(a) No person shall conduct, maintain, operate, or cause to be conducted, maintained, or operated, any sexually oriented business within the corporate limits of the Town without first being licensed under this division.
(b) The Town of Dyer Department of Planning and Zoning, or its designee, is responsible for granting, denying, revoking, renewing, suspending, and canceling sexually oriented business permits for proposed or existing sexually oriented businesses. The Town of Dyer Department of Planning and Zoning, or its designee, is also responsible for ascertaining whether a proposed sexually oriented business for which a permit is being requested complies with all applicable zoning laws and/or regulations now in effect or as amended or enacted subsequent to the effective date of Ordinance No. 2002-14 in the Town and the Town's Comprehensive Plan.
(c) The Town of Dyer Code Enforcement Officer shall be responsible for inspecting a proposed, permitted or non-permitted sexually oriented business in order to ascertain whether it is in compliance with applicable statutes and ordinances.
(d) An application for a permit must be made on a form provided by the Town of Dyer Department of Planning and Zoning. Any person desiring to operate a sexually oriented business shall file with the Town an original and two (2) copies of a sworn permit application on the standard application form supplied by the Town of Dyer Department of Planning and Zoning, or its designee.
(e) The completed application shall contain the following information and shall be accompanied by the following documents:
(1) In the event that an applicant is:
a. An individual, the individual shall state his/her legal name, and all aliases, and shall submit satisfactory proof that he/she is at least eighteen (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 or limited liability company, such entity shall state its complete name, the date of its incorporation or organization, evidence that the entity is in good standing under the laws of the State of Indiana, and the name and address of the individual registered as agent for service of process.
(2) In the event that an applicant intends to operate the sexually oriented business under a name other than that of the applicant, he/she must:
a. Include the sexually oriented business's name in the application;
b. Submit the required Indiana registration documents for said name.
(3) Whether the applicant or any other individual listed in the application holds any other permits and/or licenses under this division or other similar sexually oriented business ordinance from another city, town, county, or state and, if so, the names and locations of such other permitted businesses.
(4) The single classification of permit for which the applicant is filing.
(5) The location of the proposed sexually oriented business, including a legal description of the property, common street address, and telephone number(s), if any.
(6) The applicant's business mailing address.
(7) 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 (6) inches.
(8) A current certificate and straight-line drawing prepared within thirty (30) days prior to application by a State of Indiana registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this division within one thousand (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 one thousand (1,000) feet of the property to be certified and the property lines of any residentially zoned area or residential property within one thousand (1,000) 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.
(9) In the event that a person wishes to operate a sexually oriented business which shall exhibit films, video cassettes or other video reproductions on the premises which depict specified sexual activities or specified anatomical areas, then said person shall comply with the application requirements stated at Section 10-168.14.
(f) Applicants for a permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty (30) days from the date of such change shall be a valid and lawful basis for suspension of a permit.
(g) In the event that the Town of Dyer Department of Planning and Zoning, or its designee, determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, it shall promptly notify the applicant of such fact and allow the applicant ten (10) days within which to properly complete the application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.)
(h) An applicant must be qualified according to the provisions of this division, and the premises must be inspected and found to be in compliance with all applicable health, fire and building codes and laws, and any other applicable federal or state laws.
(i) An applicant shall be required to pay a non-refundable application fee of two hundred fifty dollars ($250.00) at the time of the filing of an application under this section of this division, as amended from time to time.
(j) Prior to obtaining any permit or license to operate any sexually oriented business deemed in this division, and as part of any application for a permit under this section, an applicant shall obtain from the Town of Dyer Department of Planning and Zoning, or its designee, a certification that the proposed location of such business complies with the Town of Dyer Zoning Ordinance.
(k) The fact that a person possesses other types of state or Town permits and/or licenses shall not exempt him/her from the requirement of obtaining a sexually oriented business permit under this section of this division.
(l) By applying for a permit under this division, an applicant shall be deemed to have consented to the provisions of this division and to the exercise by the Town of Dyer Department of Planning and Zoning, or its designee, and all other Town agencies charged with enforcing the laws, ordinances and codes applicable in the Town, of their respective responsibilities under this division.
(m) An applicant shall be required to provide the Town with the names of any and all employees who are required to be licensed pursuant to Section 10-168.13. This shall be a continuing obligation of an applicant even after a permit is granted or renewed.
(Ord. No. 2007-33, 12-27-07)