A. License Required: It shall be unlawful for any person to operate an adult oriented business in Garland City without a valid adult oriented business license.
B. Employee License Required: It shall be unlawful for any person who operates an adult oriented business to employ a person to work and/or perform services on the premises of the adult oriented business, if such employee is not in possession of a valid adult oriented business employee license, except if the employment is of limited duration and for the sole purpose of repair and/or maintenance of machinery, equipment, or the premises.
C. Application Form: An application for an adult oriented business license must be made on a form provided by the city and shall be filed with the city recorder, who shall promptly forward a copy of the application to the "director".
D. Sketch Or Diagram Of Premises: The application must be accompanied by a sketch or a diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. It need not be professionally prepared but 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 inches (±6"). Prior to issuance of a license, the premises must be inspected by the health department, fire department, building department, zoning department and police department.
E. Other Information Provided: The applicant shall provide such information (including fingerprints) as necessary to enable the city to determine whether the applicant meets the qualifications established under this chapter. The applicant has an affirmative duty to supplement an application with new information received subsequent to the date the application was deemed completed.
F. Applicant Signature: If a person who wishes to own or operate an adult oriented business is an individual, he must sign the application for a business license as applicant. If a person who wishes to operate an adult oriented business is other than a single individual, each individual who has a ten percent (10%) or greater interest in the business must sign the application for a business license as applicant.
G. Information Provided On Application Form: Applications for a business license, whether original or renewal must be made by the intended operator of the enterprise. The following information shall be provided on the application form:
1. The applicant's full name and any other names used by the applicant within the preceding five (5) years, street address (and mailing address if different) of the applicant(s);
2. A recent color photograph of the applicant(s);
3. The applicant's driver's license number, social security number, and/or his/her state or federally issued tax identification number, including a color copy of the driver's license;
4. The name under which the establishment is to be operated and a general description of the services to be provided. If the applicant intends to operate the adult oriented business under a name other than that of the applicant, the fictitious name must be stated together with documents proving legal entitlement to the name;
5. Whether the applicant, or a person residing with the applicant, has been convicted, or is awaiting trial on pending charges, of a "specified criminal activity" and, if so, the "specified criminal activity" involved, the date, place, and jurisdiction of each;
6. Whether the applicant, or a person residing with the applicant, has had a previous license under this chapter or other similar adult oriented business ordinance from another city or county denied, suspended or revoked, including the name and location of the adult oriented business for which the business license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or a person residing with the applicant is or has been a partner in a partnership, a member and/or manager in a limited liability company, or an officer, director or principal stockholder of a corporation that is or was licensed under an adult oriented business ordinance whose business license has previously been denied, suspended or revoked, including the name and location of the adult oriented business for which the business license was denied, suspended or revoked as well as the date of denial, suspension or revocation;
7. Whether the applicant or a person residing with the applicant holds any other licenses under this chapter or other similar adult oriented business ordinance from another city or county and, if so, the names and locations of such other licensed businesses;
8. The classification of license for which the applicant is filing;
9. The telephone number of the establishment;
10. The address and legal description of the tract of land on which the establishment is to be located;
11. If the establishment is in operation, the date on which the owner(s) acquired the establishment for which the business license is sought, and the date on which the establishment began operations as an adult oriented business at the location for which the business license is sought;
12. If the establishment is not in operation, the expected startup date (which shall be expressed in number of days from the date of issuance of the business license). If the expected startup date is to be more than ten (10) days following the date of issuance of the business license, then a detailed explanation of the construction, repair or remodeling work or other cause of the expected delay and a statement of the owner's time schedule and plan for accomplishing the same.
