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(A) No adult business shall operate without a valid adult business permit issued by the city for a particular type of adult business at a particular location.
(B) The city manager shall grant, deny, renew, suspend, revoke and transfer permits for proposed or existing adult businesses in accordance with this article.
(C) The application for a permit must be made on a form provided by the city manager. An original and two copies of the completed and sworn application form must be filed with the city manager. If the applicant is an individual, he or she must sign the application. If the applicant is other than an individual, an officer of the business entity or an individual who has a ten percent or greater interest in the business entity must sign the application.
(D) The completed application shall contain the following information and 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 satisfactory written proof that he or she is at least 18 years of age;
(b) A partnership, the partnership shall state its complete name, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any; or
(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, the names and capacity of all officers and directors, 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 adult business under a name other than that of the applicant, the applicant must state the fictitious name of the adult business and show proof of registration of the fictitious name;
(3) A description of the type of adult business for which the permit is applied and the proposed address where the adult business will operate;
(4) The address to which notice of action on the application is to be mailed;
(5) The names of all employees required by section 16-347 to obtain an adult business employee license;
(6) A sketch or diagram showing the interior configuration of the premises, including a statement of the total floor area occupied by the adult 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 six inches.
(7) A certificate and straight-line drawing prepared within 30 days prior to application by a State registered land surveyor, depicting the building and the portion thereof to be occupied by the adult business, and:
(a) Any structures containing existing adult businesses within 1,000 feet of the closest exterior wall of the building in which will be located the adult business for which a permit is applied;
(b) The property lines of any religious institution, school, public park, recreation area or youth organization within 1,000 feet of the closest exterior wall of such building; and
(c) The property lines of any residential zones or property used for residential purposes within 1,000 feet of the closest exterior wall of such building.
(8) A diagram of the off-street parking areas and premises entries of the adult business, showing the location of the lighting system required by section 16-352; and
(9) If the adult business is to exhibit on the premises in a viewing room of less than 150 square feet of floor space films, video cassettes, or other video reproductions that depict specified sexual activities or specified anatomical areas, the applicant shall comply with the requirements stated in section 16-349.
(E) The completed application shall be accompanied by a nonrefundable application fee and an annual permit fee. The permit fee shall be refunded if the application is denied. The amount of such fees shall be set by resolution of the city council.
(F) Applicants shall promptly supplement the application if the information therein, including the names of employees required by section 16-347 to obtain an adult business employee license, changes in any way. Failure to supplement the application within 30 days from the date of such change shall be grounds for suspending the permit.
(G) If the city manager determines that the applicant has completed the application improperly, the city manager shall promptly notify the applicant of such fact and, on request of the applicant, grant the applicant an extension of time of not more than ten days to complete the application properly. In addition, the applicant may request an extension, not to exceed ten days, of the time for the city manager to act on the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is granted an extension of time.
(H) The fact that an applicant possesses other types of State or city permits or licenses (including but not limited to a business license, a special use permit, a massage permit, an arcade permit or a dance permit) does not exempt the applicant from the requirement of obtaining an adult business permit.
(`64 Code, Sec. 34-205) (Ord. No. 2313)