(A) It shall be unlawful for a person to operate a sexually oriented business without a valid special use permit issued by the city.
(B) An application for a permit must be made on a form provided by the city. The application must be accompanied by a sketch or diagram showing the configuration of the business premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but 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 inches.
(C) The application for a permit shall be upon a form provided by the Zoning Administrator. An applicant for a permit, which shall include all partners or limited partners of a partnership applicant, and all officers and directors of a corporate applicant and all stockholders including 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 under oath:
(1) Name and address, including all aliases;
(2) Date of birth;
(3) Social Security number;
(4) Michigan vehicle operator’s license number;
(5) Written proof that the individual is at least 18 years of age;
(6) All residential addresses of the applicant for the past three years;
(7) The applicant’s height, weight, color of eyes and hair;
(8) The business, occupation, or employment of the applicant for five years immediately preceding the date of application;
(9) Whether the applicant previously operated in this or any other county, city, or state under an adult entertainment establishment license or similar business license; whether the applicant has ever had such a 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;
(10) All criminal, whether federal or state, or city ordinance violation convictions, forfeiture of bond, or pleadings of nolo contendere on all criminal charges;
(11) Fingerprints and two portrait photographs at least two inches by two inches of the applicant;
(12) The address of the adult entertainment establishment to be operated by the applicant; and
(13) If the applicant is a corporation, the application shall specify the name of the corporation, the date and state of 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 the corporation, and all officers and directors of the corporation.
(D) The fact that a person possesses other types of state or county permits and/or licenses does not exempt him or her from the requirement of obtaining a special use permit from the city under this section.
(E) The application shall be accompanied by the following:
(1) Payment of the application fee in full;
(2) Proof of current fee ownership of the tract of land on which the sexually oriented business is to be situated in the form of a copy of the recorded deed, land contract, or other instrument of conveyance; and
(3) If the persons identified as the fee owner(s) of the tract of land in division (E)(2) above are not also the owners of the sexually oriented business, then the lease, purchase contract, purchase option contract, lease option contract, or other documents evidencing the legally enforceable right of the ownership or proposed ownership of the premises to have or obtain the use and possession of the premises or portion thereof that is to be used for the purpose of the operation of the sexually oriented business.
(F) The application shall contain a statement under oath that:
(1) The applicant has personal knowledge of the information contained in the application and that the information contained therein and furnished therewith is true and correct; and
(2) The applicant has read the provisions of this section.
(Ord. 02-05, passed 8-5-2002) Penalty, see § 153.999