(A) It shall be unlawful:
(1) For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the town for the particular type of business;
(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 by the town as a sexually oriented business employee pursuant to this chapter; and
(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 sexually oriented business license shall be filed in person at the office of the Finance Director on a form prescribed and provided by the town.
(C) All applicants shall 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 town to determine whether the applicant meets the qualifications established in this chapter.
(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 applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 20% or greater interest in the business or who will participate directly in decisions relating to management of the business, shall sign the application for a license as applicant. Each applicant must be qualified under this chapter and each applicant shall be considered a licensee if a license is granted. All application signatures shall be made under oath and notarized.
(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 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; and
(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, and the name of the registered corporate agent and the address of the registered office for service of process.
(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 any person(s) 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, has had a previous license under this chapter or other similar sexually oriented business ordinances from another municipality 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 has been a partner in a partnership or an officer, director or principal stockholder 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.
(5) Whether the applicant or a person residing with the applicant holds any other licenses under this chapter or other similar sexually oriented business ordinance from another municipality or county and, if so, the names and locations of the other licensed businesses.
(6) The single classification of license for which the applicant is filing.
(7) The location of the proposed sexually oriented business, including a legal description of the property, street address and telephone number(s), if any.
(8) The applicant's mailing address, residential address and telephone number.
(9) A recent photograph of the applicant(s).
(10) Each applicant's driver's license number, Social Security number and/or his or her state or federally issued tax identification number.
(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 inches.
(12) If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, video cassettes, 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 this section.
(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 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.
(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 the applicant previously operated or is seeking to operate, in this or any other county, city, state or country 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 as defined in this chapter and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.
(Prior Code, Ch. 9, Art. VIII, § 9-704) (Ord. 351-04, passed 9-7-2004) Penalty, see § 116.99