Chapter 14 — Amusements and Entertainments

Sec. 14-3. Reserved.

Editor’s note—Ord. No. 2006-66, § 9, approved Sept. 26, 2006, effective Jan. 2, 2007, repealed § 14-3 in its entirety. Formerly, said section pertained to permit to conduct entertainments at shopping centers, parking lots, similar locations as enacted by Code 1977, § 14-3006. The user's attention is directed to Chapter 142 of this Code of Ordinances for similar provisions.

Sec. 14-4. Approvals required for permit issuance to theater or assembly hall using electricity.

All theaters employing the use of electric power or wiring of any description shall have the approval of the director, bureau of buildings, the appropriate electrical inspector and the department of fire. No permit shall be issued for any theater or assembly hall until the electrical inspector, bureau of buildings and department of fire shall have given their written approval that the requirements of this Code and other ordinances pertaining to the building have been complied with. (Code 1977, § 14-3007)

Cross reference—Fire prevention and fire safety standards, § 78-56 et seq.

Land development code reference—Electrical code, § 8-2101.

Sec. 14-5. Shooting galleries.

The mayor, upon receiving the recommendation of the license review board, may, within 60 calendar days of receipt of said recommendation, deny or grant an application for a new permit. In addition, within said 60-day period, if the mayor determines there is a need to correct a clear error or prevent a manifest injustice, the mayor may remand the application back to the license review board for further hearing. If the mayor fails to take action within the 60-day period, the recommendation of the license review board shall become the final decision of the mayor.

The distance in this subsection shall be measured in a straight line from the closest point of the property line of the site proposed to be occupied by the shooting gallery to the closest property line of any use identified above.

Sec. 14-6. Theatrical performances.

Sec. 14-7. Reserved.

Editor’s note—Ord. No. 2006-66, § 10, adopted Sept. 26, 2006, effective Jan. 2, 2007, repealed § 14-7 in its entirety. Formerly, said section pertained to carnivals, sideshows, similar exhibitions as enacted by Code 1977, §§ 14-3003, 19 14.009. The user's attention is directed to Chapter 142 of this Code of Ordinances for similar provisions.

Sec. 14-8. Skating and other rinks.

No license shall be issued by the chief financial officer to any person for a skating rink, walking rink or rink of like character, except by order of the mayor. Any person desiring a permit shall make application to the department of police stating the location, size and kind of structure to be used, which shall be acted on by the mayor at the mayor's discretion. (Code 1977, § 14-3004)

Sec. 14-9. Game centers.

Game center means any place or premises on which there is provided coin-operated or fee-paid mechanical, electronic or other similar devices primarily manufactured for amusement and entertainment purposes.

Mechanical devices includes but is not limited to pool tables, billiard tables, pinball machines, electronic pingpong, electronic tennis or other similar devices.

Sec. 14-10. Crowding at circuses and shows.

It shall be unlawful for any person being in charge of or assisting in the management of any circus, show, wild west show, horse show, dog show or similar exhibition to which the public is invited through the sale of tickets of admission or the giving of passes to permit the attendance of the public in numbers in excess of the number of seats provided or to fail to provide means of access to and exit from the seats or to permit the means of access and exit to become crowded before, during or after performances. (Code 1977, § 14-3002)

Sec. 14-11. Transient theatrical companies using electrical equipment.

Transient theatrical companies shall be required to furnish all necessary plugging boxes and plugs or to use house plugs and boxes and all necessary wire for the construction of the lights carried by them. The chief electrical inspector shall inspect, in the inspector's discretion, all electrical effects belonging to those transient companies. The theater electrician shall be a competent electrician and shall be required to pass an examination to be conducted by that inspector. The inspector shall be notified at least one day before a performance by the company of the transient company that will use electrical apparatus, and on failure to do so the permit shall be revoked. (Code 1977, § 14-3009)

Land development code reference—Electrical code, § 8-2101.

Sec. 14-12. Reserved.

Editor’s note—Ord. No. 2006-66, § 11, adopted Sept. 26, 2006, effective Jan. 2, 2007, repealed § 14-12 in its entirety. Formerly, said section pertained to fire protection for tent shows as enacted by Code 1977, § 14-3010. The user's attention is directed to Chapter 142 of this Code of Ordinances for similar provisions.

Sec. 14-13. Indecent or immoral shows.

It shall be unlawful for any person to exhibit or perform in any hall, house or public place any indecent, immoral or lewd play or dance or to sing to a public audience any sacrilegious, indecent, vulgar or lewd song. It shall be the duty of the police and city officers to arrest every person violating this section in their presence or on complaint of any citizen of a violation of this section by any person. (Code 1977, § 14-3012)

State law reference—Obscenity, O.C.G.A. § 16-12-80 et seq.

Secs. 14-14—14-35. Reserved.

Sec. 14-36. Jurisdiction.

The mayor or the mayor's designee shall have jurisdiction over all professional boxing, sparring and wrestling matches or exhibitions in the city. The matches or exhibitions shall be held in accordance with this article and the rules and regulations established by the mayor or the mayor's designee. (Code 1977, § 14-3041)

Sec. 14-37. Duties of Civic Center director.

Cross reference—Civic Center, § 46-36 et seq.

Sec. 14-38. Permit.

Sec. 14-39. Bond of promoter.

Every person engaged in or desiring to engage in the business of promoting boxing or wrestling shall, before any permit to engage therein is granted under section 14-38, deposit with the chief financial officer a bond in the sum of $5,000.00. The bond shall be approved by the mayor. The bond shall guarantee the faithful performance of all contracts entered into by the promoter and the payment of all damages sustained by any person because of the promotion and the carrying on of boxing or wrestling matches. (Code 1977, § 14-3044)

Sec. 14-40. Licensing of promoters, referees, judges and others.

All promoters, referees, judges, timekeepers, boxers, wrestlers, managers, trainers and seconds in connection with boxing or wrestling matches or exhibitions held in the city shall obtain a license before an event is held. Application for a license shall be made in writing to the mayor or the mayor's designee accompanied by a check payable to the city. The promoter's license shall be $2,000, and all others listed in this section shall be $100.00 each. Each license shall be good for one year from the date of issuance. The mayor or the mayor's designee may revoke any license at any time, if it appears upon investigation that the license should be revoked in the interest of boxing or wrestling or the peace and good order of the city. The mayor or the mayor's designee may make a charge for licensing of all clubs and participants and revise the fees to be charged in accordance with the rules and regulations governing boxing and wrestling. (Code 1977, §§ 14-3045,19-14.011; Ord. No. 1999 22, § 2, 2-9-99)

Sec. 14-41. Fire protection.

