ARTICLE I.
IN GENERAL
Secs. 26-1--26-26. Reserved.
ARTICLE II. ------------
State law reference(s)--Authority to license businesses generally, A.C.A. § 26-77-102.
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Sec. 26-27. License required.
A license shall be required of any person who shall engage in, carry on or follow any trade, business, profession, vocation or calling, within the corporate limits of the city, unless exempt by state law.
(Code 1973, § 19-1)
State law reference(s)--License required, A.C.A. § 26-77-102(c); publication of license ordinance required, A.C.A. § 26-77-104.
Sec. 26-28. Liability for license.
Any person shall be subject to the requirements of this article if by himself or through an agent, employee or partner, he holds himself forth as being engaged in a business or occupation; or solicits patronage therefor, actively or passively; or performs or attempts to perform any part of such business or occupation in the city.
(Code 1973, § 19-2)
Sec. 26-29. Employee defined.
An employee, for the purposes of this article, is any partner, corporate officer or other individual who receives any direct or indirect compensation from any entity subject to licensing under section 26-28.
(Code 1973, § 19-17)
Sec. 26-30. License required for each place of business.
Any person having more than one place of business within the city shall obtain a license for each business location.
(Code 1973, § 19-3; Ord. No. 3995, § 1, 11-28-06)
Sec. 26-31. Application.
Applications for all licenses required by this article shall be made in writing to the city clerk. Each application shall state the name of the applicant, the location to be used, if any, the time covered and the fee to be paid; and each application shall contain such additional information as may be needed for the proper guidance of the city officials in issuing the license applied for. Each license issued shall bear the signature of the city clerk. All applications required hereunder shall be kept and filed by the city clerk.
(Code 1973, § 19-4)
Sec. 26-32. Part year licenses; proration.
All fees and charges for licenses shall be paid at the time application therefor is made to the city clerk. When an applicant has not engaged in the business until after the expiration of part of the current license year the license fee shall be prorated by quarters and the fee paid for each quarter or fraction thereof during which the business has been or will be conducted. All license fees shall become part of the city general fund.
(Code 1973, § 19-5)
Sec. 26-33. Term of license; semiannual payment; publication of expiration dates.
All licenses shall terminate on March 31 of each year and the annual license fee may be paid in semiannual installments which shall be due and payable on April 1 and October 1 of each year. The city clerk shall publish a notice in a newspaper of general circulation in the city of the time of expiration of the city licenses, three weeks prior to the date of such expiration. A failure to publish such notice, or the failure of the licensee to have actual knowledge of such notice shall not excuse the licensee from a failure to obtain a new license, or a renewal thereof, nor shall it be a defense in an action for operation without a license.
(Code 1973, § 19-6)
Sec. 26-34. License fee schedule.
(a) Any person who shall engage in, carry on or follow any trade, business, profession, vocation or calling, within the corporate limits of the city shall pay an annual license fee of $20.00 per year plus $2.50 for each of the first 25 employees, excluding the owner of a sole proprietorship, employed by such business, and an additional $1.00 per year for each and every employee over 25. The maximum fee to be paid by any licensee under this article shall be $150.50 per year. The number of employees upon which charge shall be based shall be the average number employed by the applicant during the preceding calendar year. It shall be the duty of the city clerk to determine the number of employees upon which to base the fee and the city clerk shall require of all applicants an affidavit stating the number of employees upon which such a fee shall be paid. In addition, the city clerk may require other proof in order to correctly determine the number of employees upon which the license fee shall be based.
(b) The sole proprietor of any unincorporated business is not an employee within the meaning of this section and shall not be counted for the purpose of computing the number of employees upon which the amount of any license fee shall be based.
(Code 1973, § 19-16)
State law reference(s)--Cities may classify, define and fix the sums to be paid, A.C.A. § 26-77-102(d).
Sec. 26-35. Compliance with building regulations, zoning regulations, and state sales tax regulations.
