§ 114.41 TERM; DUE DATE.

   The licenses required by this subchapter are annual privilege licenses. The licenses shall be due and payable in the same manner as prescribed for other privilege licenses issued by the Town Tax Collector pursuant to the license and privilege tax ordinance of the town.

(Ord. passed 4-26-1993)

Statutory reference:

   Privilege licenses, see G.S. §§ 160A-211 et seq.

§ 114.42 TRANSFERS AND THE LIKE.

   Any person who buys a topless establishment from a former owner or other person having an ownership interest in a business does so subject to any pending criminal charges which are grounds for revocation and which involve the same business premises; upon any conviction resulting from the charges, the new owner or operator shall be ineligible for a business license at the same premises for a period of 3 years, and any topless establishment operator license for the premises held by any person at the time of the conviction shall be subject to revocation to the same extent as the former license would have been.

(Ord. passed 4-26-1993)

§ 114.43 REVOCATION OR TERMINATION.

   (A)   A license issued pursuant to this subchapter shall be revoked by action of the Town Council if the Town Council finds that:

      (1)   The licensee has violated any provision of this chapter;

      (2)   The licensee, or any agent of the licensee, employs or permits to be on the premises of the applicant's topless establishment any topless employee who has not been issued the privilege required by §§ 114.40 through 114.50, or whose license under this subchapter has been revoked;

      (3)   The licensee, or the legal or beneficial owner of any interest in the licensee is convicted of violating any regulation of the Alcoholic Beverage Control Board or is convicted of any crime involving sexual misconduct, including but not limited to G.S. §§ 14-177 et seq. or 14-203 et seq.;

      (4)   Any employee cf the licensee is convicted of any felony in connection with his or her employment, or is convicted of any crime involving sexual misconduct, including, but not limited to G.S. §§ 14-177 et seq. or 14-203 et seq. or of any provision of this code; or

      (5)   The licensee violates any Zoning, Building or Fire Prevention Chapters.

   (B)   (1)   A license issued pursuant to this subchapter is void if the licensee moves or ceases operating a topless establishment at the location required to be stated in the application for the license.

      (2)   Any person whose business license would have been subject to revocation under any provision of this chapter for conduct which originated during the time the license was held and which is pending criminal trial at the time the license is surrendered or lapses may not receive a new license for operating a topless establishment for a period of 3 years from the date of any pertinent conviction, and any topless establishment operator license presently held by the person shall be subject to revocation on the basis of the conviction.

(Ord. passed 4-26-1993)

§ 114.44 EMPLOYEE LICENSE REQUIRED.

   No person shall be employed as a topless employee unless that person shall have first received a privilege license for same.

(Ord. passed 4-26-1993) Penalty, see § 10.99

§ 114.45 APPLICATION.

   (A)   The application for the license required by this subchapter shall be upon a form approved by the Town Manager and shall be filed with the Town Tax Collector.

   (B)   The application shall be given under oath and shall contain the following information:

      (1)   The name, age and residence address of the applicant;

      (2)   A complete statement of the previous business or occupation of the applicant for the 2 years immediately preceding the date of application, including any employment or association with a topless establishment;

      (3)   A complete statement of all convictions of the applicant for any felony or misdemeanor or violation of a local ordinance; and

      (4)   The date and place of applicant's birth, the name of applicant's parents and the residence address or addresses of the applicant for the 5 years immediately preceding the date of application.

(Ord. passed 4-26-1993)