(A) An application for a sexually oriented business license shall be submitted to the municipality’s clerk on a form provided by the enforcement officer. The application may request and the applicant shall provide such information as reasonably necessary (including fingerprints) to enable the municipality to determine whether the applicant meets the qualifications established in this chapter.
(B) An application for a sexually oriented business license shall identify the following persons and be signed under oath by the persons that the information contained therein is true:
(1) If the business entity is a sole proprietorship, that sole proprietor;
(2) If the business entity is a corporation, each officer and director of the corporation and each individual with a 10% or greater ownership interest in the corporation;
(3) If the business entity is a partnership, each general partner, and each limited partner who owns 10% or more of total limited partnership interest;
(4) If the business is a limited liability company, each manager, and each member with a 10% or greater ownership interest in the company. If the limited liability company does not have any managers, then each member holding a 10% or greater ownership interest in the company.
(C) An application for a sexually oriented business license must designate one or more natural persons who are to be principally responsible for the operation of the proposed sexually oriented business, if a license is granted. At least one natural person so designated must be involved in the day-to-day operation of the proposed sexually oriented business on a regular basis. Each natural person so designated, as well as the business entity itself, shall be considered a license applicant, must qualify as a licensee under this chapter, and shall be considered a licensee if a license is granted.
(D) An application for a sexually oriented business license shall be completed according to the instructions of the application form, which shall require the following:
(1) If the applicant is:
(a) An individual, state the legal name, address, date of birth, social security number, and any aliases of such individual;
(b) A partnership, state the complete name of the partnership and all of its partners and whether the partnership is general or limited, and provide a copy of the partnership agreement, if any, and the information specified in division (A) of this section for each partner;
(c) A corporation, state the complete name of the corporation and the date of its incorporation, provide evidence that the corporation is in good standing under the laws of its state of incorporation and of Illinois, and state the names and capacity of all officers and directors, all persons owning 10% or more of the stock of the corporation, the name of the registered corporate agent, and the address of the registered office for service of process, and the information specified in division (A) of this section for each officer, director and owner of 10% or more of the stock;
(d) A limited liability company, state the complete name of the company and the date of its organization, provide evidence that the company is in good standing under the laws of its state of organization and of Illinois, and state the names and capacity of all members, owners and managers, the name of the registered agent, and the address of the registered office for service of process, and the information specified in division (A) of this section for each member, owner and manager;
(2) If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, state the fictitious name to be used and submit copies of documentation evidencing the registration of the business name under applicable laws.
(3) State whether any applicant has been convicted of a specified criminal activity, and if so, the specified criminal activity involved and the date, place, and jurisdiction of each such conviction.
(4) State whether any applicant has had a previous license under this chapter or other similar regulation of another jurisdiction denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation; and state whether the applicant has been a partner in a partnership or an officer, Director or 10% or greater owner of a corporation, or a member or manager of a limited liability company, licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
(5) State whether any applicant holds any other licenses under this chapter or other similar regulation from this or another jurisdiction and, if so, the names and locations of other such licensed businesses.
(6) State the nature of the sexually oriented business for which the applicant is filing.
(7) State the location of the proposed sexually oriented business, including a legal description of the property (i.e., block and lot), street address, telephone number(s), e-mail address and internet website URL, if any.
(8) State the mailing address of each applicant and each person signing the application.
(9) For any applicant who is a natural person, describe and identify the location of any tattoos on such person’ s face, arms, legs, or hands, or any other anatomical area that normally would be visible when such person is on the premises of the proposed sexually oriented business.
(10) Submit proof that each applicant who is a natural person is at least 18 years old.
(11) Submit a sketch or diagram showing the configuration of the premises of the sexually oriented business, including the location of all stages, walls, partitions, designated sales areas, book cases, and patron seating, and a statement of total floor space occupied by the business. The diagram shall also designate the place at which the sexually oriented business license will be conspicuously posted, if granted. The sketch or diagram need not be professionally prepared, but it 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 one foot.
(12) The applicant is under a continuing affirmative duty to notify the municipality in writing of any change, alteration, or event respecting divisions (D)(1), (2), (3), (4), (5), and (11) of this section.
(Ord. 2014-5372, passed 12-16-2014)