§ 113.20 LICENSE REQUIRED.
   (A)   (1)   It shall be unlawful:
         (a)   For any person to operate a sexually-oriented business without a valid sexually-oriented business operator’s license issued by the Director pursuant to this subchapter;
         (b)   For any person who operated a sexually-oriented business to employ a person to work and/or perform services on the premises of the sexually-oriented business, if such employee is not in possession of a valid sexually-oriented business employee license issued to such employee by the Director pursuant to this subchapter; or
         (c)   For any person to obtain employment with a sexually-oriented business if such person is not in possession of a valid sexually-oriented business employee license issued to such person by the Director pursuant to this subchapter.
         (d)   It shall be a defense to divisions (A)(1)(b) and (A)(1)(c) above if the employment is of limited duration and for the sole purpose of repair and/or maintenance of machinery, equipment or the premises.
      (2)   Violation of any provision within this division (A) shall constitute a misdemeanor.
   (B)   An application for a sexually-oriented business operator’s license must be made on a form provided by the city. 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. The sketch or diagram 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. Prior to issuance of an operator’s license, the premises must be inspected by the Health Department, Building Department and Zoning Department. Prior inspection by the Health Department and Building Department shall be required only when the provisions set forth in §§ 113.45 and 113.46 of this code are applicable. (See Schultz v. City of Cumberland, 228 F.3d 831 (7th Cir. 2000).
   (C)   An application for a sexually-oriented business employee license must be made on a form provided by the city.
   (D)   All applicants for a license must be qualified according to the provisions of this subchapter. The application may request, and the applicant shall provide, such information reasonably necessary (including fingerprints) to enable the city to determine whether the applicant meets the qualifications established under this subchapter. The applicant has an affirmative duty to supplement an application with new information received subsequent to the date that application was deemed completed.
   (E)   If a person who wishes to own or operate a sexually-oriented business is an individual, he or she must sign the application for an operator’s license as applicant. If a person who wishes to operate a sexually-oriented business is other than an individual, each individual who has a 10% or greater interest in the business must sign the application for an operator’s license as applicant. If a corporation is listed as owner of a sexually-oriented business or as the entity that wishes to operate such a business, all corporate officers and directors must sign the application for an operator’s license as applicant.
   (F)   (1)   Applications for an operator’s license, whether original or renewal, must be made to the Director by the intended operator of the enterprise. Applications must be submitted to the office of the Director or the Director’s designee during regular working hours.
      (2)   Application forms shall be supplied by the Director. The following information shall be provided on the application form:
         (a)   The name, street address (and mailing address if different) of the applicants);
         (b)   The applicant’s Social Security number and/or his or her state or federally-issued tax identification number;
         (c)   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 sexually-oriented business under a name other than that of the applicant; he or she must state the sexually-oriented business’s fictitious name and submit the required registration documents;
         (d)   Whether the applicant has been convicted, or is awaiting trial on pending charges, of a specified criminal activity as defined in § 113.01 of this code and, if so, the specified criminal activity involved, the date, place and jurisdiction of each;
         (e)   Whether the applicant has had a previous license under this subchapter, or other similar sexually-oriented business ordinance from another city or county denied, suspended or revoked, including the name and location of the sexually-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 is, or has been, a partner in a partnership, or an officer, director or principal stockholder of a corporation that is, or was, licensed under a sexually-oriented business ordinance whose business license has previously been denied, suspended or revoked, including the name and location of the sexually-oriented business for which the business license was denied, suspended or revoked, as well as the date of denial, suspension or revocation;
         (f)   Whether the applicant holds any other licenses under this subchapter or other similar sexually-oriented business ordinance from another city or county and, if so, the names and locations of such other licensed businesses;
         (g)   The single classification of license, as found in § 113.02 of this code for which the applicant is filing;
         (h)   The telephone number of the establishment;
         (i)   The address and legal description of the tract of land on which the establishment is to be located;
         (j)   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 a sexually-oriented business at the location for which the business license is sought;
         (k)   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 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; and
         (l)   If an applicant wishes to operate a sexually-oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, video cassettes, other video reproductions or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirement set forth in § 113.46 of this code.
