(a) An application for an adult entertainment business license shall be submitted to the Chief Building Officer on a form provided by the Building Department. The application may request and the applicant shall provide such information as reasonably necessary, including fingerprints, to enable the City to determine whether the applicant meets the qualifications established in this Chapter.
(b) An applicant for an adult entertainment business license shall identify and be executed by the following persons:
(1) If the business entity is owned by an individual, that individual.
(2) If the business entity is owned by a corporation, each officer and director of the corporation and each individual with a twenty percent (20%) or greater ownership interest in the corporation.
(3) If the business entity is owned by a partnership or limited liability company, each partner, member and individual with a twenty percent (20%) or greater ownership interest in the partnership or limited liability company.
(c) An application for an adult entertainment business license must designate one or more individuals who are to be principally responsible for the operation of the proposed adult entertainment business, if a license is granted. 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 license under this Chapter, and shall be considered a licensee if a license is granted.
(d) An application for an adult entertainment business license shall be completed according to the instructions on the application form, which shall require the following:
(1) If the applicant is:
A. An individual, state the legal name and any aliases of such individual;
B. A partnership, state the complete name of the partnership and each of its partners and whether the partnership is general or limited, and provide a copy of the partnership agreement;
C. A limited liability company, state the complete name of the limited liability company and each of its members, and provide a copy of the operating agreement of the limited liability company;
D. A corporation, state the complete name 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 address of the registered office for service of process.
(2) If the applicant intends to operate the adult entertainment business 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 applicable laws.
(3) State whether any applicant has been convicted of a specified criminal activity as defined in Section 581.02 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 for which the permit was denied, suspended or revoked, as well as the date of denial, suspension or revocation; and state whether the applicant has been a partner in a partnership, a member in a limited liability company, or an officer, director, or twenty percent (20%) or greater owner of a corporation licensed under this chapter who license has been previously 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 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.
(7) State the location of the proposed adult entertainment business including a legal description of the property, street address, and telephone number(s).
(8) State the mailing address and residential address of each applicant and each person signing the application.
(9) Submit a recent photograph of each applicant who is a natural person, clearly showing the applicant's face.
(10) Submit the fingerprints of each applicant who is a natural person, recorded by a duly qualified law enforcement official.
(11) State the driver's license number and Social Security number of each applicant who is 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.
(12) Submit proof that each applicant who is a natural person is at least eighteen (18) years old.
(13) Submit a sketch or diagram showing the configuration of the premises of the adult entertainment business including the location of all stages and customer seating and a statement of total floor space occupied by the business. The diagram shall also designate the place at which the adult business license will be conspicuously posted, if granted. The sketch or diagram need not be professional prepared, but it 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 (6) inches.
(14) If an applicant desires to operate an adult entertainment business which shall exhibit on the premises, in a booth, as defined in Section 581.02 of this Chapter, films, video cassettes, other video or image reproduction, or live entertainment which depict specified sexual activities, then the applicant shall comply with the additional application requirements set forth in Section 581.16 of this Chapter.
(15) Submit a current certificate and straight-line drawing prepared by a registered surveyor depicting the property lines and the structure containing the proposed adult entertainment business and the property lines of any established residential district or zoning district, church, private or public educational facility, public park, recreation area, or a licensed premises serving alcoholic beverages.
(Ord. 2010-26. Passed 4-5-10.)