(A) Any person, partnership or corporation desiring to secure a license shall make application to the Town Clerk. Seven copies of the application shall be filed with, and dated by, the Town Clerk, Copies of the application shall be distributed promptly, by the Town Clerk, to the Town Police Department, the First Selectman, the Building Official, the Director of Health, the Zoning Enforcement Officer and the Planning and Zoning Commission. (Separate permits from these and other agencies may be required in addition to the license.)
(B) The application for a license shall be upon a form provided by the Town Clerk. An applicant for a license, which shall include all partners or limited partners of a partnership applicant, and all officers or directors of a corporate applicant, and all stockholders holding more than 5% of the stock of a corporate applicant, or any other person who is interested directly in the ownership or operation of the business, shall furnish the following information:
(1) Name and address, including all aliases;
(2) Written proof that the individual is at least 18 years of age;
(3) All residential addresses of the applicant for the past ten years;
(4) The applicant’s height, weight, color of eyes and hair;
(5) The businesses, occupations or employment of the applicant for ten years immediately preceding the date of application;
(6) Whether the applicant previously operated in this or any other county, town, city or state under an adult-oriented establishment license or similar business license; whether the applicant has ever had such license revoked or suspended, the reason therefor, and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation;
(7) All criminal statutes, whether federal or state, or town ordinance violation convictions, forfeiture of bond and pleading of nolo contendre on all charges, except minor traffic violations;
(8) Fingerprints and two portrait photographs at least two inches by two inches of the applicant;
(9) The address of the adult oriented establishment to be operated by the applicant; and
(10) If the applicant is a corporation, the applicant shall specify the name of the corporation, the date and state of the incorporation, the name and address of the registered agent, and the name and address of all shareholders owning more than 5% of the stock in said corporation and all officers and directors of the corporation.
(C) Within 75 days of receiving an application for a license, the Town Clerk shall notify the applicant whether the application is granted or denied.
(D) (1) The Town Clerk shall grant the application upon written certification from the First Selectman, Salem Police Department, the Building Official, the Director of Health and the Zoning Enforcement Officer that all applicable requirements have been met and upon the following circumstances:
(a) The required fees have been paid;
(b) The applicant conforms in all respects to the provisions of this chapter;
(c) The applicant has not made a material misinterpretation of the facts in the application; and
(d) That neither the applicant, if an individual, nor any person financially interested, if a corporation, or any of the partners, including limited partners, nor the holder of any profit interest, nor the manager or other person principally in charge of the operation of the proposed business has been convicted of, pleaded nolo contendre or guilty to any felony or to a misdemeanor involving moral turpitude;
(e) The applicant has not had a license, similar to the one issued pursuant to the provisions of this chapter, issued by another local authority suspended or revoked for cause within the five-year period immediately preceding the date of the filing of the application;
(f) The proposed business complies with all applicable regulations of the town Planning and Zoning Commission; and
(g) The applicant, manager or other person principally in charge of the operation of the business is at least 18 years of age.
(2) The Town Clerk shall deny the application if all of the requirements set forth in divisions (D)(1)(a) to (D)(1)(g) above have not been met.
(E) Whenever an application is denied, the Town Clerk shall advise the applicant, in writing of the reasons for such action. If the applicant requests a hearing within ten days of receipt of the notification of denial, a public hearing shall be held within 30 days thereafter before the Board of Selectmen, as hereinafter provided.
(F) Failure or refusal of the applicant to give any information relevant to the investigation of the application, or his or her refusal or failure to appear at any reasonable time and place for examination regarding said application, or his or her refusal to submit to cooperate with any investigation required by this chapter shall constitute an admission by the applicant that he or she is ineligible for such license and shall be grounds for denial thereof by the Town Clerk.
(Ord. passed 2-29-1996)