(A) Each individual to be employed in a sexually oriented business, as defined in § 111.02, who engages in the services rendered by a live performer or entertainer shall be required to obtain a sexually oriented business employee license. Each applicant shall pay a permit fee of $25. Said fee is to cover reasonable administrative costs of the licensing application process.
(B) (1) Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit, on a form to be provided by the Town Clerk-Treasurer or his or her designee, the following information:
(a) The applicant’s name or any other names (including “stage” names) or aliases used by the individual;
(b) Age, date, and place of birth;
(c) Height, weight, hair, and eye color;
(d) Present residence address and telephone number;
(e) Present business address and telephone number;
(f) State driver’s license or identification number;
(g) Social Security number;
(h) Acceptable written proof that the individual is at least 18 years of age;
(i) Attached to the application form, as provided above, a color photograph of the applicant clearly showing the applicant’s face, and the applicant’s fingerprints on a form provided by the Town Marshal. Any fees for the photographs and fingerprints shall be paid by the applicant;
(j) A statement detailing the license or permit 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 was seeking to operate in this or any other county, city, state, or country, and has ever had a license, permit, or authorization to do business denied, revoked, or suspended or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the date, the name of the issuing or denying jurisdiction, and describe in full the reasons for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application; and
(k) Whether the applicant has been convicted of a “specified criminal” act as defined in § 111.17(C)(1). This information shall include the date, place, nature of each conviction or plea of nolo contendere, and identifying the convicting jurisdiction.
(2) The Town Marshal or the Planning Board shall investigate the application to determine the validity of the information within the application. The application process shall be completed within ten days from the date the completed application is filed. After the investigation, the Town Marshal or the Planning Board shall issue a license unless the report finds that one or more of the following findings are true.
(a) The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a license, or in any report or record required to be filed with the Police Department or other department of the town.
(b) The applicant is under 18 years of age.
(c) The applicant has been convicted of a “specified criminal act” as defined in § 111.17(C)(1).
(d) The sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule, or regulation, or prohibited by particular provisions of this chapter.
(e) The applicant has had a sexually oriented business employee license revoked by the town within two years of the date of the current application.
(C) (1) A license granted pursuant to this section shall be subject to annual renewal by the Town Marshal or the Planning Board upon the written application of the applicant and a finding by the Town Marshal that the applicant has not been convicted on any “specified criminal act” as defined in § 111.17(C)(1) or committed any act curing the existence of the previous license period which would be grounds to deny the initial permit application.
(2) The renewal of the license shall be the same as the initial application fee.
(D) A copy of employee licenses as defined by this section shall be available on the premises of the business of which the employee is employed for inspection by law officers or code enforcement officers or other designated enforcement officials. The employee license is not required to be posted.
(Ord. 2006-6, passed 10-2-2006)