(A) Required form.
(1) An application for an adult establishment license, or the renewal thereof, shall be made in writing to the County Planning and Zoning Office on a form prescribed by the County Planning Commission and shall be signed:
(a) By the applicant, if the applicant is an individual;
(b) By at least one of the persons entitled to share in the profits of the organization and having unlimited personal liability for the obligations of the organization and the right to bind all other such persons, if the applicant is a partnership (general or limited), joint venture or any other type of organization where two or more persons share in the profits and liabilities of the organization;
(c) By a duly authorized agent, if the applicant is a corporation; or
(d) By the trustee, if the applicant is a land trust.
(2) The application shall be verified by oath or affidavit as to all statements made on or in connection with the application and any attachments thereto. Each application shall specifically identify the applicant and the licensed premises for which an adult establishment license is sought. Each initial or renewal application shall be accompanied by seven identical copies.
(B) Administrative processing fee and security.
(1) Administrative processing fee. Every applicant for an adult establishment license or for the renewal of an existing adult establishment license shall pay an administrative processing fee in the amount of $200 by certified check to the county at the time of filing such application. The administrative processing fee shall, in all cases, be non-refundable and shall be deposited in the General Fund of the county.
(2) Bond or other security. Each adult establishment license, and any renewals thereof, shall be conditioned on the acquisition and maintenance in good standing by the applicant and licensee of a surety bond or other similar’ security in favor of the county in the amount of $5,000 to the county. Before an adult establishment license may be issued, the applicant shall furnish such bond or security, and before an adult establishment license is renewed or reinstated following revocation or suspension, the licensee shall submit evidence that the bond or other security, in the amount required pursuant hereto, remains in full force and effect. The bond or other security, or part thereof, for an adult entertainment establishment shall be forfeited automatically pursuant to § 112.27 of this chapter in order to reimburse the county for the county’s costs in association with the proceedings related to any suspension or revocation of the license.
(C) Required information and documents. Each application shall include the following information and documents:
(1) (a) Individuals. The applicant’s legal name, all of the applicant’s aliases, the applicant’s business address and Social Security number, written proof of the applicant’s age, the citizenship and place of birth of the applicant and, if a naturalized citizen, the time and place of the applicant’s naturalization;
(b) Corporations. The applicant corporation’s complete name and official business address; the legal name, all aliases and the ages, business addresses and Social Security numbers of all of the directors, officers and managers of the corporation and of every person owning or controlling more than 50% of the voting shares of the corporation; the corporation’s date and place of incorporation and the objects for which it was formed; proof that the corporation is a corporation in good standing and authorized to conduct business in the state; and the name of the registered corporate agent and the address of the registered office for service of process;
(c) Partnerships (general or limited), limited liability companies, joint ventures or any other type of organization where two or more persons share in the profits and liabilities of the organization. The applicant organization’s complete name and official business address; the legal name, all aliases and the ages, business addresses and Social Security numbers of each partner (other than limited partners) or any other person or members of limited liability companies entitled to share in the profits of the organization, whether or not any such person is also obligated to share in the liabilities of the organization; and
(d) Land trusts. The applicant land trust’s complete name; the legal name, all aliases and the business address of the trustee of the land trust; the legal name, all aliases and the ages, business addresses and Social Security numbers of each beneficiary of the land trust and the specific interest of each such beneficiary in the land trust; and the interest, if any, that the land trust holds in the licensed premises.
(2) If a corporation or partnership is an interest holder that must be disclosed pursuant to divisions (C)(1)(b) or (C)(1)(c) above, then such interest holders shall disclose the information required in said divisions with respect to their interest holders;
(3) The general character and nature of the business of the applicant;
(4) The length of time that the applicant has been in the business of the character specified in response to division (C)(3) above;
(5) The location, including street address and legal description, and telephone number, of the premises for which the adult establishment license is sought;
(6) The specific name of the business that is to be operated under the adult establishment license;
(7) The identity of each fee simple owner of the licensed premises;
(8) A diagram showing the internal and external configuration of the licensed premises, including all doors, windows, entrances, exits, the fixed structural internal features of the licensed premises, plus the interior rooms, walls, partitions, stages, performance areas and restrooms. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; provided, however, that, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions to an accuracy of plus or minus six inches and sufficient to show clearly the various interior dimensions of all areas of the licensed premises and to demonstrate compliance with the provisions of this chapter. The requirements of this division (C)(8) shall not apply for renewal applications if the applicant adopts a diagram that was previously submitted for the license sought to be renewed and if the licensee certifies that the licensed premises has not been altered since the immediately preceding issuance of the license and that the previous diagram continues to accurately depict the exterior and interior layouts of the licensed premises. The approval or use of the diagram required pursuant to this division (C)(8) shall not be deemed to be, and shall not be interpreted or construed to constitute, any other county approval otherwise required pursuant to applicable county ordinances and regulations;
(9) The names of each governmental body from which, within five years immediately prior to the date of the present application, the applicant, or any of the individuals identified in the application pursuant to divisions (C)(1) or (C)(2) above, has received a license or other authorization to conduct or operate a business:
(a) Substantially the same as an adult entertainment establishment, and the names and addresses of each such business;
(b) Requiring a federal, state or local liquor license; or
(c) Requiring a federal, state or local gaming license.
(10) The specific type or types of adult entertainment establishment(s) that the applicant proposes to operate in the licensed premises;
(11) A copy of each adult establishment license, liquor license and gaming license currently held by the applicant, or any of the individuals identified in the application pursuant to divisions (C)(1) or (C)(2) above;
(12) Whether the applicant, or any of the individuals identified in the application pursuant to divisions (C)(1) or (C)(2) above, has been, within five years immediately preceding the date of the application, convicted of, or pleaded nolo contenders to, any specified criminal act. As to each conviction, the applicant or other individual shall provide the conviction date, the case number, the nature of the misdemeanor or felony violation(s) or offense(s) and the name and location of the court;
(13) Whether the applicant, or any of the individuals identified in the application pursuant to divisions (C)(1) or (C)(2) above, has had a license or other authorization to conduct or operate a business substantially the same as an adult entertainment establishment or any business requiring either a liquor or gaming license, revoked or suspended and, if so, the date and grounds for each such revocation or suspension and the name and location of the establishment at issue; and
(14) The name of the individual or individuals who shall be the day-to-day, on-site managers of the proposed adult entertainment establishment. If the manager is other than the applicant, the applicant shall provide, for each manager, all of the information required pursuant to divisions (C)(1), (C)(9), (C)(11), (C)(12) and (C)(13) above.
(D) Incomplete applications returned. Any application for an adult establishment license that does not include all of the information and documents required pursuant to division (c) above, as well as the administrative processing fee and bond or other security required pursuant to division (B) above, shall be deemed to be incomplete and shall not be acted on or processed by the County Planning Commission. The County Planning Commission shall, within five days of such submittal, return the incomplete application to the applicant along with a written explanation of the reasons why the application is incomplete.
(Ord. 10 (2006), passed 9-1-2006)