(A) Adult establishment business license.
(1) All persons desiring to secure a license to conduct operate or maintain an adult establishment under the provisions of this chapter shall make a verified application to the Zoning Administrator. All applications shall be submitted in the name of the person proposing to conduct, operate or maintain the adult establishment. All applications shall be submitted on a form supplied by the Zoning Administrator and shall require the following information:
(a) The applicant’s full name and any aliases or other names by which the applicant is known or which the applicant has used at any time, and the residence address for the past two years, the business and home telephone numbers, occupation, date and place of birth, Social Security number, driver’s license number and a recent photograph of the applicant;
(b) 1. The name of the adult establishment, a description of the adult entertainment to be performed on the licensed premises, the name of the owner of the premises where the adult establishment will be located, the business address and county parcel identification number on which the business resides;
2. If the person identified as the fee owner(s) of the tract of land in division (A)(1)(b)1. above is/are not also the owner(s) of the establishment, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right to owners or proposed owners of the adult establishment to have or obtain the use and possession of the tract or portion thereof that is to be used for the purpose of the operation of an adult establishment;
3. 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 1,000 feet of the property to be certified; the property lines of any established religious institution/synagogue, school, library or public park recreation area within 1,000 feet of the property to be certified. For purpose of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted; and
4. Any of the criteria above shall not be required for a renewal application if the applicant states that the documents previously furnished the Zoning Administrator with the original application or previous renewals thereof remain correct and current.
(c) The names, residence addresses for the past two years, Social Security numbers and dates of births of all partners, if the applicant is a partnership; and, if the applicant is a corporation, the same information for all corporate officers, directors and individuals having a 10% or greater interest in the corporation;
(d) 1. A statement from the applicant, or from each partner, or from each corporate officer, director or 10% shareholder that each such person has not been convicted of, released from confinement for conviction of, or diverted from prosecution on:
a. A felony criminal act within five years immediately preceding the application; or
b. A misdemeanor criminal act within two years immediately preceding the application.
2. Where such felony or misdemeanor criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography or related offenses as defined in the laws of the state or any other comparable violation of the laws of this state or the laws of any other state.
(e) If the applicant is a corporation, a current certificate of existence issued by the state’s Secretary of State;
(f) A statement signed under oath that the applicant has personal knowledge of the information contained in the application and that the information contained therein is true and correct and that the applicant has read the provisions of this chapter regulating adult establishments;
(g) All applicants shall submit to fingerprinting by a police officer. The fingerprint cards shall be submitted to the S.B.I. for processing. Returned fingerprint cards and criminal histories shall be kept on file in the Police Department; and
(h) A statement signed under oath that the applicant(s) consents to investigation of his/her background by the town to include fingerprinting and that the applicant(s) agrees to furnish within ten days at his or her expense, a criminal history from the clerk of court of any county in which the applicant has resided during the five preceding years.
(2) Failure to provide the information and documentation required by this division (A) shall constitute an incomplete application and it shall not be processed until complete.
(B) Adult entertainer license.
(1) All persons desiring to secure a license under the provisions of this chapter to be an entertainer shall make a verified application to the Zoning Administrator. All applications shall be made in person to the Zoning Administrator or his or her designee. All applications shall be submitted on a form supplied by the Zoning Administrator and shall require the following information:
(a) The applicant’s full name and any aliases or other names by which the applicant has used at any time, and the residence addresses for the past two years, the home telephone number, date and place of birth, Social Security number and any stages or nicknames used in entertaining;
(b) The name and address of the adult establishment where the applicant intends to work as an entertainer;
(c) A statement from the applicant, that the applicant has not been convicted of, released from confinement for conviction of or diverted from prosecution on:
1. A felony criminal act within five years immediately preceding the application; or
2. A misdemeanor criminal act within two years immediately preceding the application, where such felony or misdemeanor criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography or related offenses as defined in the laws of the state or any other comparable violation of the laws of this state or the laws of any other state.
(d) Photographs shall be taken of the applicant by the Zoning Administrator or his or her designee and the Zoning Administrator shall have the photographs processed and retain the copies;
(e) All applicants shall submit to fingerprinting by a police officer. The fingerprint cards shall be submitted to the S.B.I. for processing. Returned fingerprint cards and criminal histories shall be kept on file in the Police Department;
(f) The applicant shall present to the Zoning Administrator for copying documentation that the applicant has attained the age of 21 years at the time the application is submitted. Any of the following shall be accepted as documentation of age:
1. A motor vehicle operator’s license issued by any state, bearing the applicant’s photograph and date of birth;
2. A state-issued identification card bearing the applicant’s photograph and date of birth;
3. An official and valid passport issued by the United States of America;
4. An immigration card issued by the United States of America;
5. Any other form of picture identification issued by a governmental entity that is deemed reliable by the Town Manager; or
6. Any other form of identification deemed reliable by the Zoning Administrator.
(g) A statement signed under oath that the applicant consents to investigations of his or her background by the town to include fingerprinting and that the applicant agrees to furnish within ten days at his or her expense, a criminal history check from the clerk of court of any county in which the applicant has resided during the five preceding years.
