(A) It is a violation of this chapter:
(1) For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the city pursuant to this chapter;
(2) For any person to obtain a sexually oriented business license issued by the city for a particular location which also is permitted by the State Alcohol Beverage Commission to sell alcohol on the premises;
(3) For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the city pursuant to this chapter; and/or
(4) For any person to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this chapter.
(B) An application for a license must be made on a form provided by the city. All applicants must be qualified according to the provisions of this chapter.
(C) (1) An applicant for a sexually oriented business license or sexually oriented business employee license shall file with the enforcement officer a completed application made on a form prescribed and provided by the City Clerk-Treasurer. An application must include the information required in this section. The application shall be notarized. The application shall include the information called for in divisions (C)(1)(a) through (C)(1)(e) below and, where applicable, division (C)(1)(f) below, as follows:
(a) The full name, residence, phone number, Social Security number and birth date of the owner(s), applicant(s) and permittee(s) if an individual; and, if the permittee is a corporation, partnership, LLC or other business entity, a current certificate of business entity existence issued by the Indiana Secretary of State, name and address of its registered owner, together with the names, residences, phone numbers, Social Security numbers and birth dates of those owner(s) holding a 5% or more ownership interest in a partnership, LLC, corporation or other business entity;
(b) Written proof of age, in the form of either:
1. A copy of a birth certificate and current photo;
2. A current driver’s license with picture; or
3. Other picture, identification document issued by a governmental agency.
(c) The name, address, phone number, Social Security number and birth date of the operator and manager of such operation, if different from the owner(s), applicant(s) or permittee(s);
(d) The street address of the sexually oriented business;
(e) A statement detailing each misdemeanor or felony relating to a sex offense and/or operation of adult uses and/or sexually oriented businesses or related activities of which the owner(s) or applicant(s) or, for a corporation, the owner(s) of 5% or more of the issued and outstanding stock of the corporation, or ownership interest in a partnership, LLC or other business entity, have been convicted, and whether the applicant(s) or owner(s) has ever applied for or held a permit to operate a similar type of business in other cities; and
(f) If the application is for a sexually oriented business license:
1. A detailed description of the activities and types of business to be conducted;
2. The hours of operation;
3. A detailed description of the provisions made to restrict access by minors;
4. A building plan of the premises detailing internal operations and activities;
5. A description or building plan that details all proposed interior and exterior changes to an existing building or structure; and
6. The street address and legal description of the real estate of the site where a sexually oriented business is to be located, and the identification of buildings and improvements on said site to be used for such purpose.
(2) The information provided pursuant to divisions (C)(1)(a) through (C)(1)(f) above shall be supplemented in writing by certified mail, return receipt requested, to the enforcement officer within ten working days of a change of circumstances which would render the information originally submitted false or incomplete.
(D) The application for a sexually oriented business license shall be accompanied by 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 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.
(E) If the person who wishes to operate a sexually oriented business is an individual, he or she shall sign the application for a license as applicant. If the person that wishes to operate a sexually oriented business is other than an individual (such as a corporation), each officer, director, general partner or other person who has a 5% or more ownership interest shall sign the application for a license as the applicant. Each applicant must be qualified under § 111.16 of this chapter, and each applicant shall be considered as a licensee if a license is granted.
(F) A person who possesses a valid business license is not exempt from the requirement of obtaining any required sexually oriented business license. A person who operates a sexually oriented business and possesses a business license shall comply with the requirements and provisions of this chapter, where applicable.
(G) The information provided by an applicant in connection with the application for a license under this chapter shall be maintained by the enforcement officer on a confidential basis, and may be disclosed only:
(1) To other government agencies in connection with a law enforcement or public safety function; or
(2) As may otherwise be required by law or a court order.
(Ord. 2012-2, passed 4-3-2012)