Before any applicant may be licensed to operate a sexually oriented business or as a sexually oriented business employee pursuant to this chapter, the applicant shall submit, on a form to be supplied by the business license coordinator, the following:
A. Correct Legal Name: The correct legal name of each applicant, corporation, partnership, limited partnership or entity doing business under an assumed name;
B. Corporations; Partnerships: If the applicant is a corporation, partnership or limited partnership or individual or entity doing business under an assumed name, the information required below for individual applicants shall be submitted for each partner and each principal of an applicant and for each officer, director of a corporation and any shareholder (corporate or personal) of more than ten percent (10%) of the stock of any applicant. Any holding company, or any entity holding more than ten percent (10%) of an applicant shall be considered an applicant for purposes of disclosure under this chapter;
C. Personal Information: For all applicants or individuals, the application must also state:
1. Any other names or aliases used by the individual;
2. The age, date and place of birth;
3. Height, weight, color of hair, color of eyes;
4. Present business address and telephone number;
5. Present residence and telephone number;
6. Utah driver's license or identification number; and
7. Social security number;
D. Proof Of Age: Acceptable written proof that any individual is at least eighteen (18) years of age;
E. Photographs: Attached to the form as provided above, two (2) color photographs taken by the Ogden police department of the applicant clearly showing the individual's face and the individual's fingerprints on a form provided by the police department. For persons not residing in the city, the fingerprints shall be on a form from the law enforcement jurisdiction where the person resides. Fees for the fingerprints shall be paid by the applicant directly to the issuing agency; fees for the photographs shall be covered as part of the business license fee;
F. Previous Employment History And Residences: A statement of the business, occupation, or employment history and all previous residence addresses, if any, of each individual applicant, for the three (3) years immediately preceding the date of the filing of the application;
G. License And Permit History: A statement detailing the business license and permit history of the applicant for the five (5) year period immediately preceding the date of the filing of the application for any license or permit identical to or similar to those regulated by this chapter; and whether the applicant, previously operating or seeking to operate such business or engaging in such occupation in this or in any other county, city or state, has ever had a license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, state the date, the name of the issuing or denying jurisdiction, and state in full the reasons for the denial, revocation or suspension;
H. Criminal Convictions: All criminal convictions or pleas of nolo contendere, except those which have been expunged, for the applicant, individual or other entity subject to disclosure under this chapter for five (5) years prior to the date of application. This disclosure shall include identification of all ordinance violations, excepting minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature of each conviction or plea of nolo contendere and sentence of each conviction or other disposition; identifying the convicting jurisdiction. Application for a sexually oriented business or employee license shall constitute a waiver of disclosure of any criminal conviction or plea of nolo contendere for the purposes of any proceeding involving the business or employee license;
(Ord. 2000-39, 7-18-2000)
I. Owner Of Property: In the event the applicant is not the owner of record of the real property upon which the business or proposed business is or is to be located, the application must be accompanied by a notarized statement from the legal or equitable owner of the property specifically acknowledging the type of business for which the applicant seeks a license for the property. In addition to furnishing such notarized statement, the applicant shall furnish the name, address and phone number of the owner of record of the property, as well as a copy of the lease;
(Ord. 2001-66, 11-27-2001, eff. 12-13-2001)
J. Description Of Services: A description of the services to be provided by the business, with sufficient detail to allow reviewing authorities to determine what business will be transacted on the premises, together with a schedule of usual fees for services to be charged by the licensee, and any rules, regulations or employment guidelines under or by which the business intends to operate. This description shall also include:
1. The hours that the business or service will be open to the public, and the methods of promoting the health and safety of the employees and patrons and preventing them from engaging in illegal activity,
2. The methods of supervision preventing the employees from engaging in acts of prostitution or other related criminal activities,
3. The methods of supervising employees and patrons to prevent employees and patrons from charging or receiving fees for services or acts prohibited by this chapter or other statutes or ordinances,
4. The methods of screening employees and customers in order to promote the health and safety of employees and customers and prevent the transmission of disease and prevent the commission of acts of prostitution or other criminal activity;
K. Unlawful: It is unlawful to knowingly submit false or materially misleading information on or with a sexually oriented business license application or to fail to disclose or omit information for the purpose of obtaining a sexually oriented business or employee license.
(Ord. 2000-39, 7-18-2000)