(a) No sexually oriented business may operate unless a valid sexually oriented business permit issued by the City is first obtained for the particular type of business classification sought to be operated.
A person who knowingly operates or causes to be operated a sexually oriented business without first obtaining a permit or employs a person as a sexually oriented business employee or independent contractor who is not authorized to work according to the guidelines of this chapter has committed a misdemeanor of the first degree.
(b) The City Manager, or person designated by the City Manager, shall be responsible for granting, denying, revoking, renewing and suspending sexually oriented permits for proposed or existing sexually oriented businesses.
(c) The City Police Division shall be responsible for obtaining information to determine whether the applicant has previously been convicted of a “specified criminal act” during the time period set forth.
(d) Application for a sexually oriented business permit must be completed on a form provided by the City.
(1) If a person who wishes to operate a sexually oriented business is an individual, he/she shall sign the application for the permit.
(2) If an entity intends to operate a sexually oriented business, the entity shall complete an application for the permit, list an authorized agent for the entity, and the application shall bear the signature of said authorized agent.
(3) The City Manager shall sign the permit application.
(4) Each applicant must be qualified under the guidelines set out in this chapter.
(e) Completed applications will contain the following information and be accompanied by the documents indicated:
(1) If the applicant is:
A. An individual:
1. The individual must state his/her legal name and any aliases.
2. If the applicant will operate the business as a sole proprietorship, the applicant shall list the name under which he/she intends to operate;
B. Representing a partnership:
The applicant must state the partnership’s name, the name and address of the statutory agent who will accept service of process and legal name and aliases of each manager.
C. Representing a corporation:
The applicant must state the corporation’s complete name, provide the name of the registered corporate agent and address of the registered office for service of process, and the legal name and any aliases of each manager.
D. Representing a limited liability company:
The applicant must state the limited liability company’s name, the name and address of the registered agent and address of the registered office for service of process, and the legal name and any aliases of each manager.
(2) Whether the applicant (including any manager) has, within the two (2) or five (5) year period preceding the date of the application, been convicted of a specified criminal act, and, if so, state the name of the applicant or manager, the specific criminal act, and the date and place of the conviction.
(3) Whether the applicant (including any manager) has had a previous permit under this chapter or other similar sexually oriented permits from another city, county, township, or state denied, suspended, or revoked within a two-year period preceding the date of the application.
The applicant must include the name of the pertinent applicant or manager, 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, reason for the same, and length of suspension.
(4) Whether the applicant (including any manager) holds any other permit and/or license under this chapter or similar sexually oriented business ordinance from another City, county, township, or state and, if so, the name of the pertinent applicant or manager and the names and locations of such other permitted business.
(5) The single classification of sexually oriented business for which the applicant is filing a permit application.
(6) The location of sexually oriented business; this will include:
A. Legal description of the permitted premises.
B. Street address.
C. Telephone number(s).
(7) The mailing address and residential address of each applicant (including any manager).
(8) Written proof of date of birth of any individual applicant (including any manager).
(9) A sketch or diagram showing the configuration of the Permitted Premises, including a statement of total floor space occupied by the business.
The sketch or diagram 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.
(10) The applicant may request from the City a list of all sexually oriented businesses in the general area that are currently licensed by the City.
(11) The application shall be sworn to be true and correct by each applicant.
(f) There is a continuing duty to promptly supplement application information required by this permit section if said information changes in any material way from the application, including but not limited to all information pertaining to managers.
The failure to comply with said continuing duty within thirty (30) days from the date of such change, by supplementing the application on file with the City, shall be grounds for suspension of the permit.
(g) If the City Manager, or person designated by the City Manager, learns that the applicant has improperly completed the application for a proposed sexually oriented business, he/she shall notify the applicant and allow the applicant ten (10) days to review and complete the application.
(h) The applicant shall pay a five hundred dollar ($500.00) application fee at the time of filing the application pursuant to this chapter to defray the administrative expenses associated with processing the application.
In addition to the application fee required above every applicant that is granted a sexually oriented business license (new or renewal) shall pay to the City an annual nonrefundable license fee of two hundred and fifty dollars ($250.00) within thirty (30) days of license issuance or renewal.
(i) A recent photograph of each applicant who is a natural person that clearly shows the applicant’s face must be submitted to the City along with the application.
(j) Fingerprints of each applicant who is a natural person must be submitted to the Moraine Police Division.
(k) Submit proof that each applicant who is a natural person is at least eighteen (18) years old.
(l) A person who possesses other city or state permits is not exempt from the requirement of obtaining a sexually oriented business permit.
(m) The applicant shall be required to provide the City with the names of any and all employees and independent contractors that are required to have a sexually oriented business license pursuant to Section 734.14 before commencing work. Compliance with this provision has taken place when an application is submitted to the City prior to beginning work.
A person who knows or should know that they have failed this requirement shall be guilty of a misdemeanor in the first degree.
(n) It shall be prima facie evidence that any adult establishment that fails to have posted, in the manner required by this chapter, an adult establishment license, has not obtained such a license. In addition, it shall be prima facie evidence that any entertainer who performs any service or entertainment in an adult establishment in which an adult establishment license is not posted, in the manner required by this chapter, has knowledge that such business was not licensed.
(Ord. 1543-04. Passed 8-26-04.)