well known and self evident conditions and secondary effects caused by the commercial exploitation of commercial nudity combined with the sale, dispensing and consumption of alcoholic beverages, the Mayor and Council also find and conclude that the sale, dispensing, or consumption of alcoholic beverages of any kind in an adult entertainment establishment as defined herein tends to independently create, aggravate, exacerbate, and add to all of those negative secondary effects set forth in this section. The purpose and intent of this ordinance is to address and forestall those negative secondary effects in the City within the permissible limits and parameters of the Georgia and United States Constitutions." Section Two. The Code of Ordinances of the City is hereby amended by inserting a new Section immediately after Section and immediately before Section , which new Section shall state the following: "Sec Definitions. Except as specifically defined herein, all words used in this chapter shall be as defined in the most recent edition of the New Illustrated Book of Development Definitions (Rutgers). Words not defined herein or in the foregoing book shall be construed to have the meaning given by common and ordinary use, and shall be interpreted within the context of the sentence and section in which they occur. Adult bookstore means any commercial establishment in which: (1) more than 50 square feet of floor space is used for the display or offer for sale or rental of any book or publication, film, or other medium which depicts sexually explicit nudity or sexual conduct by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas ; and/or (2) 25 percent or more of its display area is used for the display or offer for sale or rental of those media or materials. Adult entertainment means entertainment that is characterized by an emphasis on the depiction or the featuring of "specified anatomical areas." Adult entertainment includes trade, adult or sexually oriented toys, books, magazines or other periodicals, videotapes, movies, photographs, or films, as well as live performances, that predominantly feature, simulate, or depict performances by persons that are distinguished 7

10 or characterized by an emphasis on "specified sexual activities" as defined herein, and/or performances that feature, depict, or emphasize performers' genitals, pubic region, anus, female breasts below the top of the point immediately above the areola, or "specified anatomical areas." Adult entertainment facility shall be defined to include the following types of businesses: (1) Any commercial facility which provides live entertainment where such performances are distinguished or characterized by a simulated depiction of "specified sexual activities" as defined herein; (2) Any commercial facility in which persons perform live in a manner so as to feature, depict, or emphasize their genitals, pubic region, anus, female breasts, or "specified anatomical areas" as defined herein; (3) Any commercial facility which holds, promotes, sponsors or allows any contest, promotion, special night, event or any other activity where live patrons of the establishment are encouraged or allowed to engage in any of the conduct described in paragraphs (1) and/or (2) above; (4) Any commercial facility having a substantial or significant portion of its stock in trade, adult or sexually oriented toys, books, magazines or other periodicals, videotapes or movies, or other reproductions, whether for sale or rent which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" as defined herein, or "specified anatomical areas" as defined herein, or having a segment or section comprising more than 50 square feet of its total floor space devoted to the sale or display of such material, or which utilizes 25 percent or more of its display area for the display or offer for sale or rental of such media or materials, or which derives more than 5 percent of its net sales from the sale or rental of such material; (5) Any commercial facility utilizing an enclosed building with a capacity of 50 or more persons used for cinematographic or videographic presentation of material distinguished by or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," as defined herein, for observation by patrons therein; 8

11 (6) Any adult motion picture theater, adult motion picture arcade, adult mini-motion picture theater, adult bookstore, adult video store, adult hotel, or adult motel, as defined herein; (7) The definition of "adult entertainment facility" shall not include traditional or mainstream theater, which means a theater, movie theater, concert hall, museum, educational institution, bar, restaurant, dinner theater, karaoke bar or restaurant, or similar establishment which regularly features live or other performances or showings which are not distinguished or characterized by an emphasis on the depiction, display, or description or the featuring of specified anatomical areas or specified sexual activities in that the depiction, display, description or featuring is incidental to the primary purpose of any performance. For purposes of this subsection, such performances and showings are regularly featured when they comprise at least 80 percent of all annual performances or showings. Adult hotel or motel means a hotel or motel which: (1) Makes available to patrons any material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, and has a sign visible from any public right-of-way advertising that such material is available; or (2) Regularly offers a room or rooms for rent for any period of time that is less than 12 consecutive hours; or (3) Regularly allows a tenant or occupant of a room or rooms to sub-rent the room or rooms for a period of time that is less than 12 consecutive hours. Adult mini-motion picture theater means an enclosed building with a capacity for fewer than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. Adult motion picture arcade means any place to which the public is permitted to be invited wherein paper currency, coin- or slug-operated or electronically, electrically or mechanically controlled still or motion 9

12 picture machines, projectors or other image-producing devices are maintained to show images to 5 or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. Adult motion picture theater means an enclosed building with a capacity of 50 or more persons, 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. Adult video store means any facility having a substantial or significant portion of its stock in trade, video tapes or movies or other reproductions, whether for sale or rent, which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or a facility with a segment or section, comprising more than 10 square feet of its total floor space or wall space, or floor and wall space combined, devoted to the sale or display of such material. City Clerk shall mean and include the duly appointed and serving City Clerk of the City of Hapeville, Georgia. City Manager shall mean and include the duly appointed and serving City Manager of the City of Hapeville, Georgia. License shall mean a license issued by the City under this chapter to a licensee that authorizes the licensee to operate, engage in, or carry on the business of an adult entertainment facility as defined in this Article. Police Chief shall mean and include the duly appointed and serving Chief of Police of the City of Hapeville, Georgia. Specified sexual activities shall be defined to mean and include any of the following: (1) Actual or simulated vaginal intercourse, oral vaginal copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of 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: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, zooerasty; 10

13 (2) Human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; (3) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; (4) Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or (5) Erotic or lewd touching, fondling or other sexual contact with an animal by a human being. Specified anatomical areas shall include human genitals, pubic area, buttocks, anus, and/or the female breast below a point immediately above the top of the areola whether or not such areas are completely exposed, partially covered, or completely covered. Section Three. The Code of Ordinances of the City is hereby amended by deleting Section in its entirety and inserting the following text in its place: Sec Permitted Locations. Adult entertainment facilit ies shall be allowed only in those areas designated as "Permitted Locations for Adult Entertainment Establishments" as indicated on that certain map prepared by the Hapeville city planner, which map is kept on file with the City Clerk. Any person, entity, or individual may review said map upon request to the City Clerk." The above-referenced maps are also attached to this adopting Ordinance as Exhibit "A" and are hereby incorporated herein. Section Four. The Code of Ordinances of the City is hereby amended by deleting paragraph (1) of Section in its entirety and inserting the following text in its place: (1) The minimum lot area for an adult entertainment facility shall be one acre, and the minimum lot frontage on a public street shall be 75 feet. Section Five. The Code of Ordinances of the City is hereby amended by deleting paragraph (d) of Section in its entirety and inserting the following text in its place: 11

14 "(d) The City shall issue no more than one license to an establishment meeting the definition of adult entertainment facility set forth in section per each 10,000 persons living in the City according to the most recent decennial census of the United States as published by the United States Bureau of the Census." Section Six. The Code of Ordinances of the City is hereby amended by deleting paragraph (e) of Section in its entirety and inserting the following text in its place: "(e) It is the belief of the Mayor and Council that sale of items described in section is illegal under Georgia law and therefore not licensable under City ordinance. However, if any court declares to the contrary, the City shall issue no more than one license to an establishment meeting the definition of section per each 10,000 persons living in the City according to the most recent decennial census of the United States as published by the United States Bureau of the Census." Section Seven. The Code of Ordinances of the City is hereby amended by deleting paragraph ( i) of Section in its entirety and inserting the following text in its place: (i) All applications for new licenses shall be decided upon by the Police Chief, or the City Manager if the Police Chief is unavailable or incapacitated, within 60 calendar days of the date of filing of the completed application. The date of filing shall be the date by which a properly completed and executed application form and the license fee are received by the Police Chief. Upon the expiration of this 60 calendar day period without a decision being made on the application by the Police Chief, the applicant shall be permitted to begin and conduct business as an adult entertainment facility under this provision unless and until such time as the Police Chief notifies the applicant of a denial of the application and states the reasons for the denial. No person or entity conducting business as an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the Police Chief later denies the application, the business must be brought into compliance with this article. Section Eight. The Code of Ordinances of the City is hereby amended by deleting paragraph (j) of Section in its entirety and inserting the following text in its place: 12

15 (j) In the event that the Police Chief, or the City Manager if the Police Chief is unavailable or incapacitated, denies an application for a license: (1) The denial and specific reasons for the denial shall be transmitted to the applicant in writing. The applicant shall have the right to appeal the denial to the Mayor and Council. Such appeal shall be filed in writing no later than 10 calendar days from the date of the Police Chief s denial. The applicant's failure to appeal the Police Chief 's denial within 10 calendar days shall constitute a waiver of any appeal rights hereunder. If a timely appeal is filed, a hearing shall be held not more than 30 calenda r days from the date of receipt of the written notice of appeal by Mayor and Council. Upon the expiration of this 30 calendar day period without a hearing, the applicant shall be permitted to begin and conduct business as an adult entertainment facility under this provision unless and until such time as the Mayor and Council sustain the decision of the Police Chief. No person or entity conducting business as an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the Mayor and Council later sustain or modif y the Police Chief's denial of the application, the business must be brought into compliance with this article. (2) The Mayor and Council may sustain, overrule, or modify the decision of the Police Chief. The decision of the Mayor and Council following the hearing on the matter shall be issued within 15 calendar days of the date of the hearing and shall be final. Upon the expiration of this 15 calendar day period without a decision of the Mayor and Council, the applicant shall be permitted to begin and conduct business as an adult ent ertainment facility under this provision unless and until such time as the Mayor and Council sustain the decision of the Police Chief. No person or entity conducting business as an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the Mayor and Council later sustain or modif y the Police Chief 's denial of the application, the business must be brought into compliance with this article. (3) An appeal of the decision of the Mayor and Council shall be taken by writ of certiorari to the Superior Court of Fulton County. 13

16 Section Nine. The Code of Ordinances of the City is here by amended by deleting Subsection (8) of Section (a) in its entirety and inserting the following text in its place: "(8) In all areas where adult entertainment as described in section occurs, lighting equivalent to 3½ footcandles per square foot shall be maintained." Section Ten. The Code of Ordinances of the City is here by amended by deleting paragraph (c) of Section in its entirety and inserting the following text in its place: (c) Should the Police Chief, or the City Manager in the event the Police Chief is unavailable or incapacitated, determine that grounds for suspension or revocation exist under subsection (a) above: (1) The Police Chief shall send notice by first-class mail to the license holder of the license suspension or revocation with a statement of the grounds supporting such action. Any revocation or suspension shall be effective on the third business day after the date of the notice. (2) Any license holder may request within 10 calendar days of the date of notice of revocation or suspension from the Police Chief a hearing before the Mayor and Council for the purpose of presenting evidence and asking for reconsideration of such action. Failure to request such reconsideration in writing within 10 calendar days of the date of the notice shall result in a waiver of any appeal rights hereunder. If a hearing for reconsideration before the Mayor and Council is requested, a hearing shall be held not more than 30 calendar days from the date that the written notice requesting such hearing is received by the Mayor and Council. Upon the expiration of this 30 calendar day period without a hearing, the license holder shall be permitted to resume business as an adult entert ainment facility under this provision unless and until such time as the Mayor and Council sustain the decision of the Police Chief. No person or entity conducting business as an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the Mayor and Council later sustain or modify the Police Chief's suspension or revocation of the license, the business must be brought into compliance with this article. 14

17 (3) The Mayor and Council may sustain, overrule, or modify the decision of the Police Chief. The decision of the Mayor and Council following the hearing on the matter shall be issued within 15 calendar days of the date of the hearing and shall be final. Upon the expiration of this 15 calendar day period without a decision of the Mayor and Council, the license holder shall be permitted to resume business as an adult entertainment facility under this provision unless and until such time as the Mayor and Council sustain the decision of the Police Chief. No person or entity conducting business as an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the Mayor and Council later sustain or modif y the Police Chief 's suspension or revocation of the license, the business must be brought into compliance with this article. (4) An appeal of the decision of the Mayor and Council shall be taken by writ of certiorari to the Superior Court of Fulton County. Section Eleven. The Code of Ordinances of the City is hereby amended by deleting paragraph (b) of Section in its entirety and inserting the following text in its place: (b) The police department shall conduct or procure a criminal background search of the person fingerprinted to discover any police record of the person fingerprinted. (1) In the event that the search reveals a violation of law as catalogued in subsection (c) of this article, the police department shall issue a letter to the person fingerprinted stating that the person is ineligible for employment. This determination must be made within 7 calendar days from the date that a complete application is received by the police department from the person fingerprinted. Upon the expiration of this 7 calendar day period without a determination being made on the application by the police department, the person fingerprinted shall be permitted to be employed or work as an independent contractor at an adult entertainment facility under this provision unless and until such time as the police department notifies the person fingerprinted of a determination of ineligibility. No person employed or working as an independent contractor at an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such 15

