(A) Business license. It shall be unlawful for any person to operate a sexually oriented business in the town without a valid sexually oriented business license.
(B) Employee license. It shall be unlawful for any person to be an “employee,” as defined in this chapter, of a sexually oriented business in the town without a valid sexually oriented business employee license, except that a person who is a licensee under a valid sexually oriented business license shall not be required to also obtain a sexually oriented business employee license.
(C) Application. An applicant for a sexually oriented business license or a sexually oriented business employee license shall file in person at the office of the Town Manager a completed application made on a form provided by the Town Manager. A sexually oriented business may designate an individual with an influential interest in the business to file its application for a sexually oriented business license in person on behalf of the business. The application shall be signed as required by division (D) of this section and shall be notarized. An application shall be considered complete when it contains, for each person required to sign the application, the information and/or items required in this division (C), accompanied by the appropriate licensing fee:
(1) The applicant’s full legal name and any other names used by the applicant in the preceding 5 years;
(2) Current business address or another mailing address for the applicant;
(3) Written proof of age, in the form of a driver’s license, a picture identification document containing the applicant’s date of birth issued by a governmental agency, or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency;
(4) If the application is for a sexually oriented business license, the business name, location, legal description, mailing address and phone number of the sexually oriented business;
(5) If the application is for a sexually oriented business license, the name and business address of the statutory agent or other agent authorized to receive service of process;
(6) A statement of whether an applicant has been convicted of or has pled guilty or nolo contendere to a specified criminal activity as defined in this chapter, and if so, each specified criminal activity involved, including the date, place, and jurisdiction of each as well as the dates of conviction and release from confinement, where applicable;
(7) A statement of whether any sexually oriented business in which an applicant has had an influential interest, has, in the previous 5 years (and at a time during which the applicant had the influential interest):
(a) Been declared by a court of law to be a nuisance; or
(b) Been subject to a court order of closure or padlocking; and
(8) An application for a sexually oriented business license shall be accompanied by a legal description of the property where the business is located and a sketch or diagram showing the configuration of the premises, including a statement of total floor area occupied by the business and a statement of floor area visible or accessible to patrons for any reason, excluding restrooms. The sketch or diagram need not be professionally prepared but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus 6 inches. Applicants who are required to comply with the stage, booth, and/or room configuration requirements of this chapter shall submit a diagram indicating that the setup and configuration of the premises meets the requirements of the applicable regulations. The Town Manager may waive the requirements of this division (C)(8) for a renewal application if the applicant adopts a legal description and a sketch or diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(9) The information provided pursuant to this division (C) shall be supplemented in writing by certified mail, return receipt requested, to the Town Manager within 10 working days of a change of circumstances which would render the information originally submitted false or incomplete.
(D) Signature. A person who seeks a sexually oriented business employee license under this section shall sign the application for a license. If a person who seeks a sexually oriented business license under this section is an individual, he shall sign the application for a license as applicant. If a person who seeks a sexually oriented business license is other than an individual, each person with an influential interest in the sexually oriented business or in a legal entity that controls the sexually oriented 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.
(E) The information provided by an applicant in connection with an application for a license under this chapter shall be maintained by the office of the Town Manager on a confidential basis, and such information may be disclosed only as may be required, and only to the extent required, by governing law or court order. Any information protected by the right to privacy as recognized by state or federal law shall be redacted prior to such disclosure.
(Ord. 2013-02, passed 5-14-2013) Penalty, see § 10.99