(A) An original or renewal application for an adult entertainment business license shall be submitted to the Town Manager or his or her designee on a form provided by the Town Manager. The town’s application may require and the applicant shall provide such information as reasonably necessary (including fingerprints) to enable the town to determine whether the applicant meets the qualifications established in this ordinance.
(B) A nonrefundable filing fee of $250 shall be paid at the time of filing the application for the first application for a new license and $125 for each consecutive year of renewal.
(C) The license fee for an adult entertainment business shall be $700 for the first year or any part thereof, and $350 for each consecutive year of renewal.
(D) By filing the application for approval with the Town Manager, the applicant is agreeing to and is submitting himself, herself or itself to the personal jurisdiction of the Town Council, Town Court and County Courts.
(E) An application for an adult entertainment business license shall identify and shall be signed by the following persons:
(1) If the business entity is owned by an individual, that individual;
(2) If the business entity is owned by a corporation, each officer or director of the corporation, any individual owning or controlling more than 50% of the voting shares of the corporation, and any person with an ownership interest in the corporation who will be principally responsible for the operation of the proposed adult entertainment business; or
(3) If the business entity is owned by a partnership (general or limited), a joint venture, or any other type of organization where two or more persons share in the profits and liabilities of the organization, each partner (other than limited partners); and any other person entitled to share in the profits of the organization, whether or not such person is also obligated to share in the liabilities of the organization, who will be principally responsible for the operation of the proposed adult entertainment business.
(F) An application for an adult entertainment business license must designate one or more individuals who are to be principally responsible for the operation of the proposed adult entertainment business, if a license is granted. At least one person so designated must be involved in the day-to-day operation of the proposed adult entertainment business. Each person so designated, as well as the business entity itself, shall be considered a license applicant, must qualify as a licensee under this ordinance, and shall be considered a licensee if a license is granted.
(G) An application for an adult entertainment business license shall be completed according to the instructions on the application form, which shall require the following:
(1) If the applicant is:
(a) An individual, state the legal name and any aliases of such individual;
(b) A partnership, state the complete name of the partnership and all of its partners and whether the partnership is general or limited, and provide a copy of the partnership agreement, if any;
(c) A joint venture, or any other type of organization where two or more persons share in the profits and liabilities of the organization, state the complete name of the organization and provide a copy of the legal document establishing the organization, if any; or
(d) A corporation, state the complete name of the corporation and the date of its incorporation, provide evidence that the corporation is in good standing under the laws of its state of incorporation, and state the names and capacities 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 entertainment business under a name other than that of the applicant, state the fictitious name to be used and submit copies of documentation evidencing the registration of the business name under applicable laws;
(3) State whether any applicant has been convicted of a specified criminal activity as defined in this ordinance, and if so, the specified criminal activity involved and the date, place and jurisdiction of each such conviction;
(4) State whether any applicant has had a previous license under this ordinance or other similar regulation of another jurisdiction denied, suspended or revoked, including the name and location of the adult entertainment business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation; and state whether the applicant has been a partner in a partnership or an officer, or 50% or greater owner of a corporation licensed under this ordinance whose license has previously been denied, suspended or revoked, including the name and location of the business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation;
(5) State whether any applicant holds any other licenses under this ordinance or other similar regulation from this or another jurisdiction and, if so, the names and locations of such other licensed businesses;
(6) State the location of the proposed adult entertainment business, including a legal description of the property (i.e., permanent parcel number), street address and telephone number(s), if any;
(7) State the physical mailing address and residential address of each applicant and each person signing the application. A post office box does not satisfy this requirement. This address must be updated within 30 days of any address change by the applicant/licensee. By submitting an application, the applicant/licensee represents and agrees that the address provided (as updated) is sufficient to allow for service of process at that address. By submitting an application, the applicant/licensee also agrees that any service attempted, pursuant to state law, at the address provided constitutes sufficient service of process under state law, and he, she, and/or it agrees to waive any challenge to any suit instituted by the town against the applicant/licensee based upon personal jurisdiction and/or insufficient/inadequate service of process made at the address provided. Failure to provide an adequate address or to update timely that address constitutes grounds for denying an application for an adult entertainment license or revoking an adult entertainment license;
(8) Submit a recent photograph of each applicant who is a natural person, taken by the town that clearly shows the applicant’s face;
(9) Submit the fingerprints of each applicant, who is a natural person, recorded by the Town Police Department;
(10) For any applicant who is a natural person, describe and identify the location of any tattoos on such person’s face, arms or hands, or any other anatomical area that normally would be visible when such person is on the premises of the proposed adult entertainment business;
(11) State the driver’s license number and Social Security number of each applicant who is a natural person and each person signing the application, or, for an applicant that is not a natural person, the applicant’s federally issued tax identification number;
(12) Submit proof that each applicant who is a natural person is at least 18 years old;
(13) Submit a sketch or diagram showing the configuration of the premises of the adult entertainment business. The diagram shall also designate the place at which the adult entertainment business license will be conspicuously posted, if granted. The sketch or diagram need not be professionally prepared, but it 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; and
(14) The above-required disclosures facilitate the police investigation into the applicant’s criminal background regarding crimes of a sexual nature so that the town can determine whether the ordinance’s civil disabilities provisions apply. Such provisions exist to combat the sex crimes connected with adult entertainment establishments by temporarily prohibiting those recently convicted of such crimes from employment with those establishments. In addition, the required disclosures ensure continuing compliance with the ordinance’s licensing and permitting requirements.
(Ord. 21-97, passed - -1997; Ord. 3-2000, passed - -2000; Ord. 51-2005, passed 10-10-2005; Ord. 02-2009, passed 1-26-2009)