(A) No person shall maintain, operate, conduct or cause to be conducted, any sexually oriented business within the limits of the city, without first obtaining a permit under this section.
(B) An applicant for a sexually oriented business permit shall file with the City Controller a completed application, made on a form prescribed and provided by the City Controller.
(1) An application shall be considered complete if it includes the information required in this section.
(2) The applicant shall be qualified according to the provisions of this chapter.
(3) The application is complete when it includes the information and items required in divisions (B)(3)(a) and (b) below:
(a) An application for permit must contain the following information:
1. The full true name of the applicant, and any other names or aliases used in the preceding five years;
2. The applicant's current business or mailing address;
3. Proof that the applicant is at least 18 years of age, consisting of either :
a. A copy of the applicant's birth certificate and current photo;
b. A copy of the applicant's driver's license with picture; or
c. Another picture identification document issued by a government agency.
4. The name of the business, the business location and legal description of the property and a description of the type of sexually oriented business;
5. A sketch or diagram showing the configuration of the premises, including a statement of the total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but shall be drawn to a designated scale, or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches;
6. A signed statement stating the following:
a. That the business is authorized by the State of Indiana to conduct business within the state;
b. That the site being applied for meets the requirements of § 121.03, regarding required distances from all residences, houses of worship, parks, schools and other sexually oriented businesses; and
c. The name and address of the statutory agent or other agent authorized to receive service of process.
7. If a person wishing to operate a sexually oriented business is an individual, he or she shall sign the application for a permit as applicant; and
8. If an entity (partnership, corporation, limited liability company and the like) or group of individuals seeks to obtain a permit, each individual with 20% or greater interest must sign as an applicant, under oath, and provide the information required in this division.
(b) At the time of filing an application, the applicant shall be required to pay a non-refundable application fee of $200 for the investigation the city requires to review the application.
(C) The information provided by an applicant in connection with the application for a permit under this chapter shall be maintained by the city on a confidential basis and may be disclosed only:
(1) To other governmental agencies in connection with a bona fide law enforcement or public safety function; or
(2) As may otherwise be required by law or a court order.
(Ord. G-04-10, passed 3-18-2004) Penalty, see § 121.99