No boxing, sparring or wrestling match or exhibition shall be held in the city outside the Civic Center without the promoter first obtaining the written approval of the department of fire. (Code 1977, § 14-3046)

Cross reference—Fire prevention and fire safety standards, § 78-56 et seq.

Secs. 14-42—14-60. Reserved.

Sec. 14-61. Wiring.

All wiring in motion picture theaters shall be installed under the direct supervision of the chief electrical inspector, and if the chief electrical inspector condemns any wiring, it shall be reinstalled under the direction and approval of the chief electrical inspector. If the owner or operator of a motion picture theater refuses to conform to the directions of the inspector in matters mentioned in this section, the license of the owner and operator shall be ipso facto void, and the theaters shall be immediately closed as unsafe for patronage. (Code 1977, § 14-3081)

Land development code reference—Electrical code, § 8-2101.

Sec. 14-62. Smoking, drinking in motion picture machine operating room; responsibility of operator for condition of room.

No smoking or drinking will be permitted in any motion picture machine operating room. The operator shall be held responsible for the condition of the operating room where the operator is employed, and upon conviction for violation of this Code or any ordinance respecting the condition thereof or imposing any duty upon the operator, the operator's license shall become void. (Code 1977, § 14-3082)

Sec. 14-63. Persons allowed in motion picture machine operating room.

Sec. 14-64. Indecency, lewdness in motion picture theaters.

It shall be unlawful for any person to sing or repeat or cause to be sung or repeated to a public audience in any motion picture theater any vulgar, lewd, immoral, indecent or immorally suggestive song or opera or part of song or opera or recitation or part of recitation or play or part of play or to perform any immoral, indecent, lewd or immorally suggestive dance or movement in the nature of a dance. (Code 1977, § 14-3084)

See. 14-65. Indecent, immoral vaudeville performances.

It shall be unlawful for any actor or performer, either male or female, to appear in any motion picture theater which has vaudeville performances in connection therewith in indecent, immoral or immorally suggestive dress or costume. It shall be unlawful for any actor or performer therein, either male or female, to give or render coarse jokes or ribald, lewd or immorally suggestive dances or movements in the nature of a dance of the same prohibited character. (Code 1977, § 14-3085)

Sec. 14-66. Obscene motion pictures. (a) Prohibited. It shall be unlawful for any person knowingly to show or cause to be shown in a motion picture theater or other public place where an admission charge is made an obscene motion picture or similar exhibition or process.

State law reference—Obscenity, O.C.G.A. § 16-12-80 et seq.

Secs. 14-67—14-85. Reserved.

ARTICLE IV. POOL ROOMS AND BILLIARD ROOMS* DIVISION 1. GENERALLY

Sec. 14-86. Applicability of article. This article relates to any of the games played on a table bordered by an elastic ledge or cushion, ♦Charter reference—-Authority to regulate and control billiard rooms, § 1-102(17).

State law reference—Local regulation of billiard rooms, O.C.G.A. § 43-8-2.

with balls which are impelled by a cue, including the games known as billiards and pool, and also miniature pool tables and the operation thereof. For the purposes of this article, premises operating any of those games are billiard rooms. (Code 1977, § 14-3101)

Sec. 14-87. Authority of police officers.

The police chief shall designate one or more officers to obtain all of the information indicated in this article and to make a report on any matter pertinent to whether or not a license should be granted or revoked at any time. All departments of the city shall cooperate with these officers. The officers shall have admittance at all times to billiard rooms before and after a license may be issued and shall report all violations of this article in writing to the police chief. (Code 1977, § 14-3108)

Sec. 14-88. Condition, arrangement of premises.

Billiard rooms are subject to the disapproval of the director, bureau of sanitary services. No screen, curtains, blinds, partitions or other obstructions shall be placed in billiard rooms, except that washrooms and storage closets are permitted. (Code 1977, § 14-3110)

See. 14-89. Opening and closing hours.

It shall be unlawful to operate any billiard room between the hours of 2:55 a.m. and 12:30 p.m. Sunday, between the hours of 12:00 midnight Sunday to 6:00 a.m. Monday and between the hours of 4:00 a.m. and 6:00 a.m. on other days of the week. During the hours when the billiard room is closed, only regular employees performing necessary work shall be in the billiard room. However, this section shall not apply to establishments which have licenses to sell alcoholic beverages for on-premises consumption. (Code 1977, § 14-3109)

State law reference—Authorized restrictions on operating hours, O.C.G.A. § 43-8-2(b)(2).

Sec. 14-90. Gambling and similar pursuits.

Dice, cards, dominoes, baseball and sport tickets and all other games of chance or gambling are prohibited in billiard rooms, whether partitioned or not, or in any room connecting therewith nor shall any checks be given which can be redeemed for merchandise or cash. (Code 1977, § 14-3111)

Secs. 14-91—14-100. Reserved.

DIVISION 2. LICENSE*

Sec. 14-101. Required; permit prerequisite to issuance.

No billiard room shall be maintained without a license. Application for a permit to open a billiard room shall be filed at least ten days before the time of granting a license. (Code 1977, § 14-3102)

Sec. 14-102. Application.

Every applicant for a billiard room license shall file written application with the department of police, giving the full name and address, and the full names and addresses of all parties interested shall be given if more than one. If the applicant is a corporation, the application shall contain the names and addresses of all officers, as well as the state where organized, and the designation of the manager. The application shall further state the exact address where the room is to be conducted; the number of tables; the age of the applicant or manager if a corporation; whether a citizen of the United States; when, where and how long the applicant previously operated a billiard room; and the name and address of the owner of the property where the room is to be opened. The application must be signed by the applicant or if a corporation by the manager. (Code 1977, § 14-3103)

Sec. 14-103. Investigation, report.