18 business, and if the police department later determines that the person fingerprinted is ineligible, the person fingerprinted must comply with this article. (2) In the event that the police department issues a letter to the person fingerprinted indicating that the person fingerprinted is ineligible for employment, this determination may be appealed to the City Manager. Such appeal shall be filed in writing no later than 10 calendar days from the date of the letter of ineligibility from the police department. Failure to appeal the police department's decision within 10 calendar days of the letter shall constitute a waiver of any appeal rights hereunder. If an appeal is filed, a hearing shall be held not more than 30 calendar days from the date of the written notice of appeal. Upon the expiration of this 30 calendar day period without a hearing, the person fingerprinted shall be permitted to be employed or work as an independent contractor at an adult entertainment facility under this provision unless and until such time as the City Manager sustains the police department's decision. No person employed or working as an independent contractor at an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the City Manager later sustains or modifies the police department's determination of ineligibility, the person fingerprinted must comply with this article. (3) The City Manager may sustain, overrule, or modify the decision of the police department. The decision of the City Manager following the hearing on the matter shall be issued within 15 calendar days of the date of the hearing and shall be final. Upon the expiration of this 15 calendar day period without a decision of the City Manager, the person fingerprinted shall be permitted to be employed or work as an independent contractor at an adult entertainment facility under this provision unless and until such time as the City Manager sustains the police department's decision. No person employed or working as an independent contractor at an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the City Manager later sustains or modifies the police department's determination of ineligibility, the person fingerprinted must comply with this article. Section Twelve. The preamble of this Ordinance shall be considered to be and is hereby incorporated by reference as if fully set out herein. 16

19 Section Thirteen. This Ordinance shall be codified in a manner consistent with the laws of the State of Georgia and the City. Section Fourteen. (a) It is hereby declared to be the intention of the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases of this Ordinance are or were, upon their enactment, believed by the Mayor and Council to be fully valid, enforceable and constitutional. (b) It is hereby declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this Ordinance is severable from every other section, paragraph, sentence, clause or phrase of this Ordinance. It is hereby further declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Ordinance. (c) In the event that any phrase, clause, sentence, paragraph or section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordinance and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and sections of the Ordinance shall remain valid, constitutional, enforceable, and of full force and effect. 17

20 Section Fifteen. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. Section Sixteen. The effective date of this Ordinance shall be the date of adoption unless otherwise stated herein. ORDAINED this day of, CITY OF HAPEVILLE, GEORGIA: ATTEST: Alan Hallman, Mayor Jennifer Elkins, City Clerk APPROVED BY: Steve Fincher, City Attorney 18

21 ADULT ENTERTAINMENT ORDINANCE Issue/Provision Hapeville Code (Municode Version) Revised Proposed Ordinance Chapter 11, Business Sec Definitions. (a) The Mayor and Council, which is the governing body Licensing and Regulation, Article 2, Adult Entertainment Establishments, Section , Definitions For the purposes of this article: Adult entertainment means any establishment which offers for commercial purposes on its premises: of the City of Hapeville, Georgia (the City ), is aware of the following evidence concerning the adverse secondary effects of adult entertainment on the community presented in hearings and in reports made available to the Mayor and Council of the City: (1) Permitting, performing or engaging, in person, on the premises, in acts of or acts which simulate: a. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; b. The touching, caressing or fondling, either of one's self or of another, of the breasts, buttocks, anus or genitals; c. Appearing or permitting any person to appear live unclothed or in such attire, costume or clothing as to expose to view any portion of the female areola, any portion of the anus, vulva or genitals, cleft of the buttocks, or attached male or female pubic hair. (2) Showing or permitting the showing of films, still pictures, electronic reproductions, videographic or other visual reproductions depicting masturbation, or acts of sexual intercourse, sodomy, oral copulation, flagellation or any sexual acts which are prohibited by law in which the unclothed contact of the genitalia of two or more persons is clearly visible; provided, however, that random (1) Findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986) and Young v. American Mini Theatres, 427 U.S. 50 (1976), and in articles and studies in other communities including, but not limited to: Rome, Georgia; Adams County, Colorado; New York, New York; Newport News, Virginia; El Paso, Texas; Manatee County, Florida; Bellevue, Washington; Kent, Washington; City of Sandy Springs, Georgia; Fulton County, Georgia; Phoenix, Arizona; Minneapolis, Minnesota; Indianapolis, Indiana; Amarillo, Texas; Los Angeles, California; Seattle, Washington; Oklahoma City, Oklahoma, and other studies, articles, and court decisions; and (2) The opinion of the Eleventh Circuit Court of Appeals in Flanigan's Enterprises, Inc. of Georgia v. Fulton County, Ga., 596 F.3d 1265 (11 th Cir. 2010), which discusses extensive evidence of negative secondary effects of adult entertainment establishments in Fulton County, Georgia incorporated into the record of the proceedings before the Mayor and Council of the City; and (3) Three articles authored or co-authored by Dr. Richard McCleary, Professor at the University of California, Irvine,

22 acts of patrons or employees, whose actions do not constitute actions taken pursuant to encouragement or acquiescence of the management of the establishment and are not for the purposes of entertainment, promotion, publicity or notoriety for the establishment shall not constitute adult entertainment as defined in this section; provided further that nothing herein shall be deemed to make legal any conduct that may otherwise be prohibited by law. Adult entertainment facility means any commercial establishment in the city where adult entertainment is sponsored, allowed, encouraged, condoned, presented, sold or offered to the public, or an establishment with a segment or section devoted to such activity. An establishment meets this definition even if such activity is allowed on only one occasion. entitled "Rural Hotspots: The Case of Adult Business" (2008); "Do Peep Shows 'Cause' Crime? A Response to Linz, Paul, and Yao" (2006); and "Do 'Off-Site' Adult Businesses Have Secondary Effects? Legal Doctrine, Social Theory, and Empirical Evidence" (2009), incorporated into the record of the proceedings before the Mayor and Council of the City; and (b) Based upon all of this evidence, the Mayor and Council of the City find: (1) Sexually oriented businesses, also known as adult entertainment establishments, lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled or inadequately controlled by the operators of the establishments. Sexually oriented businesses cause an increase in criminal behavior in nearby areas, including, but not limited to, disorderly conduct, prostitution, solicitation, drug trafficking, drug use, assaults and batteries, and corruption of public officials. (2) Sexual acts, including masturbation, and oral and anal sex, may occur at sexually oriented businesses. Offering or providing private or semi-private space encourages such activities, which creates unhealthy conditions. (3) Adult entertainment establishments escalate and exacerbate undesirable community conditions, including, but not limited to, blight, diminished property values, increased need for law enforcement and emergency medical response resources, and increased burden on the judicial system as a result of the criminal behavior which the Mayor and Council find such business establishments bring to a community. The secondary negative effects that are caused by such businesses

23 are not limited to such facilities that offer live or recorded performances with human nudity or the depiction of sexual acts, but other forms of sexually oriented businesses that also have a deleterious effect on nearby neighborhoods, commercial districts, and on urban life in general. These other types of such businesses include, but are not limited to adult bookstores, peep shows, massage parlors, bath houses, adult gift and novelty shops, and lingerie or nude modeling studios. (4) Persons frequent certain adult theatres, adult arcades, and other sexually oriented businesses for the purpose of engaging in sexual activity within the premises of such sexually oriented businesses. (5) Communicable diseases may be spread by activities occurring in sexually oriented businesses. (6) Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities. (7) Numerous studies and reports have determined that semen is found in some areas of some sexually oriented businesses. (8) The findings noted in paragraphs numbered (1) through (7) raise substantial governmental concerns. (9) Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to

24 protect those substantial governmental concerns. (10) The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases and other secondary negative effects as described herein. (11) It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding employees who may engage in the conduct which this chapter is designed to prevent or who are likely to be witnesses to such activity. (12) The fact that an applicant for an adult entertainment license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this chapter. (13) The barring of such individuals from the management of adult entertainment establishments for a period of years serves as a deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases. (14) The general welfare, health, morals and safety of the citizens of the City will be promoted by the enactment of this chapter. Based on the experiences of other counties and municipalities as described above, which experiences are found to be relevant to the problems faced by the City; and based on the findings of

25 multiple courts around the country; and based on the documentary evidence submitted to the Mayor and Council, the Mayor and Council take note of the well-known and selfevident conditions and secondary effects attendant to the commercial exploitation of human sexuality, which do not vary greatly among the various communities within our country. It is the finding of the Mayor and Council that public nudity (either partial or total), under certain circumstances, in establishments offering live nude entertainment or "adult entertainment," begets criminal behavior and tends to create undesirable community conditions. In the same manner, establishments offering cinematographic or videographic adult entertainment have the same deleterious effects on the community. Among the undesirable community conditions identified in other communities with commercial nudity and cinematographic or videographic adult entertainment are criminal activity, depression of property values and acceleration of community blight in the surrounding neighborhoods, increased allocation of and expenditure for law enforcement personnel to preserve law and order, and increased burden on the judicial system as a consequence of the criminal behavior hereinabove referenced. The Mayor and Council find it is reasonable to believe that some or all of these undesirable community conditions will result in the City, as well, unless these regulations are adopted. Furthermore, it is the finding of the Mayor and Council that nude or semi-nude live entertainment and other forms of adult entertainment including, but not limited to, adult book stores, adult novelty shops, adult video stores, peep shows, adult

26 theaters, and massage parlors have an adverse effect upon the quality of life in the City and surrounding communities. The Mayor and Council further find that each separate adverse secondary effect of adult entertainment businesses and sexually oriented businesses constitutes a substantial governmental interest, that each substantial governmental interest includes, but is not limited to, preventing future adverse secondary effects of both pre-existing sexually oriented businesses and adult entertainment businesses in the City and those that may open in the future, and the viability of each separate substantial governmental interest of the City addressed herein does not depend upon any comparative analysis between adult entertainment businesses and non-adult entertainment businesses. The Mayor and Council therefore find that it is in the best interests of the health, welfare, safety and morals of the City, the community and the preservation of its businesses, neighborhoods, churches, schools, residential areas, public parks and children's day care facilities to prevent or reduce the adverse impacts of adult entertainment establishments. Therefore, the Mayor and Council of the City find that licensing and regulations are necessary for any adult entertainment establishment, and find that these regulations promote the public welfare by furthering legitimate public and governmental interests, including but not limited to, reducing criminal activity and protecting against or eliminating undesirable community conditions. The Mayor and Council further find that such will not infringe upon the protected Constitutional rights of freedom of speech or expression. To all of these ends, this chapter is hereby adopted

27 Chapter 11, Business Licensing and Regulation, Article 2, Adult Entertainment Establishments, Section Section did not exist, but the text of existing Section has been renumbered to Existing Section is has been copied below: Sec Definitions. For the purposes of this article: Adult entertainment means any establishment which offers for commercial purposes on its premises: (1) Permitting, performing or engaging, in person, on the premises, in acts of or acts which simulate: a. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; b. The touching, caressing or fondling, either of one's self or of another, of the breasts, buttocks, anus or genitals; Also based upon all of the information, studies, and findings in court decisions, as well as the well known and self evident conditions and secondary effects caused by the commercial exploitation of commercial nudity combined with the sale, dispensing and consumption of alcoholic beverages, the Mayor and Council also find and conclude that the sale, dispensing, or consumption of alcoholic beverages of any kind in an adult entertainment establishment as defined herein tends to independently create, aggravate, exacerbate, and add to all of those negative secondary effects set forth in this section. The purpose and intent of this ordinance is to address and forestall those negative secondary effects in the City within the permissible limits and parameters of the Georgia and United States Constitutions. Sec Definitions. Except as specifically defined herein, all words used in this chapter shall be as defined in the most recent edition of the New Illustrated Book of Development Definitions (Rutgers). Words not defined herein or in the foregoing book shall be construed to have the meaning given by common and ordinary use, and shall be interpreted within the context of the sentence and section in which they occur. Adult bookstore means any commercial establishment in which: (1) more than 50 square feet of floor space is used for the display or offer for sale or rental of any book or publication, film, or other medium which depicts sexually explicit nudity or sexual conduct by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; and/or (2) 25 percent or more of its display area is used for the display or offer for sale or rental of those media or materials

