Page 1 ORDINANCE # 1616 AN ORDINANCE REGULATING EXOTIC 5 1 2 1 1 5 699 310 134 23 0.000000 DANCING’ 5 1 2 1 1 6 852 311 99 22 95.839149 WITHIN 5 1 2 1 1 7 971 311 48 23 95.721619 THE 5 1 2 1 1 8 1040 312 65 23 96.111061 CITY 5 1 2 1 1 9 1127 313 97 22 96.541611 LIMITS 5 1 2 1 1 10 1246 313 31 22 96.451546 OF 5 1 2 1 1 11 1297 313 46 22 96.451546 THE 5 1 2 1 1 12 1365 314 65 22 95.625862 CITY 5 1 2 1 1 13 1450 315 32 21 95.625862 OF 4 1 2 1 2 0 152 344 745 24 -1 5 1 2 1 2 1 152 345 132 22 96.193077 PRICHARD 5 1 2 1 2 2 304 345 48 21 96.193077 AND 5 1 2 1 2 3 372 344 100 22 96.140831 WITHIN 5 1 2 1 2 4 498 345 41 22 95.065407 ITS 5 1 2 1 2 5 561 345 98 22 96.118057 POLICE 5 1 2 1 2 6 680 345 217 23 95.984192 JURISDICTION. 2 1 3 0 0 0 151 413 1359 31 -1 3 1 3 1 0 0 151 413 1359 31 -1 4 1 3 1 1 0 151 413 1359 31 -1 5 1 3 1 1 1 151 413 29 22 92.124641 BE 5 1 3 1 1 2 206 413 28 22 78.655914 1T 5 1 3 1 1 3 253 413 133 22 95.003189 ORDAINED 5 1 3 1 1 4 408 413 30 28 96.545914 by 5 1 3 1 1 5 459 413 47 23 96.162903 the 5 1 3 1 1 6 527 413 63 28 96.254402 City 5 1 3 1 1 7 611 413 111 23 75.123192 Council 5 1 3 1 1 8 747 413 33 23 95.729126 of 5 1 3 1 1 9 801 414 50 23 96.442001 the 5 1 3 1 1 10 869 414 66 30 96.442001 City 5 1 3 1 1 11 953 414 31 23 96.089027 of 5 1 3 1 1 12 1006 416 146 27 95.904808 Prichard, 5 1 3 1 1 13 1175 417 131 26 96.180992 Alabama, 5 1 3 1 1 14 1329 423 30 17 96.180992 as 5 1 3 1 1 15 1381 417 129 24 96.470894 follows: 2 1 4 0 0 0 149 481 1348 128 -1 3 1 4 1 0 0 149 481 1348 128 -1 4 1 4 1 1 0 235 481 1262 30 -1 5 1 4 1 1 1 235 481 115 22 96.498795 SECTION 5 1 4 1 1 2 374 482 24 22 90.333488 1. 5 1 4 1 1 3 492 482 47 22 95.885971 For 5 1 4 1 1 4 560 482 46 23 95.885971 the 5 1 4 1 1 5 627 489 133 22 96.389107 purposes 5 1 4 1 1 6 781 482 34 23 96.432846 of 5 1 4 1 1 7 836 483 62 23 96.425438 this 5 1 4 1 1 8 919 484 164 27 96.028847 Ordinance, 5 1 4 1 1 9 1107 485 48 22 96.568985 the 5 1 4 1 1 10 1176 489 66 19 96.421326 term 5 1 4 1 1 11 1262 484 114 25 0.000000 exotic dance!! shall have the following meaning: Any dancing, act, or show, done by males or females, for the entertainment of one or more persons, and having sexual conno- tations. SECTION 2. For the purposes of ‘this Ordinance, the term indecent 5 1 5 1 1 12 1428 659 153 28 90.286934 exposure!! 4 1 5 1 2 0 149 687 1363 35 -1 5 1 5 1 2 1 149 687 75 23 84.143997 shall 5 1 5 1 2 2 251 688 65 22 95.612961 have 5 1 5 1 2 3 336 688 48 23 96.882675 the 5 1 5 1 2 4 405 688 147 29 96.240623 following 5 1 5 1 2 5 572 689 130 28 95.619080 meaning: 5 1 5 1 2 6 745 690 31 22 94.182640 To 5 1 5 1 2 7 797 696 101 22 96.884911 expose 5 1 5 1 2 8 916 697 32 16 96.393921 or 5 1 5 1 2 9 968 691 115 23 95.979904 exhibit 5 1 5 1 2 10 1106 693 93 22 96.581581 sexual 5 1 5 1 2 11 1224 699 98 21 96.778236 organs 5 1 5 1 2 12 1342 700 33 15 96.410667 or 5 1 5 1 2 13 1394 694 118 28 96.113007 private 4 1 5 1 3 0 148 723 659 28 -1 5 1 5 1 3 1 148 726 94 24 96.415291 parts, 5 1 5 1 3 2 271 723 25 22 95.705833 in 5 1 5 1 3 3 318 730 14 15 95.705833 a 5 1 5 1 3 4 351 723 101 28 96.473282 vulgar 5 1 5 1 3 5 471 724 47 22 96.887497 and 5 1 5 1 3 6 544 724 128 22 75.820206 indecent 5 1 5 1 3 7 691 731 116 16 96.310837 manner. 2 1 6 0 0 0 148 791 1380 66 -1 3 1 6 1 0 0 148 791 1380 66 -1 4 1 6 1 1 0 233 791 1295 29 -1 5 1 6 1 1 1 233 791 114 22 94.629692 SECTION 5 1 6 1 1 2 369 792 25 24 94.629692 3. 5 1 6 1 1 3 489 792 47 22 96.506172 For 5 1 6 1 1 4 557 791 46 23 96.633179 the 5 1 6 1 1 5 625 798 132 21 95.309570 purposes 5 1 6 1 1 6 777 792 34 22 95.309570 of 5 1 6 1 1 7 833 792 62 23 96.736992 this 5 1 6 1 1 8 916 793 164 27 96.142700 Ordinance, 5 1 6 1 1 9 1105 794 46 22 96.142700 the 5 1 6 1 1 10 1174 797 65 20 96.318748 term 5 1 6 1 1 11 1259 794 148 24 65.182693 indecent dress'! shall have the following meaning: The state of nudity or lewd dress. SECTION 4. ft shall be unlawful for any person to perform an exotic dance involving indecent exposure or indecent dress. SECTION 5. lt shall be unlawful for any person to perform an exotic dance without first having procured a permit from the Police Department of the City of Prichard. As a prerequisite to.the issuance of the