The police chief shall transmit the application for a billiard room license to the license review board, which shall cause a complete investigation to be made into all the particulars of this division. When the investigation has been completed, the *State law reference—License authorized, O.C.G.A. § 438-2(b)(l).

license review board shall hold a public hearing on the application at a regularly scheduled license review board meeting and shall recommend to the mayor that the application for a license be granted or denied. The mayor, upon receiving the recommendation of the license review board, may, within 60 calendar days of receipt of said recommendation, deny or grant an application for a new license. In addition, within said 60-day period, if the mayor determines there is a need to correct a clear error or prevent a manifest injustice, the mayor may remand the application or matter back to the license review board for further hearing. If the mayor fails to take action within the 60-day period, the recommendation of the license review board shall become the final decision of the mayor. (Code 1977, § 14-3104; Ord. No. 2008-79(08-0 1677), § 3, 11-6-08)

Sec. 14-104. Rejection of application.

Every application for a license to operate a billiard room shall be rejected where the applicant is not of good character or has suffered a revocation of a previous license or if any other regulations have been violated. (Code 1977, § 14-3105)

Sec. 14-105. Expiration, renewal, transfer.

All billiard room licenses shall expire annually at the time fixed by the mayor or the mayor's designee and shall be renewed not later than January 1 of each year. No transfer of a license shall be made except with the consent of the mayor endorsed thereon. (Code 1977, § 14-3106)

Sec. 14-106. Posting.

A billiard room license must be posted in the billiard room where it can easily be seen. (Code 1977, § 14-3110)

Sec. 14-107. Revocation.

A billiard room license shall be revoked by the mayor for any violation of this article or other city laws pertaining thereto. The licensee shall be given ten days' notice of the revocation by the chief financial officer, on which the chief financial officer may have a full hearing, the revocation then to be finally determined. All misrepresentations as to operators or their successors, either with regard to character or former conduct of any billiard room, shall be grounds for revocation. (Code 1977, § 14-3107)

Secs. 14-108—14-130. Reserved.

ARTICLE V. RESERVED* Secs. 14-131—14-170. Reserved.

Sec. 14-171. 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:

Bungee jumping means a free fall by a person from a height and the descent is limited by attachment to the bungee cord. (Code 1977, § 14-3191)

Cross reference—Definitions generally, § 1-2.

Sec. 14-172. Investigation by police department.

The police chief shall designate one or more officers to obtain all of the information indicated in this article and to make a report on any matter pertinent to whether or not a license should be granted or revoked at any time. All departments of the city shall cooperate with these officers. The officers shall have admittance at all times to the *Editor‘s note—Ord. No. 2001-57, § l, adopted July 24, 2001, repealed §§ 14-131—14-135 and 14-146—14-148 in their entirety. Formerly said sections pertained to definitions, right of entry for purpose of inspection, duty of operator or manager to enforce article, frequenting by intoxicated persons, dances operated exclusively for minors, required license fee, license application, license issuance, license rejection and revocation as related to dancehalls. The user of this Code is directed to ch. 14, art. IX, divs. 1 and 2 for similar provisions. See the Code Comparative Table.

bungee jumping operation before and after a license may be issued and shall report all violations of this article in writing to the police chief. (Code 1977, § 14-3199)

Secs. 14-173—14-185. Reserved.

Sec. 14-186. Required.

No bungee jumping operation shall be maintained without a license. Application for a license to conduct a bungee jumping operation shall be filed on forms provided by the police chief at least 30 days before the time of granting a license. (Code 1977, § 14-3192)

Sec. 14-187. Permits and insurance required.

Prior to making application for a license under this division, the applicant must first obtain a permit from the state, a special use permit from the city and an insurance policy in the amount of $1,000,000.00. The permit from the state, the special use permit and the insurance policy shall be attached to the application. (Code 1977, § 14-3193)

Sec. 14-188. Contents and filing of application.

Every applicant for license under this division shall file written application with the department of police giving the full names and addresses of all interested parties. If the applicant is a corporation, the application shall contain the names and addresses of all officers, as well as the state where organized, besides designation of a manager. The application shall further state the exact address where the operation is to be conducted; the number of sites; the age of the applicant or manager if a corporation; whether a citizen of the United States; when, where and how long the applicant previously operated a bungee jumping operation; and the name and address of the owner of the property where the bungee jumping operation is to be opened. The application must be signed by the applicant or if a corporation by the manager. (Code 1977, § 14-3194)

Sec. 14-189. Review.

The police chief shall transmit the application for a license under this division to the license review board. All such applications for licenses shall be acted upon by the license review board after a public hearing and the license review board shall report its recommendations to the mayor. The mayor, upon receiving the recommendation of the license review board, may, within 60 calendar days of receipt of said recommendation, deny or grant an application for a new license. In addition, within said 60-day period, if the mayor determines there is a need to correct a clear error or prevent a manifest injustice, the mayor may remand the application or matter back to the license review board for further hearing. If the mayor fails to take action within the 60-day period, the recommendation of the license review board shall become the final decision of the mayor. (Code 1977, § 14-3195; Ord. No. 2008-79(08-0 1677), § 4, 11-6-08)

Sec. 14-190. Fee.

The fee for a license to conduct a bungee jumping operation shall be $1,000.00. (Code 1977, § 14-3200)

Sec. 14-191. Term, transfer.

All bungee jumping licenses shall expire annually at the time fixed by the mayor or the mayor's designee and shall be renewed not later than January 1 of each year. No transfer of a license shall be made except with the consent of the mayor endorsed thereon. (Code 1977, § 14-3196)

Sec. 14-192. Effect of state revocation of permit.

Whenever the state shall revoke any permit for the operation of bungee jumping, the city license to conduct a bungee jumping operation shall be automatically revoked without any action by the license review board or any city officer. (Code 1977, § 14-3197)

Sec. 14-193. Grounds for denial, revocation of license.

Secs. 14-194—14-215. Reserved.

ARTICLE VII. BURLESQUE THEATERS* DIVISION 1. GENERALLY

Sec. 14-216. 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:

Adequate parking means one parking space for each 50 square feet of customer service area within the premises of the applicant.

Burlesque theater means a place where musical entertainment is carried out consisting of a series of unrelated episodes and dances, all with the purpose of depicting or suggesting sex-centered subjects or objects, and which is not licensed by the city to sell alcoholic beverages therein.

Church means a permanent building where persons regularly assemble for religious worship.

College means only such state, county, city, church or other colleges as teach the subjects commonly taught in the common colleges of this state and does not include private colleges where only specialized subjects such as law, stenography, business, music, art, medicine, dentistry, vocational occupations and other special subjects are taught.

