(A) No sexually oriented business not already established at the time of enactment of this chapter shall be permitted to operate without a valid sexually oriented business permit issued by the town for the particular type of business. It shall be unlawful and a person commits an infraction if he or she operates or causes to be operated a nonexempt sexually oriented business without the permit.
(B) (1) The Town Council President or his or her designee is responsible for granting, denying, revoking, renewing, suspending, and canceling sexually oriented business permits for proposed or existing sexually oriented businesses. The Town Council President or his or her designee is also responsible for ascertaining whether a proposed sexually oriented business for which a permit is being applied for complies with all location requirements of §§ 113.03, 113.40, and 113.41, all applicable zoning laws and/or regulations now in effect or as amended or enacted subsequent to the effective date of this chapter in the town, and the town Comprehensive Plan.
(2) The Albany Police Department is responsible for providing information on whether an applicant has been convicted of a specified criminal act during the time period set forth.
(3) The town’s Code Enforcement Office is responsible for inspecting a proposed, permitted or non-permitted sexually oriented business in order to ascertain whether it is in compliance with applicable statutes and ordinances.
(C) An application for a permit must be made on a form provided by the town. Any person desiring to operate a sexually oriented business shall file with the town an original and two copies of a sworn permit application on the standard application form supplied by the town or designee.
(D) The completed application shall contain the following information and shall be accompanied by the following documents:
(1) If the applicant is:
(a) An individual, the individual shall state his or her legal name and any aliases and submit satisfactory proof that he or she is 18 years of age;
(b) A partnership, the partnership shall state its complete name, the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;
(c) A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of Indiana, the names and addresses of all officers, directors, and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.
(2) If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must state:
(a) The sexually oriented business’s fictitious name; and
(b) Submit the required Indiana registration documents.
(3) Whether the applicant or any of the other individuals listed pursuant to § 113.21 has, within the two- or five-year period as specified in § 113.22 immediately preceding the date of the application, been convicted of a specified criminal act, and if so, the specified criminal act involved, the date of conviction, and the place of conviction.
(4) Whether the applicant or any of the other individuals pursuant to § 113.21 and/or licenses of this chapter has had a previous permit under this chapter or other similar sexually oriented business ordinances from another town or county denied, suspended, or revoked, including the same and location oriented business for which the permit was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation, and whether the applicant or any other individuals listed pursuant to § 113.21 has been a partner in a partnership or an officer, director, or principal stockholder of a corporation that is permitted under this chapter whose permit has previously been denied, suspended, or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended, or revoked as well as the date of denial, suspension, or revocation.
(5) Whether the applicant or any other individual listed pursuant to § 113.21 holds any other permits and/or licenses under this chapter or other similar sexually oriented business ordinances from another town or county and, if so, the names and locations of such other permitted businesses.
(6) The single classification permit for which the applicant is filing.
(7) The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s), if any.
(8) The applicant’s mailing addresses and residential address.
(9) A recent photograph of the applicant(s).
(10) The applicant’s driver’s permit number, social security number, and/or his or her state or federally issued tax identification number.
(11) A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
(12) A current certificate and straight-line drawing prepared within 30 days prior to application by an Indiana registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this chapter within 1,000 feet of the property to be certified; the property lines of any established religious institution/ synagogue, school, or public park or recreation area within 1,000 feet of the property to be certified; and the property lines of any residentially zoned area or residential property within 1,000 feet of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.
(13) If a person who wishes to operate a sexually oriented business is an individual, he or she must sign the application for a permit as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 10% or greater interest in the business must sign the application for a permit as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a 10% or greater interest in the corporation must sign the application for a permit as applicant.
(14) If a person wishes to operate a sexually oriented business which shall exhibit on the premises films, video cassettes, or other video reproductions which depict specified sexual activities or specified anatomical areas, then the person shall comply with the application requirements stated in this chapter.
(E) Applicants for a permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event that the information changes in any way from what is stated on the application. The failure to comply with the continuing duty within 30 days from the date of the change, by supplementing the application on file with the Council President or his or her designee, shall be grounds for suspension of a permit.
(F) In the event that the Town Council President or his or her designee determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, he or she shall promptly notify the applicant of such fact and allow the applicant ten days to properly complete the application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.)
(G) The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with health, fire, and building codes and laws.
(H) The applicant shall be required to pay a non- refundable application fee of $100 at the time of filing an application under this section of this chapter.
(I) Prior to obtaining any permit or license to operate any sexually oriented business defined in this chapter, and as part of any application for a permit under this section, the applicant shall obtain from the town or its designee a certification that the proposed location of the business complies with the locational requirements of §§ 113.40 and 113.41 of this chapter.
(J) The fact that a person possesses other types of state or town permits and/or licenses does not exempt him or her from the requirement of obtaining a sexually oriented business permit.
(K) By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise by the Town Council President or his or her designee, the Albany Police Department, and all other town agencies charged with enforcing the laws, ordinances, and codes applicable in the town of their respective responsibilities under this chapter.
(L) The applicant shall be required to provide the town with the names of any and all employees who are required to be licensed under Indiana law pursuant to § 113.43. The applicant also agrees to allow a representative of the town to conduct an inspection of the names, ages, and dates of birth of all employees who are working at any reasonable time while the establishment is open. This shall be a continuing requirement even after a permit is granted or renewed.
(Ord. 1999-6, passed 5-24-99) Penalty, see § 113.99