permit, the person desiring the permit shall be fingerprinted and photographed. SECTION 6. It shalt be unlawful for any person having an on premises liquor license to allow or procure exotic dance on said premises by any person not having the permit required by Section 5. SECTION 7. tt is hereby declared to be the intention of the City Council] of the City of Prichard that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of same shall be declared unconstitutional or otherwise invaled by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such uncon- stitutional or invalid phrase, clause, sentence, paragraph or section. SECTION 8. Any person found guilty of violating any provision of this article shall be punished by a fine of not more than $500.00 and/or imprisonment at hard labor in the jail of the City of Prichard for a term not to exceed (6) six months. Adopted this 3rd day of January, 1985. APPROVED Mayor Pro-Tem Eva C. Greene, City Clerk/Treasurer PUBLISH: PRESS June ll, 1985 Page 2 ORDINANCE NO.: __2030 AN ORDINANCE TO REGULATE CHARITABLE SOLICITATION ON PUBLIC WAYS IN THE CITY OF PRICHARD, ALABAMA NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PRICHARD, ALABAMA, as follows: ; Section 1. Definitions, The following words and phrases shall have the meaning . ascribed . (a) Charitable purpose - shall mean philanthropic, religious or other nonprofit objectives, including the benefit of poor, needy, sick, refugee or handicapped persons; the benefit of any church or religious society, sect, group or order; the benefit of a patriotic or veterans’ association or organization; the benefit of any fraternal, social or civic organization, or the benefit of any educational institution. The term charitable 5 1 5 2 5 12 1334 904 127 31 96.863403 purposes shall not be construed to include the direct benefit to the individual making the solicitation. (b) Person - shall mean any individual, firm, co-partnership, corporation, company, association or joint stock association, church, religious sect, religious denomination, society, organization or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof. (c) Public way ~ shall mean all areas legally opened to public use such as public streets, sidewalks, roadways, highways, parkways, alleys, parks, as well as the interior and areas surrounding public buildings. (a) Solicit funds or solicitation of funds - shall mean a request for the donation of money, property or anything of value or the pledge of a future donation of money, property or anything of value or the selling or offering for sale of any property, real or personal, tangible or intangible, whether of value or not, including, but no limited to, flowers, goods, books, pamphlets, tickets, publications or subscriptions to publications or brochures upon the representation, express or implied, that the proceeds of such sale will be used for a charitable purpose as such term is herein defined. Expressly excluded from __ the meaning of solicit funds or solicitation of funds is any offer of membership in any . organization. A solicitation of funds is complete when the solicitation is communicated to any individual then located within the corporate limits or police jurisdiction of the city. Section 2. Permit required. It shall be unlawful for any person, directly or through an . agent or employee to solicit funds for charitable purposes within the corporate limits or police jurisdiction of the city on a public way within the City of Prichard and its police jurisdiction : without first obtaining a permit from the city's revenue department. This permit is in addition to Page 3 _any other permit required by the City of Prichard. Application for a Permit hereunder must be made at least fifteen (15) days prior to the first date applicant desires to begin solicitation. (a) Application For Permit. An application for a charitable solicitation on public ways permit shall contain all information relevant and necessary to determine whether a particular permit may be issued, including but not limited to: med Q) (3) (4) The specific location(s) in which the person intends to solicit contributions; . The full name, home address, and telephone