(A) Each individual to be employed in a sexually oriented business, as defined in § 131.02, who engages in the services rendered by a nude model studio, escort or escort agency, sexual encounter establishment, massage parlor, or a live performer or entertainer shall be required to obtain a Sexually Oriented Business Employee License. Each applicant shall pay a permit fee of $250. Said fee is to cover reasonable administrative costs of the licensing application process.
(B) Before any applicant may be issued a Sexually Oriented Business Employee License, the applicant shall submit on a form to be provided by the Board of Public Works and Safety or its designee the following information:
(1) The applicant's name or any other names (including "stage" names) or aliases used by the individual;
(2) Age, date, and place of birth;
(3) Height, weight, hair and eye color;
(4) Present residence address and telephone number;
(5) Present business address and telephone number;
(6) State driver's license or identification number;
(7) Social Security number; and
(8) Acceptable written proof that the individual is at least 21 years of age.
(9) Attached to the application form as provided above, a color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by the Police Department. Any fees for the photographs and fingerprints shall be paid by the applicant.
(10) A statement detailing the license or permit history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operating or seeking to operate, in this or any other county, city, state, or country has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational 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 describe in full the reasons for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.
(11) Whether the applicant has been convicted of a specified criminal act as defined in § 131.05(C)(1)(j). This information shall include the date, place, nature of each conviction or plea of nolo contenders and identifying the convicting jurisdiction.
(12) The Board of Public Works and Safety designee shall refer the Sexually Oriented Business Employee License application to the Police Department for an investigation to be made of such information as is contained on the application. The application process shall be completed within ten days from the date the completed application is filed. After the investigation, the Board of Public Works and Safety or its designee shall issue a license unless the report from the Police Department finds that one or more of the following findings is true:
(a) That the applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a license, or in any report or record required to be filed with the sheriff s department or other department of the city;
(b) That the applicant is under 21 years of age;
(d) That the Sexually Oriented Business Employee License is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by particular provisions of this chapter;
(e) That the applicant has had a Sexually Oriented Business Employee License revoked by the city within two years of the date of the current application.
(13) A statement from a licensed medical physician, who has offices located in Miami County, as defined in IC 25-22.5-1-1(g), certifying the applicant has been medically examined and is not infected with AIDS or any sexually transmitted disease as defined by the United States Center for Disease Control.
(C) Renewal of license.
(1) A license granted pursuant to this section shall be subject to annual renewal by the Board of Public Works and Safety or its designee upon the written application of the applicant and a finding by the Board of Public Works and Safety or its designee and the Police Department that the applicant has not been convicted of any specified criminal act as defined in § 131.05(C)(1)(j) or committed any act during the existence of the previous license period which would be grounds to deny the initial permit application.
(2) The renewal fee of the license shall be the same as the initial application fee.
(Ord. 59A-2001, passed 11-5-01) Penalty, see § 131.99
Editor’s note:
IC 25-22.5-1-1(g) was repealed by Acts 1978, P.L. 8, Sec. 14.