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(A) It shall be unlawful for a person having a duty under this chapter to knowingly fail to fulfill that duty.
(B) A person who violates any provision of this chapter is guilty of a class one misdemeanor.
(C) In addition to prosecution for a criminal violation of this chapter, the operation of a sexually- oriented business without a valid license shall constitute a nuisance and the Town Attorney may file an action in a court of competent jurisdiction against a person or entity operating or causing to be operated such business for injunctive relief or to abate the nuisance arising out of violation of this chapter.
(Prior Code, § 8-3-28) Penalty, see § 113.99
LICENSING REQUIREMENTS; ADMINISTRATION
(A) It shall be unlawful for any person to operate a sexually-oriented business without first obtaining and maintaining a valid sexually-oriented business license issued pursuant to this chapter.
(B) It shall be unlawful for any person who operates a sexually-oriented business to employ a person to work and/or perform services on the premises of the sexually-oriented business, if such employee is not in possession of a valid sexually-oriented business employee license issued to such employee pursuant to this chapter.
(C) It shall be unlawful for any person to obtain employment with a sexually-oriented business if such person is not in possession of a valid sexually-oriented business employee license issued to such person pursuant to this chapter.
(D) It shall be unlawful for any person, association, firm or corporation licensed as provided in this chapter to operate under any name or conduct business under any designation not specified in such license.
(E) All licenses issued pursuant to this chapter shall be non-transferable except as provided in this chapter.
(F) The license required by this section shall be in addition to any other licenses or permits required in order to engage in the business or occupation, as applicable, by either the town, the county or the state and persons engaging in activities described by this chapter shall comply with all other ordinances and laws, including the town’s zoning ordinance, as may be required to engage in a business or profession.
(G) It shall be a defense to divisions (B) and (C) above if the employment is of limited duration and for the sole purpose of repair and/or maintenance of machinery, equipment or the premises.
(Prior Code, § 8-3-4) Penalty, see § 113.99
(A) An application for a sexually-oriented business license, including a renewal application, must be made on a form provided by the town. The application must be accompanied by a sketch or a 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 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. The Town Clerk may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certified that the configuration of the premises has not been altered since it was prepared.
(B) Prior to applying for an original sexually-oriented business license, all applicants for such a license must have the premises inspected and approved by the Health Department, Fire Department, Building Department and Zoning Department. Written certification of such inspections and approvals by each inspecting agency must be submitted with each sexually-oriented business license application. A licensee who has not submitted such certifications within the five previous years or a licensee for an establishment which expanded since the time of the previous license application must also have the respective premises inspected and submit written certification of such inspections and approvals by each inspecting agency with the licensee’s next application for the renewal of a sexually-oriented business license. Agencies responsible for inspecting the premises of an existing or anticipated sexually-oriented business must complete the requested inspections within 30 days of applicant’s request; in the event one or more agencies fails to timely inspect the requested premises, the requirements of this division (B) as they relate to that one or more inspection are waived by the town.
(C) The application may request, and the applicant shall provide, such information (including fingerprints) as the town may require to enable the town to determine whether the applicant meets the qualifications established under this chapter. The applicant has an affirmative duty to supplement a pending application with new information received subsequent to the date the application was deemed completed.
(D) All applications to own or operate a sexually-oriented business must be submitted by a natural person who must sign the application. If a legal entity wishes to own or operate a sexually-oriented business, each natural person who owns or controls a 20% or greater interest in the business must sign the application for a business license as an applicant. If a corporation is listed as owner of a sexually- oriented business or as the entity that wishes to operate such a business, each individual having a 20% or greater interest in the corporation must sign the application for a business license as an applicant, in all cases, any person involved in the day-to-day operation of the business or has the capacity to significantly influence the operation of the business must sign the application as an applicant.
