(A) No person shall maintain, operate, conduct or cause to be conducted, any sexually-oriented business within the limits of the county without first obtaining a permit under this section.
(B) Applications for a sexually-oriented business permit, whether original or renewal, must be made to the Area Plan Commission by the intended operator of the enterprise. An application shall be considered complete if it includes the information required in this section. The applicant shall be qualified according to the provisions of this chapter. The application is complete when it includes the information and items required in divisions (B)(1) and (B)(2) below.
(1) The following information shall be provided on the application form:
(a) The full true name of the applicant, and any other names or aliases used in the preceding five years;
(b) The applicant’s current street address (and mailing address if different);
(c) Proof that the applicant is at least 18 years of age, consisting of either:
1. A copy of the applicant’s birth certificate and current photo;
2. A copy of the applicant’s driver’s license with picture; or
3. Another picture identification document issued by a government agency.
(d) The name of the business, the business location and legal description of the property and a description of the type of sexually oriented business;
(e) 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 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;
(f) A signed statement stating the following:
1. That the business is authorized by the state to conduct business within the state;
2. That the site being applied for meets the requirements of § 154.144 of this chapter; and
3. The name and address of the statutory agent or other agent authorized to receive service of process.
(g) If a person wishing to operate a sexually-oriented business is an individual, he or she shall sign the application for a permit as applicant. If an entity (partnership, corporation, limited liability company or the like) or group of individuals seeks to obtain a permit, each individual with 30% or greater ownership interest must sign as an applicant under oath and provide the information required in this section.
(2) The applicant shall be required to pay a non-refundable application fee as set forth in the Permit Fee Schedule on file with the Area Plan Commission.
(3) The information provided by an applicant in connection with the application for a permit under this chapter shall be maintained by the county on a confidential basis, and may be disclosed only:
(a) To other governmental agencies in connection with a bona fide law enforcement or public safety function; or
(b) As may otherwise be required by law or a court order.
(4) Applicants for a permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event that the information changes in any way from what is stated on the application. The failure to comply with this continuing duty within 30 days from the date of the change by supplementing the application on file with the Area Plan Commission shall be grounds for suspension of a permit.
(5) In the event that the Building Commissioner or his or her designee determines or learns at any time that the applicant has improperly completed the application for a proposed sexually-oriented business, the Building Commissioner shall promptly notify the applicant of that fact and allow the applicant ten days to properly complete the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.
(Ord. passed 9-1-2006) Penalty, see § 154.999