(A) General.
(1) It is unlawful 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) The application for a license must be made on a form provided by the City.
(3) 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 City to determine whether the applicant meets the qualifications established in this chapter.
(4) If a person who wishes to operate a sexually-oriented business is an individual, the person must sign the applicant for a license as applicant. If the person who wishes to operate a sexually-oriented business is other than an individual, then 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.
(5) The completed application for a sexually-oriented business license shall contain the following information and shall be accompanied by the following documents:
(a) If the applicant is:
1. An individual, the individual shall state his or her legal name and any aliases and submit proof that he or she is at least 18 years of age;
2. 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; and
3. 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 capacity of all officers, directors and principle stock holders, and the name of the registered corporate agent and the address of the registered office for service of process;
(b) The name of the owner of the property where the business will be located;
(c) If the applicant intends to operate a sexually-oriented business under a name other than that of the applicant, he or she must state:
1. The sexually-oriented business’s fictitious name; and
2. Submit the required registration documents.
(d) 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;
(e) Whether the applicant, or a person residing with the applicant, has had a previous license under this chapter or other similar sexually-oriented business ordinances, from another City or county denied, suspended or revoked, including the name and location of the sexually-oriented 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 person residing with the applicant, has been a partner in a partnership or an officer, director or principal stock holder 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 sexually-oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation;
(f) Whether the applicant, or a person residing with the applicant, holds any other licenses under this chapter or other similar sexually-oriented business ordinances from other cities and counties and, if so, the names and locations of such other licensed businesses;
(g) The location of the proposed sexually-oriented business, including the legal description of the property, street address and telephone, if any;
(h) The applicant’s mailing address and residential address;
(i) The applicant’s drivers license number, Social Security number and his or her state or federally issued tax ID number;
(j) 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;
(k) A straight-line drawing prepared within 30 days prior to the application depicting the property lines and the structures containing any existing sexually-oriented businesses within 500 feet of the property to be licensed; the property lines of any established religious institution, school or public park or recreation area, within 400 feet of the property to be licensed. 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. The drawing shall be reviewed by the City’s Building Inspector for accuracy. In the event of a dispute between the applicant and the City as to the accuracy of the drawing, the Building Inspector may order the applicant to provide a drawing with the information required under this division (A)(5)(k) prepared by a registered land surveyor; and
(l) A copy of the lease and all financing documents; all business related contracts for supply of materials and consulting management.
(B) Issuance of licensing.
(1) Upon the filing of said application for a sexually-oriented business license, the application shall be referred to the Chief of Police for investigation to be made on such information as is contained in the application. The application process shall be completed within 60 days from the date the completed application is filed. After the investigation, the City shall issue a license, unless it is determined that one or more of the following findings is true:
(a) The applicant is under 18 years of age;
(b) The applicant, or person with whom the applicant is residing, is over-due in payment to the City of taxes, fees, fines or penalties assessed against or imposed upon him or her in relation to any business;
(c) An applicant has failed to provide information reasonably necessary for the issuance of a license or has falsely answered a question or request for information on the application form;
(d) An applicant, or person with whom the applicant is residing, has been denied a license by the City to operate a sexually-oriented business within the preceding 12 months or whose license to operate a sexually-oriented business has been revoked within the preceding 12 months;
(e) An applicant, or person with whom the applicant is residing, has been convicted of a specified criminal activity defined in this chapter;
(f) The premises to be used for the sexually-oriented business has not been approved by the Health Department, Fire Department or the Building Official as being in compliance with applicable laws and ordinances;
(g) The license fee required by this chapter has not been paid; and
(h) An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.
(2) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually-oriented business and the classification for which the license is issued pursuant to § 117.04 of this chapter all licenses shall be posted in a conspicuous place at or near the entrance to the sexually-oriented business so that they may be easily read at any time.
(3) The Health Department, Fire Department and Building Official shall complete their certification that the premises is in compliance or not in compliance within 20 days of receipt of the application by the City.
(4) Every application for a sexually-oriented business license (whether for a new license or for a renewal of an existing license) shall be accompanied by a non-refundable application and investigation fee.
(5) In addition to the application and investigation fee required above, every sexually-oriented business that is granted a license (new or renewal) shall pay to the City an annual non-refundable license fee within 30 days of license issuance or renewal.
(6) All license applications and fees shall be submitted to the City Clerk-Treasurer.
(C) Inspection.
(1) An applicant or licensee shall permit representatives of the Police Department, Fire Department, Zoning Department or other City departments or agencies to inspect the premises of a sexually-oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.
(2) A person who operates a sexually-oriented business or his or her agent or employee commits a violation of this chapter if he or she refuses to permit the lawful inspection of the premises at any time it is open for business.
(D) Expiration of license.
(1) Each license shall expire one year from the date of issuance and may be renewed only by making application as provided herein. Application for renewal shall be made at least 30 days before the expiration date.
(2) When the City denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the City finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final.
(E) Suspension and revocation.
(1) The City shall suspend a license for a period not to exceed 30 days if it determines that a licensee or an employee of a licensee has:
(a) Violated or is not in compliance with any section of this chapter; and/or
(b) Refused to allow an inspection of the sexually-oriented business premises as authorized by this chapter.
(2) The City shall revoke a license if a cause of suspension occurs and the license has been suspended within the preceding 12 months.
(3) The City shall revoke a license if it determines that:
(a) A licensee gave false or misleading information in the material submitted during the application process;
(b) A licensee has knowingly allowed possession, use or sale of controlled substances on the premises;
(c) A licensee has knowingly allowed prostitution on the premises;
(d) A licensee knowingly operated the sexually-oriented business during a period of time when the licensee’s license was suspended;
(e) Except in the case of an adult motel, a licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, other sex act to occur in or on the licensed premises; or
(f) A licensee is delinquent in payment to the City, county or state for any taxes or fees past due.
(4) When the City revokes a license, the revocation shall continue for one year from the date the revocation became effective. If, subsequent to revocation, the City finds that the basis for the revocation has been corrected or abated, the applicant may be granted license if at least 90 days have elapsed since the date the revocation became effective.
(5) After denial of an application, or denial of a renewal of an application, or suspension or revocation of any license, the applicant or licensee may seek prompt judicial review of such administrative action in any court or competent jurisdiction. The administrative action shall be promptly reviewed by the court.
(F) Transfer of license. A licensee shall not transfer his or her license to another, not shall a licensee operate a sexually-oriented business under the authority of a license any place other than the address designated in the application.
(Prior Code, § 1101.05) (Ord. 2003-16, passed - -)