(A) Required form.
(1) An application for an adult entertainment license, or the renewal thereof, shall be made in writing to the Adult Use Commission on a form prescribed by the Adult Use Commission, and shall be signed:
(a) By the applicant, if the applicant is an individual;
(b) By at least 1 of the persons entitled to share in the profits of the organization and having unlimited personal liability for the obligations of the organization and the right to bind all other persons, if the applicant is a partnership (general or limited), joint venture, or any other type of organization where 2 or more persons share in the profits and liabilities of the organization;
(c) By a duly authorized agent, if the applicant is a corporation; or
(d) By the trustee, if the applicant is a land trust.
(2) The application shall be verified by oath or affidavit as to all statements made on or in connection with the application and any attachments thereto. Each application shall specifically identify the applicant and the licensed premises for which an adult establishment license is sought. Seven identical copies shall accompany each initial or renewal application.
(B) Administrative processing fee and bond.
(1) Administrative processing fee. Every applicant for an adult establishment license or for the renewal of an existing adult establishment license shall pay an administrative processing fee in the amount of $750 by certified check to the city at the time of filing the application. The administrative processing fee shall, in all cases, be nonrefundable and shall be deposited into the city’s general fund.
(2) Bond. The applicant and licensee of a surety bond in favor of the city in the amount of $5,000 shall condition each adult establishment license, and any renewals thereof, on the acquisition and maintenance in good standing. Before any adult establishment license may be issued, the applicant shall furnish this bond, and before any adult establishment license is renewed or reinstated following revocation or suspension, the licensee shall submit evidence that the bond, in the required amount pursuant hereto, remains in full force and effect. The bond, or part thereof, for an adult entertainment establishment shall be forfeited automatically pursuant to § 112.56 of this code in order to reimburse the city for the city’s costs in association with the proceedings related to any suspension or revocation of the license.
(C) Required information and documents. Each application shall include the following information and documents:
(1) (a) Individuals. The applicant’s full legal name, all of the applicant’s aliases, the applicant’s business address, written proof of the applicant’s age, the citizenship and place of birth of the applicant, and, if a naturalized citizen, the time and place of his or her naturalization;
(b) Corporations. The applicant corporation’s complete name and official business address; the full legal name, all aliases, and the ages and business addresses of all of the directors, officers, and managers of the corporation and of every person owning or controlling more than 50% of the voting shares of the corporation; the corporation’s date and place of incorporation and the objects for which it was formed; proof that the corporation is in good standing and authorized to conduct business in the state; and the name of the registered corporate agent and the address of the registered office for service of process;
(c) Partnerships (general or limited), joint ventures, or any other type of organization where 2 or more persons share in the profits and liabilities of the organization. The applicant organization’s complete name and official business address; the legal name, all aliases, and the ages and business addresses of each partner (other than limited partners) or any other person entitled to share in the profits of the organizations, whether or not that person is also obligated to share in the liabilities of the organization; or
(d) Land trusts. The applicant land trust’s complete name; the legal name, all aliases, and the business address of the trustee of the land trust; the legal name, all aliases, and the age and business address of each beneficiary of the land trust and the specific interest of each beneficiary in the land trust; and the interest, if any, that the land trust holds in the licensed premises.
(2) If a corporation or partnership is an interest holder that must be disclosed pursuant to divisions (C)(1)(b) or (C)(1)(c) above, then this type of interest holder shall disclose the information required in those divisions with respect to their interest holders;
(3) The general character and nature of the business of the applicant;
(4) The length of time that the applicant has been in the business of the character specified in response to division (C)(3) above;
(5) The location, including street address and legal description, and telephone number of the premises for which the adult establishment license is sought;
(6) The specified name of the business that is to be operated under the adult establishment license;
(7) The identity of each fee simple owner of the licensed premises;
(8) A diagram showing the internal and external configuration of the licensed premises, including all doors, windows, entrances, exits, the fixed structural internal features of the licensed premises, plus the interior rooms, walls, partitions, stages, performance areas, and restrooms. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; provided, however, that each diagram shall be oriented to the north or some designated scale or with marked dimensions to an accuracy of plus or minus 6 inches and sufficient to show clearly the various interior dimensions of all areas of the licensed premises and to demonstrate compliance with the provisions of this chapter. The requirements of this division (C)(8) shall not apply for renewal applications if the applicant adopts a diagram that was previously submitted for the license sought to be renewed and if the licensee certifies that the licensed premises has not been altered since the immediately preceding issuance of the license and that the previous diagram continues to accurately depict the exterior and interior layouts of the licensed premises. The approval or use of the diagram required pursuant to this division (C)(8) shall not be deemed to be, and shall not be interpreted or construed to constitute, any other city approval otherwise required pursuant to applicable city ordinances and regulations;
(9) The specific type or types of adult entertainment establishment(s) that the applicant proposes to operate in the licensed premises;
(10) The name(s) of each governmental body from which, within 5 years immediately prior to the date of the present application, the applicant or any of the individuals identified in the application pursuant to divisions (C)(1) or (C)(2) of this section, has received a license or other authorization to conduct or operate a business:
(a) Substantially the same as an adult entertainment establishment, and the names and addresses of each business of this type;
(b) Requiring a federal, state, or local liquor license; or
(c) Requiring a federal, state, or local gaming license.
(11) A copy of each adult establishment license or any license substantially the same as an adult establishment license, currently held by the applicant, or any individuals identified in the application pursuant to divisions (C)(1) or (C)(2) of this section;
(12) Whether the applicant, or any individual identified in the application pursuant to divisions (C)(1) or (C)(2) of this section, has had a license or other authorization to conduct or operate business substantially the same as an adult entertainment establishment revoked or suspended, and, if so, the date and grounds for each revocation or suspension, and the name and location of the establishment at issue;
(13) Whether the applicant, or any individual identified in the application pursuant to divisions (C)(1) or (C)(2) of this section, has had a license or other authorization to conduct or operate a business substantially the same as an adult entertainment establishment or business requiring either a liquor or gaming license, revoked or suspended, and, if so, the date and grounds for each revocation or suspension, and the name and location of the establishment at issue; and
(14) The name of the individual or individuals who shall be the day-to-day, on-site manager(s) of the proposed adult entertainment establishment. If the manager is other than the applicant, the applicant shall provide, for each manager, all of the information required pursuant to division (C)(1)(a) and divisions (C)(11) and (C)(12) of this section.
(D) Incomplete applications returned. Any application for an adult establishment license that does not include all of the information and documents required pursuant to division (C) of this section, as well as the administrative processing fee and bond required pursuant to division (B) of this section, shall be deemed incomplete and shall not be acted on or processed by the city. The Adult Use Commissioner shall, within 5 days of the submittal, return the incomplete application to the applicant along with a written explanation of the reasons the application is incomplete.
(1983 Code, § 13-55) (Ord. 2995, passed 9-9-2002; Am. Ord. 3078, passed 11-4-2004; Am. Ord. 3147, passed 5-2-2006)
Penalty, see § 112.99