(A) It is unlawful for any person to operate a sexually oriented business without a valid sexually oriented business license issued by the city.
(B) An application for a license must be made on a form provided by the city.
(C) All applicants must be qualified according to the provisions of this subchapter. The application may request and the applicant shall provide information (including fingerprints) so as to enable the city to determine whether the applicant meets the qualifications established in this subchapter.
(D) If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 20% or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the following section and each applicant shall be considered a licensee if a license is granted.
(E) The completed application for a sexually oriented business license shall contain the following information and shall be accompanied by the following documents:
(1) If the applicant is:
(a) An individual, the individual shall state his or her legal name and any aliases and submit proof that he or she is 18 years of age;
(b) A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;
(c) A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the names and capacity of all officers, directors and principal stockholders and the name of the registered corporate agent and the address of the registered office for service of process; and
(d) The name of the owner of the property where to be located; if a corporation, then the names of the principal owners of corporation.
(2) If the applicant intends to operate the sexually oriented business under a name other than that of the applicant; he or she must state the sexually oriented business’s fictitious name and submit the required registration documents;
(3) Whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity as defined in this subchapter, and, if so, the specified criminal activity involved, the date, place and jurisdiction of each;
(4) Whether the applicant, or a person residing with the applicant, has had a previous license under this subchapter or other similar sexually oriented business sections from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or a person residing with the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this subchapter whose license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation;
(5) Whether the applicant or a person residing with the applicant holds any other licenses under this subchapter or other similar sexually oriented business section from another city or county and, if so, the names and locations of those other licensed businesses;
(6) The location of the proposed sexually oriented business, including a legal description of the property, street address and telephone number(s), if any;
(7) The applicant’s mailing address and residential address;
(8) The applicant’s driver’s license number, social security number and/or his or her state or federally issued tax identification number;
(9) 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 it 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 6 inches;
(10) A straight-line drawing prepared within 30 days prior to application depicting the property lines and the structures containing any existing sexually oriented businesses within 1,000 feet of the property to be licensed; the property lines of any established religious institution/synagogue, school or public park or recreation area within 500 feet of the property to be licensed. 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. The drawing shall be reviewed by the Building Inspector for accuracy. In the event of a dispute between the applicant and the city as to the accuracy of the drawing, the Building Inspector may order the applicant to provide a drawing with the information required under this division prepared by a registered land surveyor; and
(11) Copy of lease and all financing documents; all business related contracts for supply of materials and consulting management.
(Ord. 299, passed 12-16-2002) Penalty, see § 10.99