§ 11-113. Regulations.

(a)

Any person, firm, business, partnership or corporation licensed hereunder 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 p.m.; provided, that any licensee who also holds a valid alcoholic beverage license for consumption on the premises shall also be governed by the hours of operation set forth in subsection 3-14(b) of the City of Port Wentworth Code of Ordinances.

(2)

No person under the age of eighteen (18) shall be permitted on the premises; provided, that any licensee who also holds a valid alcoholic beverage license for consumption on the premises shall also be governed by the age limitations set forth in section 3-18 of the City of Port Wentworth Code of Ordinances.

(3)

All live performers of adult entertainment shall be restricted to fixed stages and no patron shall be permitted on such stages for any purposes. Fixed stage shall be defined as a raised floor area or stage at least four (4) 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.

(4)

The license shall be displayed in a prominent place on the premises at all times.

(5)

No licensee shall permit any alcoholic beverages to be served, offered or consumed on the licensed premises unless the licensee has obtained an alcoholic beverage license for consumption on the premises.

(b)

Violation of these rules and regulations will result in the suspension or revocation of the license.

(1)

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 that the person has not, within the preceding five (5) years, been convicted of or pled nolo contendere to the following laws:

a.

O.C.G.A. Title 16, Chapter 6: Sex Crimes;

b.

O.C.G.A. Title 16, Chapter 12, Article 3: Distribution of Obscene Material;

c.

O.C.G.A. Title 16, Chapter 13: Violation of Georgia Controlled Substances Act;

d.

Any violent felonies.

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.

(2)

The police department shall have a search made relative to any police record of the person fingerprinted. In the event there is a violation of laws as catalogued in subsection (b)(1)a. through e. above, the police department shall issue a letter to the person fingerprinted stating that the person is ineligible for employment. This determination may be appealed to the city administrator.

(3)

Any letter of eligibility for employment issued hereunder shall expire twelve (12) months from the date of issue. The mayor and council may prescribe reasonable fees for certifying the eligibility of employment.

(c)

The license shall be renewed each year. A change of ownership shall require a new license.

(d)

The fee for the adult entertainment facility license shall be established by the mayor and council of the City of Port Wentworth.

(e)

Any person, firm, partnership or corporation who holds an adult entertainment facility license must also comply with all applicable local, state and federal laws or regulations otherwise pertaining to these establishments.

(Ord. No. 95-02, 2-23-95)