28 c. Appearing or permitting any person to appear live unclothed or in such attire, costume or clothing as to expose to view any portion of the female areola, any portion of the anus, vulva or genitals, cleft of the buttocks, or attached male or female pubic hair. (2) Showing or permitting the showing of films, still pictures, electronic reproductions, videographic or other visual reproductions depicting masturbation, or acts of sexual intercourse, sodomy, oral copulation, flagellation or any sexual acts which are prohibited by law in which the unclothed contact of the genitalia of two or more persons is clearly visible; provided, however, that random acts of patrons or employees, whose actions do not constitute actions taken pursuant to encouragement or acquiescence of the management of the establishment and are not for the purposes of entertainment, promotion, publicity or notoriety for the establishment shall not constitute adult entertainment as defined in this section; provided further that nothing herein shall be deemed to make legal any conduct that may otherwise be prohibited by law. Adult entertainment facility means any commercial establishment in the city where adult entertainment is sponsored, allowed, encouraged, condoned, presented, sold or offered to the public, or an establishment with a segment or section devoted to such activity. An establishment meets this definition even if such activity is allowed on only one occasion. Adult entertainment means entertainment that is characterized by an emphasis on the depiction or the featuring of "specified anatomical areas." Adult entertainment includes trade, adult or sexually oriented toys, books, magazines or other periodicals, videotapes, movies, photographs, or films, as well as live performances, that predominantly feature, simulate, or depict performances by persons that are distinguished or characterized by an emphasis on "specified sexual activities" as defined herein, and/or performances that feature, depict, or emphasize performers' genitals, pubic region, anus, female breasts below the top of the point immediately above the areola, or "specified anatomical areas." Adult entertainment facility shall be defined to include the following types of businesses: (1) Any commercial facility which provides live entertainment where such performances are distinguished or characterized by a simulated depiction of "specified sexual activities" as defined herein; (2) Any commercial facility in which persons perform live in a manner so as to feature, depict, or emphasize their genitals, pubic region, anus, female breasts, or "specified anatomical areas" as defined herein; (3) Any commercial facility which holds, promotes, sponsors or allows any contest, promotion, special night, event or any other activity where live patrons of the establishment are encouraged or allowed to engage in any of the conduct described in paragraphs (1) and/or (2)

29 above; (4) Any commercial facility having a substantial or significant portion of its stock in trade, adult or sexually oriented toys, books, magazines or other periodicals, videotapes or movies, or other reproductions, whether for sale or rent which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" as defined herein, or "specified anatomical areas" as defined herein, or having a segment or section comprising more than 50 square feet of its total floor space devoted to the sale or display of such material, or which utilizes 25 percent or more of its display area for the display or offer for sale or rental of such media or materials, or which derives more than 5 percent of its net sales from the sale or rental of such material; (5) Any commercial facility utilizing an enclosed building with a capacity of 50 or more persons used for cinematographic or videographic presentation of material distinguished by or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," as defined herein, for observation by patrons therein; (6) Any adult motion picture theater, adult motion picture arcade, adult mini-motion picture theater, adult bookstore, adult video store, adult hotel, or adult motel, as defined herein; (7) The definition of "adult entertainment facility" shall not include traditional or mainstream theater,

30 which means a theater, movie theater, concert hall, museum, educational institution, bar, restaurant, dinner theater, karaoke bar or restaurant, or similar establishment which regularly features live or other performances or showings which are not distinguished or characterized by an emphasis on the depiction, display, or description or the featuring of specified anatomical areas or specified sexual activities in that the depiction, display, description or featuring is incidental to the primary purpose of any performance. For purposes of this subsection, such performances and showings are regularly featured when they comprise at least 80 percent of all annual performances or showings. Adult hotel or motel means a hotel or motel which: (1) Makes available to patrons any material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, and has a sign visible from any public right-of-way advertising that such material is available; or (2) Regularly offers a room or rooms for rent for any period of time that is less than 12 consecutive hours; or (3) Regularly allows a tenant or occupant of a room or rooms to sub-rent the room or rooms for a period of time that is less than 12 consecutive hours. Adult mini-motion picture theater means an enclosed building with a capacity for fewer than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual

31 activities or specified anatomical areas for observation by patrons therein. Adult motion picture arcade means any place to which the public is permitted to be invited wherein paper currency, 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 to 5 or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. Adult motion picture theater means an enclosed building with a capacity of 50 or more persons, 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. Adult video store means any facility having a substantial or significant portion of its stock in trade, video tapes or movies or other reproductions, whether for sale or rent, which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or a facility with a segment or section, comprising more than 10 square feet of its total floor space or wall space, or floor and wall space combined, devoted to the sale or display of such material. City Clerk shall mean and include the duly appointed and serving City Clerk of the City of Hapeville, Georgia

32 City Manager shall mean and include the duly appointed and serving City Manager of the City of Hapeville, Georgia. License shall mean a license issued by the City under this chapter to a licensee that authorizes the licensee to operate, engage in, or carry on the business of an adult entertainment facility as defined in this Article. Police Chief shall mean and include the duly appointed and serving Chief of Police of the City of Hapeville, Georgia. Specified sexual activities shall be defined to mean and include any of the following: (1) Actual or simulated vaginal intercourse, oral vaginal copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of 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: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, zooerasty; (2) Human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; (3) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; (4) Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

33 Chapter 11, Business Licensing and Regulation, Article 2, Adult Entertainment Establishments, Section , Permitted locations Chapter 11, Business Licensing and Regulation, Article 2, Adult Entertainment Establishments, Section , Other locational and structural requirements Adult entertainment facilities shall be allowed only in the following areas: (1) On properties along the north right-of-way of Willingham Drive, west of Colville Avenue to the city limits of East Point; (2) On South Central Avenue from its intersection with Colville Avenue to the city limits of East Point; (3) On Sylvan Road from its intersection with the Central of Georgia Railroad tracks to its intersection with Grimes Street; (4) On North Central Avenue from its intersection with Sylvan Road to the city limits of East Point. Adult entertainment facilities shall be subject to the provisions of the zoning code, this article and the following standards of use: (1) The minimum lot area for an adult entertainment facility shall be one acre. (2) In addition to zoning development standards governing commercial zoning districts, buildings and structures established in connection with an adult entertainment facility shall be separated at least 40 feet from the buildings and structures of any other business establishment. The minimum (5) Erotic or lewd touching, fondling or other sexual contact with an animal by a human being. Specified anatomical areas shall include human genitals, pubic area, buttocks, anus, and/or the female breast below a point immediately above the top of the areola whether or not such areas are completely exposed, partially covered, or completely covered. Adult entertainment facilities shall be allowed only in those areas designated as "Permitted Locations for Adult Entertainment Establishments" as indicated on that certain map prepared by the Hapeville city planner, which map is kept on file with the City Clerk. Any person, entity, or individual may review said map upon request to the City Clerk. Adult entertainment facilities shall be subject to the provisions of the zoning code, this article and the following standards of use: (1) The minimum lot area for an adult entertainment facility shall be one acre, and the minimum lot frontage on a public street shall be 75 feet. (2) In addition to zoning development standards governing commercial zoning districts,

34 rear yard shall be 75 feet. (3) In addition to the development standards of the zoning ordinance, adult entertainment facilities shall not be located in any strip shopping center, mall or other group structures and must be placed in a separate building on its own lot. (4) Parking shall meet the standards of a restaurant under the city zoning ordinance. buildings and structures established in connection with an adult entertainment facility shall be separated at least 40 feet from the buildings and structures of any other business establishment. The minimum rear yard shall be 75 feet. (3) In addition to the development standards of the zoning ordinance, adult entertainment facilities shall not be located in any strip shopping center, mall or other group structures and must be placed in a separate building on its own lot. (4) Parking shall meet the standards of a restaurant under the city zoning ordinance. Chapter 11, Business Licensing and Regulation, Article 2, Adult Entertainment Establishments, Section , Licensing (a) Any person, firm, partnership or corporation which owns or operates an establishment offering adult entertainment shall be required to obtain a license for an adult entertainment facility. No person, firm, partnership or corporation shall be permitted to operate an adult entertainment facility unless and until such a license is obtained. (b) To obtain an adult entertainment facility license, the applicant must: (1) Complete the application. Any untrue or misleading information contained in or material omission left out of an original or renewal application for a license hereunder shall be cause for the denial thereof, and, if any license has been granted under these circumstances, same shall be cause for revocation. (2) Provide documentation to prove that the applicant meets or exceeds the conditions pertaining to the property to be licensed; provide an "as-built" survey prepared and certified by a registered land surveyor or professional engineer depicting (a) (b) Any person, firm, partnership or corporation which owns or operates an establishment offering adult entertainment shall be required to obtain a license for an adult entertainment facility. No person, firm, partnership or corporation shall be permitted to operate an adult entertainment facility unless and until such a license is obtained. To obtain an adult entertainment facility license, the applicant must: (1) Complete the application. Any untrue or misleading information contained in or material omission left out of an original or renewal application for a license hereunder shall be cause for the denial thereof, and, if any license has been granted under these circumstances, same shall be cause for revocation

35 the location of the structure which will operate as the adult entertainment facility. Prior to the issuance of such license, the "as-built" survey shall be submitted to the building inspector for a determination as to whether the proposed site meets the standards set forth in the conditions of zoning and this article. (3) Furnish a complete set of fingerprints for all owners of sole proprietorships, all officers and owners of 15 percent or more of the shares of any corporation and all partners of any partnership. (4) Pay the applicable license fee. (c) No person, partnership, business, firm or corporation shall be granted a license if any person, partner, officer or the owner of 15 percent or more of the shares of or any interest in any such business, firm, partnership or corporation has been convicted of or has pled guilty or entered a plea of nolo contendere to any crime involving moral turpitude, lottery, gambling, illegal possession or sale of any narcotics, drugs or chemicals for which the sale thereof is controlled or prohibited by law, the control of the sale or distribution of alcoholic beverages, prostitution, solicitation of prostitution, sodomy, solicitation of sodomy or receiving stolen property, within a period of 15 years immediately prior to the filing of the application. Should any such person, partner, or officer or shareholder of a corporation, after a license has been granted, be convicted of or plead guilty or nolo contendere to any such crime, such license shall be subject to suspension and revocation. Withdrawal of an owner, officer or partner or enumerated shareholder, after pleading guilty or nolo contendere to the above enumerated crimes shall not necessarily mitigate against the penalty imposed hereby. (d) The city shall issue no more than one license to an establishment meeting the definition of section per each 10,000 persons living in the city according to the most recent (c) (2) Provide documentation to prove that the applicant meets or exceeds the conditions pertaining to the property to be licensed; provide an "as-built" survey prepared and certified by a registered land surveyor or professional engineer depicting the location of the structure which will operate as the adult entertainment facility. Prior to the issuance of such license, the "as-built" survey shall be submitted to the building inspector for a determination as to whether the proposed site meets the standards set forth in the conditions of zoning and this article. (3) Furnish a complete set of fingerprints for all owners of sole proprietorships, all officers and owners of 15 percent or more of the shares of any corporation and all partners of any partnership. (4) Pay the applicable license fee. No person, partnership, business, firm or corporation shall be granted a license if any person, partner, officer or the owner of 15 percent or more of the shares of or any interest in any such business, firm, partnership or corporation has been convicted of or has pled guilty or entered a plea of nolo contendere to any crime involving moral turpitude, lottery, gambling, illegal possession or sale of any narcotics, drugs or chemicals for which the sale thereof is controlled or prohibited by law, the control of the sale or distribution of alcoholic beverages, prostitution, solicitation of prostitution, sodomy,

36 decennial census of the United States as published by the United States Bureau of the Census. (e) It is the belief of the mayor and council that sale of items described in section is illegal under Georgia law and therefore not licensable under city ordinance. However, if any court declares to the contrary, the city shall issue no more than one license to an establishment meeting the definition of section per each 10,000 persons living in the city according to the most recent decennial census of the United States as published by the United States Bureau of the Census. (f) The license shall be renewed each year. A change of ownership shall require a new license and new license fee. (g) The fee for the adult entertainment facility license shall be $3, per year. (h) Any person, firm, business, partnership or corporation which holds an adult entertainment facility license must also comply with all applicable local, state and federal laws or regulations otherwise pertaining to these establishments. (i) All applications for new licenses shall be passed upon by the director of community services within 60 days of the date of filing of the completed application. The date of filing shall be the date by which a properly completed and executed application form and the license fee are received by the director of community services. Upon the expiration of the 60-day period without a decision being made on the application by the director of community services, the applicant shall be permitted to begin and conduct business as an adult entertainment facility under this statutory provision unless and until such time as the director of community services notifies the applicant of a denial of the application and states the reasons for the denial. No person or entity conducting business as an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the director of (d) (e) (f) solicitation of sodomy or receiving stolen property, within a period of 15 years immediately prior to the filing of the application. Should any such person, partner, or officer or shareholder of a corporation, after a license has been granted, be convicted of or plead guilty or nolo contendere to any such crime, such license shall be subject to suspension and revocation. Withdrawal of an owner, officer or partner or enumerated shareholder, after pleading guilty or nolo contendere to the above enumerated crimes shall not necessarily mitigate against the penalty imposed hereby. The City shall issue no more than one license to an establishment meeting the definition of adult entertainment facility set forth in section per each 10,000 persons living in the City according to the most recent decennial census of the United States as published by the United States Bureau of the Census. It is the belief of the Mayor and Council that sale of items described in section is illegal under Georgia law and therefore not licensable under City ordinance. However, if any court declares to the contrary, the City shall issue no more than one license to an establishment meeting the definition of section per each 10,000 persons living in the City according to the most recent decennial census of the United States as published by the United States Bureau of the Census. The license shall be renewed each year. A change of ownership shall require a new license and new license fee

