Subd. 1. Licenses required. All establishments, including any business operating at the time this chapter becomes effective, operating or intending to operate adult-oriented business, shall apply for and
obtain a license from the City of Austin. A person is in violation of the City Code if he or she operates an adult-oriented business without a valid license issued by the City of Austin.
Subd. 2. Applications. An application for a license must be made on a form provided by the city.
A. 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.
B. The applicant must be qualified according to the provisions of this section and the premises must be inspected and found to be in compliance with the appropriate state, county, and local law and codes by the health official, fire marshal, and building official.
C. Application for license shall contain the address and legal description of the property to be used; the names, addresses, phone numbers, dates of birth of the owner, lessee, if any, the operator or manager, and all employees; the name, address, and phone number of two persons who shall be residents of the State of Minnesota and who may be called upon to attest to the applicant’s manager’s or operator’s character; whether the applicant, manager or operator has ever been convicted of a crime or offense other than a traffic offense and, if so, complete and accurate information the disposition thereof; the names and addresses of all creditors of the applicant, owner, lessee, or manager insofar as the regarding credit which has been extended for the purposes of constructing, equipping, maintaining, operating, or furnishing or acquiring the premises, personal effects, equipment, or anything incident to the establishment, maintenance and operation of the business.
D. If the application is made on behalf of a corporation, joint business venture, partnership, or any legally constituted business association, it shall submit along with its application, accurate and complete business records showing the names, addresses, and dates of birth of all individuals having an interest in the business, including partners, officers, owners, and creditors furnishing credit for the establishment, acquisition, maintenance, and furnishings of said business, and, in the case of a corporation, the names, addresses, and dates of birth of all officers, general managers, members of the board of directors as well as any creditors who have extended credit for the acquisition, maintenance, operation, or furnishings of the establishment including the purchase or acquisition of any items of personal property for use in said operation.
E. All applicants shall furnish to the city, along with their applications, complete and accurate documentation establishing the interest of the applicant and any other person having an interest in the premises upon which the building is proposed to be located or the furnishings thereof, personal property thereof, or the operation or maintenance thereof. Documentation shall be in the form of a lease, deed, contract for deed, mortgage deed, mortgage credit arrangement, loan agreements, security agreements, and any other documents establishing the interest of the applicant or any other person in the operation, acquisition or maintenance of the enterprise.
Subd. 4. Posting. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult-oriented Business. The license shall be posted in a conspicuous place at or near the entrance to the adult-oriented business so that it may be easily read at any time.
Subd. 5. Council action. The City Council shall act to approve or disapprove the license application within 30 days from the date of the application was submitted, provided that the application contains all of the information required by this chapter. If the application is deficient, the Council shall act on the application within 30 days from the date that the deficiency has been corrected.
Subd. 6. Appeals. Within 60 days after the decision by the Council, the applicant may appeal to the District Court by serving a notice upon the Mayor or Clerk of the City of Austin.
(Ord. 481, Second Series, passed 8-5-02) Penalty, see § 1.99