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(A) Business license. It shall be unlawful for any person to operate a sexually oriented business in the county without a valid sexually oriented business license.
(B) Employee license. It shall be unlawful for any person to be an employee, as defined in this chapter, of a sexually oriented business in the county without a valid sexually oriented business employee license, except that a person who is a licensee under a valid sexually oriented business license shall not be required to also obtain a sexually oriented business employee license. It shall be unlawful for any person who operates a sexually oriented business to employ a person at the establishment who does not have a valid sexually oriented business employee license.
(C) Application. An applicant for a sexually oriented business license or a sexually oriented business employee license shall file in person at the office of the County Administrator a completed application made on a form provided by the County Administrator. A sexually oriented business may designate an individual with an influential interest in the business to file its application for a sexually oriented business license in person on behalf of the business. The application shall be signed as required by division (D) herein and shall be notarized. An application shall be considered complete when it contains, for each person required to sign the application, the information and/or items required in this division, accompanied by the appropriate licensing fee:
(1) The applicant's full legal name and any other names used by the applicant in the preceding five years.
(2) Current business address or another mailing address, and an email address, for the applicant.
(3) Written proof of age, in the form of a driver's license, a picture identification document containing the applicant's date of birth issued by a governmental agency, or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency.
(4) If the application is for a sexually oriented business license, the business name, location, legal description, mailing address and phone number of the sexually oriented business, along with a list of the business's employees and a list identifying each of the business's operators, as defined in § 111.02.
(5) If the application is for a sexually oriented business license, the name and business address of the statutory agent or other agent authorized to receive service of process.
(6) A statement of whether an applicant has been convicted of or has pled guilty or nolo contendere to a specified criminal activity as defined in § 111.02, and if so, each specified criminal activity involved, including the date, place, and jurisdiction of each as well as the dates of conviction and release from confinement, where applicable.
(7) A statement of whether any sexually oriented business in which an applicant has had an influential interest, has, in the previous five years (and at a time during which the applicant had the influential interest):
(a) Been found by a court to have been operating unlawfully;
(b) Been enjoined by a court from engaging in conduct prohibited by law;
(c) Been held in contempt of court for operating contrary to a court order;
(d) Been declared by a court to be a nuisance; or
(e) Been subject to a court order requiring closure of the business or affirming revocation
of any license required to operate the business.
(8) An application for a sexually oriented business license shall be accompanied by a legal description of the property where the business is located and a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business and a statement of floor area visible or accessible to patrons for any reason, excluding restrooms. The sketch or diagram need not be professionally prepared but shall 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 inches. Applicants who are required to comply with the stage, booth, and/or room configuration requirements of this chapter shall submit a diagram indicating that the setup and configuration of the premises meets the requirements of the applicable regulations. The information provided pursuant to this division shall be supplemented in writing by certified mail, return receipt requested, to the County Administrator within ten working days of a change of circumstances which would render the information originally submitted false or incomplete.
(9) If the application is for a sexually oriented business license, a statement whether the applicant is the owner of the premises wherein the establishment will be operated or holds a lease thereon for the period to be covered by the license. If the applicant is a lease holder, a copy of the lease shall be submitted with the license application.
(10) If the application is for a sexually oriented business employee license, the name and address of the establishment where the applicant intends to use the employee license.
(D) Signature. A person who seeks a sexually oriented business employee license under this section shall sign the application for a license. If a person who seeks a sexually oriented business license under this section is an individual, he shall sign the application for a license as applicant. If a person who seeks a sexually oriented business license is other than an individual, each person with an influential interest in the sexually oriented business or in a legal entity that controls the sexually oriented business shall sign the application for a license as applicant. Each applicant must be qualified under this chapter and each applicant shall be considered a licensee if a license is granted.
(E) The information provided by an applicant in connection with an application for a license under this chapter will not be disclosed by the office of the County Administrator under public records laws except as may be required, and only to the extent required, by governing law or court order. Any information protected by the right to privacy as recognized by state or federal law shall be redacted prior to such disclosure.
(Ord. 07-06, passed 3-13-07; Am. Ord. 2023-15, passed 7-11-23) Penalty, see § 111.99
(A) Business license. Upon the filing of a completed application for a sexually oriented business license, the County Administrator shall issue a temporary license to the applicant within five business days if the completed application is from a preexisting sexually oriented business that is, in all respects, lawfully operating in the county and the completed application, on its face, shows that the applicant is entitled to an annual sexually oriented business license. The temporary license shall expire upon the final decision of the county to deny or grant an annual license. Within 30 days of the filing of a completed sexually oriented business license application, the County Administrator shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The County Administrator shall issue a license unless:
(1) An applicant is less than 18 years of age.
