Any person desiring to open or operate an adult establishment shall obtain a license by filing an application addressed to the Town Council, prior to commencement of the adult establishment.
(A) Application procedures. The application shall be in writing and shall set forth the following:
(1) The name and address of the applicant; and, if such applicant is a corporation, the address of such corporation and its officers, directors and shareholders;
(2) Qualifications and experience of the applicant, which must be plainly stated, in writing;
(3) Application fee: each applicant shall pay a fee of $50 which must be tendered at the time the application is filed;
(4) Qualifications of applicant: an applicant for a license required by this chapter, prior to making an application for such a license, must:
(a) Submit proof of good moral character, and in the case of applicants who are corporations, such corporation must be created in or domesticated by the laws of this state, and affidavits of good character shall be submitted on all officers, directors and shareholders if there are less than 11 shareholders; and
(b) Submit to the Town Police Department:
1. The full name, address, physical deception, age, driver’s license number and Social Security number of all persons currently a part of the owners, officers, directors or shareholders (if less than 11 shareholders) of or employed by the adult establishment at the time of application. The term CURRENTLY EMPLOYED includes all persons who manage, operate or work in the adult establishment and all persons working for the adult establishment even if such persons would otherwise be considered independent contractors; and
2. Within five days of any change of ownership in or officers, directors and any shareholders (if there are less than 11) of such business or of the hiring or contracting with any person to become an employee, the applicant shall also provide all information listed above concerning all persons hired or contracted for after the date of application and all new owners, officers, directors or shareholders (if there are less than 11 shareholders).
(B) Consideration of the application.
(1) The Chief of Police shall investigate all applicants seeking an adult establishment business license and employees, owners, directors or shareholders (if less than 11 shareholders) of the adult establishment prior to the approval of the application.
(2) Upon the completion of the investigation, the Chief of Police shall make a recommendation to the Town Council as to whether the license should be granted. The Town Council shall vote on whether to approve or deny each application.
(3) Applicants may be denied a license if anyone (employee, owner, officer, directors or shareholders of a corporation which has less than 11 shareholders) required to be investigated has been convicted of a felony, or of a crime involving prostitution, assignation or a related offense, if the five years immediately preceding the date of the license application or is found not to be of good moral character.
(C) License.
(1) License; issuance. If the applicant for a license as required by this chapter is submitted in proper form and is approved by the Town Council, the Town Clerk shall issue a business license to such applicant. Once issued, the license remains in effect with no renewal required so long as all provisions of this chapter are met.
(2) License; denial of issuance. If an applicant is refused a license by the Town Council, the applicant shall have an opportunity to review his or her application with the Town Council or its designee in order to determine the reason(s) for denial.
(3) License; reasons for revocation.
(a) Any person required to be investigated is convicted of any of the offenses enumerated above in division (B)(3);
(b) An adult establishment continues to employ an existing employee who is convicted of any of the offenses enumerated above in division (B)(3);
(c) The adult establishment hires a person in violation of any requirement of this chapter, if such hiring was known or should have been known by the adult establishment to be a violation;
(d) The adult establishment employs minors for the performance of adult live entertainment or permits minors to patronize the adult establishment;
(e) Violation of any alcohol control or licensing law; and
(f) Any other requirement of this chapter is not met.
(D) License; revocation procedure; recommendation by the Chief of Police.
(1) Whenever the Chief of Police shall have good cause to believe there exists grounds for revocation of any license under this chapter, he or she shall submit a written recommendation of revocation to the Town Council and, by registered mail, forward a copy of the recommendation to the licensee.
(2) Good cause shall be any violation of any requirement of this chapter.
(Ord. passed 2-16-1993) Penalty, see § 111.99