(A) Any person or entity desiring to secure a permit shall make application to the Clerk of the Board of Commissioners. The application shall be filed in triplicate and dated by the Clerk. A copy of the application shall be distributed promptly by the Clerk to the Office of the County Manager and to the applicant.
(B) An application for a permit must be made on a form provided by the county, and available at the Office of the County Manager, Davidson County Governmental Center (4th Floor). The application must be accompanied by a sketch or a 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 12 inches.
(C) The applicant shall be required to give all required information on the application form in accordance with this division, including:
(1) The name, street address (and mailing address, if different) of the intended operator(s) of the adult establishment. For purposes of this division, OPERATOR shall mean the individual(s) responsible for the day-to-day operations of the business;
(2) The name, street address (and mailing address, if different) of all applicants signing the application; the name, street address (and mailing address, if different) of any person or entity that is the legal or beneficial owner of a 50% or greater interest in the applicant.
(3) Written proof that all applicants signing the application are at least 18 years of age;
(4) The name under which the adult establishment is to be operated and a general description of the nature of the services to be provided by the business;
(5) The telephone number of the adult establishment, a telephone number at which the intended operator, and all applicants signing the application, may be contacted during normal business hours.
(6) Whether the applicant previously operated in this or any other county, city or state under an adult-oriented establishment permit or similar business license; whether the applicant has ever had such a license revoked or suspended, the reason therefor, and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation;
(7) A criminal history of the applicant, which shall consist of convictions of any and all federal and state criminal laws; convictions of violations of any county or municipal ordinances; forfeitures of bond and pleadings of nolo contendere on all charges; as to the aforementioned, the applicant shall state the date of the conviction, forfeiture or nolo contendere charge; the name and location of the court; the specific charge(s) involved and the amount of punishment/fine or other disposition; provided, however, that for purposes of this subdivision, the terms CRIMINAL LAWS and ORDINANCE shall not mean traffic violations for which the jurisdiction that entered the conviction against the applicant does not consider such traffic violation a felony under its laws;
(8) The address, and legal description of the tract of land on which the adult establishment is, or will be, located; a copy of a deed duly recorded in the Office of the Register of Deeds of Davidson County shall satisfy the requirements of this subdivision;
(9) If the adult establishment is already in operation, the date on which the applicant(s) acquired the adult establishment for which the permit is sought, and the date on which the establishment began operations as an adult establishment at the location for which the permit is sought;
(10) If the adult establishment is not currently in operation, the expected date the establishment will open for business (which shall be expressed in number of days from the issuance of the permit). If the expected initial date is to be more than ten days following the issuance of the permit, then the applicant must provide a detailed explanation of the construction, repair or remodeling work, or other cause of the expected delay and a statement of the owner's time schedule and plan for accomplishing the same.
(D) If the applicant intending to operate an adult establishment is an individual, he or she must sign the application for a permit as “applicant.” If an applicant intending to operate an adult establishment is other than an individual, each individual who owns a 50% or greater legal or beneficial interest in the applicant must sign the application for a permit as “applicant.” In the event that no individual owns a 50% or greater legal or beneficial interest in the applicant, that individual who owns the highest ownership interest in the applicant must sign the application as “applicant.”
(E) The possession by the applicant of other federal, state or local permits and/or licenses does not exempt the applicant from obtaining a license in accordance with this chapter.
(F) The application shall be accompanied by the following:
(1) Application fee paid in full.
(2) If the adult establishment is a North Carolina corporation, a certified copy of the Articles of Incorporation, together with any and all amendments thereto.
(3) If the adult establishment is a foreign corporation, a certified copy of the certificate of authority to transact business in the State of North Carolina, together with all amendments thereto.
(4) If the adult establishment is a partnership, either general or limited, a certified copy of any partnership agreement, together with all amendments thereto.
(5) If the adult establishment is a limited liability company of the State of North Carolina a certified copy of the Articles of Incorporation together with all amendments thereto.
(6) If the adult establishment is a foreign limited liability company, a certified copy of the certificate of authority to transact business in the State of North Carolina, together with all amendments thereto.
(7) Proof of the current fee ownership of the tract of land on which the adult establishment is, or will be, situated in the form of a copy of the deed recorded in the Office of the Register of Deeds of Davidson County.
(8) If the owners identified as the fee owners of the tract of land in subdivision (7) are not also the owners of the adult establishment, then a copy of the lease, purchase contract, option or other documents 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 adult establishment; furthermore, the application shall include a copy of any of the aforementioned documents that are recorded in the Office of the Register of Deeds of Davidson County.
(9) Any of the items identified in subdivisions (2) through (8) above, shall not be required for a renewal application if the applicant states that the documents previously furnished the County Manager with the original application or previous renewals thereof are correct and current.
(G) The application shall require the applicant(s) to sign, under oath or affirmation, an acknowledgment confirming that:
(1) The applicant has personal knowledge of the information contained in the application and that the information contained therein and furnished therewith is true and accurate; and
(2) The applicant has read and understands the contents of this chapter.
(H) Any application submitted in accordance with this section must be found to be in accordance with this chapter and the premises must be inspected and found to be in compliance with all applicable statutes and regulations by the Health Department, Fire Marshal and Building Inspector.
(Ord. passed 9-22-98)