37 community services later denies the application, the business must be brought into compliance with this article. (j) In the event that the director of community services denies an application for a license: (1) The denial and specific reasons for the denial shall be transmitted to the applicant in writing. The applicant shall have the right to appeal the denial to the chief administrator. Such appeal shall be filed in writing no later than ten days from the date of the director of community service's denial. The applicant's failure to appeal the director of community service's denial within ten days shall constitute a waiver of any appeal rights hereunder. If a timely appeal is filed, a hearing shall be held not more than 30 days from the date of the chief administrator's receipt of the written notice of appeal. Upon the expiration of the 30-day period without a hearing, the applicant shall be permitted to begin and conduct business as an adult entertainment facility under this statutory provision unless and until such time as the chief administrator sustains the decision of the director of community services. No person or entity conducting business as an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the chief administrator later sustains or modifies the director of community services' denial of the application, the business must be brought into compliance with this article. (2) The chief administrator may sustain, overrule, or modify the decision of the director of community services. The decision of the chief administrator following the hearing on the matter shall be issued within 15 days of the date of the hearing and shall be final. Upon the expiration of the 15-day period without a decision of the chief administrator, the applicant shall be permitted to begin and conduct business as an adult entertainment facility under this statutory provision unless and (g) The fee for the adult entertainment facility license shall be $3, per year. (h) Any person, firm, business, partnership or corporation which holds an adult entertainment facility license must also comply with all applicable local, state and federal laws or regulations otherwise pertaining to these establishments. (i) (j) All applications for new licenses shall be decided upon by the Police Chief, or the City Manager if the Police Chief is unavailable or incapacitated, within 60 calendar days of the date of filing of the completed application. The date of filing shall be the date by which a properly completed and executed application form and the license fee are received by the Police Chief. Upon the expiration of this 60 calendar day period without a decision being made on the application by the Police Chief, the applicant shall be permitted to begin and conduct business as an adult entertainment facility under this provision unless and until such time as the Police Chief notifies the applicant of a denial of the application and states the reasons for the denial. No person or entity conducting business as an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the Police Chief later denies the application, the business must be brought into compliance with this article. In the event that the Police Chief, or the City Manager if the Police Chief is unavailable or incapacitated, denies an application for a license:

38 until such time as the chief administrator sustains the decision of the director of community services. No person or entity conducting business as an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the chief administrator later sustains or modifies the director of community services' denial of the application, the business must be brought into compliance with this article. (1) The denial and specific reasons for the denial shall be transmitted to the applicant in writing. The applicant shall have the right to appeal the denial to the Mayor and Council. Such appeal shall be filed in writing no later than 10 calendar days from the date of the Police Chief s denial. The applicant's failure to appeal the Police Chief's denial within 10 calendar days shall constitute a waiver of any appeal rights hereunder. If a timely appeal is filed, a hearing shall be held not more than 30 calendar days from the date of receipt of the written notice of appeal by Mayor and Council. Upon the expiration of this 30 calendar day period without a hearing, the applicant shall be permitted to begin and conduct business as an adult entertainment facility under this provision unless and until such time as the Mayor and Council sustain the decision of the Police Chief. No person or entity conducting business as an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the Mayor and Council later sustain or modify the Police Chief's denial of the application, the business must be brought into compliance with this article. (2) The Mayor and Council may sustain, overrule, or modify the decision of the Police Chief. The decision of the Mayor and Council following the hearing on the matter shall be issued within 15 calendar days of the

39 Chapter 11, Business Licensing and Regulation, Article 2, Adult Entertainment Establishments, Section , Regulation of conduct on premises (a) Any person, firm, business, partnership or corporation licensed hereunder or patronizing such business shall comply with the following rules and regulations pertaining to the operation of the adult entertainment facility: (1) No licensee shall offer adult entertainment between the hours of 2:00 a.m. and 12:00 noon. (2) No person under the age of 18 years shall be permitted on the premises. (3) No patron shall touch, fondle or caress any performers, nor shall any performer touch, fondle or caress a patron. (4) No tips for performers shall be placed by a patron on the person of the performer. (5) All live performers of adult entertainment shall be date of the hearing and shall be final. Upon the expiration of this 15 calendar day period without a decision of the Mayor and Council, the applicant shall be permitted to begin and conduct business as an adult ent ertainment facility under this provision unless and until such time as the Mayor and Council sustain the decision of the Police Chief. No person or entity conducting business as an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the Mayor and Counci l later sustain or modify the Police Chief's denial of the application, the business must be brought into compliance with this article. (3) An appeal of the decision of the Mayor and Council shall be taken by writ of certiorari to the Superior Court of Fulton County. (a) Any person, firm, business, partnership or corporation licensed hereunder or patronizing such business shall comply with the following rules and regulations pertaining to the operation of the adult entertainment facility: (1) No licensee shall offer adult entertainment between the hours of 2:00 a.m. and 12:00 noon. (2) No person under the age of 18 years shall be permitted on the premises. (3) No patron shall touch, fondle or caress any performers, nor shall any performer touch, fondle or caress a patron. (4) No tips for performers shall be placed by a patron on the person of the performer

40 restricted to fixed stages, and no patron shall be permitted on such stages for any purpose. Fixed stage shall be defined as a raised floor area or stage at least four feet high and designed exclusively for, and used only by, performers. Tables used for seating and service to customers do not meet these standards and shall not be used for performing purposes. (6) The license shall be displayed in a prominent place on the premises at all times. (7) No licensee shall permit any alcoholic beverages to be served, offered or consumed on the licensed premises or in any parking area dedicated to use of the premises. (8) In all areas where adult entertainment as described in section occurs, lighting equivalent to 3½ footcandles per square foot shall be maintained. (9) No patron shall be allowed in any dressing area, nor shall any entertainer and patron jointly occupy any private room. (b) Violations of these rules and regulations will result in either citation or the suspension or revocation of the license or both. Criminal penalties for violation are as set forth in section of this Code. (c) Should the director of community services determine that grounds for suspension or revocation exist under subsection (a) above: (1) The director of community services shall send notice by first-class mail to the license holder of the license suspension or revocation with a statement of the grounds supporting such action. Any revocation or suspension shall be effective on the third business day after the date of the notice. (2) Any license holder may request within ten days of the date of notice of revocation or suspension from the director of community services a hearing before the chief administrator for the purpose of presenting evidence and asking for (5) All live performers of adult entertainment shall be restricted to fixed stages, and no patron shall be permitted on such stages for any purpose. Fixed stage shall be defined as a raised floor area or stage at least four feet high and designed exclusively for, and used only by, performers. Tables used for seating and service to customers do not meet these standards and shall not be used for performing purposes. (6) The license shall be displayed in a prominent place on the premises at all times. (7) No licensee shall permit any alcoholic beverages to be served, offered or consumed on the licensed premises or in any parking area dedicated to use of the premises. (8) In all areas where adult entertainment as described in section occurs, lighting equivalent to 3½ footcandles per square foot shall be maintained. (9) No patron shall be allowed in any dressing area, nor shall any entertainer and patron jointly occupy any private room. (b) Violations of these rules and regulations will result in either citation or the suspension or revocation of the license or both. Criminal penalties for violation are as set forth in section of this Code. (c) Should the Police Chief, or the City Manager in the event the Police Chief is unavailable or incapacitated, determine that grounds for suspension or revocation exist under subsection (a) above: (1) The Police Chief shall send notice by first-class mail to the license holder of the license suspension or revocation with a statement of the grounds supporting such action. Any revocation or suspension shall be effective on the third business day after the date of the notice. (2) Any license holder may request within

41 reconsideration of such action. Failure to request such reconsideration in writing within ten days of the date of the notice shall result in a waiver of any appeal rights hereunder. If a hearing for reconsideration before the chief administrator is requested, a hearing shall be held not more than 30 days from the date that the written notice requesting such hearing is received by the chief administrator. Upon the expiration of the 30-day period without a hearing, the license holder shall be permitted to resume business as an adult entertainment facility under this statutory provision unless and until such time as the chief administrator sustains the decision of the director of community services. No person or entity conducting business as an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the chief administrator later sustains or modifies the director of community services' suspension or revocation of the license, the business must be brought into compliance with this article. (3) The chief administrator may sustain, overrule, or modify the decision of the director of community services. The decision of the chief administrator following the hearing on the matter shall be issued within 15 days of the date of the hearing and shall be final. Upon the expiration of the 15-day period without a decision of the chief administrator, the license holder shall be permitted to resume business as an adult entertainment facility under this statutory provision unless and until such time as the chief administrator sustains the decision of the director of community services. No person or entity conducting business as an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the chief administrator later sustains or modifies the director of community services' suspension or revocation of the license, the business must be brought into compliance with this calendar days of the date of notice of revocation or suspension from the Police Chief a hearing before the Mayor and Council for the purpose of presenting evidence and asking for reconsideration of such action. Failure to request such reconsideration in writing within 10 calendar days of the date of the notice shall result in a waiver of any appeal rights hereunder. If a hearing for reconsideration before the Mayor and Council is requested, a hearing shall be held not more than 30 calendar days from the date that the written notice requesting such hearing is received by the Mayor and Council. Upon the expiration of this 30 calendar day period without a hearing, the license holder shall be permitted to resume business as an adult entertainment facility under this provision unless and until such time as the Mayor and Council sustain the decision of the Police Chief. No person or entity conducting business as an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the Mayor and Council later sustain or modify the Police Chief's suspension or revocation of the license, the business must be brought into compliance with this article. (3) The Mayor and Council may sustain, overrule, or modify the decision of the Police Chief. The decision of the Mayor and Council following the hearing on the matter shall be issued within 15 calendar days of the date of the hearing and shall be final. Upon the expiration of this 15 calendar day period without a decision of the Mayor and Council, the license holder shall be permitted to resume business as an adult entertainment facility under this provision unless and until such time as the Mayor and Council sustain the decision of the Police Chief. No person or entity conducting business as an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the Mayor and Council later sustain or modify the Police

42 Chapter 11, Business Licensing and Regulation, Article 2, Adult Entertainment Establishments, Section , Employee investigations, fees article. (a) No person may be employed or allowed to work as an independent contractor delivering adult entertainment by an establishment holding a license hereunder until such person has been fingerprinted by the police department and has been issued a letter of clearance by the police department indicating the person has not, within the preceding five years been convicted of or pled nolo contendere to any law catalogued by section (c) of this article. A letter of compliance shall be issued by the police department indicating the person is eligible for such employment. This letter must be kept on file at the licensed establishment where such person may be performing. This section shall apply to performers, entertainers and musicians engaged in temporary work or independent contracting, as well as regular employees. (b) The police department shall conduct or procure a criminal background search of the person fingerprinted to discover any police record of the person fingerprinted. (1) In the event that the search reveals a violation of law as catalogued in subsection (c) of this article, the police department shall issue a letter to the person fingerprinted stating that the person is ineligible for employment. This determination must be made within seven days from the date that a complete application is received by the police department from the person fingerprinted. Upon the expiration of the seven-day period without a determination being made on the application by the police department, the person fingerprinted shall be permitted to be employed or work as an independent contractor at an adult entertainment facility under this statutory Chief's suspension or revocation of the license, the business must be brought into compliance with this article. (4) An appeal of the decision of the Mayor and Council shall be taken by writ of certiorari to the Superior Court of Fulton County. (a) No person may be employed or allowed to work as an independent contractor delivering adult entertainment by an establishment holding a license hereunder until such person has been fingerprinted by the police department and has been issued a letter of clearance by the police department indicating the person has not, within the preceding five years been convicted of or pled nolo contendere to any law catalogued by section (c) of this article. A letter of compliance shall be issued by the police department indicating the person is eligible for such employment. This letter must be kept on file at the licensed establishment where such person may be performing. This section shall apply to performers, entertainers and musicians engaged in temporary work or independent contracting, as well as regular employees. (b) The police department shall conduct or procure a criminal background search of the person fingerprinted to discover any police record of the person fingerprinted. (1) In the event that the search reveals a violation of law as catalogued in subsection (c) of this article, the police department shall issue a letter to the person fingerprinted stating that the person is ineligible for employment. This determination must be made within 7 calendar days from the date that a complete application is received by the police department from the person fingerprinted. Upon the expiration of this 7 calendar day period without a determination being made on the application by the police department, the person fingerprinted shall be permitted to be employed or work as an independent contractor at an adult entertainment facility under

