§ 78-329. Adult entertainment establishment employees.

(a)

Qualifications. The County Police Department regulatory services and permits unit shall issue an annual work permit to an applicant unless:

(1)

The applicant is less than 18 years of age;

(2)

The applicant has failed to provide information as required by this division for issuance of a work permit or has falsely answered a question or request for information on the application form;

(3)

The applicant fee for an adult entertainment establishment work permit by this division has not been paid; or

(4)

The applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined by this division.

(b)

Approval for employment. Before any person may work on a licensed premises, the person shall file an application with the regulatory services and permits unit of the county police department on forms provided by said office. The forms shall be readily available upon request Monday through Friday, except holidays, during the hours of 8:00 a.m. to 5:00 p.m. at the regulatory services and permits unit of the Cobb County Police Department. The police department shall have 20 days to investigate the information required of the employee and render a decision. If the applicant is deemed ineligible to receive a work permit hereunder based on any of the eligibility requirements contained in this section, the county police department regulatory services and permits unit shall issue a written notice of non-clearance to the applicant stating that the person is ineligible for such work permit and explaining the reasons therefore. If the applicant is deemed eligible to receive a work permit hereunder based on the eligibility requirements contained in this section, county police department regulatory services and permits unit shall grant approval of work permit. Upon approval, the employee may begin working on the licensed premises. If no decision is made within the 20-day period, the employee shall be deemed to be approved for employment at the licensed premises. If approval is denied, the prospective employee may, within ten days of notice of said denial, apply to the board of commissioners for a hearing. The board of commissioners shall consider the appeal at its next regular scheduled day meeting, or within 20 days at a specially called meeting, whichever time period is shorter, at which time the board of commissioners shall make a decision on the appeal to grant or deny the permit. The decision of the board of commissioners after hearing may be appealed within 30 days to Cobb Superior Court by writ of certiorari. An investigation fee as set forth in schedule F of the schedule of fees as adopted by the board of commissioners shall accompany the application of intended employment, or a receipt of the permitting officer evidencing the payment of such fee at the time the application is filed. The failure of the board of commissioners to make a decision immediately after its meeting shall be deemed an approval of the work permit.

(c)

Suspension or revocation of permit. The conviction of or pleading guilty or nolo contendere to a specified criminal activity, as defined in this division subsequent to the issuance of the permit may subject an employee to suspension or revocation of the employee's permit. The board of commissioners shall consider the matter concerning the possible suspension or revocation of the permit. The decision of the board of commissioners after hearing may be appealed within 30 days to Cobb Superior Court by writ of certiorari.

(d)

[Hearing.] No permit issued under this division shall be suspended, revoked or placed on probation except for due cause as defined in this section, and after a hearing before the board of commissioners following written notice to the holder of such permit of the time, place and purpose of such hearing, addressed to the holder of the permit at the last address which the holder of the permit provided to the county, and a statement of the charge or charges upon which such hearing shall be held. Three days' notice shall be deemed reasonable.

(e)

[Due cause.] Due cause for suspension, revocation or probation of such permit shall consist of the conviction or pleading guilty or nolo contendere to a specified criminal activity, as defined in this division.

(f)

[Hearing procedures.] Strict adherence to the rules of evidence are not required in hearings pursuant to this section as the hearings constitute quasi-judicial proceedings; the goal of this proceeding shall be a fair hearing and the procedures hereinafter set forth shall be followed:

(1)

The county attorney or his or her designee shall read or cause to be read the charges and specifications against the holder of the permit. The county attorney or his or her designee shall then read or cause to be read any response filed by the holder of the permit.

(2)

The board of commissioners shall hear the evidence upon the charges and specifications as filed against the holder of the permit.

(3)

The order of proof shall be as follows: The county representative may make an opening statement and present evidence in support of the charges; the holder of the permit may make an opening statement and then present evidence. Evidence of each party may be supported by submission of documents. Each party shall be allowed to present rebuttal evidence and closing argument.

(4)

The holder of the permit and the county may be represented by counsel, and may present, examine and cross examine witnesses. Additionally, the board of commissioners may examine all parties and witnesses.

(g)

[Board of commissioners ruling.] Following the presentation of evidence and argument, the board of commissioners may suspend, revoke or place on probation the permit of the holder of the permit.

(h)

Independent contractors. For the purpose of this division, independent contractors shall be considered as employees and shall be required to have permits as employees, regardless of the business relationship with the owner or licensee of any adult entertainment establishment.

(i)

[Expiration of permit.] Any annual work permit issued hereunder shall expire 12 months after the date of issue shown on the work permit. The person issued an adult establishment work permit shall make application for renewal at least 30 days prior to the expiration of the work permit in order to continue working at the adult entertainment establishment after the expiration of the 12-month issue period, provided that all eligibility requirements herein continue to be met.

(Ord. of 10-25-94; Code 1977, § 3-7-164.8; Ord. of 7-10-01, #6; Ord. of 6-27-06; Amd. of 2-23-10)