A. Employee License Required: Each individual to be employed in a "sexually oriented business", as defined in section 2-7-2 of this chapter, who engages in the services rendered by a seminude model studio, escort or escort agency, sexual encounter establishment, massage parlor, or a live performer or entertainer shall be required to obtain a sexually oriented business employee license.
B. Applicant Information: Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit on a form to be provided by the city manager or his or her designee the following information:
1. The applicant's name or any other names (including "stage" names) or aliases used by the individual;
2. Age, date and place of birth;
3. Height, weight, hair and eye color;
4. Present residence address and telephone number;
5. Present business address and telephone number;
6. State driver's license or identification number; and
7. Acceptable written proof that the individual is at least eighteen (18) years of age.
8. Attached to the application form as provided above, a color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by the police department. Any fees for the photographs and fingerprints shall be paid by the applicant.
9. A statement detailing the license or permit history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant previously operating or seeking to operate, in this or any other county, city, state or country ever had a license, permit or authorization to do business denied, revoked or suspended, or had any professional or vocational license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, state the date, the name of the issuing or denying jurisdiction, and describe in full the reasons for the denial, revocation or suspension. A copy of any order of denial, revocation or suspension shall be attached to the application.
10. Whether the applicant has been convicted of a "specified criminal act", as defined in subsection 2-7-8-4C1j of this chapter. This information shall include the date, place and nature of each conviction or plea of nolo contendere and identifying the convicting jurisdiction.
C. Investigation: The city manager or his or her designee shall refer the sexually oriented business employee license application to the police department for an investigation to be made of such information as is contained on the application.
D. Fingerprint Based Background Checks: All applicants applying for a sexually oriented business employee license are required to provide the city of Mesquite with a full set of fingerprints and a nonrefundable fingerprinting fee of forty five dollars ($45.00). Fingerprinting shall be completed at the Mesquite police department. Fingerprint data will be used to conduct state and national criminal records checks. Upon receipt of the fingerprint data, the city police agency is authorized to transmit the fingerprint data to the Nevada department of public safety to conduct state criminal records checks. The Nevada department of public safety is authorized to exchange this fingerprint data with the federal bureau of investigation to conduct national criminal records checks. The results of the state and national criminal checks will be disseminated to the city police agency, which shall issue a report to the city manager in accordance with subsection E of this section. This provision is enacted pursuant to Nevada Revised Statutes 239B.010(1)(a) and public law 92-544.
E. Issuance Of License: The application process shall be completed within thirty (30) working days from the date the results of the fingerprint based background check are received. After the investigation, the city manager or his or her designee shall issue a license unless the report from the police department finds that one or more of the following findings is true:
1. That the applicant has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a license, or in any report or record required to be filed with the police department or other department of the city;
2. That the applicant is under eighteen (18) years of age;
3. That the applicant has been convicted of a "specified criminal act" as defined in subsection 2-7-8-4C1j of this chapter;
4. That the sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by particular provisions of this chapter;
5. That the applicant has had a sexually oriented business employee license revoked by the city within two (2) years of the date of the current application.
F. Renewal Of License:
1. A license granted pursuant to this section shall be subject to annual renewal by the city manager or his or her designee upon the written application of the applicant and a finding by the city manager or his or her designee and the police department that the applicant has not been convicted of any "specified criminal act" as defined in subsection 2-7-8-4C1j of this chapter, or committed any act during the existence of the previous license period which would be grounds to deny the initial permit application.
2. The renewal of the license shall be subject to payment of a fee as set by a resolution of the city council. (Ord. 405, 7-22-2008, eff. 8-15-2008)