(a) An application for a sexually oriented business employee license shall be submitted to the Sexually Oriented Business Use Commissioner or the Commissioner's Designee on a form provided by the Sexually Oriented Business Use Commissioner or Designee. The application may request and the applicant shall provide such information as reasonably necessary (including fingerprints) to enable the City to determine whether the applicant meets the qualifications established by this chapter.
(b) An application for a sexually oriented business employee license shall be completed according to the instructions of the application form, which shall require the following:
(1) State the applicant's name and any other names (including stage names) or aliases used by the applicant.
(2) State the applicant's date and place of birth.
(3) State the applicant's height, weight, and hair and eye color.
(4) Submit a recent photograph of the applicant, which clearly shows the applicant's face.
(5) Submit the applicant's fingerprints, recorded by the City of Newark Police Department.
(6) Describe and identify the location of any tattoos on the applicant's face, arms, legs, or hands, or any other anatomical area that normally would be visible when the applicant is on the premises of the proposed sexually oriented business.
(7) State the applicant's present residence address ,and telephone number.
(8) State the applicant's present or intended business address and telephone number.
(9) State the applicant's driver's license number and Social Security number.
(10) Submit proof that the applicant is at least eighteen years old.
(11) Provide a statement detailing the sexually oriented business-related history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate a sexually oriented business, in this or any other jurisdiction, and whether the applicant has ever had a sexually oriented business-related license, permit, or authorization to do business denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name of the issuing or denying jurisdiction and describe in full the reason for the denial, revocation, or suspension. Attach a copy of any order of denial, revocation, or suspension.
(12) State whether the applicant has been convicted of a specified criminal activity, as defined in Section 807.02 of this chapter and, if so, the specified criminal activity involved and the date, place and jurisdiction of each such conviction.
(c) Issuance of Sexually Oriented Business Employee License.
(1) Upon the filing of a completed application for a sexually oriented business employee license, the Sexually Oriented Business Use Commissioner shall issue a temporary license to said applicant immediately.
(2) The Sexually Oriented Business Use Commissioner shall immediately initiate an investigation of the information provided in the application concerning the criminal background of the applicant. The Sexually Oriented Business Use Commissioner shall document the results of his investigation in writing and will complete the investigation within ten days of receiving the completed application.
(3) Upon completion of the investigation, the Sexually Oriented Business Use Commissioner shall approve the issuance of a license to an applicant unless he determines that one or more of the following findings is true:
A. The applicant has failed to provide information reasonably necessary for issuance of the license as requested on the application form, or has falsely answered a question or request for information on the application form.
B. The applicant is under eighteen years of age.
C. The applicant has been convicted of a specified criminal activity as defined in Section 807.02 of this chapter.
D. The sexually oriented business employee license is to be used for employment in a business prohibited by local, state, or federal law, statute, rule, or regulation.
E. The applicant has been denied a sexually oriented business employee license or has had a sexually oriented business employee license revoked within the preceding twelve months by any jurisdiction.
(4) If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. The Sexually Oriented Business Use Commissioner shall advise the applicant in writing of the reasons) for any such denial.
(d) Fees.
(1) Every application for a new sexually oriented business employee license shall be accompanied by a one hundred dollar ($100.00) non-refundable application, investigation, and license fee.
(2) Every application for renewal of a sexually oriented business employee license shall be accompanied by a one hundred dollar ($100.00) nonrefundable application, investigation, anal license fee.
(Ord. 01-45. Passed 11-5-01.)