(A) Business license. It shall be unlawful for any person to operate an adult entertainment establishment in the city without a valid adult entertainment establishment license.
(B) Employee license. It shall be unlawful for any person to be an employee, as defined in this chapter, of an adult entertainment establishment in the city without a valid adult entertainment establishment employee license, except that a person who is a licensee under a valid adult entertainment establishment license shall not be required to also obtain an adult entertainment establishment employee license.
(C) Application.
(1) An applicant for an adult entertainment establishment license or an adult entertainment establishment employee license shall file in person at the office of the City Clerk a completed application made on a form provided by the City Clerk. An adult entertainment establishment may designate an individual with an influential interest in the business to file its application for an adult entertainment establishment license in person on behalf of the business. The application shall be signed as required by division (D) herein and shall be notarized. An application shall be considered complete when it contains, for each person required to sign the application, the information and/or items required in this division (C), accompanied by the appropriate licensing fee:
(a) The applicant's full legal name and any other names used by the applicant in the preceding five years.
(b) Current business address or another mailing address for the applicant.
(c) Written proof of age, in the form of a driver's license or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency.
(d) If the application is for an adult entertainment establishment license, the business name, location, legal description, mailing address and phone number of the adult entertainment establishment.
(e) If the application is for an adult entertainment establishment license, the name and business address of the statutory agent or other agent authorized to receive service of process.
(f) A statement of whether an applicant has been convicted of or has pled guilty or nolo contendere to a specified criminal activity as defined in this chapter, and if so, each specified criminal activity involved, including the date, place, and jurisdiction of each as well as the dates of conviction and release from confinement, where applicable.
(g) A statement of whether any adult entertainment establishment in which an applicant has had an influential interest, has, in the previous five years (and at a time during which the applicant had the influential interest):
1. Been declared by a court of law to be a nuisance; or
2. Been subject to a court order of closure or padlocking.
(h) An application for an adult entertainment establishment license shall be accompanied by a legal description of the property where the business is located and a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but shall 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. Applicants who are required to comply with the stage, booth, and/or room configuration requirements of this chapter shall submit a diagram indicating that the setup and configuration of the premises meets the requirements of the applicable regulations.
(2) The information provided pursuant to division (C) shall be supplemented in writing by certified mail, return receipt requested, to the City Clerk within ten working days of a change of circumstances which would render the information originally submitted false or incomplete.
(D) Signature. A person who seeks an adult entertainment establishment employee license under this section shall sign the application for a license. If a person who seeks an adult entertainment establishment license under this section is an individual, he or she shall sign the application for a license as applicant. If a person who seeks an adult entertainment establishment license is other than an individual, each person with an influential interest in the adult entertainment establishment or in a legal entity that controls the adult entertainment establishment shall sign the application for a license as applicant. Each applicant must be qualified under this chapter and each applicant shall be considered a licensee if a license is granted.
(E) The information provided by an applicant in connection with an application for a license under this chapter shall be maintained by the office of the City Clerk on a confidential basis, and such information may be disclosed only as may be required, and only to the extent required, by court order.
(Ord. 2009-005, passed 5-20-2009)