(A) The operator of an establishment engaging in an adult entertainment activity shall be required to make application for a license with the Council after the effective date of this chapter. Such application shall be in writing, under oath, and shall be in the form prescribed by the Council and shall contain the following information together with such further information as the Council may requires:
(1) (a) The name and location of the establishment;
(b) 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;
(c) The names and addresses of the owners of the property on which the establishment is located;
(d) The name and addresses of any rental agent of the property on which the establishment is located; and
(e) The nature of the activity or activities to be engaged at such location.
(2) All criminal convictions of the applicant, owners, directors, partners, shareholders or employees, other than misdemeanor traffic violations. This information shall be at all times current. It shall be the responsibility of the operator to notify the Council of any changes in this information;
(3) 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;
(4) Such 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 dimensions of such signs;
(5) Such application shall be accompanied by a certificate of occupancy issued through the Plan Commission, certifying that the business is in compliance with applicable zoning laws or has non-conforming rights; and
(6) Such application shall include a certificate from the Town Fire Chief that all applicable fire regulations have been met and, in the case of an adult amusement arcade, that all requirements of § 112.03(E) of this code have been met.
(B) (1) 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 have been met; except, that no license will be issued if the applicant or any owner, director, shareholder or employee has been convicted of any felony within five years of the date of application.
(2) Provided, however, the granting of a license does not certify compliance with all applicable laws, nor does it stop the town from enforcement of all applicable laws.
(3) If inspection reveals failure to comply with any restrictions, requirements or conditions the Council shall notify the applicant in writing of that fact, stating what failures have been discovered and allow a reasonable time to correct such defects and informing the applicant of the appeal procedure if the applicant does not agree with the Council’s decision.
(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 or her property without a license.
(F) After the effective date of this chapter, upon receipt of notice, no person shall work or permit himself or herself to be employed at an adult entertainment activity which has not been licensed.
(G) All licenses shall be for the calendar year January 1 to December 31, or the remaining portion of such calendar year. The annual license fee shall be $500.
(H) Annual fees may be prorated at the rate of $50 per month for the remaining full month of the current calendar year, but not to exceed $500. Application for renewal of a license shall be made on or before October 1 of each year and accompanied by the annual fee of $500. Such application shall also contain any changes in the information required by division (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 date of such transfer, and upon filing therewith the complete information required in division (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 license transfer shall be $250.
(J) The Council shall have the power to revoke said license for the failure to comply with the restrictions, requirements and conditions set forth in § 112.03 of this code.
(Ord. 3, 1981, passed 2-17-1981)