131.01  Definitions	131.06  Regulations
131.02  License Required	131.07  Fees and Duration of License
131.03  Application for License	131.08  Public Indecent Exposure in Certain
131.04  Inspection and Investigation	Establishments
131.05  Issuance of the License

131.01    DEFINITIONS.  The following terms are defined for use in this chapter:

1.                  “Open to the public” means a place in which a public amusement is conducted for, engaged in, or performed by the general public and to which the general public is admitted or is in attendance.  It does not mean or include places that the general public is not free to enter and to which admission is restricted to members of a nonprofit charitable corporation or association, fraternal organization, religious or educational group, but does not include places where admission is limited by reason of age or sex.
2.                  “Public amusements” means and includes recreation events and facilities including, but not limited to, any public dance hall, art gallery, skating rink, swimming pool, health spa, gym, athletic club, massage parlor, fortune teller’s place of business, tattoo parlor, billiard hall, pool hall, bowling alley, shooting gallery, carnival, circus, recreational equipment or facilities of any kind or nature, including for example, amusement rides of the type commonly known at carnivals, and also any theatre, concert or performance of any kind or nature whether inside or outside, that are open to the public.

3.                  “Public dance hall” means any place of public amusement in which dancing is engaged in or performed, whether or not food is served and the operator holds a State license as a food service establishment.

4.                  “Theater” means any place of public amusement in which plays, motion pictures, or other exhibitions are presented whether live or through some form of media and including both presentations for groups or individuals.

131.02    LICENSE REQUIRED.  No person shall conduct any public amusement regulated by this chapter without a license from the City.  Upon application, the Council may waive the license fee where the applicant is a church or bona fide charitable organization upon such conditions as the Council may establish.

131.03    APPLICATION FOR LICENSE.  Application for any license under this chapter shall be made in writing on forms furnished by the Clerk.  The application shall be filed with the Clerk and shall include:

1.                  The applicant’s full name and address, the type of public amusement, and the address of the place in which it is to be conducted.

2.                  If the applicant is not the owner of the place in which the amusement is to be conducted, the name and address of the owner.

3.                  If the applicant or owner is a corporation or other association, the names of its principal officers, and its local agent, if any.

The receipt of the Clerk showing payment of all fees required shall be attached.

131.04    INSPECTION AND INVESTIGATION.  Upon receipt of an application for a license for a public amusement, the Clerk shall forward it to the Police Chief.  The Police Chief shall conduct an investigation and submit a written report concerning the truth of the facts stated in the application and a recommendation whether or not a license should be issued.  Upon receipt of the Police Chief’s report, the Clerk shall notify the Building Inspector and Fire Chief; and they shall inspect the premises to determine whether the premises meets the standards of the applicable municipal ordinances and State statutes.  These officials shall submit written reports of the results of their investigations.  No license shall be issued until these reports have been submitted to the Clerk.  These reports shall be submitted within ten (10) days after the Clerk receives the application.

131.05    ISSUANCE OF THE LICENSE.  If the Clerk finds that all of the prescribed conditions for the issuance of a license have been satisfied, the Clerk shall issue a license to the applicant, otherwise the Clerk shall forward the application for license and all pertinent reports to the City Manager together with a statement by the Clerk as to the reasons why the license has not been issued.  The City Manager may issue the license if the prescribed conditions are satisfied.  If the license is not issued, the applicant may appeal to the Council.  The Council shall make a final determination on issuance of the license, after providing the applicant with reasonable notice and an opportunity to be present in person or by a representative at a public hearing as to whether or not the license should be issued.

131.06    REGULATIONS.  Every person who is granted a license under this chapter shall comply with the applicable following regulations.

1.                  Dance Halls.  No place in which alcohol is sold shall hold a license for a public dance hall unless such place has complied with all the requirements of the laws of the State of Iowa concerning dancing in connection with the operation of such business.

2.                  Shooting Galleries.  A shooting gallery shall display a written certificate from the Police Chief that it is equipped with a safe and adequate backstop and shooting equipment.

3.                  Billiard or Pool Halls.  No minor shall be allowed to be in any billiard or pool hall in which alcohol is sold.  No minor under the age of 16 shall be allowed in any billiard or pool hall.

4.                  Public Dances.  For all public dances, police supervision at the rate of one officer for each 500 persons or fraction thereof in attendance shall be provided by the sponsor.  The applicant shall notify the Police Chief at least ten (10) days prior to the date on which the dance will be held that police supervision will be required, and the number of persons expected to attend.  Payment for the services of such special police supervision will be made to the Clerk.

131.07    FEES AND DURATION OF LICENSE.  An applicant may apply for an annual or a daily license.  The annual license shall be valid for one year after the date on which it is issued.  The daily license shall be valid only for one 24-hour period, but the applicant may apply for and receive 5 daily licenses at one time.  However, no daily license shall be issued more than 10 days before the date for which the license is valid.  The fees for licenses are as follows:

 

Amusement	License Fee
Public dance halls for dancing by the public or areas within other places of amusement providing for dancing by the public	Annual License..... $  50.00 Daily License ....... $  15.00
Public dance halls where dancing is performed by paid performers	No Annual License Daily License ....... $  15.00
Skating rinks	Annual License..... $  50.00 Daily License ......... $   5.00
Fortune tellers and palmists	Annual License..... $ 100.00 Daily License........ $  10.00
Billiard or pool halls	Annual License..... $  12.00 per table
Bowling alleys	Annual License..... $  15.00 per lane
Amusement	License Fee
Circuses, rodeos and carnivals	Daily License........ $  25.00
Theatres	Annual License..... $ 100.00 per screen Daily License........ $  15.00 per screen
Fireworks displays	Daily License........ $  15.00
Bingo halls	Annual License..... $ 100.00 Daily License........ $  15.00
All others	Annual License..... $  50.00 Daily License........ $  15.00

131.08    PUBLIC INDECENT EXPOSURE IN CERTAIN ESTABLISHMENTS.  The holder of a license under this chapter or any owner, manager or person with a business in any commercially zoned district who exercises direct control over the premises shall be guilty of a violation of this Code of Ordinances under any of the following circumstances:

1.                  If such person allows or permits the actual or simulated public performance of any sex act upon or in such licensed premises.

2.                  If such person allows or permits the exposure of the genitals, buttocks or breast of any person who acts as a waitress or the exposure of the genitals or buttocks of any person who acts as a waiter.

3.                  If such person allows or permits the exposure of the genitals or the female breast nipple of any person who acts as an entertainer, whether or not the owner of the licensed premises in which the activity is performed employs or pays any compensation to such person to perform such activity.

4.                  If such person allows or permits any person to remain in or upon the licensed premises who exposes to public view the person’s genitals, pubic hair, or anus.

5.                  If such person advertises that any activity prohibited by this section is allowed or permitted in such licensed premises.

The provisions of this section do not apply to a theater, concert hall, art center, museum, or similar establishment which is primarily devoted to the arts or theatrical performances and in which any of the circumstances contained in this section were permitted or allowed as part of such art exhibits or performances.