number of the person or persons who will be soliciting; ; A brief description of the charitable purpose for which the funds are to be solicited; and A statement as to whether or not the applicant has been convicted of any criminal offense, either misdemeanor or felony, other than minor traffic violations, and as to any such offense, the dates and places of conviction, the nature of the offense and the punishment or penalty imposed must be provided. Notification of Issuance of Permit, Not later than ten (10) days after the (b) . filing of a completed application, the applicant shall be notified in writing by the city's revenue department of the decision on the issuance or denial of the permit. If the applicant complies with all application requirements then the applicant shall be issued a permit. Any applicant denied a permit may seek an appeal pursuant to section 55-88. A permit is valid for a period of one (1) week from the date of issue or the date such permit is to go in effect whichever is later. ©) Cost of Permit. Each applicant granted a permit under this article shall pay a nonrefundable permit fee of twenty-five dollars ($25.00) per location; such fee to cover the cost of administering this article. . (d) Carrying permits, The permit issued to an applicant shall be carried with. the applicant at all times when he or she is engaged in a charitable solicitation on a public way. ; Section 3. Insurance or bond. No permit shall be issued to an applicant unless the applicant furnishes proof to the city of a public liability bond or insurance policy issued by an insurance company licensed to do business in the State of Alabama, protecting the applicant and organization and further indemmifying the city from all claims for damages to property and _ bodily injury, including death, which may arise from operations under or in connection with the permit. Such insurance shall be in at least the amounts of one hundred thousand dollars ($100,000.00) per person and three hundred thousand dollars ($300,000.00) for each occurrence. Page 4 Section 4. Restrictions. No person soliciting charitable contributions on a public way shall: (a) Solicit on any street or sidewalk except as provided in this article; (b) Solicit in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant; become a public nuisance; increase traffic congestion; delay or constitute a hazard to traffic, life or property; obstruct access to fire, police or sanitation vehicles; (c) Wave, flag or motion to vehicles on street; (d) Allow no more than eight (8) individuals per location to solicit at any one time. (e) Leave any location without first picking up, removing, and disposing of all trash, materials or refuge remaining from operations made by him or the conduct ofhis operation; (6) _ Solicit without the insurance coverage required in this Ordinance. Section 5. Suspension or revocation of permit. (a) » Any permit issued under this article may be suspended or revoked for any of the following reasons: (1) Fraud or misrepresentation in the application for the permit; (2) . Fraud or misrepresentation in the course of soliciting for charitable contribution; (3) Soliciting contrary to the conditions of the permit; (4) _ Soliciting charitable contributions in such a manner as to create a public nuisance or constitute a danger to the public health, safety or welfare; . (5) Conviction of any crime involving moral turpitude while holding. penmit from the City of Prichard. (b) Upon suspension or revocation, the revenue department shall deliver written notice to the permit holder stating the action taken and the reason supporting such action. The written notice shall be mailed to the address | listed on the application. Page 5 Section 6. Appeals. Persons who are denied licenses or whose permits have been suspended or revoked may appeal by filing a written notice of appeal with the city council within five (5) days of their receipt of the written denial - ; Section 7. Designation of locations. The Prichard Police Department will supply to the revenue department a list of intersections that are available for solicitations. Such list of designated intersections may be added or