(A) License required. Each individual to be employed in a sexually oriented business, as defined in § 113.02 of this chapter, who engages in the services rendered by a nude model studio, escort or escort agency, sexual encounter establishment, massage parlor (except for massage parlors licensed pursuant to this code), or a live performer or entertainer shall be required to obtain a sexually oriented business employee license. Each applicant shall pay a permit fee of $25. Said fee is to cover reasonable administrative costs of the licensing application process.
(B) Application.
(1) Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit on a form, to be provided by the Town Council or its designee, the following information:
(a) The applicant’s name or any other names (including “stage” names) or aliases used by the individual;
(b) Age, date and place of birth;
(c) Height, weight and hair and eye color;
(d) Present residence address and telephone number;
(e) Present business address and telephone number;
(f) Social Security number; and
(g) Acceptable written proof that the individual is at least 18 years of age.
(2) (a) Attached to the application form as provided above, a color photograph of the applicant clearly showing the applicant’s face and the applicant’s fingerprints on a form provided by the Police Department. Any fees for the photograph and fingerprints shall be paid by the applicant;
(b) A statement detailing the license or permit history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operating, or seeking to operate, in this or any other county, city, state or country has ever had a license, permit or authorization to do business denied, revoked or suspended, or had any professional or vocational license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, state the date and the name of the issuing or denying jurisdiction and describe in full the reasons for the denial, revocation or suspension. A copy of any order of denial, revocation or suspension shall be attached to the application; and
(c) Whether the applicant has been convicted of a specified criminal act as defined in § 113.07(C)(1)(j) of this chapter. This information shall include the date, place, nature of each conviction or plea of nolo contendere and identify the convicting jurisdiction.
(3) (a) The Town Council designee shall refer the sexually oriented business employee license application to the Police Department for an investigation to be made of such information as is contained on the application. The application process shall be completed within ten days from the date the completed application is filed.
(b) After the investigation, the Town Council or its designee shall issue a license unless the report from the Police Department finds that one or more of the following findings are true:
1. That the applicant has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a license, or in any report or record required to be filed with the Sheriff’s Department or other department of the town;
2. That the applicant is under 18 years of age;
3. That the applicant has been convicted of a specified criminal act as defined in § 113.07(C)(1)(j) of this chapter;
4. That the sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by particular provisions of this chapter; or
5. That the applicant has had a sexually oriented business employee license revoked by the town within two years of the date of the current application.
(C) Renewal of license.
(1) A license granted pursuant to this section shall be subject to annual renewal by the town’s Board of Public Works and Safety or its designee upon the written application of the applicant and a finding by the Town Council or its designee and the Police Department that the applicant has not been convicted of any specified criminal act as defined in § 113.07(C)(1)(j) of this chapter or committed any act during the existence of the previous license period which would be grounds to deny the initial permit application.
(2) The renewal of the license shall be the same as the initial application fee.
(Prior Code, § 50.13) (Ord. 2-2001, passed 5-23-2001) Penalty, see § 113.99