(A) The operator of each sexually oriented business shall submit an application to the City Clerk together with an application fee of $1,500 prior to the commencement of business or within 60 days of the effective date of this chapter for any establishment already open for business. The City Clerk shall date stamp the application and shall promptly deliver the application to the Mayor. The application shall be made upon a form prepared by the Mayor and disseminated by the City Clerk.
(B) The application shall be signed and filed by a person having direct control or management of the proposed sexually oriented business. In instances where the applicant is a partnership, limited liability company or corporation, the application shall be signed and filed by a duly authorized partner, member, manager, officer, director, or majority shareholder of such entity, as the case may be. The application shall be sworn to be true and correct by the applicant.
(C) The applicant for a license shall furnish the following information:
(1) Name, and business and residence address of the applicant, owner, operator, manager and any other person having direct control or management of the sexually oriented business, including all fictitious names. If the applicant is a partnership, the names of all general partners. If the applicant is a limited liability company, the names of all members and managers of such company. If the applicant is a corporation, the names of all officers, directors and shareholders holding a 10% or greater interest in the total number of shares of such corporation;
(2) Name, and business and residence address of the spouse of each individual named in division (C)(1) of this section;
(3) Name and address of all employees and any other persons directly involved in the operation of the sexually oriented business, including all fictitious names;
(4) Written proof that the applicant is at least 18 years of age;
(5) A recent photograph of the applicant;
(6) The applicant's driver's license number and Social Security number or federal employer identification number;
(7) If the applicant is:
(a) A partnership, the application shall be accompanied by the partnership agreement, if any;
(b) A limited partnership, the application shall specify the name of the partnership, the date and state of the filing of its certificate of limited partnership, and the name and address of its statutory agent for service of process, and shall be accompanied by a copy of the partnership agreement, if any, and by evidence that such partnership is in good standing under the laws of the state;
(c) A limited liability company, the application shall specify the name of the company, the date and state of the filing of its articles of organization, and the name and address of its statutory agent for service of process, and shall be accompanied by a copy of the operating agreement, if any, and by evidence that such company is in good standing under the laws of the state;
(d) A corporation, the application shall specify the name of the corporation, the date and state of incorporation, and the name and address of its statutory agent for service of process, and shall be accompanied by a copy of its bylaws, if any, and by evidence that such corporation is in good standing under the laws of the state;
(e) Operating under a fictitious name, the application shall be accompanied by a copy of the applicant's recorded trade name certificate.
(8) The applicant's sexually oriented business or adult entertainment license or permit history, which shall include, but not be limited to, whether such person is currently licensed or has previously operated in this or another municipality or state under license; the names and locations of such businesses; whether the applicant has had such license suspended or revoked; the dates of and reasons for such suspension or revocation; and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation. Such history shall include any entity of which the applicant was a partner, member, officer, director or shareholder;
(9) Any criminal convictions of the applicant, operator, employees and other persons directly involved in the management or control of the sexually oriented business, to any crime involving moral turpitude, prostitution, obscenity or other sex-related crimes in any jurisdiction within three years of the date of filing of the application. Such crimes include, but are not limited to, obscenity, child pornography, prostitution, patronizing a prostitute, promoting or permitting prostitution, and sexual assault;
(10) The location of the sexually oriented business to be operated by the applicant, including the street address, legal description of the property, and telephone number, if any;
(11) The exact nature of the sexually oriented business to be conducted at the location;
(12) A sketch or diagram showing the configuration of the premises drawn to a designated scale and with marked dimensions of the interior of the premises, including a statement of total floor space occupied by the business. Such sketch or diagram shall include, without limitation, all doors, windows, bars, stages, manager's stations, restrooms, dressing rooms, booths, cubicles, rooms, studios, compartments, stalls, overhead lighting fixtures and any areas where patrons are not permitted; and
(13) A statement by the applicant that he/she is familiar with the provisions of this chapter, is in compliance with them, and consents to the authority of the city in licensing and regulating the proposed sexually oriented business.
(14) Authorization for the city, its agents and employees to obtain information to confirm any statements set forth in the application.
(15) Each applicant shall verify, under penalty of perjury, that all information contained in the application is true, accurate, and complete.
(D) The Mayor shall have the right to request additional information and documentation from the applicant and the proposed business to support or clarify any information previously provided.
(E) If a license to operate a sexually oriented business is granted, the information furnished in the application, including employee information, shall be updated within 30 days of any material changes. Such update shall be filed at the office of the City Clerk, who shall promptly forward such update to the Mayor.
(Ord. 8183-2018, passed 4-2-2018)