A. License Application: Any person desiring a license shall make application therefor through the director of community and economic development or his designated representative. The application for a license to operate an adult use establishment shall set forth the exact nature of the adult use to be operated and the proposed place of business and facilities therefor.
B. Information Required: In addition to the foregoing, any applicant for a license, including any partner or limited partner of a partnership applicant, any officer or director of a corporate applicant, and any stockholder holding more than ten percent (10%) of the stock of a corporate applicant, and any manager and employee of the adult use shall furnish the following information:
1. Name and address.
2. Written proof that the individual is at least twenty one (21) years of age.
3. All residential addresses for the past three (3) years.
4. The applicant's height, weight, color of eyes and hair.
5. The business, occupation, or employment of the individual for the three (3) years immediately preceding the date of application.
6. The adult use or similar business license history of the individual; whether such person, is previously operating such a business in this or another city or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or relocation.
7. All federal or state criminal or county or city ordinance violation convictions or findings of guilt, in federal court, circuit court or by administrative proceedings, forfeiture of bond and pleadings of nolo contendere on all charges, except minor traffic violations.
8. The fingerprints and photograph of the individual.
9. If the applicant is a corporation, or a partner of a partnership is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation.
10. The individual's tax identification number, the business identification number, and the corporation's identification number, if a corporation.
11. The proposed hours of operation and the names of the owner/manager who will be on site during those hours.
C. Investigation: The application shall be referred to the police chief for investigation and verification of the facts stated therein. The chief of police shall determine whether the applicants, or if a partnership or corporation, any stockholder, director or member of the partnership or any employee or manager, has been convicted of, pled guilty to, or been found guilty of a criminal offense in either the state or federal court, or has been convicted of, pled guilty to, or been found guilty by a court of law, of a criminal offense, racketeering and organized crime, sex, drugs, or controlled substances, or ordinance violation relating to, or which is opposed to honesty, decency and morality. The police chief shall further determine whether the applicant or its principals, employees or managers are persons of good moral character.
D. Denial; Appeal Of Application: If the police chief shall determine that the applicant, stockholders, directors, members, employees or manager, or any of them, have in fact been so convicted, pled guilty to, or found guilty, or have engaged in such illegal activities or otherwise are not persons of good character and fitness, he shall report the results of his findings to the city manager. The city manager shall then order that said license shall not be issued. The applicant shall have the right to appeal to the city council in the manner provided in section 4-2-12 of this title.
E. Determination: If the mayor shall determine at any time that any licensee is not in fact eligible by reason of any facts which would not have made the applicant eligible for the issuance of the original license, said license may be revoked by the mayor after written notice to the licensee, which notice shall specify the ordinance or law violations with which the licensee is charged, if, after a hearing the licensee is found to be guilty of such violations. Ten (10) days' notice of the hearing shall be given to the licensee. At such hearing, the licensee and his attorney may present and submit evidence or witnesses in his defense.
F. Nontransferable: A license shall not be transferable from person to person, nor place to place and shall be usable only at the place and by the person designated in the license. (Ord. M-19-13, 10-7-2013)