The following license provisions and regulations are ordained for the purpose of operating a sexually oriented business.
(A) No person shall operate a sexually oriented business unless such person has received site plan approval in accordance with the zoning code of the town set forth in Ch. 153 and received a sexually oriented business license as provided by this chapter.
(B) Every application for a sexually oriented business license prescribed herein shall be upon a form approved by the Town Manager and shall be filed with the town. An application shall be made under oath and shall contain the following information:
(1) If the applicant is a person, the name and residence address of such person, including any aliases or other names by which the applicant is known or which the applicant has used at any time; the residences and addresses for the past two years; business and home telephone numbers; occupation; date and place of birth; social security number; drivers license number; and a recent photograph of the applicant. If the applicant is a partnership, corporation, association or other entity, the same information is required for all partners, corporate officers, directors and any individuals having 10% or greater interest in the corporation, partnership, association or other entity;
(2) The address of the premises where the proposed sexually oriented business is located;
(3) A complete statement of all convictions of any person whose name is required to be given in subsection (B)(1) for prostitution; for any sexually related crime; for any violation of any law relative to prostitution; or for any crime involving sexual misconduct as codified in the laws of the United States, this or any other state, including but not limited to convictions of violations of any of the offenses enumerated in G.S. Ch. 14, Arts. 26, 26A and 27 or the same offenses as codified in the laws of the United States, this or of any other state;
(4) A complete statement of any denial and/or revocation of any license, including the grounds and reasons theretofore, to operate a sexually oriented business by any governmental unit, listed by name and address of any person whose name is required to be given in subsection (B)(1) for the five years preceding the date of the filing of this application;
(5) For any person whose name is required to be given in subsection (B)(1), a complete statement of any convictions or violations of any statute, law, ordinance or regulation concerning the operation of a sexually oriented business by any governmental unit for the five-year period preceding the date of the filing of the application;
(6) A description of any other business proposed to be operated on the same premises or on adjoining premises owned or controlled by the applicant or any other person or entity listed in subsection (B)(1) above;
(7) All applicants, and any individual listed in subsection (B)(1), shall submit to fingerprinting by a town police officer. The fingerprint cards shall be submitted to the F.B.I. for processing. Returned fingerprint cards and any criminal histories shall be kept on file in the Town Police Department;
(8) A site plan showing the floor layout, customer area and location of the structure to be used as a sexually oriented business on the property in accordance with all the requirements outlined in this subchapter and in the zoning code;
(9) A current certificate and straight-line drawing prepared by a registered land surveyor, depicting the property lines and the structure containing the proposed sexually oriented business and its distance from: existing land uses, including but not limited to established dwellings within the Light Industrial I Zoning District; the Commercial Zoning District; the residential zoning districts (Residential Low, Residential High, Ocean Impact Residential); the Government and Institutional Zoning Districts; other sexually oriented businesses; religious complexes; libraries; schools; state licensed child day care centers; public playgrounds; public swimming pools; public parks; and any outdoor recreational use;
(10) A statement signed under oath that the applicant has personal knowledge of the information contained in the application, that the information contained therein is true and correct, that the applicant consents to the investigation of his background by the town to verify the information provided and that the applicant has read and understands the provisions of this chapter regulating sexually oriented businesses.
(C) In addition to the above requirements, every licensed sexually oriented business shall maintain a current list of all employees employed by the licensee showing: the legal name, current stage name, current address, current phone number, date of birth and current drivers license number. In addition, the licensee of a sexually oriented business shall maintain a record, updated at least every six months, of the height, weight, hair and eye color, scars, tattoos and passport quality photograph of each employee.
(D) The licensee shall keep the records required by this chapter available and open for inspection by the Town Police Department or Town Director of Planning and Inspections or authorized designee or the State of North Carolina or Dare County Health Departments at any time the sexually oriented business is open for business.
(Ord. 99-02, passed 2-8-99) Penalty, see § 112.99