(a) It shall be unlawful for a person to operate a sexually oriented business without a valid permit and/or license, issued by the Director.
(b) An application for a permit and/or license must be made on a form provided by the Town of Eleanor. 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 six inches.
(c) The applicant must be qualified according to the provisions of this article and the premises must be inspected and found to be in compliance with the law by the Health Department, Fire Department and Building Official.
(d) If a person show who wishes to operate a sexually oriented business is an individual, he must sign the application for a permit and/or license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual each individual who has a ten percent (10%) or greater interest in the business must sign the application for a permit and/or license as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity that wishes to operate such a business, each individual having a ten percent (10%) or greater interest in the corporation must sign the application for a permit and/or license as applicant.
(e) The fact that a person possesses other types of state or Town permits and/or licenses does not exempt him from the requirement of obtaining a sexually oriented business permit and/or license.
(f) Application for a permit, whether original or renewal, must be made to the Director by the intended operator of the enterprise. Applications must be submitted by hand delivery to the office of the Director or the Director’s designee during regular working hours. Application forms shall be supplied by the Director. The intended operator shall be required to give the following information on the application form:
(1) A. The name, street address (and mailing address if different) and West Virginia driver’s license number of the intended operator;
B. The name and street address (and mailing address if different) of the owner(s);
(2) The name under which the establishment is to be operated and a general description of the services to be provided;
(3) The telephone number of the establishment;
(4) The address, and legal description of the tract of land on which the establishment is to be located;
(5) If the establishment is in operation, the date on which the owner(s) acquired the establishment for which the permit is sought, and the date on which the establishment began operations as a sexually oriented business at the location for which the permit is sought; and
(6) If the establishment is not in operation, the expected startup date (which shall be expressed in number of days from the date of issuance of the permit). If the expected startup date is to be more than ten (10) days following the date of issuance of the permit, then 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.
(g) The application shall be accomplished by the following:
(1) Payment of the application fee in full;
(2) If the establishment is a West Virginia corporation, a certified copy of the articles of incorporation, together with all amendments, thereto;
(3) If the establishment is a foreign corporation, a certified copy of the certificate of authority to transact business in this state together with all amendments thereto.
(4) If the establishment is a limited partnership formed under the laws of West Virginia, a certified copy of the certificate of limited partnership, together with all amendments thereto;
(5) If the establishments is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto;
(6) Proof of the current fee ownership of the tract of land on which the establishment is to be situated in the form of a copy of the recorded deed;
(7) If the persons identified as the fee owner(s) of the tract of land in item (6) are not also the owners of the establishment, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owners or proposed owners of the establishment to have or obtain the use and possession of the tract or portion thereof that is to be used for the establishment for the purpose of the operation of the establishment;
(8) Any of items (2) through (7), above shall not be required for a renewal application if the applicant states that the documents previously furnished the director with the original application or previous renewals thereof remain correct and current.
(h) The application shall contain a statement under oath 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 correct; and
(2) The applicant has read the provisions of this article.
(i) A separate application and permit shall be required for each sexually oriented business.
(j) If the establishment is in operation it may remain in operation during the pendency of its application for a permit and/or license under the provisions of this article, inclusive of any period(s) of judicial review of administrative action.
(Ord. 97-6. Passed 8-7-97.)