(A) It is unlawful to establish, operate, or cause to operate, a sexually oriented business without a valid license issued by the city for the particular type of classification of business.
(B) An application for a license must be made to the City Clerk on a form provided by the City Clerk.
(C) The applicant must meet all qualifications stated in this chapter before a license is issued and continuously thereafter during the license term. The application shall require and the applicant shall provide such information and documentation as is specified in this chapter.
(D) If a person who wishes to operate a sexually oriented business is an individual, he/she must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each officer, director, general partner, managing partner or other person who will participate directly in decisions relating to management of the business shall sign the application for a license as applicant. Each applicant must meet the qualifications as stated in this chapter and each applicant shall be considered as a licensee if a license is granted.
(E) The completed application for a sexually oriented business license 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 or her legal name and any aliases and submit proof that he or she is 21 or more years of age;
(b) A partnership or limited liability company, the partnership or limited liability company shall state its complete name, and the names of all partners or members, residence address and whether the partnership or company is general or limited, a copy of the partnership, LLC/LLP organizational agreement, if any, and verification of current state registration, 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 its state of incorporation, the name, capacity and address 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) Name of business. If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must state the sexually oriented business's name and submit any registration documents.
(3) Whether the applicant has been convicted of a crime as specified in § 117.07(A)(7)(a), and, if so, the crime, date, place and jurisdiction.
(4) Whether the applicant has had a previous license or holds a present license under this chapter or other similar sexually oriented business ordinances from another city or county and whether any license has been denied, suspended or revoked in this or any other jurisdiction, 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 has been a partner or member in a partnership or limited liability company or an officer, director, or principal stockholder of a corporation that is licensed under this chapter or in another jurisdiction or whose license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the license was denied, suspended or revoked as well as the date of denial, suspension or revocation.
(5) Whether the applicant holds any other licenses under this chapter or operates other similar sexually oriented businesses in another city or county and, if so, the names and locations of such other businesses.
(6) The classification of license 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) The applicant's driver's license number, social security number, and state or federal issued tax identification number.
(10) The application must be accompanied by 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 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 6 inches.
(F) A person commits a misdemeanor if he or she operates a sexually oriented business without a valid license issued by the city for that particular classification of business.
(G) The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the law and this chapter by the Building Inspector and Police Department.
(H) The fact that a person possesses other types of state or county licenses does not exempt him or her from the requirement of obtaining a sexually oriented business license.
(Ord. 3739, passed 10-21-2008) Penalty, see § 117.99