(A) An application for a sexually oriented business license shall be submitted to the Building Commissioner on a form provided by the Building Commissioner. The application may request, and the applicant shall provide, such information as reasonably necessary (including fingerprints) to enable the county to determine whether the applicant meets the qualifications established in this chapter.
(B) An application for a sexually oriented business license shall identify and be signed by the following persons:
(1) If the business entity is a proprietorship owned by one or more individuals, then one of the individuals owners;
(2) If the business entity is owned by a corporation, each officer or director of the corporation, any individual owning or controlling more than 50% of the voting shares of the corporation, and any person with an ownership interest in the corporation who will be principally responsible for the operation of the proposed sexually oriented business or greater ownership interest in the corporation;
(3) If the business entity is owned by a partnership (general or limited), a joint venture, or any other type of organization where two or more persons share in the profits and liabilities of the organization, each partner (other than limited partners); and any other person entitled to share in the profits of the organization, whether or not such person is also obligated to share in the liabilities of the organization, and any person who will be principally responsible for the operation of the proposed sexually oriented business; and/or
(4) An application for a sexually oriented business license must designate one or more individuals who are to be principally responsible for the operation of the proposed sexually oriented business, if a license is granted, which individual must be a licensed sexually oriented business employee.
(a) At least one person so designated must be involved in the day to day operation of the proposed sexually oriented business on a regular basis.
(b) Each person so designated, as well as the business entity itself, shall be considered a license applicant, and must qualify as a licensee under this chapter, and shall be considered a licensee, and shall be considered a licensee if a license is granted.
(C) An application for a sexually oriented business license shall be completed according to the instructions of the application form, which shall require the following:
(1) An individual shall state the legal name and any aliases of such individual;
(2) A partnership shall state the complete name of the partnership and all of its partners and whether the partnership is general or limited, and provide a copy of the partnership agreement, if any;
(3) A joint venture, or any other type of organization where two or more persons share in the profits and the liabilities of the organization shall state the complete name of the organization and provide a legal document establishing the organization, if any;
(4) A corporation shall state the complete name of the corporation and the date of its incorporation, provide evidence that the corporation is in good standing under the laws of its state of incorporation, and state the names and capacity of all officers and directors, the name of registered corporate agent, and the address of the registered office of the service of process;
(5) If the applicant intends to operate a sexually oriented business under a name other than that of the applicant, state the fictitious name to be used and submit copies of the documentation evidencing the registration of the business name under applicable laws;
(6) State whether any applicant, or any individuals identified in the application, has been convicted of a specified criminal activity as defined within this chapter; and, if so, the specified criminal activity involved and the date, place, and jurisdiction of each such conviction;
(7) State whether any applicant, or any of the individuals identified in the application, has had a previous license under this chapter, or similar regulation of another jurisdiction, 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 state whether the applicant has been a partner in a partnership or an officer, director, or 10% or greater owner of a corporation licensed under this chapter whose license has been previously been denied, suspended, or revoked, including the name of the location of the business for which the permit was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation;
(8) State whether any applicant, or any of the individuals identified in the application, holds any other licenses under this chapter or other similar regulation from this, or any other, jurisdiction, and, if so, the names and locations of such other licensed businesses;
(9) State the classification of license for which the applicant is filing;
(10) State the location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s), if any;
(11) State the mailing address and residential address of each applicant and each person signing the application;
(12) Submit a recent photograph of each person who is a natural person, taken by the County Sheriff’s Department which clearly shows the applicant’s face;
(13) Submit the fingerprints of each applicant who is a natural person, taken by the County Sheriff’s Department;
(14) For any applicant who is natural person, describe and identify the location of any tattoos on such person’s face, arms, legs, or hands, or any other anatomical area that normally would be visible when such person is on the premises of the proposed sexually oriented business;
(15) State the driver’s license number and Social Security number of each applicant who is natural person and each person signing the application; or for an applicant that is not a natural person, the applicant’s shall provide a federally issued tax identification number;
(16) Submit proof that each applicant who is a natural person is at least 18 years old. A birth certificate and/or valid driver’s license will only be considered as proof of age; and
(17) Submit a sketch or diagram showing the configuration of the premises of the sexually oriented business, including the location of all stages and customer seating, and a statement of total floor space occupied by the business. The diagram shall also designate the place at which the adult business license will be conspicuously posted, if granted. 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.
(D) An application for a sexually oriented employee license shall be submitted to the Building Commissioner on a form provided by the Building Commissioner. The application may request, and the applicant shall provide, such information as reasonably necessary (including fingerprints) to enable the county to determine whether the applicant meets the qualifications established in this chapter.
(E) An application for a sexually oriented business employee license shall be completed according to the instructions of the application form, which shall require the following:
(1) State the applicant’s name, and any other names (including “stage” names) or aliases used by the applicant;
(2) State the applicant’s date and place of birth;
(3) State the applicant’s height, weight, and hair and eye color;
(4) Submit a recent photograph of the applicant, taken by the County Sheriff’s Department, which clearly shows the applicant’s face;
(5) Submit the applicant’s fingerprints, recorded by the County Sheriff’s Department;
(6) Describe and identify the location of any tattoos on the applicant’s face, arms, legs, or hands, or any other anatomical area that normally would be visible when the applicant is on the premises of the proposed sexually oriented business;
(7) State the applicant’s present residence address and telephone number;
(8) State the applicant’s present, or intended, business address and telephone number;
(9) State the applicant’s driver’s license number and Social Security number;
(10) Submit proof that the applicant is at least 18 years old;
(11) Provide a statement detailing the sexually oriented business-related 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, a sexually oriented business in this or any other jurisdiction, and whether the applicant has ever had a sexually oriented business in this or any other jurisdiction, and whether the applicant has ever had a sexually oriented business-related license, permit, or authorization to do business denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, the application shall state the name of the issuing or denying jurisdiction and describe, in full, the reason for the denial, revocation, or suspension. The applicant shall attach a copy of any order of denial, revocation, or suspension; and
(12) State whether the applicant has been convicted of a specified criminal activity as defined in this chapter, and, if so, the specified criminal activity involved and the date, place, and jurisdiction of each such conviction.
(Ord. 2007-XI, passed 6-19-2007)