(A) All applications for licenses shall be made to the town’s Clerk-Treasurer. The application for a license required by this chapter shall include the following information:
(1) Name and business address of the applicant;
(2) The name and address of the business;
(3) Telephone number of the applicant;
(4) The state of incorporation (where applicable);
(5) The names of partners or corporate officers (where applicable);
(6) The registered agent, his or her address and the principal office of the corporation (where applicable);
(7) The length of time the business has been in the town;
(8) Any previous location or location change of the business within two years;
(9) The applicant’s citizenship;
(10) Whether or not the applicant or any partner or corporate officer for the applicant business has ever been denied a license, had a license revoked or suspended;
(11) Whether all town, county and state taxes have been paid;
(12) The seating capacity of the establishment; and
(13) 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.
(B) The application shall be signed and sworn to be true and correct by the applicant.
(C) (1) Where a person seeks a license to operate an adult entertainment business, the applicant may begin operating the facility 45 days after submitting a completed application, even in those instances when the Clerk-Treasurer denies the request to issue a license, except as otherwise set forth in this paragraph.
(2) The Clerk-Treasurer shall have 45 days in which to determine whether to issue a license. If the Clerk-Treasurer fails to act by either granting or denying the license within 45 days, the license shall be granted by operation of law.
(3) If the Clerk-Treasurer denies the request to issue a license, the Clerk-Treasurer shall issue a conditional license to operate if a timely petition for judicial review is filed within ten days of receipt of notice of the Clerk-Treasurer’s decision. Such a conditional license shall operate in all respects as a license until judicial review is completed by a trial court of competent jurisdiction. A conditional license shall not permit the applicant to operate in violation of any other ordinance or law. In particular, the applicant shall not operate in violation of any zoning or land use laws.
(D) During the term of a license under this chapter, a licensee shall provide the Clerk-Treasurer with written notice of any additions or changes in the information given in the license application.
(Ord. 2013-7, passed 12-10-2013)