   (G)   Each application for an operator’s license shall be accompanied by the following:
      (1)   Payment of the application fee in full;
      (2)   If the establishment is a state corporation, a certified copy of the articles of incorporation, together with all amendments thereto;
      (3)   If the establishment is a foreign corporation, a certified copy of the certificate of authority to transact business in this state, together with all amendments thereto;
      (4)   If the establishment is a limited partnership formed under the laws of the state, a certified copy of the certificate of limited partnership, together with all amendments thereto;
      (5)   If the establishment is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto;
      (6)   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;
      (7)   If the persons identified as the fee owner(s) of the tract of land in division (G)(6) above is not also the owner of the sexually-oriented business, then the lease, purchase contract, purchase option contract, lease options contract or other document(s) evidencing the legally enforceable right of the owner(s) or proposed owner(s) of the sexually-oriented business to have or obtain the use and possession of the tract or portion thereof that is to be used for the sexually-oriented business;
      (8)   A current certificate and straight-line drawing prepared within 30 days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually-oriented businesses within 1500 feet of the property to be certified; and the property lines of any established religious institution/synagogue, school, public park or recreation area within 500 feet of the property to be certified. 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
      (9)   Any of items in divisions (G)(2) through (G)(8) above shall not be required for a renewal application if the applicant states that the documents previously furnished to the Director with the original application or previous renewals thereof remain correct and current.
   (H)   (1)   Applications for an employee license to work and/or perform services in a sexually-oriented business, whether original or renewal, must be made to the Director by the person to whom the employee license shall issue. Each application for an employee license shall be accompanied by payment of the application fee in full. Application forms shall be supplied by the Director. Applications must be submitted to the office of the Director or the Director’s designee during regular working hours.
      (2)   Each applicant shall be required to give the following information on the application form:
         (a)   The applicant’s given name, and any other names by which the applicant is or has been known, including “stage” names and/or aliases;
         (b)   Age, and 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)   Date, issuing state and number of photo driver’s license or other state-issued identification card information;
         (g)   Social Security number; and
         (h)   Proof that the individual is a least 18 years old.
      (3)   The personal information provided in this division (H) shall be confidential and shall not be disclosed to the public except to the extent required by the state or federal law. (See Schultz v. City of Cumberland, 228 F.3d 831 (7th Cir. 2000).)
   (I)   Attached to the application form for any license under this subchapter shall be the following:
      (1)   A color photograph of the applicant clearly showing the applicant’s face, and the applicant’s fingerprints on a form provided by the Police Department. Any fees for the photographs and fingerprints shall be paid by the applicant;
      (2)   A statement detailing the license history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant, in this or any other city, county, state or country, has ever had any 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 name(s) under which the license was sought and/or issued, the name(s) of the issuing or denying jurisdiction, and describe in full the reason(s) for the denial, revocation or suspension. A copy of any order of denial, revocation or suspension shall be attached to the application; and
      (3)   A statement whether the applicant has, within the past five years, been convicted or is awaiting trial on pending charges, of a specified criminal activity as defined in § 113.01 of this code and, if so, the specified criminal activity involved, the date, place and jurisdiction of each. (See N. W. Enterprises v. City of Houston, 27 F. Supp. 2d 754,841 (S.D. Tex. 1998).)
   (J)   Every application for a license under this subchapter shall contain a statement under oath that:
      (1)   The applicant has personal knowledge of the information contained in the application, and that the information contained therein and furnished therewith is true and correct; and
      (2)   The applicant has read the provisions of this subchapter.
   (K)   A separate application and operator’s license shall be required for each sexually-oriented business classification as set forth in § 113.02 of this code.
   (L)   The fact that a person possesses other types of state or city permits and/or licenses does not exempt him or her from the requirement of obtaining a sexually-oriented business operator or employee license.
(Prior Code, § 10-903) (Ord. 751, passed 3-23-2004) Penalty, see § 113.99