Loading...
16220M = M M M = � = M = = = = � = ! 388 1 ORDINANCE NO. 16,220 2 3 AN ORDINANCE PROVIDING FOR THE SUSPENSION OF 4 SPECIAL ACTIVITIES DIRECTED TOWARD MINORS; TO 5 PROVIDE FOR A PERMIT TO RESUME SUCH ACTIVITIES IF 6 A SUSPENSION SHOULD RESULT; DECLARING AN 7 EMERGENCY; AND FOR OTHER PURPOSES. 8 9 WHEREAS, certain adult establishments such as night clubs 10 sponsor teen nights; and 11 WHEREAS, these activities are not in themselves illegal, 12 but have resulted in criminal activity; and 13 WHEREAS, a recent teen night involved an exchange of 14 gunshots despite the presence of police; and 15 WHEREAS, the City, to preserve the public health, safety 16 and welfare, feels it necessary to ban such activities; 17 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF 18 THE CITY OF LITTLE ROCK, ARKANSAS: 19 SECTION 1. Purpose. The purpose of this ordinance is to 20 provide for a temporary ban on identifiable marketing activities 21 directed toward minors -- commonly referred to as "teen nights 22 -- when such activities have resulted in the use or threat of 23 deadly physical force or death or serious physical injury to 24 another person. 25 SECTION 2. Cessation of activities contributing to the need 26 for imposition of a curfew for minors. In the event that 27 businesses located in the City engage in commercial activities 28 specifically directed primarily toward minors, and such 29 activities result in deadly force or physical force resulting in 30 serious physical injury or riot, the Chief of Police may issue 31 an order banning such activities for a period not to exceed 32 ninety (90) days. The business may continue its normal 33 operations, but cannot resume the banned activities until 34 applying for and receiving a permit from the Chief of Police. 35 36 1 0-5-0 M M M M M M 0 UM ; 383 1 SECTION 3. Definitions. 2 (a) "Activities specifically directed toward minors" 3 means organized commercial events, sometimes referred to as 4 "teen nights," which are marketed and advertised with the intent 5 of encouraging primarily minors to attend. 6 (b) "Deadly physical force" means physical force that 7 under the circumstances in which it is used is readily capable 8 of causing death or serious physical injury. 9 (c) "Minor" means any person under the age of eighteen. 10 SECTION 4. Application for Permit. At the end of the ninety 11 (90) day period referred to in Section 2, businesses may apply 12 to the Chief of Police for a permit to continue activities 13 specifically directed toward minors. The Chief of Police cannot 14 refuse to issue a permit for such activities unless he is in 15 possession of reliable and credible evidence that the activity 16 for which an application is sought presents a clear and present 17 danger of a threat of death or serious physical injury to any 18 person. Unless such evidence is present, the Chief of Police 19 shall issue the permit within three (3) working days of the 20 receipt of an application. 21 SECTION 5. Appellate Process. In the event that an 22 application for a permit to resume activities specifically 23 directed toward minors is denied by the Chief of Police, the 24 applicant may appeal the denial of such action to the Little 25 Rock Board of Directors. The appeal must be filed within five 26 (5) days of notice of cessation of activities and will be 27 addressed at the next scheduled Board meeting. 28 SECTION 6. Penalties. Any business found to have carried on 29 an activity specifically directed toward minors, after being 30 directed to cease such activities by an order from the Chief of 31 Police, shall be liable for a fine of up to $500 for each 32 occurrence of such activity. 33 SECTION 7. Severability. In the event any section, 34 subsection, subdivision, paragraph, subparagraph, item, 35 36 2 �'b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 0 • 390 sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this ordinance which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of this ordinance. SECTION S. Declaring an emergency. It is hereby found and declared that the need for control over activities directed toward minors which could result in the need for imposing a curfew for minors is necessary to the well -being of the community. Therefore, this ordinance is necessary to protect the health, safety and welfare, and shall be in full force and effect from and after its passage and approval. PASSED: May 19, 1992 CITY CLERK APPROVED AS TO FORM: ATTORNEY THOMAS M. CARFXNTW CITY 3 -� � � t 7 p754