(A) No person shall maintain, operate, conduct, or cause to be conducted, any sexually oriented business within the limits of town without first obtaining a permit under this section.
(B) An applicant for a sexually oriented business permit shall file with the Town Council a completed application made on a form prescribed and provided by the Town Council. An application shall be considered complete if it includes the information required in this section. The applicant shall be qualified according to the provisions of this chapter. The application is complete when it includes the information and items required in divisions (B)(1) and (B)(2) below:
(1) An application for permit must contain the following information:
(a) The full true name of the applicant, and any other names or aliases used;
(b) The applicant’s current business or mailing address;
(c) Proof that the applicant is at least 18 years of age, consisting of either:
1. A copy of the applicant’s birth certificate and current photo;
2. A copy of the applicant’s driver’s license with picture; or
3. Another picture identification document issued by a government agency.
(d) The name of the business, the business location, the legal description of the property, and a description of the type of sexually oriented business;
(e) 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;
(f) A signed statement stating:
1. The business is authorized by the state to conduct business within the state;
2. The site being applied for meets the requirements of § 112.15; and
3. The name and address of the statutory agent or other agent authorized to receive service of process.
(g) If a person wishing to operate a sexually oriented business is an individual, he or she shall sign the application for a permit as applicant. If an entity (partnership, corporation, limited liability company, and the like) or group of individuals seeks to obtain a permit, each individual with 30% or greater ownership interest must sign as an applicant under oath and provide the information required in this section.
(2) The applicant shall be required to pay a non-refundable application fee as set forth in § 112.39.
(C) The information provided by an applicant in connection with the application for a permit under this chapter shall be maintained by the town on a confidential basis, and may be disclosed only:
(1) To other governmental agencies in connection with a bona fide law enforcement or public safety function; or
(2) As may otherwise be required by law or a court order.
(D) Applicants for a permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event that the information changes in any way from what is stated on the application. The failure to comply with this continuing duty within 30 days from the date of the change by supplementing the application on file with the Town Council shall be grounds for suspension of a permit.
(E) In the event that the Town Council or their designee determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, the Town Council shall promptly notify the applicant of that fact and allow the applicant ten days to properly complete the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.
(2011 Code, § 112.08) (Ord. 2005-04, passed 10-3-2005) Penalty, see § 10.99