♦Charter reference—-Authority to regulate and control theatrical performances and shows, § l-102(c)(18)

License means the authorization by the mayor to conduct, operate and maintain a burlesque theater.

Licensee means a person, real or artificial, holding any class of license issued under this article.

Private residence means a house or dwelling wherein not less than one or more than three families customarily reside and does not include a mobile home, an apartment house having facilities for housing more than four families, a boardinghouse or roominghouse where there are five or more boarders or roomers or any residence which has been unoccupied for a period of six months immediately prior to the filing of an application.

School means only such state, county, city, church or other schools as teach the subjects commonly taught in the common schools of this state and does not include private schools where only specialized subjects such as law, stenography, business, music, art, medicine, dentistry, vocational occupations and other special subjects are taught.

Striptease means the removal of substantially all of the entertainer's apparel while dancing and the performing of gyrations of portions of the entertainer's body backward and forward in either fast or slow motion, including side-to-side and circular movements.

Zoning chapter means part 16 of this Code. (Code 1977, § 14-6071(1), (3)—(7), (11)—(14))

Cross reference—Definitions generally, § 1-2.

Sec. 14-217. Compliance with article required.

It shall be unlawful for any person to operate a burlesque theater without having first complied with this article, including obtaining a license for the operation of a burlesque theater. (Code 1977, § 14-6072)

Sec. 14-218. Hours of operation.

No licensee of a burlesque theater shall allow the operation of the burlesque theater between the hours of 3:25 a.m. to 12:00 noon, daily. (Code 1977, § 14-6079)

Sec. 14-219. Underage persons.

No licensee of a burlesque theater shall allow any person who is not at least 18 years of age to be admitted to the burlesque theater, (Code 1977, § 14-6078)

Secs. 14-220—14-230. Reserved.

Sec. 14-231. Application.

Sec. 14-232. Annual renewal; fee.

A license to operate a burlesque theater shall be renewed annually as of the date of the original issuance of the license. There shall be an initial and annual registration charge for the original issuance and renewal of each license issued pursuant to this article, which license fee shall not exceed $500.00 per annum. (Code 1977, § 19-14.023)

Sec. 14-233. Effect of applicant's conviction of crime.

No license or renewal license for the operation of a burlesque theater shall be issued to any person where any individual having an interest either as owner, partner, principal shareholder, directly beneficial or absolute, shall have been convicted within three years immediately prior to the filing of the application for any felony or misdemeanor of any state or the United States or any municipal ordinance relating to sex offenses and related matters and alcohol or drug offenses and related matters. (Code 1977, § 14-6074)

Sec. 14-234. Location restricted.

No burlesque theater license shall be issued to any location which is within 400 feet of any private residence, church, school or college, measured in all directions from the nearest wall enclosing the proposed burlesque theater to the nearest point of the property line of any private residence, church, school or college. Additionally, no burlesque theater license shall issue on any property which is classified under the zoning ordinance of the city as R-1, R-2, R-2A, R-3, R-3A, R-4, R-5, R-6 or R-G. (Code 1977, § 14-6076)

Sec. 14-235. Adequate parking required.

No burlesque theater license shall be issued if the applicant cannot demonstrate that the proposed burlesque theater shall have adequate parking facilities as defined in section 14-216. (Code 1977, § 14-6077)

Sec. 14-236. Revocation.

Any burlesque theater license issued shall be subject to revocation for the violation of this article, upon notification to the licensee and a hearing before the license review board. The notification shall contain a specification of the violation and shall be served upon the licensee, and the hearing on the revocation shall be held at least 14 days after service of the notice, at a time and place to be ascertained by the license review board. (Code 1977, § 14-6085)

Secs. 14-237—14-245. Reserved.

Sec. 14-246. Minimum age.

No burlesque theater licensee shall employ any person unless the person is 18 years old or older. (Code 1977, § 14-6082)

Sec. 14-247. Employment of persons convicted of crimes.

No licensee shall employ in any burlesque theater any person in any capacity, including but not limited to performers, entertainers and musicians, who have, within three years of the date of their employment, been convicted of any felony or misdemeanor of any state or the United States or any municipal ordinance relating to sex offenses and related matters and alcohol or drug offenses and related matters. (Code 1977, § 14-6081)

Sec. 14-248. Fingerprinting.

No person shall be employed by any burlesque theater unless the person shall have been fingerprinted by the department of police indicating the person is eligible for that employment. (Code 1977, § 14-6083)

Sec. 14-249. Performers mingling with patrons.

No performer or entertainer in a burlesque theater shall be allowed to mingle with patrons or be in the company of patrons on the premises at any time during, after or before the performance. No performer or entertainer shall have any physical contact with the patrons during a performance. (Code 1977, § 14-6080)

Secs. 14-250—14-300. Reserved.

Sec. 14-301. 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:

Agent I licensee means that person, real or artificial, holding any class of license issued under this article who is designated by the applicant in the application for a license to operate a lingerie modeling studio.

Lingerie modeling means entertainment or activity which consists of persons exhibiting or modeling lingerie or similar undergarments, as defined under "adult entertainment" in section 16-29.001(3)(e).

Lingerie modeling studio means any place or commercial establishment wherein the patron directly or indirectly is charged a fee or required to make a purchase in order to view entertainment or activity which consists of persons exhibiting or modeling lingerie or similar undergarments, as defined under "adult entertainment" in section 16-29.001(3)(e).

Lingerie modeling studio employee means any person who is employed in any capacity by a lingerie modeling studio. (Code 1977, § 14-6071(2), (8)—(10))

Cross reference—Definitions generally, § 1-2.

Sec. 14-302. Employees.

See. 14-303. Hours of operation.

No licensee of a lingerie modeling studio shall allow the operation of such establishment between the hours of 3:25 a.m. and 12:00 noon, daily. (Code 1977, § 19-14.039)

Sec. 14-304. Minors prohibited.

It shall be a ground for revocation for any licensee or employee to allow any minor to be on the lingerie modeling studio premises at any time. (Code 1977, § 19-14.038)

Secs. 14-305—14-320. Reserved.

Sec. 14-321. Required.

