(A) No sexually oriented business shall be permitted to operate without a valid sexually oriented business license issued by the Chief of Police for the particular classification of business. It shall be unlawful for any person to operate or cause to be operated a sexually oriented business without said license, or without the presence of an operator who has been disclosed pursuant to division (B)(9) below. In furtherance of the policy of the state, the Chief of Police shall not issue licenses to two or more classifications of sexually oriented businesses to operate in or on the same building, premises, structure or other facility.
(B) An application for a license must be made by the owner of the business on a form prescribed by the Chief of Police, and submitted to the Cramerton Police Department. The completed application shall contain the following information and shall be accompanied by the following documents:
(1) The full true name of the applicant;
(2) The full true name under which the sexually oriented business will be operated and, if the business will be operated in a name other than that of the applicant, a certified copy of the assumed name certificate prepared and recorded in the County Register of Deeds Office pursuant to G.S. §§ 66-68 et seq.;
(3) The type of sexually oriented business the applicant intends to operate;
(4) Whether the applicant intends to serve alcoholic beverages at the sexually oriented business and/or apply for an ABC permit;
(5) The address where the sexually oriented business is to be operated and where the books and records are maintained;
(6) If the owner of the real property upon which the sexually oriented business is to be operated is not the applicant, the name and address of the owner of the real property upon which the business is to be operated and a copy of the lease or rental agreement;
(7) The principal telephone number to be used by the sexually oriented business;
(8) (a) If the applicant is an individual, the applicant shall appear in person and deliver a completed and signed application form and provide the following information:
1. His or her present residence and business addresses and telephone numbers;
2. A valid driver’s license or other government issued picture identification; and
3. Social Security number.
(b) If the applicant is a partnership or corporation, the applicant shall designate one of its general partners or officers to act as its agent. Such person shall appear in person and deliver a completed and signed application form and shall provide the following information:
1. His or her present residence and business addresses and telephone numbers;
2. A valid driver’s license or other government issued picture identification; and
3. Social Security number.
(c) If the applicant is a partnership:
1. The name, residence address and telephone number, and Social Security number of each partner, including limited partners; and
2. A copy of the partnership agreement. If one or more the partners are a corporation, the provisions of this division (B)(8) pertaining to corporations shall apply.
(d) If the application is a corporation:
1. A certified copy of the articles of incorporation, a certified copy of the certificate of authority and a certified copy of the most recent annual report filed with the Secretary of State of North Carolina; and
2. The name, residence address and telephone number and Social Security number of each of its current officers and directors, and of any stockholder holding 50% or more of the stock of the corporation;
(9) The name, residence address and telephone number and Social Security number of each individual who will be an operator of the business;
(10) A federal tax identification number assigned to the sexually oriented business and a completed tax information authorization form (IRS Form 8821) authorizing only the verification of said number;
(11) 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 must 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. The requirements of this division (B)(11) shall not apply for renewal applications if the applicant adopts a sketch or diagram that was previously submitted for the license sought to be renewed and if the licensee certifies that the licensed premises has not been altered since the immediately preceding issuance of the license and that the previous sketch or diagram continues to accurately depict the layout of the licensed premises;
(13) The application shall be sworn to be true and correct by the applicant.
(C) An applicant for a license under this section shall have a continuing duty to promptly supplement applicant information required by this section in the event that said information changes in any way from what is stated on the application. The applicant shall supplement the application on file with the town’s Police Department within 30 days from the date of such change.
(D) In the event that the town’s Police Department determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, it shall promptly notify the applicant of such fact and allow the applicant ten days to properly complete the application. The time period for granting or denying a license shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.
(E) The applicant shall be required to pay a non-refundable application and investigation fee, the amount of which shall be established by the Town Board.
(F) Issuance of a sexually oriented business license does not excuse a licensee from compliance with any other applicable ordinance, regulation or statute. By issuing a sexually oriented business license, the Chief of Police has not determined that the recipient is in compliance with any applicable local, state or federal regulation or law or that the recipient is otherwise engaged in a legal activity or operating a business in a legal manner.