(a) No license shall be issued for the conduct of any business if the premises and building to be used for the purpose do not fully comply with the requirements of the city.
(b) No such license shall be issued for the conduct of any business or performance of any act which would involve a violation of the zoning ordinance of the city.
(c) No license shall be issued for the conduct of any business until the applicant submits a copy of its State of Arkansas sales tax permit, or provides proof of a state sales tax identification number, as required by the State of Arkansas for the business.
(Code 1973, § 19-7; Ord. No. 4135, § 1, 11-27-07)
Sec. 26-36. Change of location.
The location of any licensed business or occupation, or of any permitted act, may be changed, provided ten days' notice thereof is given to the city clerk, in the absence of any provision to the contrary; provided, that the building, zoning and other ordinances of the city shall be complied with.
(Code 1973, § 19-8)
State law reference(s)--City may promulgate rules and regulations regarding licensing, A.C.A. § 26-77-105.
Sec. 26-37. License not transferable.
A license issued under this article shall not be transferable.
(Code 1973, § 19-9)
Sec. 26-38. Operation of business constituting nuisance.
No business, licensed or not, shall be so conducted or operated as to amount to a nuisance in fact; nor in violation of any ordinance of this city or state law.
(Code 1973, § 19-10)
Sec. 26-39. Inspection of licensed premises.
Whenever inspections of the premises used for or in connection with the operation of a licensed business or occupation are provided for or required by ordinance, or are reasonably necessary to secure compliance with any ordinance provision or to detect violations thereof, it shall be the duty of the licensee, or the person in charge of the premises to be inspected, to admit thereto, for the purpose of making the inspection, any officer or employee of the city who is authorized or directed to make such inspections at any reasonable time admission is requested.
(Code 1973, § 19-11)
Sec. 26-40. Posting, display of license.
It shall be the duty of any person conducting a licensed business in the city to keep his license posted in a prominent place on the premises used for such business at all times. The holder of a license shall show the license to any officer or agent of the city upon request.
(Code 1973, § 19-12)
Sec. 26-41. Exemptions.
The following existing ordinances are not affected by the provisions contained in this article:
(1) Any ordinance regulating, taxing or licensing businesses which manufacture, distribute or sell beer, wine or liquor.
(2) Ordinances licensing, regulating or controlling the operation of mobile home parks.
(3) Any franchise ordinance specifically including, but not being limited to, utilities, sanitation service, telephone service and taxicab service.
(Code 1973, § 19-13)
Sec. 26-42. Penalty.
Any person violating any provision of this article, upon conviction, shall be fined a sum of not less than the amount of the license fee provided for, nor more than double such amount for each offense plus the cost to the city of collecting.
(Code 1973, § 19-15)
State law reference(s)--Authority to punish violations, A.C.A. § 26-77-102(e); maximum penalty double license fee plus costs, A.C.A. § 26-77-101.
Sec. 26-42.1. Suspension or revocation of license.
(a) [Good cause for suspension/revocation.] Any business license issued pursuant to the provisions of this article may be suspended or revoked for good cause by the city council. Good cause for such suspension or revocation shall include, but is not limited to:
(1) The existence of unsanitary conditions, noise, disturbances, or other conditions at, near or in the premises which causes or tends to create a public nuisance, which may injuriously affect the public health, safety or welfare, or which unnecessarily affects the adequate allocation of public safety resources;
(2) The commission of, or permitting or causing the commission of, any act in the operation of the business which is prohibited by any ordinance, rule or law of the city, state or federal government;
(3) Fraudulent practices and misrepresentation in the operation of the business;
(4) Concealment or misrepresentation in procuring the business license;
(5) The business for which the license has been issued is unlawful or is prohibited by any ordinance, code, rule or law of the city, state or federal government;
(6) The license was issued by mistake or is in violation of any of the provisions of this article; or
(7) The premises used to conduct said business has been condemned, declared a fire hazard or declared unsafe for business occupancy pursuant to applicable building, property maintenance, or fire codes.
