(A) Sexually oriented business license. It shall be unlawful for any person to operate a sexually oriented business in the town without a valid sexually oriented business license issued under this chapter.
(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 town without a valid sexually oriented business employee license issued under this chapter, 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 Building Commissioner a completed application made on a form provided by the Building Commissioner. 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) 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 (C), 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 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; and a list of the business's employees that specifically identifies each operator, as defined by § 117.02, of the business;
(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 this chapter, 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 area 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. See §§ 117.05 and 117.07;
(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;
(11) The information provided pursuant to this division (C) shall be supplemented in writing by certified mail, return receipt requested, to the Building Commissioner within ten working days of a change of circumstances which would render the information originally submitted false or incomplete.
(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 Building Commissioner 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.
(F) Applicability to preexisting businesses. The licenses required under this chapter are in addition to any other license or permit requirements imposed by any other ordinance of the Town of Clarksville. Preexisting sexually oriented businesses lawfully operating in the town in compliance with all state and local laws prior to the effective date of this section, and all sexually oriented business employees that were, in all respects, lawfully working in the town prior to the effective date of this section, may continue operation or employment for a period of 35 days following the effective date of this section. In order to continue operation or employment beyond said 35 days, such businesses and employees must file a completed application for an annual license under this chapter within 28 days of the effective date of this section.
(Ord. 2021-G-10, passed 9-2-21)