1329.04  PERMIT REQUIRED.
   (a)   It is unlawful for any person to operate a private club, bar, liquor store, gambling establishment, or sexually oriented business without a valid special use permit issued by the City pursuant to this article.
   (b)   All application for a special use permit must be made to the City on a form provided by the City.
   (c)   All applicants for a special use permit must be qualified according to the provisions of this article. The application may request, and the applicant shall provide, such information including fingerprints as to enable the City to determine whether the application meets the qualification established in this article.
   (d)   If a person who wishes to operate a business requiring a special use permit is a individual, the individual must sign the application for a license as applicant. If a person who wishes to operate a business requiring a special use permit is other than an individual, each individual who has a twenty percent (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 permittee if a permit is granted.
   (e)   The completed application for a special use permit 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/her legal name and any aliases and submit proof that he/she is eighteen 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.
      (2)   If the applicant intends to operate the business requiring a special use permit under a name other than that of the applicant, he or she must state the 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 article, 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 article or other similar ordinances from another city or county denied, suspended, or revoked, including the name and location of the 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 article, whose license has previously been denied, suspended, or revoked, including the name and location of the 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 article, or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other licensed businesses.
      (6)   The single classification of license for which the applicant is filing.
      (7)   The location of the proposed business, including a legal description of the property, street address, and telephone number(s), if any.
      (8)   The applicant’s mailing address and residential address.
      (9)   A recent photograph of the applicant(s).
      (10)   The applicant’s driver’s license number, social security number, and/or his/her State or federally issued tax identification number.
      (11)   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 six inches.
      (12)   A current certificate and straight-line drawing prepared within thirty days prior to application by a registered land surveyor depicting the property lines and the location of any structures containing any existing business requiring a special use permit within 2000 feet of the property to be certified; and property lines of any established entity, building district, or business listed in Section 1329.03(a).  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.
         (Passed 5-6-04.)