It shall be unlawful for any person to operate a lingerie modeling studio as defined in section 14-301 without having first complied with the provisions of this article, including the obtaining of a license for the operation of a lingerie modeling studio. (Code 1977, § 14-6611)

Sec. 14-322. Application.

Sec. 14-323. Investigation, granting or denial.

Sec. 14-324. Grounds for nonissuance.

Sec. 14-325. Renewal.

Licenses to operate a lingerie modeling studio establishment shall be renewed annually as of the date of the original issuance of the license for a fee of $3,000.00. All applications for renewal licenses shall furnish all data, information and records requested by the license review board or the department of police. The chief of police or designee shall have the authority to renew the license, and such decision may be appealed to the license review board for a hearing and recommendation to the mayor for final action. (Code 1977, § 19-14.036; Ord. No. 1999-27, § 3, 2-9-99)

Sec. 14-326. Revocation; hearing.

Sec. 14-327. Regulations.

Sec. 14-328. Physical layout of establishment.

Any lingerie modeling studio having available for customers, patrons, or members, any booth, room, or cubicle for the private viewing of any adult entertainment must comply with the following requirements:

Secs. 14-329—14-350. Reserved.

Sec. 14-351. Required.

Any individual working in a lingerie modeling studio as an independent contractor or as an employee shall first obtain a permit from the chief of police prior to beginning such work. Persons permitted under this article to exhibit or model lingerie or similar undergarments, as defined under "adult entertainment" in section 16-29.001(3)(e), may only provide such entertainment in an establishment licensed pursuant to this article. (Code 1977, § 14-6617(a); Ord. No. 2000-7, § 2, 2-15-00)

Sec. 14-352. Application; fee.

Sec. 14-353. Employees to be fingerprinted.

No person shall be granted an employee permit until such person has been fingerprinted by the department of police. (Code 1977, § 14-6617(c))

Sec. 14-354. Term.

Permits issued pursuant to this article shall expire 12 months from the date of issue or when the holder changes the location of employment, or when revoked. The department of police may prescribe reasonable fees for certifying the eligibility for employment. (Code 1977, § 14-6617(d))

Sec. 14-355. Employers, licensee or management to keep permits.

The management of lingerie modeling studio establishments shall keep all permits issued under this article in a place so that they may be inspected by any member of the police department any time. In case employment is terminated, the permit shall be returned to the employee by the management of such establishment. (Code 1977, § 14-6617(e))

Sec. 14-356. Grounds for nonissuance or revocation.

Sec. 14-357—14-369. Reserved.

Sec. 14-370. Application of this division.

Sec. 14-371. Definitions.

For the purposes of this division, words and terms shall have the following meanings:

Adult dance means any dance for patrons 18 years of age or older that is readily accessible to the public and which:

Adult dancehall means any place where a dance for persons 18 years of age and older is conducted, operated or maintained and includes the premises in which the adult dancehall is conducted, operated or maintained including but not limited to all parking areas, hallways, bathrooms and all adjoining areas on the premises accessible to the public during the dance.

Alcoholic beverages means and includes but is not limited to malt beverages, wine and distilled spirits. The terms "malt beverages", "wine", and "distilled spirits" shall have the same meaning as defined in chapter 10, article I, section 10-1.

Applicant means the person who files an application to operate an adult dance or adult dancehall and in whose name the license is issued.

Person means any individual, receiver, assignee, firm, co-partnership, joint venture, corporation, company, joint stock company, association, society, or any group or individuals, acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise.

Promoter means a person or the legal entity who assumes the financial responsibilities of an adult dance and/or adult dancehall, including but not limited to, contracting with the principals, renting the site and collecting the gate revenues.

Teens means those persons between the ages of 14 and 18 years of age.

Owner, as used in this section, (except when specific reference is made to the owner of the physical location or premises), shall include the owner, operator, manager or other person having supervision over an adult dancehall as defined herein.

Private party as used in this section means any event that is not readily accessible to the public and which is not held and conducted for a profit either, directly or indirectly, and which requires no monetary payment or contribution from any of the persons admitted. (Ord. No. 2001-57, § 3, 7-24-01)

Sec. 14-372. Duty of operator or manager to enforce article.

The applicant is considered, for purposes of this division, the owner, operator or manager of a teen dancehall. The applicant shall assure that the sections of this division are carried out. If the applicant fails to do so, either intentionally or by inadvertence, the applicant shall be deemed guilty of an offense for each such violation. (Ord. No. 2001-57, § 3, 7-24-01)

Sec. 14-373. Adult dancehall license.

No person shall conduct or operate an adult dance unless an adult dancehall license is obtained in accordance with the provisions of this division. The license required by this section shall be in addition to any other license required by law, and the operation of such a place as herein described shall not be construed to be incidental to some other business. (Ord. No. 2001-57, § 3, 7-24-01)

Sec. 14-374. Multiple licenses allowed.

All dancehall license holders shall have either a teen dance hall license as provided in article IX, division 2, or an adult dance hall license as provided herein, or both. Adult and teen dances cannot, however, be conducted at the same time in the same place. (Ord. No. 2001-57, § 3, 7-24-01)

Sec. 14-375. No alcoholic beverages allowed; intoxicated persons.

Sec. 14-376. Exceptions.

Sec. 14-377. Dancing for hire.

Sec. 14-378. Identification requirements for adult dances; penalty.

Sec. 14-379. Application.

Sec. 14-380. Appearance before the license review board.

Sec. 14-381. Grounds for denial or nonrenewal of a license.

In addition to all other grounds for denial stated in this division, no original, renewal, or amendment to any application for any license under this article shall be granted if the application or the evidence produced during a hearing before the license review board shows:

Sec. 14-382. Revocation.

Any adult dancehall license granted shall be subject to revocation for due cause. Whenever in the opinion of the license review board there is cause to revoke the license, a written notice of intention to revoke shall be furnished to the holder thereof five days before a regular or called meeting of the board, at which time the holder of the license may make such showing that the licensee may deem proper. After a hearing, the board shall report its recommendations to the mayor. The board can recommend a fine, suspension, or revocation the license. The mayor, upon receiving the recommendation of the license review board, may, within 60 calendar days of receipt of said recommendation, affirm or revise the recommendation made by the license review board. In addition, within said 60-day period, if the mayor determines there is a need to correct a clear error or prevent a manifest injustice, the mayor may remand the matter back to the license review board for further hearing. If the mayor fails to take action within the 60-day period, the recommendation of the license review board shall become the final decision of the mayor. (Ord. No. 2001-57, § 3, 7-24-01; Ord. No. 2008 79(08-0-1677), § 7, 11-6-08)

Sec. 14-383. Due cause.

