(A) It is unlawful:
(1) For any person to operate an adult entertainment business without a valid adult entertainment business license issued by the Mayor of the village, pursuant to Ord. 3-06;
(2) For any person who operates an adult entertainment business to employ a person to work for the adult entertainment business who is not licensed as an adult entertainment business employee by the Mayor of the village, pursuant to this chapter;
(3) For any person to obtain employment with an adult entertainment business without have secured an adult entertainment business employee license pursuant to this chapter.
(B) An application for a license must be made on forms provided by the village.
(C) All applicants must be qualified according to the provisions of this chapter. The application may request and the applicant shall provide the information (including fingerprints) as to enable the village to determine whether the applicant meets the qualifications established in this chapter.
(D) If a person who wishes to operate an adult entertainment business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate an adult entertainment business is other than an individual, each individual who has a 20% or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the following section and each applicant shall be considered a licensee if a license is granted.
(E) The completed application for an adult entertainment business license shall contain the following information and shall be accompanied by the following documents:
(1) If the applicant is:
(a) An individual, the individual shall state his or her legal name and any aliases and submit proof that he or she is 18 years of age;
(b) A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;
(c) A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the names and capacities of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.
(2) If the applicant intends to operate the adult entertainment business under a name other than that of the applicant, he or she must state:
(a) The adult entertainment business's fictitious name;
(b) Submit the required registration documents.
(3) Whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity as defined in this chapter, and, if so, the specified criminal activity involved, the date, place and jurisdiction of each;
(4) Whether the applicant, or a person residing with the applicant, has had a previous license under this chapter or other similar adult entertainment business ordinances from another village or county denied, suspended or revoked, including the name and location of the adult entertainment 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 or a person residing with the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the adult entertainment business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation;
(5) Whether the applicant or a person residing with the applicant holds any other licenses under this chapter or other similar adult entertainment business ordinance from another village or county and, if so, the names and locations of the other licensed businesses;
(6) The single classification of license for which the applicant is filing;
(7) The location of the proposed adult entertainment business, including a legal description of the property, street address and telephone number(s), if any;
(8) The applicant's mailing address and residential address;
(9) A color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by the Police Department. Any fees for the photographs and fingerprints shall be paid by the applicant;
(10) The applicant's driver's license number, Social Security number and/or his or her state or federally issued tax identification 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 it 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;
(12) 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 adult entertainment businesses within 1,000 feet of the property to be certified; the property lines of any established religious institution/synagogue, school or public park or recreation area within 500 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;
(13) If an applicant wishes to operate an adult entertainment business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, video cassettes, other video reproductions or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application regulations set forth in this division (E);
(14) The personal information gathered in this division (E) is not for public dissemination and is not subject to release under the state's Public Records Act.
(F) (1) Before any applicant may be issued an adult entertainment business employee license, the applicant shall submit on a form to be provided by the village the following information:
(a) The applicant's name or any other name (including "stage" names) or aliases used by the individual;
(b) Age, date and place of birth;
(c) Height, weight, hair and eye color;
(d) Present residence address and telephone number;
(e) Present business address and telephone number;
(f) Date, issuing state and number of driver's permit or other identification card information;
(g) Social Security number;
(h) Proof that the individual is at least 18 years of age.
(2) The personal information gathered in this division (F) is not for public dissemination and is not subject to release under the state's Public Records Act.
(G) Attached to the application form for an adult entertainment business employee license, as provided above, shall be the following:
(1) A color photograph of the applicant clearly showing the applicant's face and the applicant's fingerprints on a form provided by the Police Department. Any fees for the photographs and fingerprints shall be paid by the applicant;
(2) A statement detailing the license history of the applicant for the five years immediately preceding the date of the filing of the application, including whether the applicant previously operated or is seeking to operate, in this or any other county, village, state or country, has ever had a license, permit or authorization to do business denied, revoked or suspended, or had any professional or vocational license or permit denied, revoked or suspended. In the event of any denial, revocation or suspension, state the name, the name of the issuing or denying jurisdiction and describe in full the reason for the denial, revocation or suspension. A copy of any order of denial, revocation or suspension shall be attached to the application;
(3) A statement whether the applicant has been convicted of a specified criminal activity, as defined in this chapter, and, if so, the specified criminal activity involved, the date, place and jurisdiction of each;
(4) The personal information gathered in this division (G) is not for public dissemination and is not subject to release under the state's Public Records Act.
(Ord. 3-06, passed 8-14-2006) Penalty, see § 112.99