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A. Signature Required: If a person who wishes to operate a sexually oriented business is an individual, he shall sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, the application shall include the full legal name, address, and state of incorporation of the business. Each officer, director, general partner, or other person who owns a controlling interest in the business, or who will participate directly in decisions relating to management and control of the business, shall sign the license application as an applicant. Each applicant must be qualified under this ordinance and each applicant shall be considered a licensee if a license is granted.
B. Temporary License: Upon filing a completed application for a sexually oriented business license or sexually oriented business work permit, the business license official shall issue a temporary license to the applicant, which temporary license shall expire upon the final decision of the city to deny or grant the license.
C. Information Required For Complete Application: An application shall be considered complete when it contains the information required in subsections C1 through C5 of this section as follows:
1. The full legal name and any other names or aliases used by the applicant;
2. The applicant's date and place of birth;
3. Present business address and telephone number;
4. Identification issued by a federal or state governmental agency with the individual's colored photograph, signature, and physical description;
5. Fingerprints on a form provided by a public safety department;
6. The identity of each individual authorized by the corporation partnership or noncorporate entity to receive service of process. If the application is for a sexually oriented business license, the application shall be accompanied by a sketch or diagram showing the interior 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 shall 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").
D. Statement Of Convictions: Each applicant must provide a statement of whether the applicant has been convicted of, or has pled guilty or nolo contendere to, a "specified criminal activity", as defined in this chapter, and if so, the specified criminal activity involved, the date, place, and jurisdiction of each.
E. Nonowner Applicant Of Property: In the event the applicant is not the owner of record of the real property upon which the business or proposed business is or is to be located, the application must be accompanied by a notarized statement from the legal or equitable owner of the possessory interest in the property specifically acknowledging the type of business for which the applicant seeks a license to operate a sexually oriented business on the property. In addition to furnishing such notarized statement, the applicant shall furnish the name, address, and phone number of the owner of record of the property, as well as the copy of the lease or rental agreement pertaining to the premises on which the service is or will be located. (Ord. 02-21, 9-5-2002)
A. Required: Each applicant for a sexually oriented business license shall be required to pay a regulatory license fee as set forth in the consolidated fee schedule as adopted from time to time by the city council.
B. Fee Additional: This fee shall be in addition to the other licenses and fees required to do business in the city. (Ord. 02-21, 9-5-2002)
A license shall be issued for a period not to exceed twelve (12) months. All sexually oriented business licenses shall expire on december 31 of each year regardless of when issued. The license fees required shall not be prorated for any portion of the year. (Ord. 02-21, 9-5-2002)
A. Time Limit; Conditions For Nonissuance: Under no circumstances shall the total time for the city to issue a license or issue a written intent to deny an application for a license exceed thirty (30) days from the receipt of a completed application. The business license official shall issue a license to the applicant unless the official finds one or more of the following to be true by a preponderance of the evidence:
1. The applicant is under eighteen (18) years of age or any higher age, if the license sought requires a higher age.
2. The applicant is overdue in payment to the city of taxes, fees, fines or penalties assessed against the applicant or imposed on the applicant in relation to a sexually oriented business.
3. The applicant has falsely answered a material question or request for information specifically authorized by this chapter.
4. The license fees required by this chapter have not been paid.
5. All applicable sales and use taxes have not been paid.
6. Each applicant must provide a statement of whether the applicant has been convicted of or has pled guilty or nolo contendere to a "specified criminal activity", as defined in this chapter, and if so, the specified criminal activity involved, the date, place, and jurisdiction of each. The fact that a conviction is being appealed shall have no effect on the disqualification pursuant to this section.
B. Content Of License: The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to the licensee, the expiration date, and, if the license is for a sexually oriented business, the address of the sexually oriented business. The sexually oriented business license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time. (Ord. 02-21, 9-5-2002)
The licensee shall submit, in writing, any change in the information required to be submitted under this chapter for either a sexually oriented business license or sexually oriented business work permit to the business license official within fourteen (14) days after such change. (Ord. 02-21, 9-5-2002)
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