(A) Before any applicant may be licensed to operate a sexually-oriented business or as a sexually-oriented business employee pursuant to this chapter, the applicant shall submit, on a form to be provided by the city, along with all appropriate attachments, all of the following information:
(1) The correct legal name of the applicant;
(2) Any other names or aliases used by the applicant;
(3) The applicant’s age, date, and place of birth;
(4) The applicant’s height;
(5) The applicant’s weight;
(6) The applicant’s hair color;
(7) The applicant’s eye color;
(8) The applicant’s present business address and telephone number;
(9) The applicant’s present residence address and telephone number;
(10) The applicant’s state driver’s license or identification number;
(11) The applicant’s Social Security number;
(12) Acceptable written proof that any individual is at least 18 years of age or, in the case of employees to be employed in businesses where a different age is required, proof of the required age;
(13) Two color photographs of the applicant clearly showing the individual’s face and the applicant’s fingerprints on a form provided by a local law enforcement agency. For applicants not residing in the city the fingerprints shall be on a form provided by a law enforcement agency located in the jurisdiction where the applicant resides. Fees for the photographs and fingerprints shall be paid by the applicant directly to the issuing agency;
(14) For any individual required to obtain a sexually-oriented business employee license to perform out-call services or as a seminude entertainer, a certificate from the Bear River Health Department, or other health agency or personnel designated by the city stating that the individual has, within 30 days immediately preceding the date of the application, been examined and found to be free of any contagious or communicable disease;
(15) A statement of the business, occupation, and employment history of the applicant for three years immediately preceding the date of the filing of the application;
(16) A statement detailing the license or permit history of the applicant for the five-year period immediately preceding the date of the filing of the application, including whether such applicant ever had a license, permit, or authorization to do business denied, revoked, or suspended, or has had any professional or vocational license or permit denied, revoked, or suspended in the city or any other jurisdiction. In the event of any such denial, revocation, or suspension, state the date, the name of issuing or denying jurisdiction and state in full the reasons for the denial, revocation, or suspension. A copy of any order or denial, revocation, or suspension shall be attached to the statement;
(17) A statement detailing all criminal convictions or pleas of nolo contendre, except those which have been expunged and minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), and the disposition of all such arrests occurring within the five years immediately preceding the date of the application. The statement shall include the date, place, and nature of each conviction or plea of nolo contendre and the sentence imposed for each such conviction or plea of nolo contendre. The statement shall also identify the convicting jurisdiction and the sentencing court and provide the case numbers or docket numbers for each such incident. Application for a sexually-oriented business or employee license shall constitute a waiver of disclosure of any criminal conviction or plea of nolo contendre for the purposes of any proceeding involving the business or employee license;
(18) (a) A description of the services to be provided by the business, with sufficient detail to allow reviewing authorities to determine what business will be transacted on the premises, together with a schedule of usual fees for services to be charged by the licensee and any rules, regulations, or employment guidelines under or by which the business intends to operate.
(b) This description shall also include:
1. The hours during which the business or service will be open to the public, and the methods of promoting the health and safety of employees and patrons and preventing them from engaging in illegal activity;
2. The methods of supervision preventing the employees from engaging in acts of prostitution or other related criminal activities;
3. The methods of supervising employees and patrons to prevent employees and patrons from charging or receiving fees for services or acts prohibited by this chapter or other statutes or ordinances; and
4. The methods of screening employees and customers in order to promote the health and safety of employees and customers and prevent the transmission of disease, and prevent the commission of acts of prostitution or other criminal activity.
(19) (a) For adult businesses and seminude entertainment businesses, a diagram drawn to scale of the business premises. The diagram need not be a professional engineer’s or architect’s rendering; however, the diagram must show marked internal dimensions, all overhead lighting fixtures and ratings for illumination capacity.
(b) The design and construction shall conform to the following.
1. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms.
2. For businesses which exclude minors from the entire premises, all windows, doors and other apertures to the premises shall be darkened or otherwise constructed to prevent anyone outside the premises from seeing the inside of the premises. Businesses which exclude minors from less than all of the premises shall be designed and constructed ensuring minors may not see into the area from which they are excluded.
3. For seminude entertainment businesses and adult theaters, a solid physical barrier at least three-feet high and six-inches wide shall separate all performing areas from areas where customers and patrons are permitted.
(B) In the event the applicant is not the owner of record of the real property upon which the proposed business is to be located, the application must be accompanied by a notarized statement from the legal or equitable owner of the possessory interest in the property specifically acknowledging the type of business for which the applicant seeks a license for the property. In addition to furnishing such notarized statement, the applicant shall furnish the name, address, and phone number of the owner of record of the property, as well as the copy of the lease or rental agreement pertaining to the premises in which the business is to be located.
(C) (1) If the applicant is a corporation, partnership, limited partnership, limited liability company, limited liability partnership, or any other non-individual legal entity, the information required for individual applicants shall be submitted for each officer, trustee, and director of the applicant entity and for any partner, member, or shareholder holding more than 10% of the stock of the applicant entity.
(2) Any individual or legal entity doing business under an assumed name shall provide the required information for the principle operating under the assumed name.
(D) All corporate and other non-individual entity applicants shall identify each individual authorized to sign checks for the entity.
(Ord. 2016-002, passed 11-16-2016) Penalty, see § 114.99