(A) It shall be unlawful for any person to operate a sexually oriented business in the city without a valid sexually oriented business license or to employ an employee as defined in § 114.02 who does not have a sexually oriented business employee license.
(B) It shall be unlawful for any person to be an "employee," as defined in § 114.02, of a sexually oriented business in the city without a valid sexually oriented business employee license.
(C) (1) An applicant for a sexually oriented business license or a sexually oriented business employee license shall file the application at the office of the City Clerk-Treasurer or his or her designee a completed application made on a form provided by the Clerk-Treasurer. The application shall be signed by the applicant and notarized. The applicant shall submit one original and three copies of the application in an envelope provided by the Clerk-Treasurer. An application shall be considered complete when it complies with and contains the information required in this section, including the following:
(a) The applicant's full true name and any other names used in the preceding five years;
(b) Current business address or another mailing address of the applicant;
(c) Written proof of age, in the form of a copy of a birth certificate or a picture identification document issued by a governmental agency;
(d) If the application is for a sexually oriented business license, the business name, the classification of sexually oriented business (as set forth in § 114.03), location, legal description, mailing address, and phone number (if one currently exists) of the proposed sexually oriented business;
(e) If the application is for a sexually oriented business license, the name and address of the statutory agent or other agent authorized to receive service of process;
(f) The applicant's address for purposes of receiving certified mail or other notices from the city as provided herein; and
(g) The names of all employees of the sexually oriented business who are required to be licensed pursuant to this chapter.
(2) The information provided pursuant to divisions (1) through (7) of this subsection shall be supplemented in writing by certified mail, to the Clerk-Treasurer, within ten business days of a change of circumstances which would render the information originally submitted false or incomplete. This requirement includes a continuing requirement on the part of the applicant and/or licensee to supplement the names of employees of the sexually oriented business who are required to be licensed pursuant to this chapter and the names of licensed employees who no longer are employed by the sexually oriented business.
(D) An application for a sexually oriented business license shall 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 shall 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. Applicants who are required to comply with §§ 114.14 and 114.16 of this chapter shall submit a diagram meeting the requirements of those sections.
(E) If a person who wishes to operate a sexually oriented business is an individual, he shall sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each officer, director, general partner or other person who will participate directly in decisions relating to management and control of the business shall sign the application for a license as applicant. Each applicant must be qualified under § 114.05 and each applicant shall be considered a licensee if a license is granted.
(F) A person who possesses a regular business license is not exempt from the requirement, if applicable, of obtaining a sexually oriented business license and complying with the regulations in this chapter. A person who operates a sexually oriented business and possesses a video center license or theater license shall comply with the requirements and provisions of this chapter, when applicable.
(G) The information provided by an applicant in connection with an application for a license under this chapter shall be maintained by the Clerk-Treasurer on a confidential basis, except that such information may be disclosed only to law enforcement agencies in connection with a law enforcement or public safety function, or as may be required by governing law or court order. The information provided by an applicant in connection with the application for a license under this chapter shall be maintained by the Clerk-Treasurer.
(Ord. 2002-10, passed 8-17-02)