(A) It shall be unlawful for a person to operate a sexually-oriented business without a valid license issued by the Zoning Administrator.
(B) An application for a license must be made on a form provided by the village. The application must be accompanied by a sketch or a diagram showing the configuration of the premises, including a statement of total floor space occupied by the business and the percentage of the total floor space that will be occupied by the sexually-oriented business activity. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus 6 inches.
(C) Applications for a license shall be made and delivered to the Zoning Administrator by the intended operator of the establishment. The intended operator shall be required to give the following information on the application form:
(1) The name and street address (and mailing address, if different) and driver's license number of the intended operator if he/she has such a driver's license.
(2) The name and street address (and mailing address, if different) of the owner(s), if different.
(3) The name under which the establishment is to be operated and a general description of the services to be provided and the products to be carried in inventory for sale, rent or display to customers.
(4) The telephone number of the establishment or, if unavailable, the operator's.
(5) The address, and legal description, of the tract of land on which the establishment is to be located.
(D) All applicants for a license must be qualified according to the provisions of this subchapter. The application may request, and the applicant shall provide, such information reasonably necessary (including fingerprints) to enable the village to determine whether the applicant meets the qualifications established under this subchapter. The applicant has an affirmative duty to supplement an application with new information received subsequent to the date the application was deemed completed.
(E) If a person who wishes to own or operate a sexually-oriented business is an individual, he or she must sign the application for an operator's license as applicant. If a person who wishes to operate a sexually-oriented business is other than an individual, each individual who has a 10% or greater interest in the business must sign the application for an operator's license as applicant. If a corporation is listed as owner of a sexually-oriented business or as the entity that wishes to operate such a business, all corporate officers and directors must sign the application for an operator's license as applicant.
(F) The fact that a person possesses other types of state or county permits and/or licenses does not exempt him or her from the requirement of obtaining a sexually-oriented business license from the village.
(G) The application shall be accompanied by the following:
(1) Payment of the application fee in full;
(2) If the establishment is a Michigan corporation, a certified copy of the articles of incorporation, together with all amendments thereto;
(3) If the establishment is a Michigan limited liability company, a certified copy of the articles of organization, together with all amendments thereto;
(4) If the establishment is a foreign corporation or limited liability company, a certified copy of the certificate of authority to transact business in this state, together with all amendments thereto;
(5) If the establishment is a limited partnership formed under the laws of the state, a certified copy of the certificate of limited partnership, together with all amendments thereto;
(6) If the establishment is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto;
(7) Proof of the current fee ownership of the tract of land on which the establishment is to be situated in the form of a copy of the recorded deed;
(8) If the persons identified as the fee owner(s) of the tract of land in subsection (7) is not also the owner of the sexually-oriented business, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owner(s) or proposed owner(s) of the sexually-oriented business to have or obtain the use and possession of the tract or portion thereof that is to be used for the sexually-oriented business; and
(9) A current certificate and straight-line drawing prepared within 30 days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually-oriented businesses within 1,500 feet of the property to be certified; and the property lines of any established religious institution, church, place of worship, synagogue, school, public park or recreation area within 750 feet of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.
(H) The application shall contain a statement under oath that:
(1) The applicant has personal knowledge of the information contained in the application and that the information contained therein and furnished therewith is true and correct; and
(2) The applicant has read the provisions of this subchapter.
(Ord. 6 08-05, passed 8-1-2005) Penalty, see § 152.999