755.07 ADULT BUSINESS LICENSE APPLICATION.
(a) An application for an Adult Business License shall be submitted to the Building Commissioner of the City of Bedford Heights on a form provided by the Building Division. The application may request and the applicant shall provide such information as is reasonably necessary (including fingerprints) to enable the City to determine whether the applicant meets the qualifications established in this Chapter for the issuance of an Adult Business License.
(b) An application for an Adult Business License shall identify and be signed by the following persons:
(1) If the business entity is owned by an individual or group of individuals, that individual or those individuals.
(2) If the business entity is owned by a corporation or limited liability company, each officer or director of the corporation or limited liabilitly company and each individual with a ten percent (10%) or greater ownership interest in such entity.
(3) If the business entity is owned by a partnership, each partner and each individual with a ten percent (10%) or greater ownership interest in the partnership.
(c) An application for an Adult Business License must designate one or more individuals who, in the event a license is granted, are to be principally responsible for the operation of the proposed Adult Entertainment Business. At least one person so designated must be involved in the day-to-day operation of the proposed Adult Entertainment Business on a regular basis. Each person so designated, as well as the business entity itself, shall be considered a license applicant, must qualify as a licensee under this Chapter, and shall be considered a licensee if a license is granted.
(d) An application for an Adult Business License shall be completed according to the instructions of the application form, which shall require at least the following information:
(1) If the applicant is:
A. An individual, state the legal name and any aliases of such individual, plus the person's current residence address.
B. A partnership, state the complete name and current address of the partnership and all of its partners and whether the partnership is general or limited, and provide a copy of the partnership agreement, if any.
C. A corporation, state the complete name and address of its principal place of business of the corporation and the date of its incorporation, provide evidence that the corporation is in good standing under the laws of its state of incorporation, and state the names and capacity of all officers and directors, the name of the registered corporate agent, and the name and address of the registered officer for service of process.
D. Any other legal entity, state the name and current residence address of all individuals involved in such legal entity. State the legal nature of such entity and whether such entity is registered with any governmental office.
(2) If the applicant intends to operate the Adult Entertainment Business or Adult Motel under a name other than that of the applicant, state the fictitious name to be used and submit copies of documentation evidencing the registration of the business name under any applicable laws.
(3) State whether any applicant has been convicted of a "specified criminal activity" as defined in Section 755.02 of this Chapter, and if so, the specified criminal activity involved and the date, place and jurisdiction of each such conviction.
(4) State whether any applicant has had a previous license under this Chapter or other similar regulation of another jurisdiction denied, suspended or revoked, including the name and location of the Adult Entertainment Business or Adult Motel for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and state whether the applicant has been a partner in a partnership or an officer, director or ten percent (10%) or greater owner of a corporation or limited liabilty company licensed under this Chapter whose license has previously been denied, suspended or revoked, including the name and location of the business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
(5) State whether any applicant holds or has held within the five (5) year period immediately preceding the date of the filing of the application any other licenses under this Chapter or other similar regulation from this or another jurisdiction and, if so, the names and locations of such other licensed businesses.
(6) State the classification of license for which the applicant is filing. See listings under Section 755.03.
(7) State the location of the proposed Adult Entertainment Business or Adult Motel, including a legal description of the property (i.e., block and lot), street address, permanent parcel no., and telephone number(s), if any.
(8) State the mailing address of each applicant and each person signing the application if different than the applicant's residence address.
(9) Submit a recent photograph of each applicant who is a natural person, taken by the Bedford Heights Police Department, which clearly depicts the applicant's face.
(10) Submit the fingerprints of each applicant who is a natural person, as taken and recorded by the Bedford Heights Police Department.
(11) For any applicant who is a natural person, describe and identify the location of any tattoos or other distinguishing marks or features on such person's face, arms, legs or hands, or any other anatomical area that normally would be visible when such person is on the premises of the proposed Adult Entertainment Business or Adult Motel.
(12) State the driver's license number and social security number of each applicant who is a natural person and each person signing the application or, for an applicant that is not a natural person, the applicant's federally issued tax identification number.
(13) Submit adequate proof that each applicant who is a natural person is at least eighteen (18) years of age.
(14) Submit detailed plans and drawings showing the configuration of the premises of the Adult Entertainment Business or Adult Motel, including the location of all stages and customer seating and a statement of total floor space occupied by the business. The plans and drawings shall also designate the place at which the Adult Business License will be conspicuously posted at or near the entrance to the business, if granted. The plans and drawings shall contain such detail and in all other respects comply with the applicable provisions contained in the City's Planning and Zoning Code and the City's Building Code.
(15) If an applicant wishes to operate an Adult Entertainment Business, other than an Adult Motel, which shall exhibit on the premises, in a video or viewing booth, as defined in Secton 755.02 of this Chapter, films, video cassettes, other video or image reproduction, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the additional application requirements set forth in Section 755.19 of this Chapter.
(Ord. 2004-108. Passed 7-6-04.)