(A) No person shall conduct, maintain, operate, or cause to be conducted, maintained, or operated, any sexually oriented business within the corporate limits of the city without first being licensed under this chapter.
(B) The City Clerk/Treasurer, or his or her designee, is responsible for granting, denying, revoking, renewing, suspending, and canceling sexually oriented business permits for proposed or existing sexually oriented businesses. The City Clerk/Treasurer, or his or her designee, is also responsible for ascertaining whether a proposed sexually oriented business for which a permit is being applied complies with all applicable zoning laws and/or regulations now in effect or as amended or enacted subsequent to the effective date of this chapter in the city and the city's Comprehensive Plan.
(C) The Police Department shall be, if responsible for providing information on whether an applicant has been convicted of a specified criminal act during the time set forth.
(D) The city's Code Enforcement Department shall be responsible for inspecting a proposed, permitted or non-permitted sexually oriented business in order to ascertain whether it complies with applicable statutes and ordinances.
(E) An application for a permit must be made on a form provided by the City Clerk/Treasurer. Any person desiring to operate a sexually oriented business shall file with the city an original and two copies of a sworn permit application on the standard application form supplied by the City Clerk/Treasurer, or his or her designee.
(F) The completed application shall contain the following information and shall be accompanied by the following documents:
(1) If the applicant is:
(a) An individual, the individual shall state his/her legal name and any aliases and submit satisfactory proof that he/she is 18 years of age;
(b) A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;
(c) A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the State of Indiana, the names and capacity of all officers, directors, and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.
(2) If the applicant intends to operate the sexually oriented business under a name other than that of the applicant; he or she must state:
(a) The sexually oriented business's fictitious name; and
(b) Submit the required Indiana registration documents.
(3) Whether the applicant or any of the other individuals listed in the application has, within the two or five year period as specified in § 120.05 immediately preceding the date of the application, been convicted of a specified criminal act, and, if so, the specified criminal act involved, and the date and place of conviction.
(4) Whether the applicant or any of the other individuals listed in the application has had a previous permit under this chapter, or other similar sexually oriented business ordinances from another city or county denied, suspended or revoked, including 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, and whether the applicant or any other individuals listed in the application has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is permitted under this chapter whose permit has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
(5) Whether the applicant or any other individual listed in the application holds any other permits and/or licenses under this chapter or other similar sexually oriented business ordinance from another city, county, or state and, if so, the names and locations of such other permitted businesses.
(6) The single classification of permit for which the applicant is filing.
(7) The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s), if any.
(8) The applicant's mailing address and residential address.
(9) A recent photograph of the applicant(s).
(10) The applicant's driver's license number, Social Security number, and/or his/her state or federally issued tax identification number.
(11) If a person who wishes to operate a sexually oriented business is an individual, he/she must sign the application for a permit as applicant. If a person wishes to operate a sexually oriented business collectively with a group of individuals, each individual who has a 10% or greater interest in the business must sign the application for a permit as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity that wishes to operate such a business, each individual having a 10% or greater interest in the corporation must sign the application for a permit as applicant.
(12) If a person wishes to operate a sexually oriented business which shall exhibit on the premises films, video cassettes, or other video reproductions which depict specified sexual activities or specified anatomical areas, then said person shall comply with the application requirements stated at § 120.14 et seq.
(13) A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it 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 six inches.
(14) A current certificate and straight-line drawing prepared within 30 days prior to application by a State of Indiana registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this chapter within 1,000 feet of the property to be certified; the property lines of any established religious institution/synagogue, school, or public park or recreation area within 1,000 feet of the property to be certified; and the property lines of any residentially zoned area or residential property within 1,000 feet of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time, an application is submitted.
(G) Applicants for a permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within 30 days from the date of such change shall be grounds for suspension of a permit.
(H) In the event that the City Clerk/Treasurer or his or her designee determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, he/she shall promptly notify the applicant of such fact and allow the applicant ten days to properly complete the application. (The time for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.)
(I) The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to comply with health, fire and building codes, and laws.
(J) The applicant shall be required to pay a non-refundable application fee of $100 at the time of filing an application under this section of this chapter.
(K) Prior to obtaining any permit or license to operate any sexually oriented business defined in this chapter, and as part of any application for a permit under this section, the applicant shall obtain from the city Department of Planning and Development or its designee a Sexually Oriented Business Improvement Location Permit that the proposed location and structure of such business complies with the city Unified Development Ordinance. An approved Sexually Oriented Business Improvement Location Permit by the Department of Planning and Development is contingent upon the approval of Sexually Oriented Business License and does not guarantee the approval of such license.
(L) The fact that a person possesses other types of state or city permits and/or licenses does not exempt him/her from the requirement of obtaining a sexually oriented business permit.
(M) By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise by the City Clerk/Treasurer or its designee, the Police Department and all other city agencies charged with enforcing the laws, ordinances and codes applicable in the city of their respective responsibilities under this chapter.
(N) The applicant shall be required to provide the city with the names of any and all employees who are required to be licensed pursuant to § 120.13 of this chapter. This shall be a continuing requirement even after a permit is granted or renewed.
(Ord. 58-9-04, passed 9-28-04) Penalty, see § 120.99