(A) Adult establishment license. All persons desiring to secure a license to conduct, operate, or maintain an adult establishment under the provisions of this chapter shall make a verified application to the Administrative Official. All applications shall be submitted on a form supplied by the city and shall require the following information:
(1) The applicant’s full name and any aliases or other names by which the applicant is known or which the applicant has used at any time, and the residence addresses for the past two years, the business and home telephone numbers, occupation, date and place of birth, Social Security Number, driver’s license number, and a recent photograph of the applicant;
(2) The name of the adult establishment, a description of the adult entertainment to be performed on the licensed premises, the name of the owner of the premises where the adult establishment will be located, the business address, and the Richmond County parcel identification number on which the business resides;
(3) If the person(s) identified as the fee owner(s) of the tract of land is/are not also the owner(s) 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 owners or proposed owners of the adult establishment to have or obtain the use and possession of the tract or portion thereof that is to be used for the purpose of the operation of an adult establishment;
(4) 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 within 1,000 feet of the property to be certified, and the property lines of any established religious institution/synagogue, school, library, or public park or recreation area within 1,000 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;
(5) Any of the criteria required in divisions (A)(2) through (A)(4) above shall not be required for a renewal if the applicant states, in writing, that the documents previously furnished to the city with the original application or previous renewals thereof remain correct and current;
(6) The names, residence addresses for the past two years, Social Security numbers, and dates of births of all partners, if the applicant is a partnership, and, if the applicant is a corporation, the same information for all corporate officers, directors, and individuals having a 10% or greater interest in the corporation;
(7) A written statement from the applicant or from partner or from each corporate officer, director, or 10% shareholder that each such person has not been convicted of, released from confinement for conviction of, or diverted from prosecution on a felony criminal act within five years immediately preceding the application or a misdemeanor criminal act within two years immediately preceding the application, where such felony or misdemeanor criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography, or related offenses as defined in the laws of the state or any other comparable violation of the laws of this state or the laws of any other state;
(8) A written statement signed under oath that the applicant has personal knowledge of the information contained in the application and that the information contained therein is true and correct and that the applicant has read the provisions of this chapter regulating adult establishments;
(9) A written statement signed under oath that the applicant(s) consents to investigation of his or her background by the city, to include fingerprinting, and that the applicant(s) agrees to furnish within ten days, at his or her expense, a criminal history from the Clerk of Court of any county in which the applicant has resided during the five preceding years; and
(10) Failure to provide the information and documentation required by this division (A) shall constitute an incomplete application, and it shall not be processed until complete.
(B) Adult entertainer license. All persons desiring to secure a license under the provisions of this chapter to be an entertainer shall make a verified application to the city. All applications shall be made in person to the Administrative Official. All applications shall be submitted on a form supplied by the city and shall require the following information:
(1) The applicant’s full name and any aliases or other names by which the applicant is known or which the applicant has used at any time and the residence addresses for the past two years, the home telephone number, date and place of birth, Social Security Number, and any stage names or nicknames used in entertaining;
(2) The name and address of the adult establishment where the applicant intends to work as an entertainer;
(3) A written statement from the applicant that the applicant has not been convicted of, released from confinement for conviction of, or diverted from prosecution on a felony criminal act within five years immediately preceding the application or a misdemeanor criminal act within two years immediately preceding the application where such felony or misdemeanor criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography, or related offenses, as defined in the laws of the state or any other comparable violation of the laws of this state or the laws of any other state;
(4) The applicant shall present, at the time the application is made, documentation that the applicant has attained the age of 21 years of age. Any of the following shall be accepted as documentation of age:
(a) A motor vehicle operator’s license issued by any state, bearing the applicant’s photograph and date of birth;
(b) A state-issued identification card bearing the applicant’s photograph and date of birth;
(c) An official and valid passport issued by the United States of America;
(d) An immigration card issued by the United States of America;
(e) Any other form of picture identification issued by a governmental entity that is deemed reliable by the city; or
(f) Any other form of identification deemed reliable by the city.
(5) A written statement signed under oath that the applicant consents to investigation of his or her background by the city, to include fingerprinting, and that the applicant agrees to furnish within ten days, at his or her expense, a criminal history from the Clerk of Court of any county in which the applicant has resided during the five preceding years; and
(6) Failure to provide the information required by this division (B) shall constitute an incomplete application and it shall not be processed until complete.
(C) Application processing. Upon receipt of a complete application for an adult establishment business license or for an adult entertainer license, the Administrative Official shall immediately commence investigation of the application as follows.
(1) In the case of an application for a license for an adult establishment, the Administrative Official shall transmit a copy of the application to the Board of Adjustment and the Police Chief.
(a) The Board of Adjustment shall review the application in the same manner set forth in the Unified Development Ordinance for special use permits no later than 30 working days after the receipt of the application. The Board shall approve or deny the application in accordance with standards set forth in the Unified Development Ordinance for approval or denial of special use permits.
(b) The Police Chief shall report to the Administrative Official no later than 15 working days after the receipt of the application by the Police Chief the result of his or her investigation of the applicant. In the event that the Police Chief fails to report to the Administrative Official within this time period, the Administrative Official shall proceed with processing the application.
(c) Upon completion of his or her investigation, payment of the applicable license fee, and upon receipt of the report Police Chief and action by the Board of Adjustment on the special use permit, the Administrative Official shall determine whether or not a license shall be issued. In no event shall the time period for determination by the Administrative Official exceed 45 working days from the date the application is received by the Administrative Official unless consented to by the applicant.
(2) In the case of an application for a license for an entertainer, the Administrative Official shall transmit a copy of the application to the Police Chief.
(a) The Police Chief shall report to the Administrative Official no later than 15 working days after receipt of the application by the Police Chief, the results of his or her investigation of the applicant. In the event that the Police Chief fails to report, the Administrative Official shall proceed with processing the application.
(b) Upon completion of his or her investigation, payment of the appropriate license, and upon receipt of the report of the Police Chief (or upon expiration of either or both time periods referenced above without receiving a report), the Administrative Official shall determine whether or not a license shall be issued. In no event shall the time period for determination by the Administrative Official exceed 15 days from the date the application is received by the Administrative Official, unless consented to by the applicant.
(D) Reasons for disapproval. The Administrative Official must deny the adult business license application for one or more of the following reasons:
(1) The license application is incomplete so as to not contain all information required by this chapter;
(2) The applicant (including any partners, corporate officers, directors, and shareholders, where applicable) has been convicted of a crime in the local, state, or federal court systems for any violation listed in this chapter;
(3) The applicant (including any partners, corporate officers, directors, and shareholders where applicable) has made false or fraudulent statements in the application, evidence of which is disclosed by a town background investigation or by any other lawful means;
(4) The application for an adult establishment business license does not meet the requirements of this chapter; and
(5) The applicant for an adult establishment has not received a special use permit from the Board of Adjustment.
(E) Notice of approval or disapproval.
(1) Upon a determination by the Administrative Official of the disapproval or approval of the application, the Administrative Official shall notify the applicant by personal delivery or certified mail, return receipt requested, to the address of the applicant as shown on the application. In the event that the application is disapproved, the notification shall state the basis for such disapproval.
(2) In the event an application is disapproved, the applicant shall have 30 days from the receipt of the notice of disapproval to appeal that determination to the Board of Adjustment of the city.
(3) The applicant shall have 30 days from the date a decision is rendered by the Board of Adjustment of the city to appeal to the Superior Court of Richmond County.
(F) Changes to application. All applicants shall notify the Administrative Official of any changes to the application within five working days of the date the change occurs.
(Prior Code, § 114.04) (Ord. passed 2-9-2001)