(b) Suspension/revocation procedure.
(1) The city council, on its own motion or initiative, or upon the written complaint of any person or city staff, may, by resolution, set a hearing date to determine whether good cause exists to suspend or revoke a license issued pursuant to this article.
(2) A notice of the hearing, along with a copy of the resolution setting the hearing date, shall be served by certified mail with return receipt requested, to the person holding the business license at the address shown on the business license application. Such notice and resolution shall also be hand delivered to the licensee at the address shown on the business license application, if the person is present. If the person is not present, the notice and resolution may be delivered to the person in actual charge of the premises at the time of delivery. If the business is closed, a copy of the notice and resolution shall be posted in a conspicuous location on the property.
(3) The notice and resolution shall inform the licensee of the allegations which constitute the basis for the hearing, and shall provide that the licensee will be given the opportunity to appear and be heard at the hearing.
(4) At the hearing, the city council will make a determination as to whether good cause exists to suspend or revoke the license. This determination shall be made only after the licensee has been afforded a reasonable opportunity to be heard on the issue.
(5) In the event the city council finds good cause to suspend the license, it shall have the authority to place reasonable conditions and restrictions on the licensee during the suspension period. Any violation of these conditions and restrictions shall result in the revocation of the license.
(6) In the event the city council finds that good cause exists to revoke the license, the city council shall, by ordinance, revoke the license and shall direct the city clerk to notify the licensee of the revocation of the license, and to direct the licensee to immediately cease all business activity at the business location. Notice shall be completed in accordance with subsection (b)(2) herein.
(7) Any person conducting business activity in violation of a revocation ordinance shall be punishable by those penalties prescribed in section 1-9 of this Code, and each sales transaction shall constitute a separate and punishable offense.
(8) Any business or person who has had a license revoked pursuant to the provisions of this article shall not be eligible for another license until the business or person has complied with the requirements of section 26-31 and has obtained city council approval before a new license may be considered.
(Ord. No. 4067, § 1, 6-26-07)
ARTICLE II.5. Sec. 26-43. Carnivals and circuses--Definitions.
[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]
"Carnival," as used in this article, shall mean any entertainment which includes sideshows or riding devices.
"Circus," as used in this article, shall mean any entertainment which includes wild animals or acrobats, but does not include a rodeo.
(Code 1973, § 19-14; Ord. No. 3955, 9-26-06)
Sec. 26-44. Operational permit required for operating a circus, carnival, fair, or other amusement show.
It shall be unlawful for any person to operate a circus or carnival without first having obtained a permit therefore from the office of the city clerk. No permit is required for any circus or carnival held within the structural walls of a church, private school, public school, and/or public building, which is sponsored by an affiliated group of such church, private school, public school, and/or public body.
(Ord. No. 3955, 9-26-06)
Sec. 26-45. Permit application; inspection of shows.
The applicant for a permit required by this article shall file an application in writing with the city clerk which shall contain such information as may be required by the city clerk. At such time as an application is made, the applicant shall pay the permit fee of $100.00 to the city clerk. In the event the applicant fails to pass an inspection (as set out in section 26-50), then the applicant shall be entitled to refund of one-half of the fee. The application made to the city clerk shall then be referred to the city council and if the city council approves the application, a resolution shall be forwarded to the city clerk, who shall then issue the permit.
(Ord. No. 3955, 9-26-06)
Sec. 26-46. Term; insurance; state requirements.
The permit granted under the terms of this article shall not exceed a period of seven days. The applicant, except a circus or carnival held by a church, private school, public school, and/or public body, shall furnish evidence to the city of public liability insurance in the amount of not less than $500,000.00 for any one person and $1,000,000.00 for any one accident, which shall be in force and effect before any such circus or carnival is to commence operations. Applicants shall also provide proof that all state requirements for inspection, safety, and insurance have been satisfied. A circus or carnival held by a church, private school, public school, and/or public body shall provide proof that all state requirements for inspection and safety have been satisfied.
