(A) Any person who proposes to operate, maintain or conduct a sexually-oriented business within the city shall first submit to the City Council a completed application for a sexually-oriented business license on a form provided by the city. The application shall contain all of the information requested in this section, along with the non- refundable application fee. An application which is not accompanied by the required application fee shall not be deemed a completed application.
(B) If the applicant is an individual, the individual shall provide his or her legal name, address and submit satisfactory written proof that he or she is at least 21 years of age.
(C) If the applicant is a partnership, the partners shall state the partnership’s complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement to the application. The applicant shall also submit satisfactory written proof that all partners are at least 21 years of age.
(D) If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the state, the names and capacities of all officers and directors and the name of the registered corporate agent and the address of the registered office for service of process purposes.
(E) If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a 10% or greater interest in the business entity shall sign the application.
(F) If the applicant intends to operate the sexually-oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the sexually-oriented business and show proof of registration of the fictitious name.
(G) Each application for a sexually-oriented business license shall contain:
(1) A narrative description of the proposed sexually-oriented business for which the license is requested, which shall include proposed hours of operation, number of employees, number of entertainers and a description of the titles and/or positions of each;
(2) A detailed diagram showing the interior floor plan and configuration of the premises, depicting all interior rooms including, but not limited to, restrooms, office space, storage areas and public areas and dimensions. The diagram need not be professionally prepared, but shall be drawn to a designated scale and marked dimensions of the interior of the premises to an accuracy of plus or minus six inches (±6");
(3) A site plan showing the lot or property on which the sexually-oriented business will be located, the location of the building(s) or portion(s) thereof in which the sexually-oriented business will be located, the number of available parking spaces including those reserved for the persons with disabilities, the location and type of proposed lighting, landscaping, trash enclosures and all means of ingress and egress to and from the property. The site plan need not be professionally prepared, but shall be drawn to a scale with marked dimensions to an accuracy of plus or minus one foot (±1');
(4) An area map showing the lot or property on which the sexually-oriented business facility will be located, and the property line(s) and distance to the property line(s) of any church, school, park, daycare, governmental office, supermarket, grocery store, convenience store, restaurant, fast food establishment, other sexually-oriented businesses, residential zoning or the residence of any registered sex offender located within 3,000 feet of the property subject to the license application;
(5) The full name, address and telephone number of the property owner and/or property management company if different from the applicant, including a copy of the lease agreement, if any, in effect at the time of the application, and a copy of any other agreements, easements, conditions, covenants, restrictions or other such documents that contain evidence affecting the use or operation of the lot, property, premises or structures which will be subject to the license for which the application has been submitted;
(6) The full name, including any aliases or stage names ever used, current residential address, position and/or title of each employee and/or entertainer and all other information required under division (G)(7) below;
(7) Each application shall also contain the following information about the applicant(s):
(a) Full name, including any aliases, current residential address, telephone number, date of birth, height, weight, color of eyes and hair of each applicant;
(b) Social Security number and driver’s license number or state identification card number of each applicant;
(c) The previous address of each applicant for a period of five years immediately prior to the date of application and the dates of residence for each;
(d) Written proof that the applicant(s) is/are at least 21 years of age;
(e) Business, occupation or employment history of the applicant(s) for the five years immediately preceding the date of application;
(f) Two recent passport style color photographs of the applicant(s);
(g) A fingerprint card with fingerprints attached for each applicant. These shall be obtained from the city’s Police Department; and
(h) Such other information as may be deemed necessary and appropriate by the City Council.
(8) Authorization for the city or its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application regarding the applicant’s request for a license; and
(9) A written declaration by the applicant, under penalty of perjury, that the information contained in the application is true and correct, with such declaration sworn to and fully executed at the office of the City Clerk.
(H) A sexually-oriented establishment lawfully existing and operating on the effective date hereof, if it does not have a valid license, shall apply for a license within 90 days from the effective date hereof and shall be allowed to continue operating during the pendency of the application; provided, it is otherwise in compliance with applicable provisions of this chapter and state law.
(I) Mr. Movies and J&D Video or their successors are to be exempt from the definition of a sexually-oriented business and thereby excluded from the regulations of this chapter; provided that, said businesses do not expand upon or increase their respective percentage of adult-rated materials within their store stock or the percentage of total revenues derived from the rental or sale of such adult rated materials as existed on the effective date hereof.
(Ord. C-439, passed 10-3-2006; Ord. D-063, passed 8-4-2020)