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A. License Required: No sexually oriented business, escort service, outcall service or nude or seminude dancing agency shall be permitted to operate without a valid sexually oriented business license issued by the city for the particular type of business. It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business, escort service, outcall service or nude or seminude dancing agency without said license. (1998 Code § 9-500; amd. 2000 Code)
B. Business License Authority Responsibility: The business license authority is responsible for granting, denying, revoking, renewing, suspending and canceling licenses under this chapter. The business license authority is also responsible for ascertaining whether a proposed sexually oriented business for which a license is being applied for complies with all locational requirements of the sexually oriented business land use ordinance and all applicable land use laws and/or regulations now in effect or as amended or enacted subsequent to the effective date hereof in the city.
C. Conviction Information By Police Department: The Police Department is responsible for providing information on whether an applicant has been convicted of a specified criminal act during the time period set forth.
D. Inspection By City: The City is responsible for inspecting a proposed, permitted or nonpermitted sexually-oriented business, escort service, outcall service or nude or semi-nude dancing agency in order to ascertain whether it is in compliance with applicable statutes and ordinances.
E. Application Form; Submission: An application for a license must be made on a form provided by the City. Any person desiring to operate a sexually-oriented business shall file with the City an original and two (2) copies of a sworn license application on the standard application form supplied by the City.
F. Applicant Information: Before any applicant may be licensed to operate a sexually-oriented business, escort service, outcall service or nude or semi-nude dancing agency, or as a sexually- oriented business employee pursuant to this Chapter, the applicant shall submit, on a form to be supplied by the City license authority, the following:
1. The correct legal name of each applicant, corporation, partnership, limited partnership, LLC, or entity doing business under an assumed name; (1998 Code § 9-500)
2. If the applicant is a corporation, partnership or limited partnership, LLC, or individual or entity doing business under an assumed name, the information required below for individual applicants shall be submitted for each partner and each principal of an applicant, and for each officer, director and any shareholder (corporate or personal), of ten percent (10%) or more of the stock of an applicant. Any holding company, or any entity holding ten percent (10%) or more of an applicant, shall be considered an applicant for purposes of disclosure under this Chapter. (1998 Code § 9-500; amd. 2000 Code)
3. All corporations, partnerships or limited partnerships, LLCs or noncorporate entities included on the application shall also identify each individual authorized by the corporation, partnership, LLC or noncorporate entity to sign the checks for such corporation, partnership, LLC or noncorporate entity;
4. For all applicants or individuals, the application must also state:
a. Any other names or aliases used by the individual;
b. The age, date and place of birth;
e. Color of hair;
f. Color of eyes;
g. Present business address and telephone number;
h. Present residence and telephone number;
i. Utah driver's license or identification number, or other state's driver's license or identification number if applicant does not have a valid Utah driver's license; and
j. Social security number.
5. Acceptable written proof that any individual is at least eighteen (18) years of age or, in the case of employees to be employed in businesses where a different age is required, proof of the required age;
6. Attached to the form as provided above, two (2) color photographs of the applicant clearly showing the individual's face and the individual's fingerprints on a form provided by the Police Department. For persons not residing in the City, the photographs and fingerprints shall be on a form from the law enforcement jurisdiction where the person resides. Fees for the photographs and fingerprints shall be paid by the applicant directly to the issuing agency;
7. For any individual applicant required to obtain a sexually- oriented business employee license as an escort or as a nude or semi-nude entertainer, a certificate from the Southwest Utah Health Department, or other organization as determined by the City, stating that the individual has, within thirty (30) days immediately preceding the date of the application, been examined and found to be free of any contagious or communicable diseases;
8. A statement of the business, occupation or employment history of the applicant for three (3) years immediately preceding the date of the filing of the application;
9. A statement detailing the license or permit history of the applicant for the five (5) year period immediately preceding the date of the filing of the application, including whether such applicant previously operated or sought to operate, in this or any other county, city, state or territory, has ever had a license, permit or authorization to do business denied, revoked or suspended, or has had any professional or vocational license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, state the date, the name of the issuing or denying jurisdiction, and state in full the reasons for the denial, revocation or suspension. A copy of any order of denial, revocation or suspension shall be attached to the application;
10. All criminal convictions or pleas of nolo contendere, except those which have been expunged, and the disposition of all such arrests for the applicant, individual or other entity subject to disclosure under this Chapter, for five (5) years prior to the date of the application. This disclosure shall include identification of all ordinance violations, excepting minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor offense), stating the date, place, nature of each conviction or plea of nolo contendere and sentence of each conviction or other disposition; identifying the convicting jurisdiction and sentencing court and providing the court identifying case numbers or docket numbers. Application for a sexually-oriented business, escort service, outcall service or nude or semi-nude dancing agency, or employee license, shall constitute a waiver of disclosure of any criminal conviction or plea of nolo contendere for the purposes of any proceeding involving the business or employee license;
11. 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 business for which the applicant seeks a license for 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 in which the service is or will be located;
12. A description of the services to be provided by the business, with sufficient detail to allow reviewing authorities to determine what business will be transacted on the premises, together with a schedule of usual fees for services to be charged by the licensee, and any rules, regulations or employment guidelines under or by which the business intends to operate. This description shall also include:
a. The hours that the business or service will be open to the public, and the methods of promoting the health and safety of the employees and patrons, and preventing them from engaging in illegal activity;
b. The methods of supervision preventing the employees from engaging in acts of prostitution or other related criminal activities;
c. The methods of supervising employees and patrons to prevent employees and patrons from charging or receiving fees for services or acts prohibited by this Chapter or other statutes or ordinances;
d. The methods of screening employees and customers in order to promote the health and safety of employees and customers and prevent the transmission of disease, and prevent the commission of acts of prostitution or other criminal activity;
e. Require annual/semi-annual HIV and hepatitis testing. (1998 Code § 9-500)