(2) Failure to provide the information required by this division (B) shall constitute an incomplete application and it shall not be processed until complete.
(C) Application processing. Upon receipt of a complete application for an adult establishment license or for an entertainer license, the Zoning Administrator shall immediately commence investigation of the application as follows:
(1) In case of an application for a license for an adult establishment, the Zoning Administrator shall:
(a) Transmit a copy of the application to the Town Manager, the Zoning Board of Adjustment and to the Police Chief;
(b) Report to the Town Manager no later than 15 working days after the receipt of the application whether or not a proposed adult establishment complies with the requirements of the zoning ordinance regarding location of the adult establishment, building, fire, health or similar state or local code(s). In the event that Zoning Administrator fails to report to the Town Manager within this time period, the Town Manager shall proceed with processing the application;
(c) The Zoning Board Adjustment shall conduct a hearing on the application to confirm compliance with §§ 152.221 and 152.269 of this code of ordinances. If the Board confirms compliance then a conditional use permit shall be granted and the finding to the transmitted Zoning Administrator and the Town Manager within 20 working days of the filing of the conditional use permit;
(d) The Police Chief shall report to the Zoning Administrator and the Town Manager no later than 15 working days after the receipt of the application by the Police Chief the results of his or her investigation of the applicant. In the event that the Police Chief fails to report to the Zoning Administrator within this time period, the Zoning Administrator shall proceed with processing the application; and
(e) Upon completion of his or her investigation, payment of the applicable license fee, and upon receipt of the report of the Zoning Administrator, the Zoning Board of Adjustment and the Police Chief (or upon expiration of the time periods referenced above without receiving a report), the Zoning Administrator shall determine whether or not a license shall be issued. In no event shall the time period for determination by the Zoning Administrator exceed 45 working days from the date of the filing of the conditional use permit or date of the application, whichever is greater, by the Zoning Administrator, unless consented to by the applicant.
(2) In case of an application for a license for an entertainer, the Town Manager shall:
(a) Transmit a copy of the application to the Police Chief;
(b) The Police Chief shall report to the Zoning Administrator and the Town Manager no later than ten working days after receipt of the application by the Police Chief the results of his or her investigation of the applicant. In the event that the Police Chief fails to report to the Zoning Administrator within this time period, the Town Manager shall proceed with processing the application; and
(c) Upon completion of his or her investigation, payment of the appropriate license fee, and upon receipt of the report of the Police Chief (or upon expiration of either or both time periods referenced above without receiving a report), the Zoning Administrator shall determine whether or not a license shall be issued. In no event shall the time period for determination by the Zoning Administrator exceed 15 days from the date the application is received by the Zoning Administrator, unless consented to by the applicant.
(D) Reasons for disapproval. The Zoning Administrator must deny the license application for one or more of the following reasons:
(1) The license application is incomplete so as to not contain all information required by this chapter;
(2) The applicant (including any partners, corporate officers, directors, and shareholders where applicable), has been convicted of a crime in the local, state or federal court system for any violations listed in this section;
(3) The applicant (including any partners, corporate officers and directors, where applicable), has made false or fraudulent statements in the application, evidence of which is disclosed by a town background investigation or by any other lawful means;
(4) The application for an adult establishment does not meet the requirements of this chapter; and
(5) The applicant for a sexually-oriented business has not received a conditional use permit from the Zoning Board of Adjustment.
(E) Notice of approval or disapproval.
(1) Upon determination by the Zoning Administrator of the disapproval or approval of the application, the Zoning Administrator shall notify the applicant by personal delivery or certified mail, return receipt requested, to the address of the applicant as shown on the application. In the event that the application is disapproved, the notification shall state the basis for such disapproval.
(2) In the event an application is disapproved, the applicant shall have 30 days from the receipt of this notice of disapproval to appeal the determination to the Zoning Board of Adjustment pursuant to § 152.270 of this code of ordinances.
(F) Changes to application. All applicants shall notify the Zoning Administrator of any changes to the application within five working days of the date that the change occurs.
(Prior Code, § 112.04) (Ord. passed 3-13-2000)