(A) Adult establishment business license. All persons desiring to secure a license to conduct, operate or maintain an adult establishment under the provisions of this chapter shall make a verified application to the Town Administrator. All applications shall be submitted in the name of the person proposing to conduct, operate or maintain the adult establishment. All applications shall be submitted on a form supplied by the Town Administrator and shall require the following information:
(1) The applicant's full name and any aliases or other names by which the applicant is known or which the applicant has used at any time, and the residence addresses for the past two years, the business and home telephone numbers, occupation, date and place of birth, social security number, drivers license number, and a recent photograph of the applicant;
(2) The name of the adult establishment, a description of the adult entertainment to be performed on the licensed premises, the name of the owner of the premises where the adult establishment will be located, the business address and Haywood County parcel identification number on which the business resides;
(3) If the person identified as the fee owner(s) of the tract of land in division (A)(1)(b) is/are not also the owner (s) of the establishment, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owners or proposed owners of the adult establishment to have or obtain the use and possession of the tract or portion thereof that is to be used for the purpose of the operation of an adult establishment;
(4) A current certificate and straight-line drawing prepared within 30 days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented business within 75 feet of the property to be certified; the property lines of any established religious institution/synagogue, school library, or public park or recreation area within 75 feet of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted;
(5) Any of the criteria above shall not be required for a renewal application if the applicant states that the documents previously furnished the Town Administrator with the original application or previous renewals thereof remain correct and current;
(6) The names, residence addresses for the past two years, social security numbers and dates of births of all partners, if the applicant is a partnership; and if the applicant is a corporation, the same information for all corporate officers, directors, and individuals having a 10% or greater interest in the corporation.
(7) A statement from the applicant, or from each partner, or from each corporate officer, director, or 10% shareholder that each such person has not been convicted of, released from confinement for conviction of, or diverted from prosecution on and of the below, where such felony or misdemeanor criminal act involved sexual offenses, prostitution, promotion of prostitution , sexual abuse of a child, pornography or related offenses as defined in the state laws or any other comparable violation of the laws of this state or the laws of any other state:
(a) A felony criminal act within five years immediately preceding the application; or
(b) A misdemeanor criminal act within two years immediately preceding the application.
(8) If the applicant is a corporation, a current certificate of existence issued by the North Carolina Secretary of State.
(9) A statement signed under oath that the applicant has personal knowledge of the information contained in the application and that the information contained therein is true and correct and that the applicant has read the provisions of this chapter regulating adult establishments.
(10) All applicants shall submit to fingerprinting by law enforcement. The fingerprint cards shall be submitted to the F.B.I. for processing. Returned fingerprint cards and criminal histories shall be kept on file by law enforcement.
(11) A statement signed under oath that the applicant consents to investigation of his/her background by the town to include fingerprinting.
(12) Failure to provide the information and documentation required by this division shall constitute an incomplete application and it shall not be processed until complete.
(C) Adult entertainer license. All persons desiring to secure a license under the provisions of this chapter to be an entertainer shall make a verified application to the Town Administrator. All applications shall be made in person to the Town Administrator or his designee. All applications shall be submitted on a form supplied by the Town Administrator and shall require the following information:
(1) The applicant's full name and any aliases or other names by which the applicant is known or which the applicant has used at any time, and the residence addresses for the past two years, the home telephone number, date and place of birth, social security number, and any stage names or nicknames used in entertaining;
(2) The name and address of the adult establishment where the applicant intends to work as an entertainer;
(3) A statement from the applicant, that the applicant has not been convicted of, released from
confinement for conviction of, or diverted from prosecution on:
(a) A felony criminal act within five years immediately preceding the application; or
(b) A misdemeanor criminal act within two years immediately preceding the application, where such felony or misdemeanor criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography or related offenses as defined in the laws of the state or any other comparable violation of the laws of this state or the laws of any other state.
(4) Photographs shall be taken of the applicant by the Town Administrator or his designee and the Town Administrator shall have the photographs processed and retain the copies.
(5) All applicants shall submit to fingerprinting by law enforcement. The fingerprint cards shall be submitted to the F. B. I. for processing. Returned fingerprint cards and criminal histories shall be kept on file by law enforcement.
(6) The applicant shall present to the Town Administrator for copying documentation that the applicant has attained the age of 21 years at the time the application is submitted. Any of the following shall be accepted as documentation of age:
(a) A motor vehicle operator's license issued by any state, bearing the applicant's photograph and date of birth;
(b) A state-issued identification card bearing the applicant's photograph and date of birth;
(c) An official and valid passport issued by the United States of America;
(d) An immigration card issued by the United States of America;
(e) Any other form of picture identification issued by a governmental entity that is deemed reliable by the Town Administrator; or
(f) Any other form of identification deemed reliable by the Town Administrator.
(7) A statement signed under oath that the applicant consents to investigation of his/her background by the town to included fingerprinting.
(8) Failure to provide information required by this division shall constitute an incomplete application and is shall not be processed until complete.
(Ord. – , passed - -; Am. Ord. – , passed 3-11-2021)