(A) No sexually oriented business shall be permitted to operate without a valid sexually oriented business license issued by the Chief of Police for the particular classification of business. It shall be unlawful for any person to operate or cause to be operated a sexually oriented business without the license or without the presence of an operator who has been disclosed pursuant to division (B)(9) of this section. The Chief of Police shall not issue licenses to two or more classifications of sexually oriented businesses to operate in or on the same building, premises, structure, or other facility.
(B) An application for a license must be made by the owner of the business on a form prescribed by the Chief of Police and submitted to the Asheboro Police Department. The completed application shall contain the following information and shall be accompanied by the following documents:
(1) The full true name of the applicant.
(2) The full true name under which the sexually oriented business will be operated and, if the business will be operated in a name other than that of the applicant, a certified copy of the assumed name certificate prepared and recorded in the office of the county register of deeds pursuant to G.S. §§ 66-68 et seq.
(3) The type of sexually oriented business the applicant intends to operate.
(4) Whether the applicant intends to serve alcoholic beverages at the sexually oriented business and/or apply for an ABC permit of any kind.
(5) The physical address where the sexually oriented business is to be operated.
(6) If the owner of the real property upon which the sexually oriented business is to be operated is not the applicant, the name and address of the owner of the real property upon which the business is to be operated and a copy of the lease or rental agreement.
(7) The principal telephone number to be used by the sexually oriented business.
(8) If the applicant is:
(a) An individual, the applicant shall appear in person and deliver a completed and signed application form and provide the following information:
1. His or her present residence and business addresses and telephone numbers: and
2. A valid driver’s license or other government-issued picture identification.
(b) A partnership, limited liability company, or corporation, the applicant shall designate one of its partners, managers, or officers to act as its agent. Such person shall appear in person and deliver a completed and signed application form and shall provide the following information:
1. His or her present residence and business addresses and telephone numbers; and
2. A valid driver’s license or other government-issued picture identification.
(c) In the case of a partnership or limited liability company, if one or more of the partners or managers is a corporation, the provisions of division (8)(d) shall apply. Additionally, the following information shall be provided for the partnership or limited liability company:
1. The name, residence address, and telephone number of each partner or manager; and
2. A copy of the partnership agreement or operating agreement for the limited liability company.
(d) In the case of a corporation:
1. A certified copy of the articles of incorporation, a certified copy of the certificate of authority, and a certified copy of the most recent annual report filed with the Secretary of State; and
2. The name, residence address, and telephone number of each of its current officers and directors and of any stockholder holding 50% or more of the stock of the corporation.
(9) The name, residence address, and telephone number of each individual who will be an operator of the business.
(10) 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 to an accuracy of plus or minus six inches. The requirements of this division (B)(10) shall not apply for renewal applications if the applicant adopts a sketch or diagram that was previously submitted for the license sought to be renewed and if the licensee certifies that the licensed premises has not been altered since the immediately preceding issuance of the license and that the previous sketch or diagram continues to accurately depict the layout of the licensed premises.
(11) A copy of a valid zoning compliance letter/certification issued by the City of Asheboro Planning Department within three calendar months preceding the date of application for a license under this chapter to operate a sexually oriented business. Such a letter/certification must document full compliance by the applicant’s proposed land use with the Asheboro Zoning Ordinance as of the date of the issuance of the zoning compliance letter/certification. No fees shall be charged by the City of Asheboro Planning Department for zoning compliance letters/certifications requested by an applicant for the sole purpose of complying with the provisions of this chapter.
(C) The application shall be sworn to be true and correct by the applicant.
(D) An applicant for a license under this section shall have a continuing duty to promptly supplement application information required by this section if such information changes in any way from what is stated on the application. The applicant shall supplement the application on file with the Police Department within 30 days from the date of such change.
(E) If the Police Department determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, it 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 license shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.
(F) Issuance of a sexually oriented business license does not excuse a licensee from compliance with any other applicable ordinance, regulation, or statute. By issuing a sexually oriented business license, the Chief of Police has not determined that the recipient is in compliance with any applicable local, state, or federal regulations or laws or that the recipient is otherwise engaged in a legal activity or operating a business in a legal manner.
(‘69 Code, § 11-28) (Ord., passed 12-6-79; Am. Ord. 28 ORD 5-10, passed 5-6-10) Penalty, see § 113.19