(A) (1) It is unlawful to establish, operate or cause to operate, a sexually oriented business without a valid license issued by the city for the particular type of business.
(2) An application for a license must be made to the Chief of Police on a form provided by the Chief of Police.
(3) The applicant must be qualified according to the provisions of this chapter. The application shall require and the applicant shall provide information and documentation as is specified in this chapter.
(4) If a person who wishes to operate a sexually oriented business is an individual, he or she must 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 of the business shall sign the application for a license as applicant. Each applicant must be qualified as required by this chapter and each applicant shall be considered as a licensee if a license is granted.
(5) The completed application for a sexually oriented business license shall contain the following information and shall be accompanied by the following documents. If the applicant is:
(a) An individual, the individual shall state his or her legal name and any aliases and submit proof that he or she is 18 years of age;
(b) A partnership, the partnership shall state its complete name and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement if any; and
(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 its state of incorporation, the name and capacity of all officers, directors and principal shareholders, and the name of its registered corporate agent and the address of the registered office for service of process.
(B) If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must state the sexually oriented business’s name and submit the required registration documents;
(C) Whether the applicant has been convicted of a crime as defined in this chapter, and if so, the crime, date, place and jurisdiction involved;
(D) Whether the applicant has had a previous license under this chapter or other similar sexually oriented business ordinances from another city or county 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 the denial, suspension or revocation, and whether the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this chapter whose license has been previously denied, suspended or revoked, including the name and location of the sexually oriented business for which the license was denied, suspended or revoked as well as the date of denial, suspension or revocation;
(E) Whether the applicant holds any other licenses under this chapter or other similar sexually oriented business ordinance from another city or county, and if so, the names and locations of the other licensed businesses;
(F) The classification of license for which the applicant is filing;
(G) The location of the proposed sexually oriented business, including a legal description of the property, street, address and telephone number(s), if any;
(H) The applicant’s mailing address and residential address;
(I) The applicant’s driver’s license number, social security number and state or federally issued tax identification number;
(J) The 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 to an accuracy of plus or minus six inches. Applicants who must comply with § 119.53 shall submit a diagram meeting the requirements of this division;
(K) A current certificate and straight-line drawing prepared within 30 days prior to the application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within 400 feet of the proposed location of the licensed premises, and further depicting the property lines and structures of any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities; or any public or private educational facility including, but limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, continuation schools, special education schools, junior colleges, community colleges and universities; or any park, or any residential district or use or any hospital; within 500 feet of the proposed location of the licensed premises; and
(L) If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room of less than 150 square feet of floor space, films, motion pictures, video cassettes, video reproductions, slides, laser or compact discs, other visual reproductions or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in § 119.53 of this chapter.
(Ord. 822, passed 4-26-2005; Ord. 1038, passed 9-27-2016)