H. Accompanied Material With Application: Each application for a business license shall be accompanied by the following:
1. Payment of the application fee;
2. If the establishment is a Utah corporation, a certified copy of the articles of incorporation, together with all amendments thereto, or if a foreign corporation, a certified copy of the certificate of authority to transact business in this state, together with all amendments thereto;
3. If the establishment is a limited partnership or a limited liability company, formed under the laws of Utah, a certified copy of the certificate of limited partnership or of the articles of organization, together with all amendments thereto, or if a foreign limited partnership or limited liability company, a certified copy of the certificate of limited partnership or articles of organization, and the qualification documents, together with all amendments thereto;
4. Proof of the current fee ownership of the tract of land on which the establishment is to be situated in the form of a copy of the recorded deed;
5. If the persons identified as the fee owner(s) of the tract of land are not also the owners of the establishment, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owners or proposed owners of the establishment to have or obtain the use and possession of the tract or portion thereof that is to be used for the establishment for the purpose of the operation of the establishment;
6. A current certificate and straight line drawing prepared within thirty (30) days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing adult oriented businesses, established religious institution/synagogue, school, public park or recreation area, or family oriented entertainment business within one thousand feet (1,000') of the property. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted; and
7. Any of subsections H2 through H6 of this section shall not be required for a renewal application if the applicant states that the documents previously furnished the director with the original application or previous renewals thereof remain correct and current.
I. Notarized Statement: Every application for a license shall contain a notarized statement certifying that the applicant has personal knowledge of the information contained in the application, that the information contained therein and furnished therewith is true and correct; and the applicant has read the provisions of this chapter.
J. Separate Application And License For Each Business: A separate application and business license shall be required for each adult oriented business classification.
K. Approval Or Denial Of License: The director shall approve or deny issuance of the license within forty five (45) days of receipt of the completed application. The director shall issue a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
1. An applicant has failed to provide the information required and reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
2. An applicant is under the age of eighteen (18) years;
3. An applicant or a person with whom the applicant is residing has been denied a license by the city, another city, county or other governmental entity, to operate an adult oriented business within the preceding twelve (12) months, or whose license to operate an adult oriented business has been revoked within the preceding twelve (12) months;
4. An applicant or a person with whom the applicant is residing is overdue in payment to the city in taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to any business;
5. An applicant or a person with whom the applicant is residing has been convicted of a "specified criminal activity";
6. The premises to be used for the adult oriented business have not been approved by the health department, fire department, the police department, zoning department and/or the building department as being in compliance with applicable laws and ordinances;
7. The license fee required under this chapter has not been paid;
8. An applicant of the proposed establishment is in violation of, or is not in compliance with, one or more of the provisions of this chapter.
L. Information On License; Posting Of License: The license issued shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the adult oriented business, and the classification for which the license is issued. The license shall be posted in a conspicuous place at or near the entrance to the adult oriented business so that it may be easily read at any time.
M. Certification: The health department, fire department, building department, police department and zoning department shall complete their certification that the premises are in compliance or not in compliance within twenty (20) days of receipt of the completed application by the director. The certification shall be promptly presented to the director.
N. Reasons For Denial: In the event that the director determines that an applicant is not eligible for an adult oriented business license, the applicant shall be given notice in writing of the reasons for the denial within forty five (45) days of the receipt of the completed application by the director, provided that the applicant may request, in writing at any time before the notice is issued, that such period be extended for an additional period of not more than ten (10) days in order to make modifications necessary to comply with this chapter.
O. Appeal: An applicant may appeal the decision of the director regarding a denial to the city council by filing a written notice of appeal with the city recorder within fifteen (15) days after service of notice upon the applicant of the director's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The director may, within fifteen (15) days of service upon him of the applicant's memorandum, submit a memorandum in response to the memorandum filed by the applicant on appeal to the city council. After reviewing such memoranda, as well as the director's written decision, if any, and exhibits submitted to the director, the city council shall vote either to uphold or overrule the director's decision. Such vote shall be taken within twenty one (21) calendar days after the filing of the appeal unless such time is extended by mutual agreement of the applicant and director. However, all parties shall be required to comply with the director's decision during the pendency of the appeal.
P. Annual Renewal: A license may be annually renewed upon the written application of the applicant and a finding by the director that the applicant has not been convicted of any "specified criminal activity" or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within thirty (30) days of the completed application. The renewal of a license shall be subject to the fee as set forth in section 3-7-7 of this chapter. (Ord. 12-02, 2-28-2012)