A. Business Premises Requirement:
1. The commission must not issue any license to any person unless the applicant has an established place of business. Sexually oriented businesses, as licensed under this chapter must comply with the appropriate zoning requirements. (1983 Code § 5.24.040; amd. 2003 Code)
2. It is unlawful for any business required to be licensed, to be operated or conducted, either in full or part time, from a residential premises. (1983 Code § 5.24.040)
B. Contents, General: Whenever a person desires to conduct any sexually oriented business in the county, or engage in the business thereof, such person must make application in writing, on a form provided by the commission, to obtain a license therefor, and such application must contain and set forth the following:
1. The name and residence address of the applicant.
2. The kind of license desired, the particular place for which the license is desired, and the name of the owner of the premises where such business is to be operated, along with a copy of the lease or rental agreement for the same.
3. The names and residential addresses of all persons owning an interest in the business, including the name and residential address of the key employee of the business, and where there is more than one owner of such an establishment, the names and residential addresses of all such persons owning an interest in the business must be listed on the application, together with a statement as to the percentage of the business owned by each individual.
4. A consent to sheriff's department and business license division investigation of the applicant's background, including, but not limited to, financial background, employment history and criminal record.
5. A list of convictions for all pandering, prostitution, soliciting, thefts, fraud, obtaining money under false pretenses, use, sale or distribution of a controlled substance, embezzlement or any criminal conviction involving the use of force or violence upon the person of another, or adverse civil action judgments involving fraudulent or deceptive advertising, sales or trade practices, and a detailed explanation of the circumstances.
6. Applicant's business and employment history, stating whether or not the applicant, or applicant's manager, director, officer, partner or any stockholders have had any business license revoked or suspended and stating the details, including the reasons why.
7. Any other pertinent documents or information which the commission may require. (1983 Code § 5.24.050)
C. Corporations: In all cases where the applicant for a sexually oriented business license is a corporation, the names and residential addresses of the officers or directors of the corporation must be listed on the application. In all such cases, the sheriff must determine who of the principal officers and directors of such corporation must be required to undergo background investigations. (1983 Code § 5.24.060)
D. Additional Information:
1. All applications must contain such information as the commission or its authorized agents, by rule or regulation not inconsistent with law, prescribes. Each licensee must designate on the application the name of a resident agent or key employee residing within the county who is responsible for the conduct of the business and authorized to immediately answer to the commission, or its agents, should inquiry or action be deemed necessary in the absence of the licensee.
2. The applicant must supplement the application by submitting a written plan setting forth the method of operation of the business to ensure compliance with the rules and regulations enumerated in this chapter.
3. Every application to operate a video center, whether as the sole business, or as a part of a larger sexually oriented business licensed at the same location, must include:
a. The number of film, videotape or other media viewing devices that will be located upon the premises, the name of the manufacturer, serial number or identification number, if any, and type of each, together with a floor plan of the premises that shows the size and type of each room in which any device will be located, and the size and type of each device, and the number thereof, in each such room.
b. Each video center license must specify the specific number of film, videotape or other media viewing devices for which it is issued, and the number of devices upon the premises must not exceed the number that is permitted under that license. An increase in the number of devices that is permitted upon the premises requires a new video center business license application. (1983 Code § 5.24.070)
E. Personal Information Required: All applicants for a sexually oriented business license must state, for each person interested in the business, his name and place of residence, whether or not he is a legal resident of the United States, whether or not he has been convicted of a crime which would be considered a gross misdemeanor or a felony under the laws of the state of Nevada, or any misdemeanor crime, other than minor traffic offense, any aliases, past and present, used, and any other information the commission may require, all to be set forth in the application. (1983 Code § 5.24.080)