(A) It shall be unlawful for any person to operate a sexually oriented business without a valid license issued by the city for the particular type of business or to employ a person who is not licensed as a sexually oriented business employee as provided by division (B) of this section or who is not authorized to work or perform services pursuant to division (C) of this section.
(B) Except as provided in division (C) of this section, it shall be unlawful for any person to be an employee of a sexually oriented business without a valid license. The provisions of this division shall not apply to an employee of an adult bookstore, unless such bookstore is operated in combination with one or more businesses classified in § 112.02(A), (C) and (D) or to such adult bookstore’s operator if the operator is not required to comply with § 112.36. It is unlawful for an entertainer to perform in a sexually oriented business unless such person is the holder of a valid and subsisting license from the city to do so.
(C) An applicant, upon receipt by the City Clerk of his or her application for a sexually oriented business employee license, may work or perform services without an employee license until such time as the license is granted or the decision to deny the license becomes final pursuant to § 112.22. Upon receipt of the applicant’s completed application for an employee license, the City Clerk shall issue the applicant a temporary work permit. The applicant shall keep the temporary work permit on his or her person or on the premises where the applicant is then working or performing services and produce such permit for inspection upon request by a law enforcement officer or other authorized city official.
(D) An applicant for a sexually oriented business license or a sexually oriented business employee license shall file in person at the office of the City Clerk an application made on a form prescribed and provided by the City Clerk. The applicant shall be qualified according to the provisions of this chapter. The application shall be signed under oath by the applicant and notarized. The application shall include but not be limited to the information called for in the following subsections:
(1) The full true name and any other names used in the preceding five years;
(2) Current residential mailing address and telephone number;
(3) If the application is for a sexually oriented business license, the name, business location, business mailing address and phone number of the proposed sexually oriented business;
(4) Written proof of age, in the form of a birth certificate, current driver’s license with picture or other picture identification document issued by a governmental agency;
(5) A photograph of the applicant and two sets of the applicant’s complete fingerprints. The photograph and fingerprints shall be taken within the preceding one month. The fingerprints, if not taken by the Police Department shall be taken within the preceding one month by a law enforcement agency and accompanied by a notarized verification by that agency;
(6) The issuing jurisdiction and the effective dates of any license or permit relating to a sexually oriented business, whether any such license or permit has been denied, revoked or suspended and, if so, the reason or reasons therefore;
(7) All criminal charges, complaints, information or indictments in the preceding five years which resulted in a conviction or a plea of guilty or no contest for any offense described in § 112.16(A)(7) and committed in this state or any offense committed outside this state which if committed in this state would constitute an offense described in § 112.16(A)(7);
(8) If the application is for a sexually oriented business license, the name and address of the statutory agent or other agent authorized to receive service of process.
(9) The information provided pursuant to subsections (1) through (8) shall be supplemented in writing by certified mail, return receipt requested, to the City Clerk within ten working days of a change of circumstances which would render the information originally submitted false or incomplete.
(E) The application for a sexually oriented business license shall 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 shall 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. Applicants who are required to comply with § 112.36 shall submit a diagram meeting the requirements of § 112.36.
(F) If a person who wishes to operate a sexually oriented business is an individual, that individual shall 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 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 be qualified under § 112.16 and each applicant shall be considered a licensee if a license is granted.
(G) The information provided by an applicant in connection with the application for a license under this chapter shall be maintained by the City Clerk on a confidential basis, except that such information may be disclosed to other governmental agencies in connection with a law enforcement or public safety function.
(Ord. 99-37, passed 12-14-99) Penalty, see § 112.99