(Ord. No. 3955, 9-26-06)
Sec. 26-47. Hours of business.
All carnivals and/or circuses shall only operate between the hours of 10:00 a.m. and midnight.
(Ord. No. 3955, 9-26-06)
Sec. 26-48. Sanitary conditions and lighting.
Every carnival and circus and any building in which any carnival or circus is held shall at all times be kept in a clean, healthy and sanitary condition. All stairways, halls, passages and rooms which are open to the public shall be kept open and well lighted during the time that said carnival or circus is in operation. Every carnival and circus shall maintain adequate sanitary facilities, including toilets, at all times during installation, operation, and removal of all carnival or circus structures and equipment, unless such facilities are provided on sight.
(Ord. No. 3955, 9-26-06)
Sec. 26-49. Location of site, restriction on number of carnivals or circuses.
All carnivals and/or circuses shall be operated only in a C-5 or C-2 zone, or at the Rodeo Grounds at Emma Avenue and Old Missouri Road. The carnival and/or circus shall also comply with all setback requirements for the zone in which the carnival or circus is located. For carnivals and/or circuses conducted on a parking lot of another business, there shall be a maximum of three permits issued for such location per calendar year.
(Ord. No. 3955, 9-26-06)
Sec. 26-50. Inspections.
No permit shall be issued until inspections and approval shall have been made by the following:
(a) The city's fire marshal, who shall inspect all carnival and circus premises and equipment for compliance with the fire code.
(b) The building inspector, who shall inspect for amusement ride safety certification and electrical inspection certification.
The fire marshal and building inspector must sign their approval on the permit, before any permit shall be issued by the city clerk.
(Ord. No. 3955, 9-26-06)
Sec. 26-51. Duties to comply with all state and federal laws and regulations--License revocation.
All persons licensed pursuant to this article must insure that all equipment and devices used in the carnival or circus comply with state and federal regulations. Any violation of this section shall constitute grounds for revocations of the license.
(Ord. No. 3955, 9-26-06)
Secs. 26-52--26-65. Reserved.
ARTICLE III. Secs. 26-66--26-110. Reserved.
ARTICLE IV. ------------
Editor's note--Section A of Ord. No. 2806, adopted Feb. 10, 1998, removed § 26-111 et seq. from the Code of Ordinances and redesignated such provisions to be included under ch. 3. Formerly, § 26-111 et seq. pertained to burglar alarm installers and derived from § 34-8 of the 1973 Code and § 1 of Ord. No. 2520, adopted Sept. 24, 1996.
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Secs. 26-111--26-144. Reserved.
ARTICLE V. ------------
Cross reference(s)--Alcoholic beverages, ch.6; offenses and miscellaneous provisions, ch. 74; zoning, ch. 130.
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Sec. 26-145. Purpose and intent.
It is the purpose of this article to regulate sexually oriented businesses to promote the health, safety and general welfare of the citizens of the city, and to establish reasonable and uniform regulations of sexually oriented businesses within the city. The provisions of this chapter have neither the purpose nor affect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor affect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market, unless otherwise restricted by law.
(Ord. No. 2785, § 1, 11-25-97)
Sec. 26-146. Definitions.
Adult arcade. Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled image-producing devices are maintained to show images to five or fewer viewers at one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas".
Adult bookstore or adult video store. A commercial establishment whose principal business purposes is to offer for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, or video reproductions, slides or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas.
Adult cabaret. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity; or
(2) Live performances which are characterized by the exposing of "specified sexual activities" or "specified anatomical areas"; or
(3) Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction of "specified sexual activities" or "specified anatomical areas".
Adult motion picture theater. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown, excluding those which are rated by the Motion Picture Association of America, which emphasize "specified sexual activities".
Adult theaters. A theater, concert hall, auditorium, or similar commercial establishment, which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas.
Nudity or state of nudity:
(1) The appearance of the bare human buttocks, anus, male genitals, female genitals, or female breast.
