(A) The operator of an establishment engaging in an adult entertainment activity shall be required to make application for a license with the Council through the Clerk/Treasurer’s office after the effective date of this chapter. Such application shall be in writing, under oath, and shall be in the form prescribed by the City Council and shall contain the following information together with such further information as the Council may require:
(1) The name and location of the establishment;
(2) The names and addresses of the applicants, owners of the establishment; and, if a corporation, the names and addresses of the directors and the names and addresses of shareholders owning capital stock therein; and, if a partnership, the names and addresses of the partners;
(3) The names and addresses of any owners of the property on which the establishment is located;
(4) The names and addresses of any rental agency of the property on which the establishment is located;
(5) The nature of the activity or activities to be engaged at such location;
(6) The name and address of any person the applicant wants mail notice to be given in case of violation or other matters affecting the license hereunder;
(7) The application shall include a photograph or drawing of any signs displayed or proposed to be displayed on the exterior of the establishment and a statement of the dimension of such signs;
(8) A certificate of occupancy issued through the city’s Plan Commission, certifying the business is in compliance with the applicable zoning laws, shall accompany such application; and
(9) The application shall include a certificate from the Fire Chief of the jurisdiction having authority that all applicable fire regulations have been met and, in the case of an adult amusement arcade, that all requirements of this chapter have been met.
(B) The Council will cause the premises to be inspected after such application has been received and shall issue a license forthwith if all restrictions, requirements and conditions, and all applicable requirements of law and ordinance have been met. The Building Inspector for the city shall be empowered to inspect for purposes of this section of the ordinance. However, the granting of a license does not certify compliance with all applicable laws, nor does it stop the city from enforcement of all applicable laws. If inspection reveals failure to comply with any restrictions, requirements or conditions, the Trustees, through the Building Inspector, shall notify the applicant in writing of the fact, stating what failures have been discovered and allow a reasonable time to correct such defects and informing the applicant of the procedure if the applicant does not agree with the Council’s decision which shall be an appeal directly to the Circuit Court of the county.
(C) The Council may permit such variance or deviation from the regulations of this chapter as will effectuate the purpose and intent of this chapter.
(D) After the effective date of this chapter, no operator shall maintain, operate or conduct an establishment engaging in adult entertainment activities unless such person has made application and obtained a license.
(E) After the effective date of this chapter, upon receipt of notice, no owner shall permit adult entertainment activities to operate on his property without a license.
(F) All licenses shall be for the calendar year January 1 to December 31, or the remaining portion of such calendar year. An annual license fee shall be paid in the amount listed in § 94-240 of this chapter.
(G) Annual fees may be prorated at the rate of one-twelfth of the annual license fee for the remaining full months of the current calendar year.
(H) Application for renewal of a license shall be made on or before October 1 of each year and accompanied by the annual fee as listed in § 94-240 of this chapter. Such application shall also contain any changes in the information required by subsection (A) above which have occurred since the previous application.
(I) A license may be transferred to a new owner or operator or to a new location by a license holder by giving written notice to the Council 14 days before the effective day of such transfer, and upon filing therewith the complete information required in subsection (A) above for the new owner or operator, and upon the finding by the Council that such new owner or operator or location is qualified under this chapter. The fee for a licensed transfer shall as listed in § 94-240 of this chapter.
(J) The City Council shall have the power to revoke said license for the failure to comply with restrictions, requirements and conditions set forth herein.
(Ord. 2001-1478, passed 11-19-2001)