A. No sexually oriented business shall be permitted to operate without a valid sexually oriented business permit issued by the City for the particular type of business. It shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business without said permit.
B. The City Planner or his/her designee is responsible for granting, denying, revoking, renewing, suspending, and canceling sexually oriented business permits for proposed or existing sexually oriented businesses. The City Planner or his/her designee is also responsible for ascertaining whether a proposed sexually oriented business for which a permit is being applied complies with all locational requirements of Sections 3-6-3
, 3-6-5
, and 3-6-6
of this Chapter, all applicable zoning laws and/or regulations now in effect or as amended or enacted subsequent to the effective date of the adoption of this Chapter and the City Comprehensive Plan.
C. The Rigby Police Department shall be responsible for enforcing all other provisions of this Chapter. The Rigby Police Department shall, upon request from the City Planner, provide information on whether an applicant has been convicted of a specified criminal act during the time period set forth.
D. The City Planner and the Rigby Police Department shall be jointly responsible for inspecting a proposed, permitted or non-permitted sexually oriented business in order to ascertain whether it is in compliance with this Chapter.
E. An application for a permit must be made on a form provided by the City. Any person desiring to operate a sexually oriented business shall file with the City Clerk an original and two (2) copies of a sworn permit application on the standard application form supplied by the City or designee. The completed application shall contain the following information and shall be accompanied by the following documents:
1. If the applicant is:
a. An individual, the individual shall state his/her legal name and any aliases and submit satisfactory proof that he/she is eighteen (18) years of age;
b. A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;
c. A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the Laws of Idaho, the names and capacity of all officers, directors and principal stockholders, and 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 sexually oriented business under a name other than that of the applicant; he must state:
a. The sexually oriented business's fictitious name; and
b. Submit documents evidencing compliance with Chapter 5, Title 53, Idaho Code.
3. Whether the applicant or any of the other individuals listed pursuant to Section 3-6-9
of this Chapter has, within the two (2) or five (5) year period as specified in Section 3-6-11
immediately preceding the date of the application, been convicted of a specified criminal act, and, if so, the specified criminal act involved, the date of conviction, and the place of conviction.
4. Whether the applicant or any of the other individuals listed pursuant to Section 3-6-9
F of this Chapter has had a previous permit under this Chapter or other similar sexually oriented business ordinances from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individuals listed pursuant to Section 3-6-9
F has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is permitted under this Chapter whose permit has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
5. Whether the applicant or any other individual listed pursuant to Section 3-6-9
9F holds any other permits and/or licenses under this Chapter or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other permitted businesses.
6. The single classification of permit for which the applicant is filing.
7. The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s), if any.
8. The mailing addresses and residential addresses of the applicant and each partner, member, officer, director and shareholder listed in Section 3-6-9
F hereof.
9. A recent photograph of the applicant(s) or its manager, partner, member or president.
10. The driver's permit number, Social Security number, and/or State or federally issued tax identification number of the applicant or its manager, partner, member or president.
11. 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 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 (6) inches.
12. A current certificate and straight-line drawing prepared within thirty (30) days prior to application by an Idaho registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this Chapter within two thousand five hundred feet (2,500') of the property to be certified; the property lines of any established religious institution/synagogue, school, or public park or recreation area within two thousand five hundred feet (2,500') of the property to be certified; and the property lines of any residentially zoned area or residential property within two thousand five hundred feet (2,500') 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. Sexually oriented businesses allowed under Section 3-6-3
C of this Chapter are excepted from this requirement.
13. If a person who wishes to operate a sexually oriented business is an individual, he/she must sign the application for a permit as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten percent (10%) or greater interest in the business must sign the application for a permit as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a ten percent (10%) or greater interest in the corporation must sign the application for a permit as applicant.
14. If a person wishes to operate a sexually oriented business which shall exhibit on the premises films, video cassettes, DVD's, CD-ROMs, or other video reproductions which depict specified sexual activities or specified anatomical areas, then said person shall comply with the application requirements stated at Section 3-6-20
et. seq. of this Chapter.
F. To determine the suitability of prospective applicants for a license, the Chief of Police shall require a first time applicant to provide information and fingerprints necessary to obtain criminal history information from the Idaho State Police and the Federal Bureau of Investigation. Pursuant to Section 67-3008, Idaho Code, and congressional enactment Public Law Section 92-533, the Chief of Police shall submit a set of fingerprints obtained from the applicant and the required fees to the Idaho State Police, Bureau of Criminal Identification, for a criminal records check of state and national databases. The submission of fingerprints and information required by this section shall be on forms prescribed by the Idaho State Police. The Chief of Police is authorized to receive criminal history information from the Idaho State Police and from the Federal Bureau of Investigation for the purpose of evaluating the fitness of applicants for a license under this section. As required by State and Federal law, further dissemination or other use of the criminal history information is prohibited. Fingerprinting shall not be required for a license renewal, unless fingerprints and criminal background check have not been previously obtained or performed for the applicant. For the purposes of this subsection, fingerprints shall also be taken of all individuals required to be listed pursuant to subsection E.13 of the preceding subsection.
G. Applicants for a permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty (30) days from the date of such change by supplementing the application on file with the City Clerk or his/her designee shall be grounds for suspension of a permit.
H. In the event that the City Clerk or his/her designee determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, he/she shall promptly notify the applicant of such fact and allow the applicant ten (10) days to properly complete the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is expressly allowed an opportunity to properly complete the application.
I. The applicant must be qualified according to the provisions of this Chapter and the premises must be inspected and found to be in compliance with all Federal, State or City health, fire and building codes and laws.
J. The applicant shall be required to pay a non-refundable application fee at the time of filing an application under this Chapter in an amount set from time to time by Resolution of the Council.
K. Prior to obtaining any permit or license to operate any sexually oriented business as defined in this Chapter, and as part of any application for a permit under this section, the applicant shall obtain from the City Planner or his or her designee, a certification that the proposed location of such business complies with the locational requirements of Sections 3-6-5
and 3-6-6
of this Chapter.
L. The fact that a person possesses other types of State or City permits and/or licenses does not exempt the applicant from the requirement of obtaining a sexually oriented business permit.
M. By applying for a permit under this Chapter, the applicant shall be deemed to have consented to the provisions of this Chapter and to the exercise by the City Planner or his/her designee, the Rigby Police Department and all other City agencies charged with enforcing the laws, ordinances and codes applicable in the City of their respective responsibilities under this Chapter.
N. The applicant shall be required to provide the City with the names of any and all employees who are required to be licensed pursuant to Section 3-6-19
of this Chapter. This shall be a continuing requirement even after a permit is granted or renewed. (Ord. 2019-607, 8-15-2019)