(A) It shall be unlawful for any person to operate a sexually-oriented business in the city without a valid sexually-oriented business license.
(B) It shall be unlawful for any person to be an “employee”, as defined in this chapter, of a sexually-oriented business in the city without a valid sexually-oriented business employee license.
(C) An applicant for a sexually-oriented business license or a sexually-oriented business employee license shall file in person at the office of the Community Development Department a completed application made on a form provided by the Community Development Department. The application shall be signed by the applicant and notarized.
(D) (1) An application shall be considered complete when it contains the information required in divisions (D)(1)(a) through (D)(1)(f) below as follows:
(a) The applicant’s full true name and any other names used in the preceding five years;
(b) Current business address or another mailing address of the applicant;
(c) Written proof of age, in the form of a copy of a birth certificate or driver’s license or other picture identification document issued by a governmental agency;
(d) If the application is for a sexually-oriented business license, the business name, location, legal description, mailing address and phone number (if one currently exists) of the proposed sexually-oriented business;
(e) If the application is for a sexually-oriented business license, the name and address of the statutory agent or other agent authorized to receive service of process; and
(f) A statement of whether the applicant has been convicted or has pled guilty or nolo contendere to a specified criminal activity as defined in this chapter and, if so, the specified criminal activity involved, the date, place and jurisdiction of each. The statement shall also disclose whether the applicant has had a previous sexually-oriented business or sexually-oriented business employee license under this chapter or other sexually-oriented business ordinances from another city or county denied, suspended or revoked within the past two years, including the name and location of the sexually-oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant has been a partner in a partnership or an officer, director or stockholder with a controlling interest in a corporation that is licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the sexually-oriented business for which the permit was denied, suspended or revoked as well as the date of the denial, suspension or revocation.
(2) The information provided pursuant to divisions (D)(1)(a) through (D)(1)(f) above shall be supplemented in writing by certified mail, return receipt requested, to the Community Development Department within ten working days of a change of circumstances which would render the information originally submitted false or incomplete.
(E) An application for a sexually-oriented business license shall be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. 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 portions of this chapter relating to the physical design of facilities or premises shall submit a diagram meeting the requirements of that section.
(F) If a person who wishes to operate a sexually-oriented business is an individual, he or she shall sign the application for a license as applicant. If a person who wishes to operate a sexually-oriented business is other than an individual, each officer, director, general partner or other person who will participate directly in decisions relating to management and control of the business shall sign the application for a license as applicant. Each applicant must be qualified under § 115.021 of this chapter and each applicant shall be considered a licensee if a license is granted.
(G) A license or permit required by this chapter is in addition to any other licenses or permits required by the city, county or state to engage in the business or occupation. Persons engaged in the operation of a sexually-oriented business or in employment in a sexually-oriented business shall comply with all other applicable local, state and federal laws, ordinances and statutes, including zoning ordinances, as may be required.
(H) The information provided by an applicant in connection with an application for a license under this chapter shall be maintained by the Community Development Department on a confidential basis; except that, such information may be disclosed only to law enforcement agencies in connection with a law enforcement or public safety function, or as may be required by governing law or court order. The information provided by a sexually-oriented business license applicant in connection with the application for a license under this chapter shall be maintained by the Community Development Department.
(Prior Code, § 14.18.040) (Ord. 98-16, passed 4-23-1998; Ord. 05-04, passed 2-3-2005) Penalty, see § 115.999