(E) Each application for a sexually-oriented business license shall be accompanied by the following:
(1) Payment of the application fee in full;
(2) The name of the applicant or organization applying for the license and the name under which the sexually-oriented business will operate;
(3) If the establishment is a state corporation, a copy of the articles of incorporation, together with all amendments thereto and a signed statement that the corporation is in good standing in the state;
(4) If the establishment is a foreign corporation, a copy of the certificate of authority to transact business in the state, together with all amendments thereto and a signed statement that the corporation is in good standing in the state of incorporation;
(5) If the establishment is a limited partnership formed under the laws of the state, a copy of the certificate of limited partnership, together with all amendments thereto and a signed statement that the corporation is in good standing in the state;
(6) If the establishment is a foreign limited partnership, a copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto and a signed statement that the corporation is in good standing in the state of incorporation;
(7) Proof of the current fee ownership of the tract of land on which the establishment is to be situated in the form of a copy of the recorded deed;
(8) If the persons identified as the fee owner(s) of the tract of land in division (E)(6) above are not also the owners of the establishment, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the applicants to have or obtain the use and possession of the tract or portion thereof that is to be used for the establishment for the purpose of the operation of the establishment;
(9) A current certificate and straight-line drawing prepared within 30 days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually-oriented businesses with 1,500 feet of the property to be certified; the property lines of any established religious institution/synagogue, public park or recreation area or family-oriented entertainment business within 1,500 feet of the property to be certified; the property lines of any school established with 1,500 feet of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted;
(10) Any of divisions (E)(2) through (E)(8) above shall not be required for a renewal application or for an application for a secondary classification of sexually-oriented business operated within the same establishment as the primary application or license if the applicant states that the documents previously furnished the Town Clerk with the original application or previous renewals thereof remain correct and current.
(F) Applications for an employee license to work and/or perform services in a sexually-oriented business, whether original or renewal, must be made to the Town Clerk by the person to whom the employee license shall issue. Each application for an employee license shall be accompanied by payment of the application fee in full. Application forms shall be supplied by the Town Clerk. Applications must be submitted to the office of the Town Clerk or the Town Clerk’s designee during regular working hours and contain the following information:
(1) The applicant’s given name, and any other names by which the applicant is or has been known, including “stage” names and/or aliases;
(2) Age, date and place of birth;
(3) Height, weight, hair color and eye color;
(4) Present residence address and telephone number;
(5) Present business address and telephone number;
(6) Date, issuing state and number of photo driver’s license, or other state issued identification card information;
(7) Social Security number; and
(8) Proof that the individual is at least 18 years old.
(G) All information submitted to the town pursuant to this paragraph is confidential and will not be released, except as pursuant to a valid law enforcement investigation, court order or as otherwise may be required by law.
(H) Each person signing an application as an applicant shall attach to the application form the following:
(1) Two identical, passport-quality color photographs of the applicant clearly showing the applicant’s face and taken within the preceding month and two sets of the applicant’s complete fingerprints on a form provided by the Marshal’s office. Any fees for the photographs and fingerprints shall be paid by the applicant;
(2) A statement detailing the sexually-oriented business license history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant, in this or any other town, city, county, state or country, has ever had any sexually-oriented business license, permit or authorization to do business denied, revoked or suspended, or had any professional or vocation license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, state the name(s) under which the license was sought and/or issued, the name(s) of the issuing or denying jurisdiction, and describe in full the reason(s) for the denial, revocation or suspension. A copy of any order of denial, revocation or suspension shall be attached to the application;
(3) A statement whether the applicant or any person over the age of 18 years with whom the applicant resides has been convicted, or is awaiting trial on pending charges, of a specified criminal activity and, if so, the nature of the specified criminal activity involved, the date, place and jurisdiction of each; and
(4) A statement made under oath that the applicant has personal knowledge of the information contained in the application, that the information contained therein and furnished therewith is true and correct and that the applicant has read the provisions of this chapter.
(I) A separate application and sexually-oriented business license shall be required for each sexually- oriented business classification operating within the same establishment.
(J) The fact that a person possesses other types of permits and/or licenses does not exempt such person from the requirement of obtaining a sexually-oriented business or employee license.
