(A) (1) All applicants for an adult business license shall file an application for such license with the Town Clerk on forms to be provided by the Clerk. Each principal owner and all managers and employees shall be named in the application form.
(2) The completed application shall contain the following information and shall be accompanied by the following documents:
(a) If the applicant is:
1. An individual, the individual shall state his or her legal name and any aliases and shall submit satisfactory proof that he or she is 18 years of age;
2. A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;
3. A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the statutes of the state, or in the case of a foreign corporation, evidence that it is currently authorized to do business in the state, the names and capacity of all officers, directors and principal owners, and the name of the registered corporate agent and the address of the registered office for service of process; and
4. A limited liability company shall state its complete name, the date of filing of the articles of organization and operating agreement, the names of all managers and members.
(b) Whether the applicant or any other individual listed under division (A)(2)(a) above had worked under or has had a previous adult business license under this chapter or other adult business or adult entertainment code or ordinance from another state, city or county denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation;
(c) Whether the applicant or any other individual listed under division (A)(2)(a) above holds any other licenses under this chapter or other similar adult business code or ordinance from another municipality, county or state and, if so, the names and locations of such other permitted business;
(d) The location of the proposed adult business, including a legal description of the property, street address and telephone number(s), if any;
(e) Proof of the applicant’s right to possession of the premises wherein the adult business is proposed to be conducted;
(f) The applicant’s, or any other individual’s listed, pursuant to division (A)(2)(a) above, mailing address and residential address;
(g) A photocopy of the driver’s license or other government issued identification card for the individuals listed in division (A)(2)(a) above;
(h) A floor plan of the proposed licensed premises which specifies the location and dimensions of any manager’s station and demonstrates that there is an unobstructed view from at least one of the manager’s stations of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. The proposed floor plan shall designate those rooms or other areas of the premises where patrons are not permitted and shall also designate the use of each room or other area of the premises. The proposed floor plan 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 six inches (±6”). The diagram shall designate the place where the license will be conspicuously posted and the location of any proposed stage. A floor plan is not required of the licensed premises of an adult motion picture theater;
(i) A current certificate drawing prepared, within 30 days prior to the application, by a land surveyor depicting the property lines and the structures containing any adult business or massage parlor within 1,000 feet of the closest exterior wall of the structure in which the applicant’s business is proposed to be located and depicting the property line of any church, school, childcare facility, public park, residential zone district or residential lot within 500 feet from the closest exterior wall of the structure in which the applicant’s business is proposed to be located;
(j) Whether the applicant or any of the other individuals listed pursuant to division (A)(2)(a) above have been convicted of a specified criminal act within the times set forth in § 115.007 of this chapter and, if so, the specified criminal act involved, the date of conviction and the place of conviction; and
(k) Photographs (passport size or approximately two inches by two inches) and fingerprints of all principal owners and each manager, general partner and, in the case of a corporate applicant, the president of the corporation.
(3) If the applicant is an individual, he or she must sign the application for a license. If the applicant is a corporation, it must be signed by the president or vice president and attested to by the secretary or assistant secretary. If the applicant is a general or limited partnership, it must be signed by a general partner. If the applicant is a limited liability company, it must be signed by the manager.
(4) If an omission or error is discovered by the Town clerk, the application will be returned to the applicant for completion or correction without further action by the Town Clerk. Any application rejected due to an omission or error shall be refiled only when the omission or error has been remedied. For the purposes of this chapter, the date the Town Clerk accepts an application which is complete shall be the date the application is filed with the Town Clerk.
(5) In the event that the Town Clerk determines that the applicant has improperly completed the application, he or she shall promptly notify the applicant of such fact and allow the applicant 30 days to properly complete the application. The time period for granting or denying a license shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.
(6) Applicants for a license under this chapter shall have a continuing duty to promptly supplement application information required by this chapter in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within 30 days from the date of such change, by supplementing the application on file with the Town Clerk, shall be grounds for the suspension or revocation of an adult business license.
(Prior Code, § 760.5)
(B) Each applicant for a new license or as specified in § 115.010 of this chapter, whether an individual, partnership or corporation, shall pay an application fee of $150 at the time of the filing of an application. Such application fee shall be non-refundable.
(Prior Code, § 760.6)
(Ord. 498, passed 1-6-2005)