(A) Any person desiring to obtain an adult oriented establishment license shall pay the required fee as provided in § 36.04 to defray the costs of administration and investigation of the application.
(B) Any person desiring an adult oriented establishment license shall file a written application with the Village Administrator/Clerk on a form provided in the Administrator/Clerk’s office. The information provided to the Administrator/Clerk shall be given under oath.
(1) If the applicant is a corporation, the name of the corporation shall be set forth exactly as set forth in its articles of incorporation together with the date and state of incorporation and the names and residence addresses of each of its officers, directors, and each stockholder holding 5% or more of the stock or beneficial ownership of the corporation. The application shall also be verified by an officer of the corporation.
(2) If the applicant is a partnership, the application shall set forth the name of the partnership and the name and residence address of each of the partners, including limited partners, and be verified by each partner. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply to the corporate partner.
(3) If the applicant is neither a corporation nor a partnership, the application shall set forth the true full name and residence address of the applicant and be verified by the applicant. The application shall also include any other name by which the applicant has been known during the previous five years.
(C) The application also shall set forth the proposed place of business of the adult oriented establishment by business address, including suite number, and not by post office box and shall contain a description of the nature and scope of the proposed business operation. In addition, the following information shall be furnished concerning the applicant if an individual; each officer and director and all stockholders who own 5% or more of the stock or beneficial ownership if the applicant is a corporation; and each partner, including limited partners, if the applicant is a partnership:
(1) The previous residence address, if any, for a period of three years immediately prior to the date of application and the dates of such residence;
(2) Written proof that the individual is at least 18 years of age;
(3) A complete set of fingerprints;
(4) The business, occupation, or employment history for three years immediately preceding the date of application including, but not limited to, whether such person previously operated under any permit or license in another municipality in this or another state and whether any such permit or license had ever been suspended or revoked;
(5) All convictions in any state or federal court within the past five years, including municipal ordinance violations, exclusive of traffic violations, with a brief statement of the nature of the convictions and the jurisdiction in which the convictions occurred;
(6) All pending criminal charges in any state or federal court, with a brief statement of the nature of the pending charges and the jurisdiction in which the charges are pending;
(7) The names of persons who will have custody of the business records at the business location;
(8) The name and address of the person who will be the agent for service of process; and
(9) Such other information relating to the application as may be required by the Law Enforcement Committee.
(D) The application shall include the proposed hours of operation and a detailed floor plan.
(E) The Village Administrator/Clerk shall notify the Chief of Police, the Chief of the Fire Department, and the Building Inspector of any adult oriented establishment license application and these officials shall inspect, or cause to be inspected, each such application and the premises to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances, and laws applicable thereto. These officials shall furnish to the Law Enforcement Committee, in writing, the information derived from such investigation and a statement as to whether the applicant and the premises meet the requirements of the department for whom the officer is certifying within five business days of receipt of notice from the Village Administrator/Clerk. Upon receiving the information from said officials, the Law Enforcement Committee shall, within ten days, file its written recommendation with the Village Board.
(F) Upon receiving a recommendation of the Law Enforcement Committee, within 30 days of receiving an application for license, the Village Board shall grant, with conditions, or deny a license to the applicant. The Village Administrator/Clerk shall notify the applicant whether the application is granted or denied.
(G) Whenever an application is denied, the Village Administrator/Clerk shall advise the applicant, in writing, of the reasons for such action. If the applicant requests a hearing within ten days of receipt of notification of denial, a public hearing shall be held within ten days thereafter before the Village Board.
(H) Failure or refusal of the applicant to give any information relevant to the application, failure or refusal to appear at any reasonable time and place for examination under oath regarding said application, or refusal to submit to or cooperate with regard to any information required by this chapter shall constitute an admission by the applicant that he or she is ineligible for such license and shall be grounds for denial.
(Prior Code, § 12.12) (Ord. 03-2019, passed 2-14-2019)