(A) Required and exempt.
(1) No person, firm, or corporation shall operate a sexually oriented use, principal, without having first secured a license as herein provided.
(2) Sexually oriented uses, accessory, shall not require a license pursuant to this section.
(B) An application for a license must be made on a form provided by the city and must include the following information:
(1) If the applicant is an individual, the name, residence, phone number, and birth date of the applicant. If the applicant is a partnership, the name, residence, phone number, and birth date of each general and limited partner. If the applicant is a corporation, the names, residences, phone numbers, and birth dates of all persons holding more than 5% of the issued and outstanding stock of the corporation.
(2) The name, address, phone number, and birth date of the operator and manager of the adult establishment, if different from the owner’s.
(3) The address and legal description of the premises where the adult establishment is to be located.
(4) A statement detailing any gross misdemeanor or felony convictions relating to sex offenses, obscenity, or the operation of an adult establishment or business by the applicant, operator, or manager. In the case of a corporation, a statement detailing any felony convictions by the owners of more than 5% of the issued and outstanding stock of the corporation.
(5) Whether or not the applicant, operator or manager has ever applied for or held a license to operate a similar type of business in another community. In the case of a corporation, whether or not those owners of more than 5% of the issued and outstanding stock have ever applied for or held a license to operate a similar type of business in another community.
(6) The activities and types of business to be conducted.
(7) The hours of operation.
(8) The provisions made to restrict access by minors.
(9) A building plan of the premises detailing all internal operations and activities, drawn to scale.
(10) Applicants who must comply with § 114.39 shall submit a diagram, drawn to scale.
(C) The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the law by the Fire Department and Building Official.
(D) If a person who wishes to operate a sexually oriented use business is an individual, the individual must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented use business is other than an individual, each individual who has a 5% or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under § 114.16 and each applicant shall be considered a licensee if a license is granted.
(Ord. 114, passed 2-28-05) Penalty, see § 114.99