A. Each individual to be employed in a sexually oriented business, as defined in Section 3-6-2
of this Chapter, 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 in an amount set from time to time by Resolution of the Council. 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 City Clerk or his/her 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;
5. Present business address and telephone number;
6. State driver's license or identification number;
7. Social Security number;
8. Acceptable written proof that the individual is at least eighteen (18) 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 Rigby 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 (5) 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; and
11. Whether the applicant has been convicted of a "Specified Criminal Act" as defined in Section 3-6-2
of this Chapter. This information shall include the date, place, nature of each conviction or plea of nolo contendere and identifying the convicting jurisdiction.
12. The City Clerk or his or her designee shall refer the Sexually Oriented Business Employee License Application to the Rigby 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 (10) days from the date the completed application is filed. After the investigation, the City Clerk or his or her designee shall issue a license unless the report from the Police Department finds that one (1) 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 eighteen (18) years of age;
c. That the applicant has been convicted of a "Specified Criminal Act" as defined in Section 3-6-2
of this Chapter;
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; or
e. That the applicant has had a Sexually Oriented Business Employee License revoked by the City or any other governmental or regulatory agency within two (2) years of the date of the current application.
C. Renewal Of License:
1. A license granted pursuant to this section shall be subject to annual renewal by the City Clerk or his or her designee upon the written application of the applicant and a finding by the City Clerk or his or her designee and the Rigby Police Department that the applicant has not been convicted of any "Specified Criminal Act" as defined in Section 3-6-2
of this Chapter 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 of the license shall be in an amount set from time to time by Resolution of the Council. (Ord. 2019-607, 8-15-2019)