(A) It is unlawful for any person to operate a sexually-oriented business without a valid sexually- oriented business license issued by the City Clerk’s office pursuant to this chapter.
(B) An application for a license must be made on a form provided by the City Clerk. All applicants must be qualified according to the provisions of this chapter.
(C) An application shall be considered complete if it includes the information required in this section. All premises requirements outlined in this section must be inspected by the Enforcement Officer and a recommendation of approval or denial of application forwarded to the City Clerk within 45 days from the time the application is filed. The applicant shall be qualified according to the provisions of this chapter. All applications for licenses shall be made to the City Clerk. The application for a license required by this section shall include the information called for in divisions (C)(1) through (C)(12) below, as follows:
(1) The full true name and any other names used in the preceding five years;
(2) The name, business location, legal description, business mailing address and phone number of the proposed sexually-oriented business;
(3) Telephone number of the applicant;
(4) The applicant’s citizenship;
(5) The state of incorporation (where applicable); the names of partners or corporate officers (where applicable);
(6) The registered agent name, registered agent’s address and the principal office of the corporation (where applicable);
(7) The length of time the business has been in the city;
(8) Any previous location or location change of the business within two years;
(9) The issuing jurisdiction and the effective dates of any license or permit held by the applicant relating to a sexually-oriented business, and whether any such license or permit has been denied, revoked or suspended and, if so, the reason or reasons wherein;
(10) Whether all county and state taxes have been paid;
(11) The seating capacity of the establishment; and
(12) The number of business locations, stages, motion picture or video screens, closed circuit televisions and motion picture or video screens, projectors or other image-producing devices.
(D) The application 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.
(E) The application shall be accompanied by a site plan prepared by a land surveyor who is licensed by the state. The site plan shall show all the relevant features of the proposed sexually-oriented business premises and the surrounding area, including, but not limited to:
(1) The current zoning districts of all property within 1,000 feet of the property to be licensed;
(2) The property lines of any established park, school or place of worship as described in § 118.003(D)(11);
(3) The property lines of any residence within 1,000 feet of the property to be licensed; and
(4) The property lines of any established sexually-oriented business within 500 feet of the property to be licensed.
(F) The application shall be notarized. If the person who wishes to operate a sexually-oriented business is an individual, he or she shall sign the application for a license as applicant. If the person that wishes to operate a sexually-oriented business is other than an individual (such as a corporation), 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 the applicant. Each applicant must be qualified under § 118.021, and each applicant shall be considered as a licensee if a license is granted.
(G) A person who possesses a valid business license is not exempt from the requirement of obtaining any required sexually-oriented business license. A person who operates a sexually-oriented business and possesses a business license shall comply with the requirements and provisions of this chapter, where applicable.
(H) 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, and may be disclosed only:
(1) To other governmental agencies in connection with a law enforcement or public safety function; or
(2) As may otherwise be required by law or a court order.
(I) The information provided in the license application 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.
(Ord. 50-2006, passed 11-6-2006)