ORDINANCE NO. AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF HAPEVILLE, GEORGIA, CHAPTER 11, BUSINESS LICENSING AND

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1 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 PERIOD FOR REVIEW; 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 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 1

2 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. 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. The governing body of the City of Hapeville, Georgia 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 city council for the City of Hapeville, Georgia (hereinafter the "governing body"): (a) (b) Findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986) and Youn g v. American Mini Theatres, 427 U.S. 50 (1976), and in article s 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 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 2

3 secondary effects of adult entertainment establishments in Fulton County, Georgia incorporated into the record of the proceedings before the governing body of the City of Hapeville, Georgia; and (c) Three (3) 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 of Hapeville, Georgia; and Based upon all of this evidence, the governing body of the City of Hapeville, Georgia finds: (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 governing body finds 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. 3

4 (4) Persons frequent certain adult theatres, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex ual 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 o wners 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 p aragraphs number (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. 4

5 (14) The general welfare, health, morals and safety of the citizens of the City of Hapeville, Georgia 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 Ci ty of Hapeville, Georgia; and based on the findings of multiple courts around the country; and based on the documentary evidence submitted to the governing body, the governing body for the City of Hapeville, Georgia takes 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. It is the finding of the governing body 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 governing body finds it is reasonable to believe that some or all of these undesirable community conditions will result in the City of Hapeville, Georgia, as well unless these regulations are adopted. Furthermore, it is the finding of the governing body that nude or seminude 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 governing body further finds that each separate adverse secondary effect of adult entertainment businesses and sexually oriented businesses constitutes a substantial government interest, that each substantial government 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 of Hapeville, Georgia and those that may open in the future, and the viability of each separate substantial government interest of the City of Hapeville, Georgia addressed herein does not depend upon any comparative 5

6 analysis between adult entertainment businesses and non-adult entertainment businesses. The governing body therefore finds that it is in the best interests of the health, welfare, safety and morals of the City of Hapeville, Georgia, the community and the preservation of its businesses, neighborhoods, and of 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 governing body of the City of Hapeville, Georgia finds that licensing and regulations are necessary for any adult entertainment establishment, and finds 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 governing body further finds 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 governing body also finds and concludes 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 of Hapeville, Georgia 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. 6

7 Adult bookstore means any commercial establishment in which either: (1) more than fifty (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) twenty-five (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 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 fifty (50) square feet of its total floor space, devoted to the sale or display of such material, or 7

8 which utilizes twenty-five (25) percent or more of its display area for the display or offer for sale or rental such media or materials, or which derives more than five (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 fifty (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, which means a theater, movie theater, concert hall, museum, educational institution, bar, restaurant, dinner theater, karaoke bars or restaurants, 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 eighty (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 twelve (12) consecutive hours; or (3) Regularly allows a tenant or occupant of a room or rooms to subrent the room or rooms for a period of time that is less than twelve (12) consecutive hours. 8

9 Adult mini-motion picture theater means an enclosed building with a capacity for fewer than fifty (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 five (5) or fewer persons per machine at any one (1) 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 fifty (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 ten (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. 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 for the City of Hapeville, Georgia, or his designee, i.e., that person designated by the chief of police to act on his behalf and under his supervision in connection with this chapter. 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, 9

10 cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, zooerasty; (2) Use of 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" on certain maps, consisting of four pages, kept on file in the office of the City Clerk. Any person, entity, or individual may review said maps 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 is hereby amended by deleting paragraph (d) of Section in its entirety and inserting the following text in its place: 10

11 "(d) The city shall issue no more than one license to an establishment meeting the definition o f 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 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 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 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. Upon the expiration of this 60 calendar 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 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 is hereby amended by deleting paragraph (j) of Section in its entirety and inserting the following text in its place: (j) In the event that the police chief 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 10 calendar days from the 11

12 date of the director of community service's denial. The applicant's failure to appeal the director of community service'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 the chief administrator's receipt of the written notice of appeal. 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 statutory provision unless and until such time as the chief administrator sustains 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 chief administrator later sustains or modifies the police chief' 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 police chief. The decision of the chief administrator 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 chief administrator, 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 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 administrator later sustains or modifies the police chief' denial of the application, the business must be brought into compliance with this article. Section Nine. The Code of Ordinances 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 is here by amended by deleting (c) of Section in its entirety and inserting the following text in its place: (c) Should the police chief determine that grounds for suspension or revocation exist under subsection (a) above: 12

13 (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 chief administrator 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 chief administrator 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. 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 statutory provision unless and until such time as the chief administrator sustains 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 chief administrator later sustains or modifies the police chief' 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 police chief. The decision of the chief administrator 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 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 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 administrator later sustains or modifies the police chief' suspension or revocation of the license, the business must be brought into compliance with this article. Section Eleven. The Code of Ordinances is hereby amended by deleting paragraph (b) of Section in its entirety and inserting the following text in its place: 13

14 (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 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 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 police chief. 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 statutory provision unless and until such time as the police chief 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 police chief later sustains or modifies the police department's determination of ineligibility, the person fingerprinted must comply with this article. (3) The police chief may sustain, overrule, or modify the decision of the police department. The decision of the police chief following the hearing on the matter shall be issued within 15 calendar days of the date of the hearing and shall be final. Upon 14

15 the expiration of this 15 calendar day period without a decision of the police chief, 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 chief 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 police chief 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. 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 15

16 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. 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: 16

17 Steve Fincher, City Attorney 17