(A) Any person desiring to obtain a sexually oriented business operator, manager, adult services provider or employee permit shall make application to the City Clerk. The application shall be on a form prescribed by the Chief of Police and made available by the City Clerk.
(B) The application shall be signed under oath by each individual listed as an applicant and notarized, and shall be accompanied by the fee required under Vol. I, § 8-11-9.
(C) The application shall include 2 original duplicates of a current photograph and the fingerprints of each applicant. Fingerprints shall be taken at the Apache Junction Police Department, or by any other law enforcement agency if accompanied by a notarized verification by that agency, all at the sole expense of the applicant.
(D) The application shall be deemed filed with the city when the City Clerk has received the required fee in full, a completed application with all information required under division (F) below, and the photograph and fingerprints of each applicant. In the case of a sexually oriented business operator permit application, the applicant shall file 4 copies with the City Clerk, including all addendum or attachments thereto, with 1 copy being kept on file with the City Clerk, 1 copy being forwarded from the City Clerk to the Chief of Police, 1 copy being forwarded to the Zoning Administrator, and 1 copy being forwarded to the Building Official. In the case of a sexually oriented business manager, adult services provider or employee permit, the applicant need only file 2 copies with the City Clerk, who shall retain one for official city records, and shall forward one to the Chief of Police for a background investigation.
(E) If a person desiring to operate a sexually oriented business is an individual, that individual must be listed as the applicant and also as the designated permit holder. If a person desiring to operate a sexually oriented business is a legal entity other than an individual, each officer, director or general partner of the entity, and any other individual who will participate directly or indirectly in decisions relating to management of the business, must be listed in the application as an applicant, and must provide their photograph and fingerprints as provided in division (C) above, sign the application under oath witnessed by a notary public, and must provide all of the information required under division (F) of this section.
(F) In addition to other information as may be requested on the face of the application form, the application shall include the following information and items:
(1) Name, premises address, business mailing address if different than premises address, phone number of proposed sexually oriented business and emergency phone number;
(2) If the applicant is a corporation, the state and date of incorporation, and evidence that the corporation is in good standing under the laws of the State of Arizona, the name of the registered corporate counsel and agent, and address of the registered office for service of process;
(3) If the applicant is a partnership, names of all partners and whether the partnership is general or limited, as well as a copy of the partnership agreement;
(4) Each applicant's full true name and any other names, aliases or stage names used in the preceding 5 years;
(5) Each applicant's current residential mailing address and telephone number;
(6) A copy of each applicant's driver's license with picture or other picture identification issued by a governmental agency within the last 2 years;
(7) The issuing jurisdiction and the effective date of any license or permit relating to the operation of a sexually oriented business or relating to the provision of any adult services which is held or has been held at any time by any applicant or by the designated permit holder, whether any such license or permit has been revoked or suspended, and the reasons thereof;
(8) Any criminal conviction of any applicant or of the designated permit holder in the preceding 3 years for a sexual offense described in A.R.S. §§ 13-1401 through 13-1424, a racketeering offense as described in A.R.S. § 13-2301(D)(4), a prostitution offense as defined in A.R.S. §§ 13-3201 through 13-3214, a drug offense described in A.R.S. §§ 13-3401 through 13-3424, or a sexual exploitation of children offense described in A.R.S. §§ 13-3551 through 13-3559;
(9) The names of the sexually oriented business managers who will have actual supervisory authority over the operation of the business;
(10) An accurate to scale floor plan or diagram of the business premises clearly showing the configuration of the interior and exterior areas, including a statement of total floor space occupied by the business. The location of where the license will be conspicuously posted, as well as the location of the manager's station and overhead lighting fixtures, and all areas in which patrons will not be permitted to enter. The diagram need not be professionally drawn, but should be oriented to the north or to some designated street and shall be drawn to a designated scale or with marked dimensions sufficient to show the various interior dimensions;
(11) A certificate and straight line drawing prepared within 30 calendar days prior to application depicting the building and the portion thereof to be occupied by the sexually oriented business, and the property line of any other sexually oriented business located within 1,000 of the property line of any other sexually oriented business, as well as the property lines of any church, school, park, private residences and other businesses and uses delineated in Vol. II, §§ 1-17-1-12(A), 1-17-2-12(A), and Chapter 1; and
(12) The City Clerk may waive the foregoing diagram and drawing requirements for renewal applications if the applicant adopts a diagram and drawing which was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(G) Divisions (F)(10) and (F)(11) above are not applicable to applicants desiring a sexually oriented business manager, adult services provider or employee permit.
(Am. Ord. 1296, passed 5-1-2007)