A. Prohibition: It is unlawful:
1. For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the city for the particular type of business.
2. For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the city pursuant to this chapter.
3. For any person to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this chapter.
B. Application Form: An application for a sexually oriented business license or a sexually oriented business employee license must be made on a form provided by the city clerk.
C. Required Information: 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 shall be notarized. The application shall include the information called for in subsections C1 through C6 of this section, and where applicable, subsection C7 of this section, as follows:
1. The full true name and any other names used in the preceding five (5) years.
2. The current business address.
3. Either a set of fingerprints suitable for conducting necessary background checks pursuant to this chapter, or the applicant's social security number, to be used for the same purpose.
4. If the application is for a sexually oriented business license, the name, business location, legal description, business mailing address and phone number of the proposed sexually oriented business.
5. Written proof of age, in the form of either: a) a copy of a birth certificate and current photo, b) a current driver's license with picture, or c) other picture identification document issued by a governmental agency.
6. The issuing jurisdiction and the effective dates of any license or permit held by the applicant relating to a sexually oriented business, and whether any such license or permit has been denied, revoked, or suspended, and the reason or reasons therefore.
7. If the application is for a sexually oriented business license, the name and address of the statutory agent or other agent authorized to receive service of process.
The information provided pursuant to subsections C1 through C7 of this section shall be supplemented in writing by certified mail, return receipt requested, to the city clerk within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete.
D. Diagram Of Premises: The application for a sexually oriented business license must be accompanied by 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 must be drawn to a designated scale or drawn with market dimensions of the interior of the premises to an accuracy of plus or minus six inches (±6"). Applicants who must comply with section 3-10-17 of this chapter shall submit a diagram meeting the requirements of that section.
E. Inspections: The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the law by the fire department and building official.
F. Execution Of Application: If a person who wishes to operate a sexually oriented business is an individual, the individual must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten percent (10%) or greater interest in the business, and each officer, director, general partner, or other person who will participate directly in decisions relating to management of the business must sign the application for a license as applicant. Each applicant must be qualified under section 3-10-5 of this chapter and each applicant shall be considered a licensee if a license is granted.
G. No Exemption: A person who possesses a valid business license is not exempt from the requirement of obtaining any required sexually oriented business license. A person who operates a sexually oriented business and possesses a business license shall comply with the requirements and provisions of this chapter, where applicable. (Ord. 685, sec. 1, 5-21-2001)