(a) An application for a sexually oriented business license shall be submitted to the Building Commissioner on a form provided by the Building Commissioner. The application may request and the applicant shall provide such information as reasonably necessary (including fingerprints) to enable the City to determine whether the applicant meets the qualifications established in this chapter.
(b) An application for a sexually oriented business license shall identify and be signed by the following persons:
(1) If the business entity is owned by an individual, that individual.
(2) If the business entity is owned by a corporation, each officer or director of the corporation and each individual with a 50 percent or greater ownership interest in the corporation.
(3) If the business entity is owned by a partnership, each partner and each individual with a 50 percent or greater ownership interest in the partnership.
(4) If the business entity is a limited liability company, each member of the company and any manager(s) of the company.
(c) An application for a sexually oriented business license must designate one or more individuals who are to be principally responsible for the operation of the proposed sexually oriented business, if a license is granted. At least one person so designated must be involved in the day-to-day operation of the proposed sexually oriented business on a regular basis. Each person so designated, as well as the business entity itself, shall be considered a license applicant, must qualify as a licensee under this chapter, and shall be considered a licensee if a license is granted.
(d) An application for a sexually oriented business license shall be completed according to the instructions of the application form, which shall require the following:
(1) If the applicant is:
A. An individual, state the legal name and any aliases of such individual;
B. A partnership, state the complete name of the partnership and all of its partners and whether the partnership is general or limited, and provide a copy of the partnership agreement, if any;
C. A corporation, state the complete name of the corporation and the date of its incorporation, provide evidence that the corporation is in good standing under the laws of its state of incorporation, and state the names and capacity of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service of process.
D. A limited liability company, state the name of the company and the date of its formation, provide evidence that the company is in good standing under the laws of its formation, and state the names and capacity of all members, the name of the registered agent for the company, and the address of the registered office for service of process.
(2) If the applicant intends to operate the sexually oriented business or adult motel under a name other than that of the applicant, state the fictitious name to be used and submit copies of documentation evidencing the registration of the business name under applicable laws.
(3) State whether any applicant has been convicted of a specified criminal activity as defined in Section 764.02 of this chapter, and if so, the specified criminal activity involved and the date, place, and jurisdiction of each such conviction.
(4) State whether any applicant has had a previous license under this chapter or other similar regulation of another jurisdiction denied, suspended or revoked, including the name and location of the sexually oriented business or adult motel for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation; and state whether the applicant has been a partner in a partnership, or an officer, director or 50 percent or greater owner of a corporation, or a member of a limited liability company licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
(5) State whether any applicant holds any other licenses under this chapter or other similar regulation from this or another jurisdiction and, if so, the names and locations of such other licensed businesses.
(6) State the classification of license for which the applicant is filing.
(7) State the location of the proposed sexually oriented business or adult motel, including a legal description of the property (i.e., block and lot), street address, and telephone number(s), if any.
(8) State the mailing address and residential address of each applicant and each person signing the application.
(9) Submit a recent photograph of each applicant who is a natural person, taken by the Garfield Heights City Police Department, which clearly shows the applicant's face.
(10) Submit the fingerprints of each applicant who is a natural person, recorded by the Garfield Heights City Police Department.
(11) For any applicant who is a natural person, describe and identify the location of any tattoos on such person's face, arms, legs, or hands, or any other anatomical area that normally would be visible when such person is on the premises of the proposed sexually oriented business or adult motel.
(12) State the driver's license number and Social Security number of each applicant who is a natural person and each person signing the application, or, for an applicant that is not a natural person, the applicant's federally issued tax identification number.
(13) Submit proof that each applicant who is a natural person is at least eighteen (18) years old.
(14) Submit a sketch or diagram showing the configuration of the premises of the sexually oriented business or adult motel, including the location of all stages and customer seating and a statement of total floor space occupied by the business. The diagram shall also designate the place at which the adult business license will be conspicuously posted, if granted. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.
(15) If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a booth, as defined in Section 764.02 of this chapter, films, video cassettes, other video or image reproduction, or live entertainment which depicts "specified sexual activities" or "specified anatomical areas," then the applicant shall comply with the additional application requirements set forth in Section 764.18 of this chapter.
(Ord. 26-2001. Passed 6-11-01.)