(a) Any owner desiring to operate a sexually oriented business, as defined in Article 2 of the Howell Zoning code for which a license is required, shall first make application to the City Clerk for a license on a form provided by the City Clerk. The application shall contain the following information:
(b) A description of services to be provided.
(c) The location, mailing address and all telephone numbers for the sexually oriented business.
(d) The name and permanent residence address of the applicant(s).
1. If the applicant is a corporation, the names and permanent residence addresses of each of the officers, directors and resident agents of said corporation and of each stockholder owning more than ten (10) percent of the stock of the corporation, the address of the corporation itself, if different from the address of the proposed sexually oriented business, and the name and address of a resident agent in Livingston County, Michigan.
2. If the applicant is a partnership, the names and permanent residence addresses of each of the partners and of the partnership itself, if different from the address of the proposed sexually oriented business, and the name and address of a resident agent in Livingston County, Michigan.
(e) The applicant's two (2) immediately preceding addresses.
(f) Proof that each applicant is at least eighteen (18) years of age.
(g) Copy of identification such as driver's license which bears a date of birth for each individual or partnership applicant(s), officers, directors, stockholders and resident agent.
(h) One front face current portrait photograph of the applicant(s) at least two inches by two inches (2" x 2") and a complete set of applicant(s) fingerprints which shall be taken by the Howell City Police Chief or his/her agent. If the applicant is a corporation, one front face current portrait photograph at least two inches by two inches (2" x 2") of all officers and resident agents of said corporation and a complete set of the same officers', directors' and resident agents' fingerprints which shall be taken by the Howell City Police Chief or his/her agent. If the applicant is a partnership, one front-face current portrait photograph at least two inches by two inches (2" x 2") in size of each partner, including a limited partner in said partnership, and a complete set of each partner or limited partner's fingerprints which shall be taken by the Howell City Police Chief or his/her agents.
(i) Business, occupation, or employment of the applicant(s) for the three (3) years immediately preceding the date of application.
(j) Statement of whether or not the applicant(s) has previously operated a sexually oriented business in this or another municipality or state;
(k) Statement of whether or not the applicant(s) has had a business license of any kind revoked or suspended and the reason therefore;
(l) All criminal convictions other than misdemeanor traffic violations not involving a controlled substance or alcohol, including the dates of conviction(s), nature of the crime(s) and court or tribunal.
(m) The names, addresses, birth dates and drivers license numbers of each employee or independent contractor, who is or will be employed in said proposed sexually oriented business.
(n) The name, address, birth dates and driver's license number of each individual who will be a manager, acting manager or in charge of each facility.
(o) The name and addresses of any sexually oriented business or other facility owned or operated by any person whose name is required to be given in subsection (c).
(p) A description of any other business(es) to be operated on the same premises or on adjoining premises owned or controlled by the applicant(s)
(q) Authorization for the City, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant(s) for the permit including a LEIN records check of all applicants, employees, officers, directors, resident agents or stockholders.
(r) Such other identification and information necessary to discover the truth of the matters herein before specified as required to be set forth in the application.
(s) The names, current addresses and written statements of at least three (3) bona fide permanent residents of the United States that the applicant is of good moral character. It the applicant is able, the statement must first be furnished from residents of the City of Howell, then the County of Livingston, then the State of Michigan and lastly from the rest of the United States. These references must be persons other than relatives and business associates.
(t) Evidence of current valid General Liability Insurance with minimum limits of One Million ($1,000,000.00) Dollars per occurrence, and Workers Compensation Insurance to comply with all State of Michigan statutory requirements.
(u) A community impact statement. The community impact statement shall contain, at a minimum:
1. A detailed description of the proposed business, including the names and addresses of the applicant for the license, the street address and legal description of the proposed business location, a description of the building and facilities, a description of the merchandise and services to be offered to the public, a statement of the proposed hours of operation, a profile of the expected customers, a projection of the market area, and a list of similar operations for comparison purposes in Michigan.
2. A detailed analysis of the existing business community within one thousand (1000) feet of the proposed location, including the following information:
i. The name of all other businesses within one thousand (1000) feet of the proposed location;
ii. A description of the type of business within the limits;
iii. A profile of the customers or patrons of the businesses within the limits;
iv. A profile of the market area of the other businesses;
v. A description of the trend of economic growth and/or deterioration of the existing business community within the limits;
vi. A signed statement from a qualified property appraiser registered with the American Institute of Real Estate Appraisers or the Society of Real Estate Appraisers as to the projected impact of the sexually oriented business on commercial property values within one thousand (1000) feet of the proposed location.
vii. A detailed analysis of the existing residential community within one thousand (1000) feet of the proposed location, including the following information:
A. A description of the type of residential housing within one thousand (1000) feet;
B. A demographic analysis of the persons living within one thousand (1000) feet of the proposed location, including an analysis of the ages, occupations and attitudes of persons living within the area toward the proposed location of the sexually oriented business;
C. A statement as to the proximity of schools, churches, pubic facilities, rest homes, convalescent homes and licensed foster care facilities, and an analysis of the impact of the proposed use upon those uses;
D. An analysis of the impact of the proposed business upon the social environment of the City;
E. A signed statement from a qualified property appraiser registered with the American Institute of Real Estate Appraisers or the Society of Real Estate Appraisers as to the projected impact of the sexually oriented business on residential property values within one thousand (1000) feet of the proposed location.
viii. A detailed analysis of the zoning within one thousand (1000) feet of the proposed location with an analysis of the impact of the proposed use on existing and projected principal permitted uses and existing and projected permitted uses subject to special approval within those limits, including:
A. A list of alternative locations for the proposed business;
B. A list of alternative uses at the proposed location.
ix. The community impact statement shall also contain:
A. A detailed statement setting forth the statistical procedures and methods used to compile and prepare the community impact statement;
B. The names, addresses and telephone numbers of the person or persons who prepared the community impact statement.
x. All information required by this section shall be provided at the applicant's expense.
(v) Upon the full completion of the application form and the furnishing of all foregoing information and documentation, the City shall accept the application for the necessary investigations. The holder of a sexually oriented business license shall notify the City of each change in any of the data required to be furnished by this section within ten (10) days after such change occurs.
(w) At the time the application is filed, a nonrefundable application fee, as set forth by City Council resolution, shall be remitted to the City Clerk and shall be in addition to any other fee required by this Code.
(x) If an owner who wishes to operate a sexually oriented business is an individual, he or she must sign the application for a license as the applicant. If an owner who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten (10%) percent or greater interest in the business must sign the application for a license as an applicant. Each applicant must meet all requirements set forth in this article, and each applicant shall be considered a licensee if a license is granted.
(y) At the time the completed application for a sexually oriented business is submitted, the City Clerk will check the application for completeness of information within ten (10) business days of the date of the application is submitted. If the application is determined to be incomplete, it shall within ten (10) business days be returned to the applicant with a written statement identifying all deficiencies or missing information prior to resubmission to the City Clerk.
(z) The applicant must acknowledge that all information provided to the City is true and accurate, and must further agree to be liable for the payment of the City's legal fees in the event the City is successful in any administrative or judicial proceedings alleging a violation of these provisions.