(A) It is unlawful for any person to operate a sexually oriented business without a valid sexually oriented business license issued by the City Clerk pursuant to this chapter.
(B) An application for a license must be made on a form prescribed by the Chief of Police. An application must be accompanied by 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 must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises.
(1) The applicant and the applicant's spouse shall provide to the Chief of Police fingerprints and/or any other necessary identification information which may be required by the Chief of Police.
(2) The Chief of Police shall check the state repository for criminal history to determine if an applicant and/or an applicant's spouse has been convicted of a crime involving any offense described in Articles 7A, 26, 26A, 27, 37, or 39 of Chapter 14 of the North Carolina General Statutes; or, any similar offenses to those described herein under the criminal or penal code of North Carolina, other states, Albemarle, other cities, other countries, or facilitation, attempt, conspiracy or solicitation to commit any of the foregoing offenses for which:
(a) Less than two years have lapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
(b) Less than five years have lapsed since the date of conviction;
(c) Less than five years have lapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24 month period.
(C) The application may request and the applicant shall provide such information as to enable the Chief of Police and the City Clerk to determine whether each applicant meets the qualifications established in this chapter.
(D) Each applicant must be qualified under § 68.03 and each applicant shall be considered a licensee if a license is granted.
(Ord. 97-09, passed 3-17-97) Penalty, see § 68.99