43 provision unless and until such time as the police department notifies the person fingerprinted of a determination of ineligibility. No person employed or working as an independent contractor at an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the police department later determines that the person fingerprinted is ineligible, the person fingerprinted must comply with this article. (2) In the event that the police department issues a letter to the person fingerprinted indicating that the person fingerprinted is ineligible for employment, this determination may be appealed to the director of community services. Such appeal shall be filed in writing no later than ten days from the date of the letter of ineligibility from the police department. Failure to appeal the police department's decision within ten days of the letter shall constitute a waiver of any appeal rights hereunder. If an appeal is filed, a hearing shall be held not more than 30 days from the date of the written notice of appeal. Upon the expiration of the 30-day period without a hearing, the person fingerprinted shall be permitted to be employed or work as an independent contractor at an adult entertainment facility under this statutory provision unless and until such time as the director of community services sustains the police department's decision. No person employed or working as an independent contractor at an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the director of community services later sustains or modifies the police department's determination of ineligibility, the person fingerprinted must comply with this article. (3) The director of community services may sustain, overrule, or modify the decision of the police department. The decision of the director of community services following the this provision unless and until such time as the police department notifies the person fingerprinted of a determination of ineligibility. No person employed or working as an independent contractor at an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the police department later determines that the person fingerprinted is ineligible, the person fingerprinted must comply with this article. (2) In the event that the police department issues a letter to the person fingerprinted indicating that the person fingerprinted is ineligible for employment, this determination may be appealed to the City Manager. Such appeal shall be filed in writing no later than 10 calendar days from the date of the letter of ineligibility from the police department. Failure to appeal the police department's decision within 10 calendar days of the letter shall constitute a waiver of any appeal rights hereunder. If an appeal is filed, a hearing shall be held not more than 30 calendar days from the date of the written notice of appeal. Upon the expiration of this 30 calendar day period without a hearing, the person fingerprinted shall be permitted to be employed or work as an independent contractor at an adult entertainment facility under this provision unless and until such time as the City Manager sustains the police department's decision. No person employed or working as an independent contractor at an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the City Manager later sustains or modifies the police department's determination of ineligibility, the person fingerprinted must comply with this article. (3) The City Manager may sustain, overrule, or modify the decision of the police department. The decision of the City Manager following the hearing on the matter shall be issued within 15 calendar days of the date of the hearing and

44 Sec Exemptions. hearing on the matter shall be issued within 15 days of the date of the hearing and shall be final. Upon the expiration of the 15- day period without a decision of the director of community services, the person fingerprinted shall be permitted to be employed or work as an independent contractor at an adult entertainment facility under this statutory provision unless and until such time as the director of community services sustains the police department's decision. No person employed or working as an independent contractor at an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the director of community services later sustains or modifies the police department's determination of ineligibility, the person fingerprinted must comply with this article. Nothing in this section shall be construed as applying to State of Georgia licensed barbers, cosmetologists, manicurists, pedicurists, physical therapists, physical therapists assistants, midwives, practical nurses, agents, servants or employees in licensed hospitals or nursing homes or other licensed medical institutions, licensed physicians, osteopaths, chiropractors, podiatrists, naturopathic physicians or other licensed medical practitioners, licensed psychologists or their agents, servants or employees acting in the course of such agency, service or employment. shall be final. Upon the expiration of this 15 calendar day period without a decision of the City Manager, the person fingerprinted shall be permitted to be employed or work as an independent contractor at an adult entertainment facility under this provision unless and until such time as the City Manager sustains the police department's decision. No person employed or working as an independent contractor at an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the City Manager later sustains or modifies the police department's determination of ineligibility, the person fingerprinted must comply with this article. Nothing in this section shall be construed as applying to State of Georgia licensed barbers, cosmetologists, manicurists, pedicurists, physical therapists, physical therapists assistants, midwives, practical nurses, agents, servants or employees in licensed hospitals or nursing homes or other licensed medical institutions, licensed physicians, osteopaths, chiropractors, podiatrists, naturopathic physicians or other licensed medical practitioners, licensed psychologists or their agents, servants or employees acting in the course of such agency, service or employment. *Note that no changes were made to Section

45 South Central Ave S Central Ave N Central Ave Willingham Dr I-85 Exwy I-85 I-85 Exwy I-85 Exwy I-85 Adopted on, 2015 via Ordinance 1 inch = 150 feet Permitted Locations for Adult Entertanimment Establishments Permitted Locations for Adult Entertainment Establishments

46 Orchard St Airport Loop Rd Rainey Ave Truck Rd Oakridge Ave Clay Pl Virginia Ave Doug Davis Dr S Central Ave Atlanta Ave Dogwood Dr S Fulton Ave College St N Fulton Ave Perkins St N Central Ave King Arnold St Claire Dr Porsche Ave Inner Loop Rd Chestnut St Georgia Ave Elm St Oak St Union Ave Airport Loop Rd Chestnut St Airport Loop Rd Adopted on, 2015 via Ordinance 1 inch = 600 feet Permitted Locations for Adult Entertanimment Establishments Permitted Locations for Adult Entertainment Establishments

47 Sylvan Rd / Springdale Rd Baker Dr Sylvan Rd Springdale Rd I-85 Adopted on, 2015 via Ordinance 1 inch = 150 feet Permitted Locations for Adult Entertanimment Establishments Permitted Locations for Adult Entertainment Establishments

48 FIDIM FrNCHFR DFNMARI-.. & MIt\.'NlfJlLD llc ATTORN EYS AT LAW.5024 FAIRO\"'~ C\)UIU JO"-E:-'IHIRO LJA 3023(1 T 770.% F.,iOA STEVEN M. r-incher WINSTON A. DENMARK KIMELYN A. MINNIFIELD WRITER'S LINE klllisra@f<lwmijw.<:om EMILIA C. WALKER KIIMN I'. MISRA DESTINY~. WASHINGTON EUGENE SMITH ETI-I.-\N PIlAM CONFIDENTIAL ATTORNEY CLIENT PRIVILEGED INFORMATION ATTORNEY WORK PRODUCT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: Mr. William Whitson, City Manager, Hapeville, Georgia FINCHER DENMARK & MINNIFIELD LLC Kiran P. Misra, Esq. October 28, 2015 Adult Entertainment Ordinance - Requested Changes by Mayor and Council INTRODUCTION As you know, a fully-revised version of Hapeville's Adult Entertainment Ordinance (the "Ordinance") has been under construction for quite some time. Throughout this revision process, additional changes have been made to the Ordinance as new concerns have been raised by Mayor and Council, the City Manager, the City Attorney, the City Planner, staff members, and citizens. It has therefore become difficult to ascertain exactly which changes have been made to the Ordinance from the moment revisions began to the present day. This memorandum is intended to help summarize and clarify the changes that have been made to the Ordinance. For clarity's sake, this memorandum will briefly explain the significant substantive changes that have been made to the Ordinance. The changes that have been made to the Ordinance over time have been requested by Mayor and Council and the City Manager. These changes have also been recommended by the City Attorney's office to increase the Ordinance s compliance with constitutional due process and free speech concerns. A redlined document is being submitted along with this memorandum that illustrates eve,y change that has been made to the "original" version of the Ordinance over the past several months (the original version of the Ordinance used for this comparison is the version currently displayed in Municode). Also submitted for review is a comparison chart that highlights these same changes in an easy to read, side-by-side format. Last, the final version of the fully-revised. adoption-ready Ordinance is being submitted for review and consideration by Mayor and Council on ovember 3, 2015.

49 BACKGROUND Mayor and Council have previously reviewed a version of the Ordinance that was substantially similar to the adoption-ready version of the Ordinance submitted herewith. Upon that previous review, Mayor and Council specifically requested that the appeals process set forth in the Ordinance be amended. This change has been made, in keeping with Mayor and Council's approval and instruction, and is included in the version of the Ordinance submitted herewith. Other housekeeping changes have also been made (i.e., ensuring consistent and correct numeration, capitalization, terminology, etc.), as can be seen via a review of the redlined document and comparison chart. If Mayor and Council approve of all of the changes that have been made to the Ordinance, Mayor and Council should adopt the final version of the Ordinance submitted herewith, along with its accompanying maps. Adoption of this Ordinance will ensure all changes requested to date have been incorporated into Hapeville's Code of Ordinances, and will also ensure that one comprehensive Adult Entertainment Ordinance exists. SIG IFICANT CHANGES Below is a brief summary of the major changes that have been made to the Ordinance over time: I) Research and Findings: A new Section I has been added to the beginning of the Ordinance that cites various academic research articles, public findings, reports, and court opinions. This information was provided to Mayor and Council in September, 2015 for their review and consideration. The Supreme Court of the United States I has suggested that a municipality make it clear that said municipality has considered this type of information before regulating the location of adult entertainment facilities within its boundaries. Thus, Section of the revised Ordinance itself references several of these types of recommended sources. This amendment makes the fact that Mayor and Council exercised educated good-faith in regulating adult entel1ainment facilities in Hapeville apparent on the face ofthe Ordinance. 2) Definitions: The definitions section of the Ordinance has been vastly expanded and moved to a newly numbered Section A review of the redlined document submitted herewith should adequately illustrate the magnitude of this change. Expanding the definitions section of the Ordinance has established a more comprehensive, encompassing, and thorough scope of what constitutes "adult entertainment" and an "adult entertainment facility." Previously, the definitions section of the Ordinance did not include several types of establishments, items, or activities that most people would consider related to "adult entertainment." The version of the Ordinance submitted herewith corrects that inadequacy. 1 Renton v. Playtime Theatres, 475 U.S. 41,106 S. Ct. 925, 89 L. Ed. 2d 29,1986 U.S. LEXIS 2, 54 U.S.L.W. 4160, 12 Media L. Rep (U.S. 1986) 2

50 3) Location: Section of the Ordinance establishes the locations in Hapeville where adult entertainment facilities may open and operate. In previous versions of the Ordinance, Section I I-2-2 listed those locations by reference to certain streets in Hapeville. However, some of those street names have changed over time. The Ordinance was initially amended by the City Attorney to reference the updated, current street names of those locations where adult entertainment facilities could operate. It was then determined that referencing a map that illustrates those locations would be more streamlined and preferable than listing street names. Thus, per instruction, the City Attorney has amended Section to reference said map, which shall be available for review upon request from the City Clerk ofhapeville. This map is being submitted along with the Ordinance for Mayor and Council review and adoption on November 3, Any future changes to this map will also have to be approved by Mayor and Council. 4) Appeals Process: Previous versions of the Ordinance did not contain fully developed or practicable appeals processes in Sections (i) and (j) (regarding issuance ofa license to operate an adult entertainment facility), or Section (c) (regarding suspension or revocation of a license to operate an adult entertainment facility), or Section (b) (regarding pre-employment employee background checks). Accordingly, these appeals processes have been amended in three ways: a. Terminology: Previous versions of the Ordinance included confusing terminology. For example, older versions of the Ordinance stated that when an applicant applied for a license to operate an adult entertainment facility, he or she would submit that license application to the "director of community services." If the "director of community services" denied the application, the applicant could appeal to the "chief administrator." In reality, Hapeville does not have a "director of community services," and the individual who is the "chief administrator" is more appropriately referred to as the City Manager. This terminology has been updated in conjunction with changes described in subsection b. below. b. Process: Mayor and Council requested that Sections (i) and (j) and Section (c) of the Ordinance be amended to substitute the Police Chiefof Hapeville for the "director of community services." Thus, in the revised Ordinance, the Police Chief shall decide upon i) initial applications for licenses to operate adult entertainment facilities, and ii) questions of whether to suspend or revoke such licenses that have already been granted. Mayor and Council also specifically requested that Mayor and Council be included in the review of denied license applications and decisions to suspend or revoke already-granted licenses. As a result, under the final version of the Ordinance, when an applicant appeals a 3

51 license denial or a decision to suspend or revoke a license from the Police Chief, the appeal will go to the Mayor and Council. The final Ordinance has also been changed to state that the City Manager shall serve as the back-up for the Police Chief in regard to reviewing applications for licenses in the event the Police Chief is incapacitated or unavailable. The revised Ordinance further states that when the Hapeville police department determines that a prospective employee has not passed the background check necessary to be employed at an adult entertainment facility, as discussed in Section (b), then the employee may appeal that denial to the City Manager rather than the "director ofcommunity services." c. Certiorari: The revised version of the Ordinance specifically mentions that when any license holder or license applicant chooses to appeal a decision of the Mayor and Council regarding his or her license, that appeal must be taken by "writ of certiorari" to the Superior Court of Fulton County. In order to "take" an appeal by "writ of certiorari" to a court, the appellant must first file a petition with said court seeking permission of the court to appeal. The court must grant the appellant permission to appeal via a writ of certiorari before the appellant can appeal. This is a di fficult procedural standard for appellants to overcome, and is thus very protective of Hapeville. For this reason, the final version of the Ordinance speci fies that this appeal standard must be used. In addition to the significant substantive changes described above, please note that numerous grammatical, wording, clarity, consistency, and terminology problems with previous versions ofthe Ordinance have been corrected in the current, revised version ofthe Ordinance. CONCLVSIO In conclusion, a version of the Ordinance previously reviewed by Mayor and Council included most of the changes discussed above except the revised appeals process. [n the final version of the Ordinance to be submitted to the Mayor and Council for consideration on November 3, 2015, the appeals process has been amended to reflect Mayor and Council's requested changes. The Ordinance has also been reviewed and revised for consistency and clarity throughout. Please do not hesitate to contact the City Attorney should you have any questions regarding this matter. 4

