(A) No person shall engage in the business or profession of adult live entertainment unless the person shall have first applied for and received the privilege license provided by this section.
(B) The application for the license required by this article shall be upon a form approved by the Town Manager and shall be filed with the Town Clerk. The application shall be given under oath and shall contain the following information:
(1) The name, age and residence address of the applicant;
(2) A complete statement of the previous business or occupation of the applicant for the two years immediately preceding the date of application, including any adult live entertainment experience;
(3) A complete statement of all convictions of the applicant for any felony or misdemeanor or violation of a local article;
(4) A complete statement of any revocation of any license granted by any governmental unit to the applicant to engage in the business or profession of adult live entertainment; and
(5) The date and place of the applicant's birth, the name of the applicant's parents and the residence address or addresses of the applicant for the five years immediately preceding the date of application.
(C) The applicant shall submit, as part of the application required in subsection (B) above, the following:
(1) Fingerprints of the applicant taken by the Police Department;
(2) Two recent photographs of the applicant's head and shoulders, of a size and quality prescribed by the Town Manager; and
(3) A medical certificate signed by a physician, licensed to practice in the state, within seven days of the date of the application. The certificate shall state that the applicant was examined by the certifying physician and that the applicant is free from communicable disease. The additional information required by this subsection shall be provided at the applicant's expense.
(D) The Town Clerk shall transmit a copy of the application to the Davie County Sheriff’s Office for an investigative report. The Sheriff’s Office shall, within a reasonable time, not to exceed 45 days, report the results of its investigation to the Town Clerk.
(E) An application in proper form shall be submitted to a review panel consisting of the Town Manager, the Town Attorney and the Davie County Sheriff with all reports required by this section. The review panel shall approve the application if it determines:
(1) The applicant is at least 18 years of age;
(2) The application contains no misstatement of fact;
(3) The applicant has not been convicted of any crime involving sexual misconduct, including but not limited to G.S. Art. 26 §§ 14-177 through 14-202.1, (Offenses Against Public Morality And Decency), and G.S. Art. 27 §§ 14-203 through 14-208, (Prostitution), or of any violation of any federal statute relating to prostitution, or for violation of any law or article of any governmental unit concerning or related to the business or profession of adult live entertainment;
(4) The applicant has not, for the three-year period preceding the application, had a previously issued license for engaging in the business or profession of adult live entertainment revoked;
(5) The applicant is free from communicable disease as evidenced by the medical certificate required herein; and
(6) The applicant has not been previously convicted of any violation of any provision of this chapter.
(F) Upon approval of the application by the Town Board and upon receipt of a fee determined annually by the Board of Commissioners in the schedule of fees, the Town Clerk shall issue a privilege license to the applicant.
(G) The Town Board shall have authority to direct that any person licensed under this article submit to a medical examination by a licensed physician approved by the Town Board. This authority shall be exercised only when the Board has reason to believe that any person has contracted a communicable disease. Refusal to submit to the examination shall be grounds for revocation of the license as provided in subsection (H) below. Notwithstanding the provision of this subsection, every person licensed under this article shall file and continue to file with the Town Clerk a new medical certificate with each application for renewal of the license prescribed by this article. Failure to file the updated certificates shall be grounds for revocation of the license as provided in subsection (H) below.
(H) A license issued pursuant to this section shall be revoked by action of the Town Board if the Town Board determines that:
(1) The licensee has violated any provision of this article;
(2) The licensee is afflicted with a communicable disease;
(3) The licensee has failed to be examined by a licensed physician when required by the Town Board pursuant to subsection (G) above, or has failed to file any medical certificate required by subsection (G) above; or
(4) The licensee has been convicted of a felony or any crime involving sexual misconduct, including, but not limited to G.S. Art.26, §§ 14-177 through 14-202.1, (Offenses Against Public Morality And Decency), and G.S. Art. 27, §§ 14-203 through 14-208, (Prostitution), or under any federal statute relating to prostitution, or for violation of any law or article of any governmental unit related to the business or profession of adult live entertainment.
(2003 Code, § 5-8.5) (Amended
7-6-2021
)