(A) Fee. A person desiring to obtain a license to operate a sexually oriented business shall, if not already operating at the time this chapter is adopted, shall file an application with the Township Code Enforcement Officer or his/her designee along with a nonrefundable license fee in an amount established by resolution of the Kochville Township Board. A massage establishment as defined in § 114.03 is not a sexually oriented business, and a person seeking to establish, operate or maintain a massage establishment does not have to comply with the provisions of this chapter.
(B) Contents. The application for a sexually oriented business license shall be upon a form provided by the Code Enforcement Officer or his/her designee and shall be signed by the applicant. The application shall contain the following information:
(1) The full name and present residential and mailing addresses of the applicant.
(2) The date of birth and social security number of the applicant.
(3) The two previous residential addresses immediately prior to the present residential address of the applicant and the dates of residence at each residential address.
(4) Any other name(s), nickname(s), or aliases which the applicant has been known by during the previous five years.
(5) A description of the services to be provided and the merchandise to be offered for rent or sale.
(6) The location and mailing address of the sexually oriented business.
(7) The full name, any aliases, and the present residential and mailing addresses of each current employee ad each known intended employee (including, but not limited to, managers and supervisors).
(C) If the applicant is a corporation:
(1) The corporation’s complete name and official business address.
(2) The full name and current business address of each of the officers and directors of the corporation.
(3) The full name and current business address of each stockholder who has a controlling or significant share in the business (more than 10% of the corporation).
(4) The full name and current business address of each individual responsible in whole or in part for the management and operation of the sexually oriented business.
(5) Proof that the corporation is a corporation in good standing and authorized to conduct business in the State of Michigan.
(6) The full name of the registered corporate agent and the address of the registered agent office for service of process.
(D) If the applicant is a partnership or other business entity:
(1) The organization’s complete name and official business address.
(2) The full name and current business address of each of the partners (including limited partners) or members of each of the persons entitled to share in the profits of the organization.
(3) The full name and current business address of each individual responsible in whole or in part for the management and operation of the sexually oriented business.
(4) Proof of a certificate of fact not cancelled with respect to a limited partnership.
(5) Proof of a status certificate with respect to a limit liability company.
(6) The full name of the resident agent and the address of the registered office for service of process.
(E) If the applicant is a corporation, partnership, or other business entity, the following information shall be required with respect to each individual responsible in whole or in part for the management of the sexually oriented business and with respect to each individual responsible in whole or in part for the operation of the sexually oriented business:
(1) Height, weight, sex, color of eyes and hair.
(2) Business, occupation, or employment history for the three years immediately preceding the application.
(3) All felony and misdemeanor convictions and all ordinance violation other than minor traffic violations, and the nature of the offense (charge) for which the individual was convicted.
(4) Written proof (birth certificate or sworn affidavits) that the individual is at least 18 years of age.
(5) A complete set of fingerprints, recorded by the Sheriff's department.
(F) If the applicant is an individual or a group of individuals, the following information shall be required with respect to each individual applicant:
(1) Height, weight, sex, color of eyes and hair.
(2) Business, occupation, or employment history for the three years immediately preceding the application.
(3) All felony and misdemeanor convictions and all ordinance violation other than minor traffic violations, and the nature of the offense (charge) for which the individual was convicted.
(4) Written proof (birth certificate or sworn affidavits) that the individual is at least 18 years of age.
(5) A complete set of fingerprints, recorded by the Sheriff’s department.
(G) One portrait photograph of at least two inches by two inches which shall be taken by the Sheriff’s department, and the results of a criminal history records investigation of the applicant completed within 30 days immediately prior to the date of the filing of the application which shall include all criminal history information on file at the state police central records division pertaining to the applicant (the applicant shall provide his or her fingerprints to the Sheriff’s department for the purpose of obtaining such criminal history information). In the event that the applicant is a corporation, partnership, or other business entity, the applicant shall submit the required photograph and results of a criminal history records investigation of each individual responsible in whole or in part for the management of the sexually oriented business and each individual responsible in whole or in part for the operation of the sexually oriented business.
(H) The history of the applicant in the operation of the sexually oriented business or similar business or occupation, including, but not limited to, whether or not such applicant, in previously operating in the township or in another jurisdiction, has had a sexually oriented business license revoked or suspended and the reason therefore, and the business activity or occupation subsequent to such action or suspension.
(I) The amount of the establishment’s gross sales area which will be used for the sale of merchandise which is predominately distinguished or characterized by an emphasis on the depiction or description of “specified anatomical areas” or “specified sexual activities”; and how much of the establishment’s stock in trade (inventory) will be comprised of merchandise which is predominately distinguished or characterized by an emphasis on the depiction or description of “specified anatomical areas” or “specified sexual activities”.
(J) Such other identification and information bearing on the application as the township may reasonably require.
(Ord. 11-007, passed 1-17-2012)