52 ARTICLE 2. - ADULT ENTERTAINMENT ESTABLISHMENTS Sec Definitions. Findings; public purpose. For the purposes of this article: Adult entertainment means any establishment which offers for commercial purposes on its premises: (1) Permitting, performing or engaging, in person, on the premises, in acts of or acts which simulate: a. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law; b. The touching, caressing or fondling, either of one's self or of another, of the breasts, buttocks, anus or genitals; c. Appearing or permitting any person to appear live unclothed or in such attire, costume or clothing as to expose to view any portion of the female areola, any portion of the anus, vulva or genitals, cleft of the buttocks, or attached male or female pubic hair. (2) Showing or permitting the showing of films, still pictures, electronic reproductions, videographic or other visual reproductions depicting masturbation, or acts of sexual intercourse, sodomy, oral copulation, flagellation or any sexual acts which are prohibited by law in which the unclothed contact of the genitalia of two or more persons is clearly visible; provided, however, that random acts of patrons or employees, whose actions do not constitute actions taken pursuant to encouragement or acquiescence of the management of the establishment and are not for the purposes of entertainment, promotion, publicity or notoriety for the establishment shall not constitute adult entertainment as defined in this section; provided further that nothing herein shall be deemed to make legal any conduct that may otherwise be prohibited by law. Adult entertainment facility means any commercial (a) The Mayor and Council, which is the governing body of the City of Hapeville, Georgia (the City ), is aware of the following evidence concerning the adverse secondary effects of adult entertainment on the community presented in hearings and in reports made available to the Mayor and Council of the City: (1) Findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986) and Young v. American Mini Theatres, 427 U.S. 50 (1976), and in articles and studies in other communities including, but not limited to: Rome, Georgia; Adams County, Colorado; New York, New York; Newport News, Virginia; El Paso, Texas; Manatee County, Florida; Bellevue, Washington; Kent, Washington; City of Sandy Springs, Georgia; Fulton County, Georgia; Phoenix, Arizona; Minneapolis, Minnesota; Indianapolis, Indiana; Amarillo, Texas; Los Angeles, California; Seattle, Washington; Oklahoma City, Oklahoma, and other studies, articles, and court decisions; and Page 1

53 (2) The opinion of the Eleventh Circuit Court of Appeals in Flanigan's Enterprises, Inc. of Georgia v. Fulton County, Ga., 596 F.3d 1265 (11 th Cir. 2010), which discusses extensive evidence of negative secondary effects of adult entertainment establishments in Fulton County, Georgia incorporated into the record of the proceedings before the Mayor and Council of the City; and (3) Three articles authored or co-authored by Dr. Richard McCleary, Professor at the University of California, Irvine, entitled "Rural Hotspots: The Case of Adult Business" (2008); "Do Peep Shows 'Cause' Crime? A Response to Linz, Paul, and Yao" (2006); and "Do 'Off-Site' Adult Businesses Have Secondary Effects? Legal Doctrine, Social Theory, and Empirical Evidence" (2009), incorporated into the record of the proceedings before the Mayor and Council of the City; and (b) Based upon all of this evidence, the Mayor and Council of the City find: (1) Sexually oriented businesses, also known as adult entertainment establishments, lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled or inadequately controlled by the operators of the establishments. Sexually oriented businesses cause an increase in criminal behavior in nearby areas, including, but not limited to, disorderly conduct, prostitution, solicitation, drug trafficking, drug use, assaults and batteries, and corruption of public officials. (2) Sexual acts, including masturbation, and oral and anal sex, may occur at sexually oriented businesses. Offering or providing private or semi-private space encourages such activities, which creates unhealthy conditions. (3) Adult entertainment establishments escalate and exacerbate undesirable community conditions, including, but not limited to, blight, diminished property values, increased need for law enforcement and emergency medical response resources, and increased burden on the judicial system as a result of the criminal behavior which the Mayor and Council find such business establishments bring to a community. The secondary negative effects that are caused by such businesses are not limited to such facilities that offer live or recorded performances with human nudity or the depiction of sexual acts, but other forms of sexually oriented businesses that also have a deleterious effect on nearby neighborhoods, commercial districts, and on urban life in general. These other types of such businesses include, but are not limited to adult bookstores, peep shows, massage parlors, bath houses, adult gift and novelty shops, and lingerie or nude modeling studios. (4) Persons frequent certain adult theatres, adult arcades, and other sexually oriented businesses for the purpose of engaging in sexual activity within the premises of such sexually oriented businesses. Page 2

54 (5) Communicable diseases may be spread by activities occurring in sexually oriented businesses. (6) Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities. (7) Numerous studies and reports have determined that semen is found in some areas of some sexually oriented businesses. (8) The findings noted in paragraphs numbered (1) through (7) raise substantial governmental concerns. (9) Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns. (10) The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases and other secondary negative effects as described herein. (11) It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding employees who may engage in the conduct which this chapter is designed to prevent or who are likely to be witnesses to such activity. (12) The fact that an applicant for an adult entertainment license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this chapter. (13) The barring of such individuals from the management of adult entertainment establishments for a period of years serves as a deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases. (14) The general welfare, health, morals and safety of the citizens of the City will be promoted by the enactment of this chapter. Based on the experiences of other counties and municipalities as described above, which experiences are found to be relevant to the problems faced by the City; and based on the findings of multiple courts around the country; and based on the documentary evidence submitted to the Mayor and Council, the Mayor and Council take note of the well-known and self-evident conditions and secondary effects attendant to the commercial exploitation of human sexuality, which do not vary greatly among the various communities within our country. Page 3

55 It is the finding of the Mayor and Council that public nudity (either partial or total), under certain circumstances, in establishments offering live nude entertainment or "adult entertainment," begets criminal behavior and tends to create undesirable community conditions. In the same manner, establishments offering cinematographic or videographic adult entertainment have the same deleterious effects on the community. Among the undesirable community conditions identified in other communities with commercial nudity and cinematographic or videographic adult entertainment are criminal activity, depression of property values and acceleration of community blight in the surrounding neighborhoods, increased allocation of and expenditure for law enforcement personnel to preserve law and order, and increased burden on the judicial system as a consequence of the criminal behavior hereinabove referenced. The Mayor and Council find it is reasonable to believe that some or all of these undesirable community conditions will result in the City, as well, unless these regulations are adopted. Furthermore, it is the finding of the Mayor and Council that nude or semi-nude live entertainment and other forms of adult entertainment including, but not limited to, adult book stores, adult novelty shops, adult video stores, peep shows, adult theaters, and massage parlors have an adverse effect upon the quality of life in the City and surrounding communities. The Mayor and Council further find that each separate adverse secondary effect of adult entertainment businesses and sexually oriented businesses constitutes a substantial governmental interest, that each substantial governmental interest includes, but is not limited to, preventing future adverse secondary effects of both pre-existing sexually oriented businesses and adult entertainment businesses in the City and those that may open in the future, and the viability of each separate substantial governmental interest of the City addressed herein does not depend upon any comparative analysis between adult entertainment businesses and non-adult entertainment businesses. The Mayor and Council therefore find that it is in the best interests of the health, welfare, safety and morals of the City, the community and the preservation of its businesses, neighborhoods, churches, schools, residential areas, public parks and children's day care facilities to prevent or reduce the adverse impacts of adult entertainment establishments. Therefore, the Mayor and Council of the City find that licensing and regulations are necessary for any adult entertainment establishment, and find that these regulations promote the public welfare by furthering legitimate public and governmental interests, including but not limited to, reducing criminal activity and protecting against or eliminating undesirable community conditions. The Mayor and Council further find that such will not infringe upon the protected Constitutional rights of freedom of speech or expression. To all of these ends, this chapter is hereby adopted. Also based upon all of the information, studies, and findings in court decisions, as well as the well known and self evident conditions and secondary effects caused by the commercial exploitation of commercial nudity combined with the sale, dispensing and consumption of alcoholic beverages, the Mayor and Council also find and conclude that the sale, dispensing, or consumption of alcoholic beverages of any kind in an adult entertainment establishment as defined herein tends to independently create, aggravate, exacerbate, and add to all of those Page 4

56 negative secondary effects set forth in this section. The purpose and intent of this ordinance is to address and forestall those negative secondary effects in the City within the permissible limits and parameters of the Georgia and United States Constitutions. Sec Definitions. Except as specifically defined herein, all words used in this chapter shall be as defined in the most recent edition of the New Illustrated Book of Development Definitions (Rutgers). Words not defined herein or in the foregoing book shall be construed to have the meaning given by common and ordinary use, and shall be interpreted within the context of the sentence and section in which they occur. Adult bookstore means any commercial establishment in which: (1) more than 50 square feet of floor space is used for the display or offer for sale or rental of any book or publication, film, or other medium which depicts sexually explicit nudity or sexual conduct by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; and/or (2) 25 percent or more of its display area is used for the display or offer for sale or rental of those media or materials. Adult entertainment means entertainment that is characterized by an emphasis on the depiction or the featuring of "specified anatomical areas." Adult entertainment includes trade, adult or sexually oriented toys, books, magazines or other periodicals, videotapes, movies, photographs, or films, as well as live performances, that predominantly feature, simulate, or depict performances by persons that are distinguished or characterized by an emphasis on "specified sexual activities" as defined herein, and/or performances that feature, depict, or emphasize performers' genitals, pubic region, anus, female breasts below the top of the point immediately above the areola, or "specified anatomical areas." Adult entertainment facility shall be defined to include the following types of businesses: (1) Any commercial facility which provides live entertainment where such performances are distinguished or characterized by a simulated depiction of "specified sexual activities" as defined herein; (2) Any commercial facility in which persons perform live in a manner so as to feature, depict, or emphasize their genitals, pubic region, anus, female breasts, or "specified anatomical areas" as defined herein; (3) Any commercial facility which holds, promotes, sponsors or allows any contest, promotion, special night, event or any other activity where live patrons of the establishment in the city where adult entertainment is sponsored, allowed,are encouraged, condoned, presented, sold or offeredallowed to engage in any of the public, conduct described in paragraphs (1) and/or an establishment with(2) above; Page 5

57 (4) Any commercial facility having a substantial or significant portion of its stock in trade, adult or sexually oriented toys, books, magazines or other periodicals, videotapes or movies, or other reproductions, whether for sale or rent which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" as defined herein, or "specified anatomical areas" as defined herein, or having a segment or section comprising more than 50 square feet of its total floor space devoted to such activity. An establishment meets this the sale or display of such material, or which utilizes 25 percent or more of its display area for the display or offer for sale or rental of such media or materials, or which derives more than 5 percent of its net sales from the sale or rental of such material; (5) Any commercial facility utilizing an enclosed building with a capacity of 50 or more persons used for cinematographic or videographic presentation of material distinguished by or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," as defined herein, for observation by patrons therein; (6) Any adult motion picture theater, adult motion picture arcade, adult mini-motion picture theater, adult bookstore, adult video store, adult hotel, or adult motel, as defined herein; (7) The definition even if such activity is allowed on onlyof "adult entertainment facility" shall not include traditional or mainstream theater, which means a theater, movie theater, concert hall, museum, educational institution, bar, restaurant, dinner theater, karaoke bar or restaurant, or similar establishment which regularly features live or other performances or showings which are not distinguished or characterized by an emphasis on the depiction, display, or description or the featuring of specified anatomical areas or specified sexual activities in that the depiction, display, description or featuring is incidental to the primary purpose of any performance. For purposes of this subsection, such performances and showings are regularly featured when they comprise at least 80 percent of all annual performances or showings. Adult hotel or motel means a hotel or motel which: (1) Makes available to patrons any material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, and has a sign visible from any public right-of-way advertising that such material is available; or (2) Regularly offers a room or rooms for rent for any period of time that is less than 12 consecutive hours; or (3) Regularly allows a tenant or occupant of a room or rooms to sub-rent the room or rooms for a period of time that is less than 12 consecutive hours. Page 6

58 Adult mini-motion picture theater means an enclosed building with a capacity for fewer than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein. Adult motion picture arcade means any place to which the public is permitted to be invited wherein paper currency, 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 to 5 or fewer persons per machine at any one occasiontime, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas. Adult motion picture theater means an enclosed building with a capacity of 50 or more persons, 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. Adult video store means any facility having a substantial or significant portion of its stock in trade, video tapes or movies or other reproductions, whether for sale or rent, which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or a facility with a segment or section, comprising more than 10 square feet of its total floor space or wall space, or floor and wall space combined, devoted to the sale or display of such material. City Clerk shall mean and include the duly appointed and serving City Clerk of the City of Hapeville, Georgia. City Manager shall mean and include the duly appointed and serving City Manager of the City of Hapeville, Georgia. License shall mean a license issued by the City under this chapter to a licensee that authorizes the licensee to operate, engage in, or carry on the business of an adult entertainment facility as defined in this Article. Police Chief shall mean and include the duly appointed and serving Chief of Police of the City of Hapeville, Georgia. Specified sexual activities shall be defined to mean and include any of the following: (1) Actual or simulated vaginal intercourse, oral vaginal copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of 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: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, zooerasty; Page 7