(2) An applicant has failed to provide information required by this chapter for issuance of a license or has falsely answered a question or request for information on the application form.
(3) The license application fee required by this chapter has not been paid.
(4) The sexually oriented business, as defined herein, is not in compliance with the interior configuration requirements of this chapter or is not in compliance with the location requirements of any ordinance or regulation in effect in the county.
(5) Any sexually oriented business in which an applicant has had an influential interest has, in the previous five years (and at a time during which the applicant had the influential interest):
(a) Been found by a court to have been operating unlawfully;
(b) Been enjoined by a court from engaging in conduct prohibited by law;
(c) Been held in contempt of court for operating contrary to a court order;
(d) Been declared by a court to be a nuisance; or
(e) Been subject to a court order requiring closure of the business or affirming revocation
of any license required to operate the business.
(6) An applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in § 111.02.
(7) The applicant is neither the owner of the premises wherein the establishment will be operated, nor the holder of a lease thereon for the period to be covered by the license.
(8) An employee or operator of the applicant operated a sexually oriented business that, in the previous five years (and due to conduct occurring when the person was an operator of the sexually oriented business) has:
(a) Been found by a court to have been operating unlawfully;
(b) Been enjoined by a court from engaging in conduct prohibited by law;
(c) Been held in contempt of court for operating contrary to a court order;
(d) Been declared by a court to be a nuisance; or
(e) Been subject to a court order requiring closure of the business or affirming revocation
of any license required to operate the business.
(B) Employee license. Upon the filing of a completed application for a sexually oriented business employee license, the County Administrator shall issue a temporary license to the applicant within three business days if the applicant seeks licensure to work in a licensed sexually oriented business and the completed application, on its face, shows that the applicant is entitled to an annual sexually oriented business employee license. The temporary license shall expire upon the final decision of the county to deny or grant an annual license. Within 30 days of the filing of a completed sexually oriented business employee license application, the County Administrator shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The County Administrator shall issue a license unless:
(1) The applicant is less than 18 years of age.
(2) The applicant has failed to provide information as required by this chapter for issuance of a license or has falsely answered a question or request for information on the application form.
(3) The license application fee required by this chapter has not been paid.
(4) Any sexually oriented business in which the applicant has had an influential interest, has, in the previous five years (and at a time during which the applicant had the influential interest):
(a) Been found by a court to have been operating unlawfully;
(b) Been enjoined by a court from engaging in conduct prohibited by law;
(c) Been held in contempt of court for operating contrary to a court order;
(d) Been declared by a court to be a nuisance; or
(e) Been subject to a court order requiring closure of the business or affirming revocation of any license required to operate the business.
(5) The applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in § 111.02.
(6) The applicant has expressed the intent to use the sexually oriented business employee license at an establishment that is not licensed by the county to operate a sexually oriented business.
(C) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to the licensee(s), the expiration date, and, if the license is for a sexually oriented business, the address of the sexually oriented business. The sexually oriented business license shall be kept on the premises of the sexually oriented business so that it may be inspected by the County Administrator and his or her agents at any time that the business is occupied by patrons or is open to the public. A sexually oriented business employee shall keep the employee's license on his or her person or on the premises where the licensee is then working.
(Ord. 07-06, passed 3-13-07; Am. Ord. 2023-15, passed 7-11-23)
The initial license and annual renewal fees for sexually oriented business licenses and sexually oriented business employee licenses shall be as follows: $100 for the initial fee for a sexually oriented business license and $50 for annual renewal; $50 for the initial sexually oriented business employee license and $25 for annual renewal.
(Ord. 07-06, passed 3-13-07; Am. Ord. 2023-15, passed 7-11-23)
Sexually oriented businesses and sexually oriented business employees shall permit the County Administrator and his or her agents to inspect, from time to time on an occasional basis, the portions of the sexually oriented business premises where patrons are permitted, for the purpose of ensuring compliance with the specific regulations of this chapter, during those times when the sexually oriented business is occupied by patrons or is open to the public. This section shall be narrowly construed to authorize only reasonable inspections of the licensed premises pursuant to this chapter.
(Ord. 07-06, passed 3-13-07; Am. Ord. 2023-15, passed 7-11-23)
(A) Each license shall remain valid for a period of one calendar year from the date of issuance unless otherwise suspended or revoked. Such license may be renewed only by making application and payment of a fee as provided in this chapter. When a renewal license is issued, it shall become effective the day after the previous license expires and shall remain valid for a period of one calendar year from its effective date unless otherwise suspended or revoked.
(B) Application for renewal of an annual license should be made at least 90 days before the expiration date of the current annual license, and when made less than 90 days before the expiration date, the expiration of the current license will not be affected.
(Ord. 07-06, passed 3-13-07; Am. Ord. 2023-15, passed 7-11-23)
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