(A) It is the purpose of this subchapter to regulate sexually oriented businesses in order to promote the health, safety, morals and general welfare of the citizens of the town, and to establish reasonable and uniform regulations to prevent deleterious effects of sexually oriented businesses within the town. The provisions of this subchapter have neither purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent to restrict or deny access by adults to sexually oriented materials protected by the First Amendment.
(B) No sexually oriented business shall be permitted to operate without a valid sexually oriented business permit issued by the town for the particular type of business. The permit shall be required in addition to the business license required under Chapter 110 of this code of ordinances and the Town Clerk shall be responsible for ascertaining whether a proposed sexually oriented business for which a permit is being applied complies with all zoning and location requirements of this section, as in the case of any other business license. The Town Council shall grant, deny, revoke, renew, suspend or cancel sexually oriented business permits based upon information supplied by the Town Clerk, augmented by the input from a public hearing in the event the Town Council shall choose to hold a hearing. Hearings shall be held in accordance with this code of ordinances with 30 days’ written notice being personally provided the permit applicant.
(C) Application for a business permit shall be made on a form provided by the town and shall contain the following information with regard to all owners and be accompanied by the following documents:
(1) The full legal name of:
(a) All individuals together with any aliases;
(b) Any partnership with the names of all partners and a copy of the partnership agreement, if any; and/or
(c) Any corporation together with the date and state of incorporation, a certificate of good standing from that state, the names and addresses of all officers, directors and principal stockholders, and the name of the statutory agent.
(2) If the applicant intends to operate the sexually oriented business under a name other than his or her own, he or she must state the fictitious name of the business and submit the required documents reflecting registration under any law of the state pertaining to the registration of a fictitious name then in effect;
(3) Whether the applicant or any of the other individuals listed pursuant to this division (C) has, within the two- or five-year periods specified herein, immediately preceding the date of the application, been convicted of a specified criminal act, and, if so, the specified criminal act involved together with the date and place of conviction;
(4) Whether the applicant or any of the other individuals listed pursuant to this division (C) has had a previous permit or license for a sexually oriented business denied, suspended or revoked, including the name and location of the business as well as the date of denial, suspension or revocation. If a permit or license for a partnership or corporation wherein any of the individuals were either a partner or an officer, director or principal stockholder was revoked, denied or suspended, the name, location and date of it must be included as well;
(5) Whether the applicant or any other individual, partnership or corporation listed pursuant to this section presently holds any other permits and/or licenses anywhere else for the operation of a sexually oriented business;
(6) The exact location of the proposed sexually oriented business, including both a legal description of the property and the street address. The mailing and residence (street) address of the applicant shall also be included;
(7) A recent photograph of the applicant(s);
(8) The applicant(s)’ driver’s permit number, Social Security number, birth date and tax identification number if a partnership or corporation;
(9) A sketch or diagram showing the configuration of the proposed premises, including a statement of total floor space to be occupied by the business. It should be to scale as near as reasonably possible and in an understandable form acceptable to the town; and
(10) The distance in feet from any church, public or private elementary or secondary school, boys’ or girls’ club or similar existing youth organization, or public park or public building, or any property zoned or used for residential purposes if the same be located within two blocks of the proposed business.
(D) Applicants granted a permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event the information changes in any way from what is stated in the application. A failure to comply with this section within 30 days from the date of the change shall be grounds for suspension of a permit.
(E) Applicants shall be approved in accordance with the requirements of this section and the premises must be inspected and found to be in compliance with health, fire, and building codes and laws before a permit shall be issued.
(F) An applicant shall pay a non-refundable application of $100 at the time of filing an application under this section.
(G) All applicants shall be required to list in the application the names of any and all employees required to be licensed hereby to the extent that they are then known and to provide thereafter the names of the employees as available on an on-going basis.
(H) Application for a permit hereunder shall constitute a consent by the applicant to the provisions of this subchapter, and a waiver of objection to the exercise by the town of those powers and rights given to it hereby.
(1974 Code, § 18-3-8-5) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)