§ 15-405. Adult entertainment establishment employees.

(a)

Employees of adult entertainment establishments shall be not less than eighteen (18) years of age.

(b)

No person shall be employed in any capacity whatsoever, including, but not limited to, performers, entertainers, waiters, bouncers, bartenders, discjockeys, and musicians, who has been convicted in this or any other county or state or in any federal court within five (5) years immediately prior to the application for employment of soliciting for prostitution, pandering, letting premises for prostitution, keeping a disorderly place, illegally dealing in narcotics, sex offenses, or any charge relating to the manufacture or sale of intoxicating liquors, or any other felony or misdemeanor involving moral turpitude, or for whom any outstanding warrant exists on which service has not been perfected. "Be employed" shall include all work done or services performed while in the scope of employment on the premises and elsewhere than on the licensed premise, for compensation or otherwise. Notwithstanding, this provision shall not apply to an independent contractor who performs accounting, legal, administrative, repair or maintenance services for licensee.

(c)

A permit to work in or be employed by an adult entertainment establishment, whether for compensation or otherwise, shall be required for all employees thereof. For the purpose of this article, independent contractors, such as entertainers, employed or hired by an adult entertainment establishment, shall be licensed as employees, regardless of the business relationship with the owner or licensee of any adult entertainment establishment. Each independent contractor shall be required to have and maintain his or her separate business license. Notwithstanding, this provision shall not apply to an independent contractor who performs accounting, legal, administrative, repair or maintenance services for licensee.

(d)

No person requiring a permit may be employed by or work in an establishment until such person has filed an application, paid the fee for and obtained a work permit from the bureau of police services.

(e)

An application for a permit shall include the applicant's legal name, all of the applicant's aliases and/or any other name by which the applicant has ever been known, address, business name and address, date of birth with written proof thereof, and prior arrest record of the applicant. The bureau of police services shall make a complete search relative to any police record of the applicant. If there is no record of a violation of 15-405(b) herein, or of any other section of this article, the bureau of police services shall issue a permit to the applicant. A permit will be issued or denied within ten (10) business days after submission of a properly completed application. If the permit is not issued or denied within the specified time frame, then the permit shall be deemed approved.

(f)

Any applicant denied a permit may, within ten (10) days of said denial, apply to the chief of police for a hearing. The decision of the chief of police may be appealed within ten (10) days after notification of denial. The applicant must submit in writing a notice of appeal to the board of commissioners by filing with the clerk of the board of commissioners. Said notice shall specify the subject matter of the appeal, the date of any original and amended application or request, the date of the adverse decision and receipt of notice thereof, the basis of the appeal, the action requested of the board of commissioners, and the name and address of the applicant. Said appeal shall be placed on the agenda of the next regular board of commissioners' meeting occurring not less than five (5) no more than thirty (30) days after receipt of said notice of appeal. The decision of the board of commissioners will be final unless the applicant files a petition for writ of certiorari to the superior court within fifteen (15) days of the date of board's decision.

(g)

Any permit for employment issued hereunder shall expire twelve (12) months from the date of issuance unless earlier revoked or suspended. The DeKalb County Police Department may prescribe reasonable fees for certifying the eligibility for employment.

(h)

Employees holding permits issued pursuant to this chapter shall at all times during their working hours have said permits available for inspection at the premises.

(Ord. No. 94-02, § 2, 2-8-94; Ord. No. 00-20, Pt. 1, §§ IV—VI, 3-14-00; Ord. No. 11-02, Pt. I, § 4, 11-27-01)