(A) It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the city, the operation of an adult use as herein defined without first having obtained a separate license for such adult use from the Mayor and City Council.
(B) Every applicant for a license to maintain, operate or conduct an adult use shall file an application in duplicate under oath with the City Clerk upon a form provided by the city and pay a non- refundable filing fee of $1,000 to the City Clerk, who shall issue a receipt which shall be attached to the application.
(C) Within 30 days after receiving the application, the City Clerk shall notify the applicant that his or her application is granted, denied or held for further investigation. Such additional investigation shall not exceed an additional 30 days unless otherwise agreed to by the applicant. Upon the conclusion of such additional investigation, the City Clerk shall advise the applicant in writing whether the application is granted or denied. Whenever an application is denied or held for further investigation, the City Clerk shall advise the applicant in writing of the reasons for such action.
(D) Failure or refusal of the applicant to give any information relevant to the investigation of the application or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding said application, or his or her refusal to submit to or cooperate with any inspection or investigation required by this chapter, shall constitute an admission by the applicant that he or she is ineligible for such license and shall be grounds for denial thereof.
(E) An applicant for a license shall furnish the following information under oath:
(1) The name and address of the applicant. If the applicant is not an individual but is a corporation or partnership, the applicant shall also furnish the names and addresses of all directors, officers and any stockholders holding more than 5% of the stock of a corporate applicant and all partners and limited partners of a partnership or limited partnership. In the case of any other form of entity, the applicant shall disclose such information for all persons controlling more than 5% of the voting rights of said entity as well as those exercising direct managerial control over such entity;
(2) Written proof that the individuals listed pursuant to division (E)(1) above are at least 18 years of age; and
(3) Location of where the adult business is to be operated.
(Ord. 2011-6, passed 7-11-2011) Penalty, see § 113.99