A. It is unlawful:
1. For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the Town pursuant to this title;
2. For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the Town pursuant to this chapter; or
3. For any person to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this chapter;
B. An application for a license must be made on a form provided by the Town official.
C. All applicants must be qualified according to the provisions of this title. The application may request and the applicant shall provide such information (including fingerprints) as to enable the Town to determine whether the applicant meets the qualifications established in this title.
D. If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as an applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each person that has a twenty (20) percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under Title 3.3.50 and each applicant shall be considered a licensee if a license is granted.
E. The completed application for a sexually oriented business license shall contain the following information and shall be accompanied by the following documents:
1. If the applicant is:
a. An individual, the individual shall state his or her legal name and any aliases and submit proof that he or she is a minimum of 18 years of age;
b. A partnership, the partnership shall state its complete name, and the names of all general partners, whether the partnership is general or limited; if it is a limited partnership, the principal limited partners legally or equitably holding twenty (20) percent or more of any class of interest or of the voting, capital, or income interests in the limited partnership, the name of the registered agent and the address of the registered office for service of process, and a copy of the partnership agreement, if any;
c. 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 principal stockholders legally or equitably holding twenty (20) percent or more of any class of stock or of the voting rights in the corporation, and the name of the registered corporate agent and the address of the registered office for service of process;
d. A limited liability company, the company shall state its complete name, the date of its organization, evidence that the company is in good standing under the laws of its state of organization, the names and capacity of all members with management authority, managers, officers, directors, and principal members legally or equitably holding twenty (20) percent or more of any class of interest or of the voting, capital, or income interests in the company, and the name of the registered agent and the address of the registered office for service of process; or
e. If the applicant is any other form of unincorporated organization, the organization shall state its type of organization, its state of organization, complete name, the names of all associates, members, or if there are more than one hundred (100) of them, principal associates or members legally or equitably holding twenty (20) percent or more of any class of interest or of the voting, capital, or income interests in the organization, the names and capacity of all associates or members with management authority, managers, officers, directors, and fiduciaries, and the name of the registered agent and the address of the registered office for service of process, and a copy of any organizational documents.
2. If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must state the sexually oriented business’s fictitious name and submit the required registration documents;
3. 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;
4. Whether the applicant, or a person residing with the applicant, or any person described in subsection (E)(1) of this section with respect to the applicant, has had a previous license under this title, or other similar sexually oriented business ordinances from another town 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 a person residing with the applicant or any person described in subsection (E)(1) of this section with respect to the applicant, has been:
a. A general partner or principal limited partner in a partnership or
b. An officer, director, or principal stockholder of a corporation or
c. A manager, member with management authority, officer, or principal member of a limited liability company or
d. An officer, director, fiduciary, associate or member with management authority, manager, or principal associate or manager of any other unincorporated organization, that is or was licensed under this title 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 the denial, suspension, or revocation.
5. Whether the applicant, or a person residing with the applicant or any person described in subsection (E)(1) of this section with respect to the applicant, holds any other licenses under this title or other similar sexually oriented business ordinance from another town or county and, if so, the names and locations of such other licensed businesses;
6. The single classification of license for which the applicant is filing;
7. The location of a proposed sexually oriented business, including a legal description of the property, street address, town, and telephone number(s), if any;
8. The applicant’s mailing address and residential address and this same information with respect to any person described in subsection (E)(1) of this section with respect to the applicant;
9. A recent photograph of the applicant(s) (if individuals) and of any persons described in subsection (E)(1) of this section with respect to the applicant;
10. The applicant’s driver’s license number, Social Security number, and state or federally issued tax or employer identification numbers, and this same information with respect to any person described in subsection (E)(1) of this section with respect to the applicant;
11. 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;
12. A current certificate and straight-line drawing prepared within 30 days prior to application by a registered land surveyor depicting the proper lines and the structures containing any existing sexually oriented businesses within two thousand five hundred (2,500) feet of the property to be certified; the property lines of any established church, religious institution, or synagogue, school, or public park or recreation area within 2,500 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;
13. If an applicant wishes to operate a sexually oriented business, which shall exhibit on the premises, in a viewing room or booth of less than one hundred fifty (150) square feet of floor space, films, videocassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in Title 3.3.130; and
14. If the property on which the sexually oriented business is to be located is owned by any person or entity other than the applicant, the applicant shall submit a letter, signed by the owner, stating that the applicant has fully disclosed to the owner that the business to be operated is a sexually oriented business, and that the type and nature of the inventory has also been disclosed.
F. Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit on a form, to be provided by the Town licensing official the following information:
1. The applicant’s name or any other name (including “stage” names) or aliases used by the individual;
2. Age, date, and place of birth;
3. Height, weight, hair and eye color;
4. Present residence address and telephone number;
5. Present business address and telephone number;
6. Date, issuing state, and number of driver’s permit or other identification card information;
7. Social Security number; and
8. Proof that the individual is at least 18 years of age.
9. A background security check with the application, for all individuals listed on the application. (fees paid for by applicants)
G. Attached to the application form for a sexually oriented business employee license, as provided above, shall be the following:
1. A color photograph of the applicant clearly showing the applicant’s face, and the applicant’s fingerprints on a form provided by the police department. Any fees for the photographs and fingerprints shall be paid by the applicant;
2. A statement detailing the license history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate, in this or any other county, city, state, or country, any other sexually oriented business, has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name, the name of the issuing or denying jurisdiction, and describe in full the reason for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application;
3. A statement whether the applicant has been convicted of a specified criminal activity and, if so, the specified criminal activity involved, the date, place and jurisdiction of each;