(A) No person shall conduct, maintain, operate or cause substantial enlargement or transfer of ownership or control of any adult entertainment business within the city unless licensed hereunder.
(B) The City Controller is responsible for granting, denying, revoking, renewing, suspending and canceling licenses under this chapter. The City Controller is further responsible for determining whether an applicant for license complies with all applicable zoning laws and/or regulations now in effect or as may be in effect from time to time.
(C) The city’s Code Enforcement Officer shall be responsible for inspecting a proposed, permitted or non- permitted adult entertainment business to ascertain whether it is in compliance with applicable laws.
(D) An application for license shall be made on a form provided by the City Controller and be sworn to by the applicant.
(E) The application for permit shall provide:
(1) If the applicant is:
(a) An individual, the individual’s legal name, any aliases and proof of attaining at least 18 years of age.
(b) A partnership, the partnership’s name, name of all partners, whether it is a general or limited partnership, and a copy of the partnership agreement.
(c) A corporate entity, the company’s legal name, date of incorporation, evidence of good standing under the laws of Indiana, names and capacity of all officers, directors and stockholders owning 10% or more of stock; and the name and address of its resident agent.
(2) If the applicant intends to operate the adult entertainment business under a name other than that of the applicant, he must state the business’s fictitious name and proof of the required Indiana registration documents.
(3) Whether the applicant or any of the other individuals listed in the application has been convicted of any specified criminal activity as defined in § 128.02. If so, the application shall provide the date, place and court of conviction.
(4) Whether the applicant or any individual listed in the application has had a previous license under this chapter, or similar law from another jurisdiction, denied, suspended or revoked, If so, the application shall provide all details of the same, including the name and location of the business for which the license was denied, suspended or revoked, as well as the date of denial, suspension or revocation, and whether the applicant or any other individuals listed on the application has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this or similar ordinance whose license has previously been denied, suspended or revoked, including the name and location of the business for which the license was denied, suspended or revoked as well as the date of denial, suspension or revocation.
(5) Whether anyone listed in the license application holds any other licenses under this chapter or similar laws of other jurisdictions, and if so, the names and locations of other licensed businesses.
(6) The single classification of license for which the applicant is filing.
(7) The location of the proposed place of adult entertainment businesses, with address and telephone number.
(8) The applicant’s mailing address.
(9) A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. 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 inches.
(10) If a person who wishes to operate an adult entertainment business is an individual, that person must sign the application. If the applicant is not an individual, either a partner (in the case of a partnership) or member, officer or director must sign the application.
(F) Applicants for a license hereunder shall have a continuing duty to promptly supplement information required by this chapter within 30 days from the date the application information changes. Failure to comply with this duty shall be grounds for suspension of applicant’s license.
(G) The applicant must be qualified under the terms of this chapter and the premises be in compliance with all health, fire, building and other applicable laws.
(H) The applicant shall pay a non-refundable fee of $500 at time of filing an application under this section.
(I) The fact that an applicant may possess other types of state or city permits and/or licenses does not exempt the applicant from the requirements of this chapter.
(J) The applicant shall be required to provide the city with the names of any and all employees as defined in § 128.02. This shall be a continuing requirement during the term of the license.
(K) Upon receipt of an application for license, the City Controller shall promptly send copies of the same to the Police Department, the Fire Department; the Code Enforcement Officer and any other appropriate officials of the city, each of which shall promptly conduct an investigation in accordance with their responsibilities under law and this chapter, and report their findings back to the City Controller within 20 days. A department or official of the city shall disapprove of the application if it finds that the proposed business will be in violation of any provision of any statute or other law and indicate the same to the City Controller.
(L) The City Controller shall grant or deny the application within 30 days from the date of its proper filing. The license shall be granted unless a reasonable extension is sought by the applicant or unless 1 or more of the following is determined:
(1) The applicant is under 18 years of age;
(2) The applicant is overdue in payment to the city of fines, fees or penalties assessed in relation to an adult entertainment business;
(3) The applicant has failed to provide all information required by this chapter or has falsely provided the information;
(4) The premises to be used for the place of adult entertainment businesses have not been approved as being in compliance with health, fire and building codes by the department or official responsible for investigating such compliance;
(5) The applicant has not fully paid the application fee;
(6) The applicant is in violation of any provision of this chapter;
(7) Granting the license would violate a statute, ordinance or court order; or
(8) The applicant has a license under this chapter that has been suspended or revoked and insufficient time has passed as described in this chapter.
(M) If the City Controller denies the license application, the Controller shall notify in writing the applicant of the denial and of his or her reasons for the same. A hearing will be held within 20 days after the notice at which the licensee may present evidence to controvert the Controller’s decision. The Controller must affirm or reverse its decision within 10 days after the hearing. The Controller’s decision may be appealed to the Board of Public Works and Safety within 30 days after the final decision; and thereafter, to the Circuit or Superior Courts as provided for in law.
(N) The license shall expire 1 year from date of issuance, but may be renewed upon reapplication and payment, of fees as set out above.
(O) The license must remain posted inside the adult entertainment business, in an area in open view to customers.
(Prior Code, § 128.03) (Ord. 8463, passed 1-13-03)