8644-95 Amending Chapter 4 Licensing Section 4-18.5 Licensing of Adult Businesses

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(20) (21) Secondhand dealers . (21) (22) Solicitations, charitable. (22) (23) Taxicabs . (23) (24) Transient merchants . (2d) (25) Vehicle removal service. SECTION IV. Chapter 4 of the South Bend Municipal Code shall be and hereby is amended to add an additional Section concerning the licensing of Adult Businesses, which licensing provisions shall be found at Chapter 4, Article 4, Section 4-18 .5 and which shall read as follows : Sec. 4-18.5. Adult businesses. (a) Definitions. For purposes of this section, the following terms and phrases shall have the indicated meanings : (1) Adult business shall have the meaning set forth at Section 21-1 (a) . (2) Adult mini motion picture theater shall have the meaning set forth at Section 21-1 (a) . (3) Adult motion picture theater shall have the meaning set forth at Section 21-1 (a) . (4) Controller shall mean the City Controller and such employee (s) of the City as he may designate to perform the duties of the Controller under this ordinance. (5) Licensee means a person in whose name a license to operate an adult business has been issued, as well as the individual listed as an applicant on the application for a license. (6) Person means an individual, proprietorship, partnership, corporation, association, or other legal entity. (7) Specified anatomical areas shall have the meaning set forth at Section 21-1 (a) . (8) Specified sexual activities shall have the meaning set forth at Section 21-1 (a) . (9) Transfer of ownership or control of an adult business means and includes the sale, lease, or sublease of the business; (10) Viewing booth shall mean an enclosure of less than one hundred (100) square feet of floor space, offering a multiple selection of videos, films or other video reproductions which depict specified sexual activities or specified anatomical areas, but not including an adult motion