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1 ORDINANCE NO. 16,220
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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.
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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.
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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,
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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
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