59 (2) Human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; (3) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; (4) Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or (5) Erotic or lewd touching, fondling or other sexual contact with an animal by a human being. Specified anatomical areas shall include human genitals, pubic area, buttocks, anus, and/or the female breast below a point immediately above the top of the areola whether or not such areas are completely exposed, partially covered, or completely covered. Sec Permitted locations. Adult entertainment facilities shall be allowed only in the followingthose areas: (1) On properties along designated as "Permitted Locations for Adult Entertainment Establishments" as indicated on that certain map prepared by the Hapeville city planner, which map is kept on file with the north right-of-way of Willingham Drive, west of Colville AvenueCity Clerk. Any person, entity, or individual may review said map upon request to the city limits of East Point; City Clerk. (2) On South Central Avenue from its intersection with Colville Avenue to the city limits of East Point; (3) On Sylvan Road from its intersection with the Central of Georgia Railroad tracks to its intersection with Grimes Street; (4) On North Central Avenue from its intersection with Sylvan Road to the city limits of East Point. Sec Other locational and structural requirements. Adult entertainment facilities shall be subject to the provisions of the zoning code, this article and the following standards of use: (1) The minimum lot area for an adult entertainment facility shall be one acre., and the minimum lot frontage on a public street shall be 75 feet. (2) In addition to zoning development standards governing commercial zoning districts, buildings and structures established in connection with an adult entertainment facility shall be separated at least 40 feet from the buildings and structures of any other business establishment. The minimum rear yard shall be 75 feet. Page 8

60 (3) In addition to the development standards of the zoning ordinance, adult entertainment facilities shall not be located in any strip shopping center, mall or other group structures and must be placed in a separate building on its own lot. (4) Parking shall meet the standards of a restaurant under the city zoning ordinance. Sec Licensing. (a) (b) (c) (d) Any person, firm, partnership or corporation which owns or operates an establishment offering adult entertainment shall be required to obtain a license for an adult entertainment facility. No person, firm, partnership or corporation shall be permitted to operate an adult entertainment facility unless and until such a license is obtained. To obtain an adult entertainment facility license, the applicant must: (1) Complete the application. Any untrue or misleading information contained in or material omission left out of an original or renewal application for a license hereunder shall be cause for the denial thereof, and, if any license has been granted under these circumstances, same shall be cause for revocation. (2) Provide documentation to prove that the applicant meets or exceeds the conditions pertaining to the property to be licensed; provide an "as-built" survey prepared and certified by a registered land surveyor or professional engineer depicting the location of the structure which will operate as the adult entertainment facility. Prior to the issuance of such license, the "as-built" survey shall be submitted to the building inspector for a determination as to whether the proposed site meets the standards set forth in the conditions of zoning and this article. (3) Furnish a complete set of fingerprints for all owners of sole proprietorships, all officers and owners of 15 percent or more of the shares of any corporation and all partners of any partnership. (4) Pay the applicable license fee. No person, partnership, business, firm or corporation shall be granted a license if any person, partner, officer or the owner of 15 percent or more of the shares of or any interest in any such business, firm, partnership or corporation has been convicted of or has pled guilty or entered a plea of nolo contendere to any crime involving moral turpitude, lottery, gambling, illegal possession or sale of any narcotics, drugs or chemicals for which the sale thereof is controlled or prohibited by law, the control of the sale or distribution of alcoholic beverages, prostitution, solicitation of prostitution, sodomy, solicitation of sodomy or receiving stolen property, within a period of 15 years immediately prior to the filing of the application. Should any such person, partner, or officer or shareholder of a corporation, after a license has been granted, be convicted of or plead guilty or nolo contendere to any such crime, such license shall be subject to suspension and revocation. Withdrawal of an owner, officer or partner or enumerated shareholder, after pleading guilty or nolo contendere to the above enumerated crimes shall not necessarily mitigate against the penalty imposed hereby. The citycity shall issue no more than one license to an establishment meeting the definition of adult entertainment facility set forth in section per each 10,000 Page 9

61 (e) (f) (g) (h) (i) (j) persons living in the citycity according to the most recent decennial census of the United States as published by the United States Bureau of the Census. It is the belief of the mayormayor and councilcouncil that sale of items described in section is illegal under Georgia law and therefore not licensable under citycity ordinance. However, if any court declares to the contrary, the citycity shall issue no more than one license to an establishment meeting the definition of section per each 10,000 persons living in the citycity according to the most recent decennial census of the United States as published by the United States Bureau of the Census. The license shall be renewed each year. A change of ownership shall require a new license and new license fee. The fee for the adult entertainment facility license shall be $3, per year. Any person, firm, business, partnership or corporation which holds an adult entertainment facility license must also comply with all applicable local, state and federal laws or regulations otherwise pertaining to these establishments. All applications for new licenses shall be passeddecided upon by the director of community servicespolice Chief, or the City Manager if the Police Chief is unavailable or incapacitated, within 60 calendar days of the date of filing of the completed application. The date of filing shall be the date by which a properly completed and executed application form and the license fee are received by the director of community services.police Chief. Upon the expiration of thethis 60- calendar day period without a decision being made on the application by the director of community servicespolice Chief, the applicant shall be permitted to begin and conduct business as an adult entertainment facility under this statutory provision unless and until such time as the director of community servicespolice Chief notifies the applicant of a denial of the application and states the reasons for the denial. No person or entity conducting business as an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the director of community servicespolice Chief later denies the application, the business must be brought into compliance with this article. In the event that the director of community servicespolice Chief, or the City Manager if the Police Chief is unavailable or incapacitated, denies an application for a license: (1) The denial and specific reasons for the denial shall be transmitted to the applicant in writing. The applicant shall have the right to appeal the denial to the chief administrator.mayor and Council. Such appeal shall be filed in writing no later than ten10 calendar days from the date of the director of community service'spolice Chief s denial. The applicant's failure to appeal the director of community service'spolice Chief's denial within ten10 calendar days shall constitute a waiver of any appeal rights hereunder. If a timely appeal is filed, a hearing shall be held not more than 30 calendar days from the date of the chief administrator's receipt of the written notice of appeal. by Mayor and Council. Upon the expiration of thethis 30- calendar day period without a hearing, the applicant shall be permitted to begin and conduct business as an adult entertainment facility under this statutory provision unless and until such time as Page 10

62 the chief administrator sustainsmayor and Council sustain the decision of the director of community services.police Chief. No person or entity conducting business as an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the chief administratormayor and Council later sustainssustain or modifiesmodify the director of community services'police Chief's denial of the application, the business must be brought into compliance with this article. (2) The chief administratormayor and Council may sustain, overrule, or modify the decision of the director of community servicespolice Chief. The decision of the chief administratormayor and Council following the hearing on the matter shall be issued within 15 calendar days of the date of the hearing and shall be final. Upon the expiration of thethis 15- calendar day period without a decision of the chief administratormayor and Council, the applicant shall be permitted to begin and conduct business as an adult entertainment facility under this statutory provision unless and until such time as the chief administrator sustainsmayor and Council sustain the decision of the director of community services.police Chief. No person or entity conducting business as an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the chief administratormayor and Council later sustainssustain or modifies the director of community services'modify the Police Chief's denial of the application, the business must be brought into compliance with this article. (3) An appeal of the decision of the Mayor and Council shall be taken by writ of certiorari to the Superior Court of Fulton County. Sec Regulation of conduct on premises. (a) Any person, firm, business, partnership or corporation licensed hereunder or patronizing such business shall comply with the following rules and regulations pertaining to the operation of the adult entertainment facility: (1) No licensee shall offer adult entertainment between the hours of 2:00 a.m. and 12:00 noon. (2) No person under the age of 18 years shall be permitted on the premises. (3) No patron shall touch, fondle or caress any performers, nor shall any performer touch, fondle or caress a patron. (4) No tips for performers shall be placed by a patron on the person of the performer. (5) All live performers of adult entertainment shall be restricted to fixed stages, and no patron shall be permitted on such stages for any purpose. Fixed stage shall be defined as a raised floor area or stage at least four feet high and designed exclusively for, and used only by, performers. Tables used for seating and service to customers do not meet these standards and shall not be used for performing purposes. (6) The license shall be displayed in a prominent place on the premises at all times. Page 11

63 (b) (c) (7) No licensee shall permit any alcoholic beverages to be served, offered or consumed on the licensed premises or in any parking area dedicated to use of the premises. (8) In all areas where adult entertainment as described in section occurs, lighting equivalent to 3½ footcandles per square foot shall be maintained. (9) No patron shall be allowed in any dressing area, nor shall any entertainer and patron jointly occupy any private room. Violations of these rules and regulations will result in either citation or the suspension or revocation of the license or both. Criminal penalties for violation are as set forth in section of this Code. Should the director of community servicespolice Chief, or the City Manager in the event the Police Chief is unavailable or incapacitated, determine that grounds for suspension or revocation exist under subsection (a) above: (1) The director of community servicespolice Chief shall send notice by first-class mail to the license holder of the license suspension or revocation with a statement of the grounds supporting such action. Any revocation or suspension shall be effective on the third business day after the date of the notice. (2) Any license holder may request within ten10 calendar days of the date of notice of revocation or suspension from the director of community servicespolice Chief a hearing before the chief administratormayor and Council for the purpose of presenting evidence and asking for reconsideration of such action. Failure to request such reconsideration in writing within ten10 calendar days of the date of the notice shall result in a waiver of any appeal rights hereunder. If a hearing for reconsideration before the chief administratormayor and Council is requested, a hearing shall be held not more than 30 calendar days from the date that the written notice requesting such hearing is received by the chief administrator.mayor and Council. Upon the expiration of thethis 30- calendar day period without a hearing, the license holder shall be permitted to resume business as an adult entertainment facility under this statutory provision unless and until such time as the chief administrator sustainsmayor and Council sustain the decision of the directorpolice Chief. No person or entity conducting business as an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of community servicessuch business, and if the Mayor and Council later sustain or modify the Police Chief's suspension or revocation of the license, the business must be brought into compliance with this article. (3) The Mayor and Council may sustain, overrule, or modify the decision of the Police Chief. The decision of the Mayor and Council following the hearing on the matter shall be issued within 15 calendar days of the date of the hearing and shall be final. Upon the expiration of this 15 calendar day period without a decision of the Mayor and Council, the license holder shall be permitted to resume business as an adult entertainment facility under this provision unless and until such time as the Mayor and Council sustain the decision of the Police Chief. No person or entity conducting business as an adult entertainment facility under this provision Page 12

64 shall acquire any vested rights to continued conduct of such business, and if the chief administratormayor and Council later sustainssustain or modifiesmodify the director of community services'police Chief's suspension or revocation of the license, the business must be brought into compliance with this article. (3) The chief administrator may sustain, overrule, or modify the decision of the director of community services. The decision of the chief administrator following the hearing on the matter shall be issued within 15 days of the date of the hearing and shall be final. Upon the expiration of the 15-day period without a decision of the chief administrator, the license holder shall be permitted to resume business as an adult entertainment facility under this statutory provision unless and until such time as the chief administrator sustains the decision of the director of community services. No person or entity conducting business as an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the chief administrator later sustains or modifies the director of community services' suspension or revocation of the license, the business must be brought into compliance with this article. (4) An appeal of the decision of the Mayor and Council shall be taken by writ of certiorari to the Superior Court of Fulton County. Sec Employee investigations; fees. (a) (b) No person may be employed or allowed to work as an independent contractor delivering adult entertainment by an establishment holding a license hereunder until such person has been fingerprinted by the police department and has been issued a letter of clearance by the police department indicating the person has not, within the preceding five years been convicted of or pled nolo contendere to any law catalogued by section (c) of this article. A letter of compliance shall be issued by the police department indicating the person is eligible for such employment. This letter must be kept on file at the licensed establishment where such person may be performing. This section shall apply to performers, entertainers and musicians engaged in temporary work or independent contracting, as well as regular employees. The police department shall conduct or procure a criminal background search of the person fingerprinted to discover any police record of the person fingerprinted. (1) In the event that the search reveals a violation of law as catalogued in subsection (c) of this article, the police department shall issue a letter to the person fingerprinted stating that the person is ineligible for employment. This determination must be made within seven7 calendar days from the date that a complete application is received by the police department from the person fingerprinted. Upon the expiration of the seven-this 7 calendar day period without a determination being made on the application by the police department, the person fingerprinted shall be permitted to be employed or work as an independent contractor at an adult entertainment facility under this statutory provision unless and until such time as the police department notifies the person fingerprinted of a determination of ineligibility. No person employed or working as an independent contractor at an adult entertainment facility under this provision shall acquire any Page 13

