A. An application for an adult oriented business operator's license must be made in the manner set forth in title 10, chapter 11 of this code for obtaining a conditional use permit, and as further described herein. Applications may be picked up at the Manhattan police department, and completed applications are also to be turned in at the Manhattan police department.
B. All applicants for a license must be qualified according to the provisions of this chapter. The application may request, and the applicant shall provide, such information reasonably necessary (including fingerprints) to enable the town to determine whether the applicant meets the qualifications established under this chapter. The applicant has an affirmative duty to supplement their employee list, as set forth herein, with new information received subsequent to the date the application was deemed completed.
C. If a person who wishes to own or operate an adult oriented business is an individual, he must sign the application for an operator's license as applicant. If a person who wishes to operate an adult oriented business is other than an individual, each individual who has a ten percent (10%) or greater interest in the business must sign the application for an operator's license as applicant. If a corporation is listed as owner of an adult oriented business or as the entity that wishes to operate such a business, all corporate officers and directors must sign the application for an operator's license as applicant.
D. The applicant must detail whether they have had a previous license under this chapter or other similar adult oriented business ordinance from another town or county denied, suspended or revoked, including the name and location of the adult oriented business for which the business license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant is or has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is or was licensed under an adult oriented business ordinance whose business license has previously been denied, suspended or revoked, including the name and location of the adult oriented business for which the business license was denied, suspended or revoked as well as the date of denial, suspension or revocation.
E. The applicant must disclose any other licenses under this chapter or other similar adult oriented business ordinance from another town or county and, if so, the names and locations of such other licensed businesses.
F. The applicant must pick a single classification of license for which the applicant is filing.
G. The applicant must have a telephone number of the establishment.
H. The applicant will disclose the address and legal description of the tract of land on which the establishment is to be located.
I. If the establishment is in operation, the applicant must give the date on which the owner(s) acquired the establishment for which the business license is sought, and the date on which the establishment began operations as an adult oriented business at the location for which the business license is sought.
J. If the establishment is not in operation, the expected start up date (which shall be expressed in number of days from the date of issuance of the business license) must be given. If the expected start up date is to be more than ten (10) days following the date of issuance of the business license, then a detailed explanation of the construction, repair or remodeling work or other cause of the expected delay and a statement of the owner's time schedule and plan for accomplishing the same must be given.
K. If an applicant wishes to operate an adult oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than one hundred fifty (150) square feet of floor space, films, videocassettes, other video reproductions or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements.
L. Each application for an operator's license shall be accompanied by the following:
1. Payment of the application fee in full;
2. If the establishment is a state of Montana corporation, a certified copy of the articles of incorporation, together with all amendments thereto;
3. If the establishment is a foreign corporation, a certified copy of the certificate of authority to transact business in this state, together with all amendments thereto;
4. If the establishment is a limited partnership formed under the laws of the state of Montana, a certified copy of the certificate of limited partnership, together with all amendments thereto;
5. If the establishment is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto;
6. Proof of the current fee ownership of the tract of land on which the establishment is to be situated in the form of a copy of the recorded deed;
7. If the persons identified as the fee owner(s) of the tract of land in subsection L6 of this section is not also the owner of the adult oriented business, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owner(s) or proposed owner(s) of the adult oriented business to have or obtain the use and possession of the tract or portion thereof that is to be used for the adult oriented business;
8. A current certificate and straight line drawing prepared within thirty (30) days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing adult oriented businesses within four hundred fifty feet (450') of the property to be certified; and the property lines of any established religious institution/synagogue, school, public park, residential or recreation area, within four hundred fifty feet (450') of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.
9. Any of subsections L2 through L8 of this section shall not be required for a renewal application if the applicant states that the documents previously furnished to the town council with the original application or previous renewals thereof remain correct and current. (Ord. 295, 11-10-2003)