(Prior Code, § 8-3-5)
(A) Upon the filing of an application for a sexually-oriented business employee license, the Town Clerk shall issue a temporary license to said applicant. The application shall then be referred to the appropriate town departments for investigation to be made on the information contained in the application. Any inspection requirement of a particular town agency shall be waived if the respective town agency fails to complete its inspection within 20 days of the date it received an inspection request. The application review process shall be completed with 30 days from the date of the completed application. After the investigation, the Town Clerk shall issue an employee license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(1) The applicant has failed to provide the information required by this chapter for issuance of the license or has falsely answered a question or request for information on the application form;
(2) The applicant is under the age of 18 years;
(3) The applicant has been convicted of a specified criminal activity;
(4) 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 a particular provision of this chapter; or
(5) The applicant has had a sexually-oriented business employee license revoked by any jurisdiction within two years of the date of the current application.
(B) If an application for a sexually-oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void.
(C) Denial, suspension or revocation of a license issued pursuant to this section shall be subject to appeal as set forth in this chapter.
(D) A license issued pursuant to division (A) above, if granted, shall state on its face the name of the person to whom it is granted, the expiration date and the address of the sexually-oriented business. The employee shall keep the license on the employee’s person at all time while engaged in employment or performing services on the sexually-oriented business premises so that said license may be available for inspection upon lawful request. If application is made for a sexually-oriented business license, the Town Clerk shall approve or deny issuance of the license within 45 days of receipt of the completed application. The failure of the town or a particular town official or agency to timely act shall result in the waiver by the town of any requirement under this chapter as applied to that particular town official or agency.
(E) The Town Clerk shall issue a license to an applicant unless it is determined that one or more of the following findings is true:
(1) An applicant has failed to provide the information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
(2) An applicant is under the age of 18 years;
(3) An applicant has been denied a license by the town to operate a sexually-oriented business with the preceding 12 months, or applicant’s license to operate a sexually-oriented business has been revoked within the preceding 12 months;
(4) An applicant is overdue in payment to the town in taxes, fees, fines or penalties assessed against or imposed upon him or her in relation to any business;
(5) An applicant has been convicted of a specified criminal activity;
(6) The premises to be used for the sexually-oriented business have not been approved by the Health Department, Fire Department and the Building Department as being in compliance with applicable laws and ordinances;
(7) The premises to be used for the sexually-oriented business is located within 1,500 feet of any residential zone, single- or multiple-family dwelling, family-oriented entertainment business, church, park or school;
(8) The premises to be used for the sexually-oriented business is located within 1,500 feet of either any other sexually-oriented business licensed under this chapter or any other sexually-oriented business that would be licensed under this chapter if it were located within the town limits;
(9) The license fee required under this chapter has not been paid; or
(10) An applicant of the proposed establishment is in violation of or is not in compliance with one or more of the provisions of this chapter.
(F) A license issued pursuant to division (E) above, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually-oriented business, and the § 113.03 of this chapter classification for which the license is issued. The license shall be posted in a conspicuous place at or near the entrance to the sexually-oriented business so that it may be easily read at any time.
(G) A sexually-oriented business license shall issue for only one classification, as set forth in § 113.03 of this chapter. Each classification operating with the same establishment and wholly owned by that establishment requires a separate license.
(H) In the event that the Town Clerk determines that an applicant is not eligible for a sexually- oriented business license, the applicant shall be given notice in writing of the reasons for the denial within 45 days of the receipt of the completed application by the Town Clerk; provided that, the applicant may request, in writing at any time before the notice is issued, that such period be extended for an additional period of not more than ten days in order to make modifications necessary to comply with this chapter.
(I) Each license issued pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the Town Clerk that the applicant has not been convicted of any specified criminal activity, or committed and act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within 30 days of receiving the completed application. The renewal of a license shall be subject to the fee as set forth in § 113.23 of this chapter. Non-renewal of a license shall be subject to appeal as set forth in this chapter.
(Prior Code, § 8-3-6)
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