Sec. 14-384. Appearance before the license review board.

Sec. 14-385. Issuance to persons with prior convictions.

No original license for the operation of an adult dancehall shall be issued to any person, partnership or corporation for pecuniary gain if any individual having an interest the license, either as owner, partner or principal stockholder, directly or indirectly beneficial or absolute, or the individual's spouse shall have been convicted or shall have taken a plea of nolo contendere, within ten years immediately prior to the filing of the application, for any felony or misdemeanor of any state or of the United States or any municipal ordinance, except traffic violations.

The term "conviction" includes an adjudication of guilt or a plea of guilty or nolo contendere or the forfeiture of a bond when charged with a crime; if the violation is for a misdemeanor or municipal ordinance, the license review board may, after investigation, recommend waiver of that disqualification. (Ord. No. 2001-57, § 3, 7-24-01)

Sec. 14-386. Security personnel.

Sec. 14-387. Police supervision.

The presence of any policeman at any adult dancehall shall not relieve the proprietor thereof, or any of his employees, from the responsibility of the provisions of this chapter or for violations of any law or ordinance or lawful rule of the chief of police or from responsibility for maintaining decency and order in said public dancehall. (Ord. No. 2001-57, § 3, 7-24-01)

Sec. 14-388. Right of entry for purpose of inspection.

Adult dancehalls shall at all times be open to the public authorities for entrance and inspection.

All peace officers of the city shall have free access to adult dancehalls when a dance is being conducted for the purpose of inspection and to enforce compliance with the provisions of this chapter. (Ord. No. 2001-57, § 3, 7-24-01)

Sec. 14-389. Hours of operation.

No adult dance or adult dancehall shall be conducted, operated, or otherwise open to the public between the hours 3:00 a.m. and 6:00 a.m. Sunday through Saturday. (Ord. No. 2001-57, § 3, 7-24-01; Ord. No. 2004-38, § 2, 6-24-04)

Sec. 14-390. Fees.

The annual fee for an adult dancehall license shall be $500.00. Such license shall be valid only for the calendar year issued, unless the city otherwise specifies on the license. (Ord. No. 2001-57, § 3, 7-24-01)

Sec. 14-391. Date for payment of license fees; prorated fees.

All annual license fees under this division shall be paid in advance on or before January 1 of each year. Any person granted a new or renewal license under this division during a calendar year shall pay the full license fee without proration, except that the fee for a new or renewal license granted after June 30 in any calendar year shall be 50 percent of the annual license fees for the remainder of that calendar year. (Ord. No. 2001-57, § 3, 7-24-01)

Sec. 14-392. Operating without a license; penalty.

Any person who shall conduct or operate an adult dance or dancehall without a valid license issued pursuant to this chapter shall be guilty of a misdemeanor. (Ord. No. 2001-57, § 3, 7-24-01)

Sec. 14-393. Violation of a municipal ordinance.

Upon conviction of a violation of any provision of this division, a person may be subject to a fine not to exceed $1,000.00 and costs, or imprisonment in the city jail for not more than 60 days, or work on the public streets or work on the public works of the city for not more than 60 days, or be subject to any one or more of the punishments, subject to all limitations contained in the Charter of the city. Each violation of this section shall constitute a separate offense. (Ord. No. 2001-57, § 3, 7-24-01)

Sec. 14-394. Action by the license review board.

If by action of the police department, a cause for imposition of penalty, fine, suspension or revocation is forwarded to the license review board (for a first violation or any subsequent violations) for review, the applicant shall provide a written statement from the owner or lessor of the location verifying the applicant has notified the owner/ lessor that a violation of this division by the applicant occurred at the owner/lessor’s location upon appearance before the license review board. (Ord. No. 2001-57, § 3, 7-24-01)

Sec. 14-395. Severability If any provision, clause, sentence or paragraph of this Code, or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this article which can be given effect without the invalid provisions or application and, to this end, the provisions of this Code are hereby declared to be severable.

Secs. 14-396—14-410. Reserved.

Sec. 14-411. Application of this division.

Sec. 14-412. Definitions.

For the purposes of this division, words and terms shall have the following meanings:

Alcoholic beverages means and includes but is not limited to malt beverages, wine and distilled spirits. The terms "malt beverages", "wine", and "distilled spirits" shall have the same meaning as defined in chapter 10, article I, section 10-1.

Applicant means the person who files an application to operate a teen dance or teen dancehall and in whose name the license is issued.

Owner, as used in this section, (except when specific reference is made to the owner of the physical location or premises), shall include the owner, operator, manager or other person having supervision over a teen dancehall as defined herein.

Person means any individual, receiver, assignee, firm, co-partnership, joint venture, corporation, company, joint stock company, association, society, or any group or individuals, acting as a unit, whether mutual, cooperative, fraternal, nonprofit or otherwise.

Private party as used in this section means any event that is not readily accessible to the public and which is not held and conducted for a profit, either directly or indirectly, and which requires no monetary payment or contribution from any of the persons admitted.

Promoter means a person or the legal entity who assumes the financial responsibilities of a teen dance and/or teen dancehall, including but not limited to, contracting with the principals, renting the site and collecting the gate revenues.

Teen dance means any dance for teenagers between the ages of 14 and 18 years of age that is readily accessible to the public and which:

Teen dancehall means any place where a "teen dance" is conducted, operated or maintained and includes but is not limited to all parking areas, hallways, bathrooms and all adjoining areas on the premises accessible to the public during the dance.

Teens means those persons between the ages of 14 and 18 years of age. (Ord. No. 2001-56, § 3, 7-24-01)

Sec. 14-413. Duty of operator or manager to enforce division.

The applicant is considered, for purposes of this division, the owner, operator or manager of a teen dancehall. The applicant shall assure that the sections of this division are carried out. If the applicant fails to do so, either intentionally or by inadvertence, the applicant shall be deemed guilty of an offense for each such violation. (Ord. No. 2001-56, § 3, 7-24-01)

Sec. 14-414. Teen dancehall license.