65 vested rights to continued conduct of such business, and if the police department later determines that the person fingerprinted is ineligible, the person fingerprinted must comply with this article. (2) In the event that the police department issues a letter to the person fingerprinted indicating that the person fingerprinted is ineligible for employment, this determination may be appealed to the director of community services.city Manager. Such appeal shall be filed in writing no later than ten10 calendar days from the date of the letter of ineligibility from the police department. Failure to appeal the police department's decision within ten10 calendar days of the letter shall constitute a waiver of any appeal rights hereunder. If an appeal is filed, a hearing shall be held not more than 30 calendar days from the date of the written notice of appeal. Upon the expiration of thethis 30- calendar day period without a hearing, the person fingerprinted shall be permitted to be employed or work as an independent contractor at an adult entertainment facility under this statutory provision unless and until such time as the director of community servicescity Manager sustains the police department's decision. No person employed or working as an independent contractor at an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the director of community servicescity Manager later sustains or modifies the police department's determination of ineligibility, the person fingerprinted must comply with this article. (3) The director of community servicescity Manager may sustain, overrule, or modify the decision of the police department. The decision of the director of community servicescity Manager following the hearing on the matter shall be issued within 15 calendar days of the date of the hearing and shall be final. Upon the expiration of thethis 15- calendar day period without a decision of the director of community servicescity Manager, the person fingerprinted shall be permitted to be employed or work as an independent contractor at an adult entertainment facility under this statutory provision unless and until such time as the director of community servicescity Manager sustains the police department's decision. No person employed or working as an independent contractor at an adult entertainment facility under this provision shall acquire any vested rights to continued conduct of such business, and if the director of community servicescity Manager later sustains or modifies the police department's determination of ineligibility, the person fingerprinted must comply with this article. Sec Exemptions. Nothing in this section shall be construed as applying to State of Georgia licensed barbers, cosmetologists, manicurists, pedicurists, physical therapists, physical therapists assistants, midwives, practical nurses, agents, servants or employees in licensed hospitals or nursing homes or other licensed medical institutions, licensed physicians, osteopaths, chiropractors, podiatrists, naturopathic physicians or other licensed medical practitioners, licensed psychologists or their agents, servants or employees acting in the course of such agency, service or employment. Page 14

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73 Memorandum Finance Department To: CC: From: City and City Council Jennifer Elkins. William Whitson James C. Schuster, Finance Director Date: 10/29/2015 Re: Auditor s Letter of Engagement and Annual Financial Report Background Attached is the auditor s engagement letter extending their engagement for Fiscal Year It is essentially the same letter as last year except that the fee of $50,000 is a reduction of $5,000. The reduction is largely due to the improved organization, timeliness and accuracy of the accounting records and financial statements. The Finance Department closes the books and provides the auditor with an Adjusted Trial Balance from which to conduct the audit of the transactions and accounts. The ATB is the groundwork for the subsequent financial statements. To supplement our capabilities, we have previously retained Paul Glick to assist in preparing three sections of the Annual Report. Recommendation I recommend the acceptance of the engagement letter and will do so for a couple more years. We still have much to do in polishing the accounting system and procedures, and the staff still needs some seasoning. The historical knowledge of the audit provides invaluable information in unraveling historical data. I further recommend that we again retain Mr. Glick to assist in report preparation. Such support is necessary to facilitate the preparation of the CAFR for GFOA certification. Action Requested The City Council should accept the proposed engagement letters, authorizing the Mayor to execute accordingly. Funds are budgeted. 1

74 STATE OF GEORGIA CITY OF HAPEVILLE ORDINANCE NO. AN ORDINANCE BY THE MAYOR AND COUNCIL OF THE CITY OF HAPEVILLE, GEORGIA EXTENDING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR PERMITS, LICENSES OR INSPECTIONS RELATED TO THE DEVELOPMENT OF EXTENDED STAY HOTELS AND MOTELS; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN ADOPTION DATE AND EFFECTIVE DATE; TO PROVIDE A PENALTY; AND FOR OTHER PURPOSES. WHEREAS, the City of Hapeville has been vested with substantial powers, rights and functions to generally regulate the practice, conduct or use of property for the purposes of maintaining health, morals, safety, security, peace, and the general welfare of the City of Hapeville; and WHEREAS, Georgia law recognizes that local governments may impose moratoria on zoning decisions, building permits, and other development approvals where exigent circumstances warrant the same, pursuant to case law found at City of Roswell et al v. Outdoor Systems, Inc., 274 Ga. 130, 549 S.E.2d 90 (2001); Lawson v. Macon, 214 Ga. 278, 104 S.E.2d 425 (1958); Taylor v. Shetzen, 212 Ga. 101, 90 S.E.2d 572 (1955); and WHEREAS, the Courts take judicial notice of a local government's inherent ability to impose moratoria on an emergency basis; and /1

75 WHEREAS, the Georgia Supreme Court, in the case of DeKalb County v. Townsend, 243 Ga. 80 (1979), held that, "To justify a moratorium, it must appear first, that the interests of the public generally, as distinguished from those of a particular class, require such interference; and second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals." The City of Hapeville has found that the interests of the public necessitate the enactment of a moratorium for health, safety, morals and general welfare purposes by means which are reasonable and not unduly oppressive; and WHEREAS, the Mayor and Council of the City of Hapeville have, as a part of planning, zoning and growth management, been in review of the City's Zoning Ordinances and have been studying the City's best estimates and projections of the type of development which could be anticipated within the City of Hapeville; and WHEREAS, the Mayor and Council deem it important to develop a comprehensive plan which integrates all of these concerns and therefore consider this moratorium a proper exercise of its police powers; and WHEREAS, the Mayor and Council therefore consider it paramount that land use regulation continue in the most orderly and predictable fashion with the least amount of disturbance to landowners and to the citizens of the City of Hapeville. The Mayor and Council have always had a strong interest in growth management so as to promote the traditional police power goals of health, safety, morals, aesthetics and the general welfare of the community; in particular, the lessening of congestion on City streets, security of the public from crime and other dangers, promotion of health and general welfare of its citizens, protection of the aesthetic /1

76 qualities of the City including access to air and light, and facilitation of the adequate provision of transportation and other public requirements; and WHEREAS, it is the belief of the Mayor and Council of the City of Hapeville that the concept of "public welfare" is broad and inclusive; that the values it represents are spiritual as well as physical, aesthetic as well as monetary; and that it is within the power of the City "to determine that a community should be beautiful as well as healthy, spacious as well as clean, well balanced as well as carefully patrolled," Berman v. Parker, 348 U.S. 26, 75 S.Ct. 98 (1954); Kelo v. City of New London, 545 U.S. 469, 125 S. Ct. 2655, 162 L. Ed. 2d 439 (2005). It is also the opinion of the City that "general welfare" includes the valid public objectives of aesthetics, conservation of the value of existing lands and buildings within the City, making the most appropriate use of resources, preserving neighborhood characteristics, enhancing and protecting the economic well-being of the community, facilitating adequate provision of public services, and the preservation of the resources of the City; and WHEREAS, the Mayor and Council are, and have been interested in, developing a cohesive and coherent policy regarding certain uses in the City, and have intended to promote community development through stability, predictability and balanced growth which will further the prosperity of the City as a whole. NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Hapeville and by the authority of the same: /1

77 SECTION I. FINDINGS OF FACT The Mayor and Council of the City of Hapeville hereby make the following findings of 70 fact: (a) It appears that the City s development ordinances, Zoning Ordinance and/or Comprehensive Land Use Plan require an additional review by the City of Hapeville as they relate to the development of extended stay hotels; (b) Substantial disorder, detriment and irreparable harm would result to the citizens, businesses and City of Hapeville if the current land use regulation scheme in and for the above described use in the City were to be utilized by property owners prior to a more thorough review; (c) The City's ongoing revision of its code, comprehensive plan and zoning ordinances requires that a limited cessation of development and building permits, occupation tax permits, and other licenses and permits, with respect to the above described use, be enacted; (d) It is necessary and in the public interest to delay, for a reasonable period of time, the processing of any applications for such developments, to ensure that the design, development and location of the same are consistent with the long-term planning objectives of the City; and (e) That the Georgia Supreme Court has ruled that limited moratoria are reasonable and do not constitute land use when such moratoria are applied throughout the /1

78 City under City of Roswell et al v. Outdoor Systems Inc., 274 Ga. 130, 549 S.E.2d 90 (2001). SECTION II. EXTENSION OF MORATORIUM (a) There is hereby extended a moratorium on the acceptance by the staff of the City of Hapeville of rezoning or the acceptance of applications for variances, permits or inspections for the development of any extended stay hotels, or for any other license or permit, for the purpose of authorizing such or similar uses as described in the Zoning Ordinance of the City of Hapeville. (b) Extended stay hotel shall include any building or structure kept, used, maintained, advertised and held out to the public to be a place where sleeping accommodations are offered for a fee to travelers and guests, located within the City of Hapeville that shall place or allow cooking facilities in any of the guest rooms located therein. As used herein, "Cooking Facilities" shall mean any combination of (1) a cooking device and (2) a refrigerator and a sink, not pertinent to the bathroom. "Cooking Devices" shall mean heating appliances such as a stove top burner, a hotplate that does not serve as an integral part of an appliance designed solely to produce coffee; a conventional oven; a convection oven; a grill; a hibachi grill; or a microwave. (c) The duration of this extended moratorium shall be until the City adopts a revision of the City Code of the City of Hapeville related to the above referenced use, or until March 1, 2016, whichever first occurs. (d) This moratorium shall be effective as of November 3, /1

79 (e) This moratorium shall have no effect upon approvals or permits previously issued or as to development plans previously approved by the City. The provisions of this Ordinance shall not affect the issuance of permits or site plan reviews that have received preliminary or final approval by the City on or before the effective date of this Ordinance. (f) As of the effective date of this Ordinance, no applications for rezoning, development, variances or permits for the above described use will be accepted by any agent, employee or officer of the City with respect to any property in the City of Hapeville, and any permit so accepted for filing will be deemed in error, null and void and of no effect whatsoever and shall constitute no assurance whatsoever of any right to engage in any act, and any action in reliance on any such permit shall be unreasonable. (g) The following procedures shall be put in place immediately. Under Cannon v. Clayton County, 255 Ga. 63, 335 S.E.2d 294 (1985); Meeks v. City of Buford, 275 Ga. 585, 571 S.E.2d 369 (2002); City of Duluth v. Riverbroke Props., 233 Ga. App. 46, 502 S.E.2d 806 (1998), the Supreme Court stated, "Where a landowner makes a substantial change in position by expenditures and reliance on the probability of the issuance of a building permit, based upon an existing zoning ordinance and the assurances of zoning officials, he acquires vested rights and is entitled to have the permit issued despite a change in the zoning ordinance which would otherwise preclude the issuance of a permit." Pursuant to this case, the City of Hapeville recognizes that, unknown to the City, de facto vesting may have occurred. The following procedures are established to provide exemptions from the moratorium where vesting has occurred: /1

80 A written application, including verified supporting data, documents and facts, may be made requesting a review by the Mayor and Council at a scheduled meeting of any facts or circumstances which the applicant feels substantiates a claim for vesting and the grant of an exemption. SECTION III. 136 (a) It is hereby declared to be the intention of the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases of this Ordinance are and were, upon their enactment, believed by the Mayor and Council to be fully valid, enforceable and constitutional. 139 (b) It is hereby declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this Chapter is severable from every other section, paragraph, sentence, clause or phrase of this Ordinance. It is hereby further declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Ordinance. 146 (c) In the event that any phrase, clause, sentence, paragraph or section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordinance and that, to the greatest extent allowed by law, all remaining phrases, /1

81 clauses, sentences, paragraphs and sections of the Ordinance shall remain valid, constitutional, enforceable, and of full force and effect. SECTION IV. All Ordinances or parts of Ordinances in conflict with this Ordinance are, to the extent of such conflict, hereby repealed. SECTION V. The preamble of this Ordinance shall be considered to be, and is hereby incorporated by reference as if, fully set out herein [SIGNATURES CONTAINED ON FOLLOWING PAGE] /1

82 166 ORDAINED this day of, ATTEST: Jennifer Elkins, City Clerk APPROVED AS TO FORM: Steve Fincher, City Attorney CITY OF HAPEVILLE, GEORGIA Alan H. Hallman, Mayor /1

83 MEMORANDUM To: From: Mayor and Council William R. Whitson, City Manager Subject: Proposed Legislative Program- Hapeville, GA Date: October 16, 2015 As you know, each year the State Legislature meets to decide various policy issues for the State. As part of that process, the Georgia Municipal Association (GMA) develops a legislative policy document to outline the legislative priorities for local governments across Georgia. This document (see attached) is a direct result of local official s policy work and discussion from large and small communities around the State. Specifically, there is one (1) provision on page 1-2 Regulatory Authority over Residential Housing and Commercial Property that staff would focus the Council s attention. We believe that passage of a bill that would allow local governments to have the authority to establish a rental property inspection program would be extremely helpful for Hapeville. Our Program, specifically, would assess all rental properties within the City an annual fee- say $ ($12.50) per month. The fees would then be used to pay for a follow-up inspection program based on the standards set by the International Property Maintenance Code. We have already adopted this Code as our standard for the City. The inspections program would be designed to bring properties into compliance with this Code. This would increase the safety, quality and overall value of our housing stock in the City over time. This would be just one more step in the right direction to improve the health and welfare of the community as well as the conditions found in our aging housing stock. In closing, I would recommend that the Council adopt the following Resolution and authorize staff to work with the Legislative delegation to bring about this legislative tool for our community and many others across Georgia that could benefit from this approach.