deleted as circumstances may warrant. Section 8. Renewals. Permits will be issued on a first come, first serve basis, however, no individual and/or organization may receive a permit to solicit at any one particular location in excess of one (1) time per month per location. If a person or organization desires to solicit at one particular location on two (2) or more consecutive weeks in the same month or more than once per month at a particular location, such applicant may file a written request for an exemption with the city council. . : Section 9. Penalties. Any person who violates any provision of this article shall, upon conviction, be punished by a fine not to exceed five hundred dollats ($500.00) or imprisonment fora period not exceeding six (6) months, or both: . Section 10. Repealer. All ordinance, resolutions and parts of ordinance and resolutions in conflict herewith are hereby repealed. ‘Section 11. Severability. It is hereby declared to be the intention of the City Council of the City of Prichard, Alabama, that the’sections, paragraphs, sentences, clauses and phrases of this ordinance hereby adopted are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such uncosistitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and. sections of this ordinance hereby adopted, since the same would have been enacted by the City Council without the incorporation of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. Section 12. Effective. This ordinance shall become effective immediately upon its adoption and publication as required by law. ADOPTED this the 25th day of _ SEPTEMBER , 2014/ Page 6 APPROVED this the 25th day of SEPTEMBER , 2014. TROY ATTEST: JARLENE PALMER LEWIS, City Clerk Page 7 33 pay. a license at the rate prescribed herein measured by gross receipts from said business during the next preceding year. (Same as agency) $150.00 plus .002807 of gross receipts a 445118. CONFECTIONERS: $150.00 plus .001790 of gross receipts . 238402, CONCRETE CONTRACTOR: Mixed or not, individuals pouring concrete. $300.00 plus .001790 of gross receipts. No Bond required. - ee} 446120. COSMETICS: S _ ; $150.00 plus .002045 of gross receipts '§29122. CREDIT ASSOCIATION: Local, engaged in supplying information or collecting ae 624128. CUSTODIAL (GROUP) HOME: must be approved by the City Council, Inspection Department and Fire Department. Applicant must have all State, County and Health Department or other agency permits approved prior to beginning operation. Any person providing care, for compensation, to more than one dependent persons (any person who by reason of physical incapacity, mental defect, behavioral disorder or custodial, judicial order) other than his or her own children ’in his or her own home, providing 24 hour a day, seven day a week care. Applicant further agrees to abide by such reasonable regulations as the City Council may from time to time impose. Applicant further understands that the facility shall be subject to inspection at any time during usual business hours by appropriate agencies of the City, County, and State. , $250.00: Facility for two to six persons; $350.00: Facility for seven to ten persons;. $450.00: for eleven to fifteen persons, Un For all additional persons $50.00 each per year. 333124, DAIRY MACHINERY: Dealers or agents selling or delivering machinery for handling or processing dairy products. $150.00 plus .001524 of gross receipts. a 722125, DANCE HALLS OR NIGHT CLUB: (Plus any other sections pertaining to the above). . Must be approved by the City Council. $250.00 plus .001790 of gross receipts 611126. DANCING SCHOOLS: A persons, firms or corporation engaged in the business or profession of teaching dancing. —- , $600.00 — 623127A. DAY CARE CENTER- ADULT: Any person providing care for compensation to from their own guardians, provided that the license shall be issued only upon presentation of evidence that the premises meet City fire, safety, and health. . ‘more than six (6) adults during part of or all.of the daylight hours, but less than 24 hours, apart - BL I i accounts for their own members only. Same as agency. ee a $150.00 plus .002807 of gross receipts oo — 5a . ae Faw (weg Boar 4)