No person shall conduct or operate a teen dance unless a teen dancehall license is obtained in accordance with the provisions of this division. The license required by this section shall be in addition to any other license required by law, and the operation of such a place as herein described shall not be construed to be incidental to some other business. (Ord. No. 2001-56, § 3, 7-24-01)

Sec. 14-415. Multiple licenses allowed.

All dancehall license holders shall have either a teen dance hall license as provided herein or an adult dance hall license as provided in article IX, division 1, or both. Adult and teen dances cannot, however, be conducted at the same time in the same place. (Ord. No. 2001-56, § 3, 7-24-01)

Sec. 14-416. Chaperones.

Any person desiring to operate a dance for teens, whether or not an admission fee is charged, must have at least two adults per 100 persons at all times as chaperones when the dance is in progress, and a minimum of one chaperone for every additional 100 persons present at the dance. The dance shall terminate on or before 1:00 a.m. The chaperones must be over the age of 21. Security or law enforcement personnel can not be counted as chaperones. (Ord. No. 2001-56, § 3, 7-24-01)

Sec. 14-417. Termination time.

All teen dances shall terminate on or before 1:00 a.m. of any day on which a dance is held. (Ord. No. 2001-56, § 3, 7-24-01)

Sec. 14-418. No alcoholic beverages allowed.

Sec. 14-419. Participants.

Participants in attendance at the teen dance shall be limited to teenagers between the ages of 14 and 18 years of age. (Ord. No. 2001-56, § 3, 7-24-01)

Sec. 14-420. Exceptions.

Sec. 14-421. Additional prohibitions—Minors.

In accordance with the curfew laws of the city, no person under the age of 16 shall enter, remain, or dance in any teen dancehall after 11 p.m. on Sundays through Thursdays and after 12:00 midnight on Friday or Saturday unless accompanied by his or her parent or legal guardian. In addition, no person shall falsely represent himself or herself as a parent or legal guardian of any minor person in order that such minor person may attend or remain at a teen dancehall. (Ord. No. 2001-56, § 3, 7-24-01)

Sec. 14-422. Dancing for hire.

Sec. 14-423. Age restrictions; identification requirements; penalty.

Sec. 14-424. Application.

Sec. 14-425. Appearance before the license review board.

Sec. 14-426. Grounds for denial or nonrenewal of a license.

In addition to all other grounds for denial stated in this division, no original, renewal, or amendment to any application for any license under this article shall be granted if the application or the evidence produced during a hearing before the license review board shows:

Sec. 14-427. Revocation.

Any teen dancehall license granted shall be subject to revocation for due cause. Whenever in the opinion of the license review board there is cause to revoke the license, a written notice of intention to revoke shall be furnished to the holder thereof five days before a regular or called meeting of the board, at which time the holder of the license may make such showing that the licensee may deem proper. After a hearing, the board shall report its recommendations to the mayor. The board can recommend a fine, suspension, or revocation the license. The mayor, upon receiving the recommendation of the license review board, may, within 60 calendar days of receipt of said recommendation, affirm or revise the recommendation made by the license review board. In addition, within said 60-day period, if the mayor determines there is a need to correct a clear error or prevent a manifest injustice, the mayor may remand the matter back to the license review board for further hearing. If the mayor fails to take action within the 60-day period, the recommendation of the license review board shall become the final decision of the mayor. (Ord. No. 2001-56, § 3, 7-24-01; Ord. No. 2008 79(08-0-1677), § 8, 11-6-08)

Sec. 14-428. Due cause.

Sec. 14-429. Appearance before the license review board.

Sec. 14-430. Issuance to persons with prior convictions.

No original license for the operation of a teen dancehall shall be issued to any person, partnership or corporation for pecuniary gain if any individual having an interest, either as owner, partner or principal stockholder, directly or indirectly beneficial or absolute, or the individual's spouse shall have been convicted or shall have taken a plea of nolo contendere, within ten years immediately prior to the filing of the application, for any felony or misdemeanor of any state or of the United States or any municipal ordinance, except traffic violations. The term "conviction"

includes an adjudication of guilt or a plea of guilty or nolo contendere or the forfeiture of a bond when charged with a crime; if the violation is for a misdemeanor or municipal ordinance, the license review board may, after investigation, recommend waiver of that disqualification. (Ord. No. 2001-56, § 3, 7-24-01)

Sec. 14-431. Security personnel.

Sec. 14-432. Police supervision.

The presence of any policeman at any teen dancehall shall not relieve the proprietor thereof, or any of his employees, from the responsibility of the provisions of this chapter or for violations of any law or ordinance or lawful rule of the chief of police or from responsibility for maintaining decency and order in said public dancehall. (Ord. No. 2001-56, § 3, 7-24-01)

Sec. 14-433. Right of entry for purpose of inspection.

Teen dancehalls shall at all times be open to the public authorities for entrance and inspection. All peace officers of the city shall have free access to teen dancehalls when a dance is being conducted for the purpose of inspection and to enforce compliance with the provisions of this chapter. (Ord. No. 2001-56, § 3, 7-24-01)

Sec. 14-434. Hours of operation.

No teen dance or teen dancehall shall be conducted, operated, or otherwise open to the public between the hours of 1:00 a.m. and 8:00 a.m. (Ord. No. 2001-56, § 3, 7-24-01)

Sec. 14-435. Readmission fee.

No person conducting or operating a teen dance or teen dancehall shall permit any person, other than an employee, to leave the dance or dancehall and return unless that person pays a readmission fee equal to, or greater than, one-half the original price of admission. (Ord. No. 2001-56, § 3, 7-24-01)

Sec. 14-436. Fees.

The annual fee for a teen dancehall license shall be $500.00. Such license shall be valid only for the calendar year issued, unless the city otherwise specifies on the license. (Ord. No. 2001-56, § 3, 7-24-01)

Sec. 14-437. Date for payment of license fees; prorated fees.

All annual license fees under this division shall be paid in advance on or before January 1 of each year. Any person granted a new or renewal license under this division during a calendar year shall pay the full license fee without proration, except that the fee for a new or renewal license granted after June 30 in any calendar year shall be 50 percent of the annual license fees for the remainder of that calendar year. (Ord. No. 2001-56, § 3, 7-24-01)

Sec. 14-438. Operating without a license; penalty.