(2) A state of dress which fails to opaquely cover a human buttocks, anus, male genitals, female genitals, or areola of the female breast.
Person. An individual, proprietorship, partnership, corporation, association, or other legal entity.
Sexually oriented business. An adult arcade, adult bookstore or adult video store, adult cabaret, adult motion picture theater, or adult theater as the same are defined herein.
Specified sexual activities:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse, or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
Specified anatomical areas:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola; and
(2) Human male genitals in a discernible turgid state, even if completely and opaquely covered.
Residential district. Any land within the city limits of Springdale zoned as R-1, R-1A, R-M, R-2, RMH, MHP or R-O.
(Ord. No. 2785, § 2, 11-25-97)
Sec. 26-147. Classification.
Sexually oriented businesses are classified as follows:
(1) Adult arcade;
(2) Adult bookstore and adult video stores;
(3) Adult cabarets;
(4) Adult motion picture theaters;
(5) Adult theaters.
(Ord. No. 2785, § 3, 11-25-97)
Sec. 26-148. Conditional use.
Sexually oriented businesses shall not be allowed in any zoning district except C-2 where they may be allowed as conditional uses subject to the following:
(a) No sexually oriented business may be operated within 600 feet of:
(1) A church;
(2) A public or private elementary, middle school, secondary or post-secondary school, pre-school or child care facility;
(3) A boundary of a residential district (R-1, R-1A, R-M, R-2, RMH, MHP or R-O) or any single family or multiple-family residential use;
(4) A public park; family recreation center as defined in A.C.A. § 5-27-226, bowling alley, or skating rink;
(5) A hospital;
(6) Properties listed on the National Register of Historical Places or local historic districts as identified by the Arkansas Historic Preservation Program.
(b) A persons commits an offense if the person causes or permits the operation, establishment, or maintenance or a sexually oriented business within 660 feet of another sexually oriented business, or within 660 feet of any room, building, premises, place or establishment that sells or dispenses any alcoholic beverage, which means but is not limited to distilled spirits, wine or beer.
(c) For the purposes of subsections (a) and (b), measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest property line of the sexually oriented business to the nearest property line of any church, public or private elementary, middle school, secondary or post secondary school, pre-school or child care facility, public park, family recreation center, bowling alley, skating rink, residential district or any single family or multiple family residential use, hospital, properties listed on the National Historic Register or local historic districts as identified by the Arkansas Historic Preservation Program, place or establishment that sells or dispenses any alcoholic beverage as defined in the previous paragraph, or any other sexually oriented business.
(d) The zoning ordinance shall be amended to classify sexually oriented businesses as a conditional use in a C-2 Zone, Use Unit 34.
(Ord. No. 2785, § 4, 11-25-97)
Sec. 26-149. Penalties.
(a) Any person operating or causing to be operated any sexually oriented business in violation of any part of this ordinance, upon conviction, is punishable by a fine not to exceed five hundred dollars ($500.00);
(b) If the violation is, in its nature, continuous in respect to time, the penalty for allowing the continuance thereof is a fine not to exceed two hundred fifty dollars ($250.00) for each day that the same is unlawfully continued.
(c) A person who operates or causes to be operated a sexually oriented business in violation of this ordinance will be subject to a suit for injunction as well as prosecution for criminal violations.
(Ord. No. 2785, § 5, 11-25-97)
Sec. 26-150. Location not to render illegal.
A lawfully operating sexually oriented business shall not be rendered illegal by the subsequent location of a church, a public or private school, a pre-school, a child care facility, a public park, a family recreation center, a bowling alley, a skating rink, residential zoning, a residential use, or an establishment selling or dispensing alcohol.
(Ord. No. 2785, § 6, 11-25-97)
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LICENSES GENERALLY*
CARNIVAL OR CIRCUS
AUTOMOBILE DEALERS
RESERVED*
SEXUALLY ORIENTED BUSINESSES*