Any person who shall conduct or operate a teen dance or dancehall without a valid license issued pursuant to this chapter shall be guilty of a misdemeanor. (Ord. No. 2001-56, § 3, 7-24-01)

Sec. 14-439. Violation of a municipal ordinance.

Upon conviction of a violation of any provision of this division, a person may be subject to a fine not to exceed $1,000.00 and costs, or imprisonment in the city jail for not more than 60 days, or work on the public streets or work on the public works of the city for not more than 60 days, or be subject to any one or more of the punishments, subject to all limitations contained in the Charter of the city. Each violation of this section shall constitute a separate offense. (Ord. No. 2001-56, § 3, 7-24-01)

Sec. 14-440. Action by the license review board.

If by action of the police department, a cause for imposition of penalty, fine, suspension or revocation is forwarded to the license review board (for a first violation or any subsequent violations) for review, the applicant shall provide a written statement from the owner or lessor of the location verifying that the applicant has notified the owner/ lessor that a violation of this division by the applicant occurred at the owner/lessor’s location upon appearance before the license review board. (Ord. No. 2001-56, § 3, 7-24-01)

Sec. 14-441. Severability.

If any provision, clause, sentence or paragraph of this Code, or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this article which can be given effect without the invalid provisions or application and, to this end, the provisions of this Code are hereby declared to be severable. (Ord. No. 2001-56, § 3, 7-24-01)

Secs. 14-442—14-460. Reserved.

Chapters 15—17 Chapter 18 ANIMALS* Article I. In General Sec. 18-1.

Enforcement.

Sec. 18-2.

Removal of carcasses of small animals.

Sec. 18-3.

Disposal of carcasses of large animals.

Sec. 18-4.

Sale of carcasses of animals unfit for food.

Sec. 18-5.

Cruelty.

Sec. 18-6.

Keeping animals infected with contagious disease.

Sec. 18-7.

Enclosures for keeping small animals.

Sec. 18-8.

Sanitation of enclosures; storage, removal, use of manure.

Sec. 18-9.

Removal of canine fecal matter.

Sec. 18-10. Ordinances shall not be breed specific.

Sec. 18-11. Nuisance animals.

Secs. 18-12—18-30. Reserved.

Article II. Livestock Sec. 18-31. Definitions. Sec. 18-32. Running at large. Sec. 18-33. Impounding livestock at large. Sec. 18-34. Driving through streets. Sec. 18-35. Leaving horses in streets unattended or unbitted. Sec. 18-36. Grazing livestock on private property. Sec. 18-37. Keeping hogs or pigs prohibited. Sec. 18-38. Sale and feed stables. Sec. 18-39. Keeping hoofed animals. Sec. 18-40. Location of private stables. Sec. 18-41. Stalls on ground level. Secs. 18-42—18-60. Reserved.

Article III. Provisions Applicable to Portion of City Within DeKalb County Sec. 18-61. DeKalb County Animal Control Code incorporated by reference. Sec. 18-62. Duty of owner to keep dog under control. Sec. 18-63. Definition of dog under control. Sec. 18-64. Disposition of impounded dogs. Sec. 18-65. Duty of owner of dog to secure annual permit. Sec. 18-66. Enforcement agency designated. Sec. 18-67. Procedure. Sec. 18-68. Disposition of funds. Sec. 18-69. Statistical data. Secs. 18-70—18-99. Reserved.

*Charter reference—General authority relative to animals, § 1-102(c)(35). Cross references—Pets at Hartsfield-Jackson Atlanta International Airport, § 22-108; livestock at Hartsfield-Jackson Atlanta International airport, § 22-109; pets in Oakland Cemetery, § 38-51; health and sanitation, ch. 86; donation of horses and dogs for police purposes, § 98-50; acceptance of gifts of animals by commissioner of parks, recreation and cultural affairs, § 110-5; protection of animals in parks, § 110-69; pets in parks, § 110-70; horseback riding in parks, § 110-71; animal-drawn vehicles generally, § 162-26 et seq.; specific provisions applicable only to animal-drawn vehicles, § 162-146 et seq. State law references—Constitutional grant of home rule powers, Ga. Const. art. IX, § II; statutory grant of home rule powers, O.C.G.A. § 36-35-1 et seq.; animals generally, O.C.G.A. § 4-1-1 et seq.

Supp. No. 79 Article IV. Provisions Applicable to Portion of City Within Fulton County Division 1. Applicability and Enforcement Sec. 18-100. Applicability. Sec. 18-101. Violations. Sec. 18-102. Enforcement. Secs. 18-103—18-114. Reserved.

Division 2. Generally Sec. 18-115. Definitions. Sec. 18-116. Penalties for violation of article. Sec. 18-117. Severability. Sec. 18-118. Courts. Sec. 18-119. Enforcement of article. Sec. 18-120. Dog/cat license required. Sec. 18-121. Vaccination/license tag required. Sec. 18-122. Special permits. Sec. 18-123. Cruelty to animals. Sec. 18-124. Running at large. Sec. 18-125. Commercial guard/security dogs. Sec. 18-126. Confinement of female dogs in heat. Sec. 18-127. Skunks and foxes. Sec. 18-128. Wildlife or exotic animal. Sec. 18-129. Nuisances. Sec. 18-130. Animals as prizes. Sec. 18-131. Cruelty to elephants. Secs. 18-132—18-149. Reserved.

Division 3. Rabies Control Sec. 18-150. Vaccination required. Sec. 18-151. Rabies cases to be reported. Sec. 18-152. Quarantine. Secs. 18-153—18-169. Reserved.

Division 4. Vicious Animals and Dangerous or Potentially Dangerous Dogs Sec. 18-170. Precautions to be taken by owners. Sec. 18-171. Notice to dangerous or vicious dog owners. Sec. 18-172. Certificate of registration. Sec. 18-173. Confinement of dangerous or vicious animals. Secs. 18-174—18-189. Reserved.

Division 5. Impoundment and Redemption Sec. 18-190. Impoundment of dogs, domestic animals, livestock, owned wildlife, and exotic animals.

Sec. 18-191. Disposition of impounded animals. Sec. 18-192. Adoption of impounded animals. Secs. 18-193—18-210. Reserved.

Sec. 18-211. Sec. 18-212. Sec. 18-213. Sec. 18-214.

Article V. Pet Shops Definitions. Prohibition on the retail sale of animals. Recordkeeping and disclosures. Penalties.