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(1) Any person, partnership, corporation or any other entity desiring to secure a license shall make application to the Board. The applicant shall file the original application with six copies. The original application shall be dated by the Board and held in the files of the Board. A copy of the application shall be distributed promptly by the Board to: the Police Department, the Department of Codes Administration, the Health Department, the Fire Department and to the applicant.
(2) Application forms shall be available at the office of the Board.
(3) The application form shall include all the information indicated in subsections (A)(5)(a) through (A)(5)(c) below.
(4) The following persons must obtain a license: any partner of a partnership who will participate in the day to day operation of the business, any officer or director of a corporate applicant, and any stockholder holding a majority controlling percentage of the stock of a corporate applicant and who will participate in the day-to-day operation of the business.
(5) The applicant shall furnish the following information under oath:
(a) Name and address, including all aliases (business address is sufficient);
(b) Proof that the individual is at least 18 years of age;
(c) All residential addresses of the applicant for the past three years (for the purpose of facilitation the police investigation into the applicant’s criminal background);
(d) The business, occupation or employment of the applicant for five years immediately preceding the date of the application (for the purpose of facilitating the police investigation into the applicant’s criminal background);
(e) 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;
(f) All violations, convictions or any or pleas of nolo contendere to any crime of rape, aggravated rape, aggravated sexual assault, statutory rape, rape of a child, sexual exploitation of a minor, indecent exposure, prostitution, patronizing prostitution, promoting prostitution, obscenity or other similar crimes of a sexual nature or any crime involving moral turpitude;
(g) All citations issued and sustained by a court within the past two years for violations of any provisions of the city code applicable to adult entertainment establishments;
(h) Fingerprints and two portrait photographs at least two inches by two inches of the applicant (for the purpose of facilitating the police investigation into the applicant’s criminal background);
(i) The address of the adult entertainment establishment to be operated by the applicant;
(j) 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 officers and directors of the corporation, and any stockholder holding a majority controlling percentage of the stock of a corporate applicant and who will be involved in the day to day operation of the business;
(k) If the applicant is a partnership, joint venture or any other type of business the application shall specify the name and address of all persons who will be involved in the day to day operation of the business; and
(l) A statement by the applicant that he or she is familiar with the provisions of this chapter and is in compliance with them.
(6) If the applicant intends to have both, stalls, cubicles or rooms on the premises for the purpose of viewing sexually-oriented movies, sexually-oriented films or adult videos, or sexually-oriented live exhibitions, then along with the application, the applicant shall provide the Board with his or her application a diagram, drawn to scale, of the premises including, but not limited to, the location and layout of all booths, stalls, cubicles or rooms and the location of the clerk/managers stand or counter. Though the diagram shall be drawn to scale, it does not have to be professionally prepared.
(1) The Police Department, Building Inspector and Fire Department shall, upon receipt of a copy of the application, inspect the premises to ensure that the establishment complies with the city code including the applicable zoning ordinances, fire code, statutes, ordinances and regulation and the health code statutes, ordinances and regulations.
(2) The Police Department, Building Inspector and Fire Department shall complete their respective inspections and shall communicate the results of their respective inspections to the Board in writing within 30 days of receipt of the application. The writing shall end with one of the following statements:
(a) The location at City Hall complies with the relevant and applicable code sections and applicable rules and regulations of the Board; or
(b) The location at City Hall does not comply with the relevant and applicable code sections or does not comply with the relevant and applicable rules and regulations of the Board. It is in violation of the following provisions: section numbers of code violations.
(3) If the building/structure has a valid use and occupancy permit, the applicant shall provide the Board with a copy of the valid use and occupancy permit which shall be made part of the file.
(C) Board action on inspection results.
(1) Within 20 days of receiving the results of the investigation conducted by the Police Department, Codes Department, Fire Department and Health Department, the Board will meet and determine if the applicant is in compliance with the applicable statutes, ordinances and regulation. If the Board determines that the applicant is in compliance with the applicable statutes, ordinances and regulations, including, but not limited to, the Zoning Code, and the applicant has not committed any of the crimes listed herein, is at least 18 years of age, and has not given any false or misleading information on the application or omitted any material facts from the application, then the Board shall grant the license.
(2) Any applicant convicted of or who pleaded nolo contendere to any crime of rape, aggravated rape, aggravated sexual assault, statutory rape, rape of a child, sexual exploitation of a minor, indecent exposure, prostitution, patronizing prostitution, promoting prostitution, obscenity or other similar crime of a sexual nature, or any crime involving moral turpitude in any jurisdiction shall be ineligible to receive a permit for the time period described below. Such denial and the reason for the denial shall be mailed to the applicant within ten days of receiving the results of the investigation. The applicant may re-apply to the Board once the time period has expired.
(a) If the conviction or plea was for a misdemeanor violation, then the applicant shall be ineligible to receive a permit for two years from the date of the conviction, plea or release from confinement impose for the conviction, whichever is later.
(b) If the conviction or plea was for a felony violation, then the applicant shall be ineligible to receive a permit for five years from the date of the conviction, plea or release from confinement imposed for the conviction, whichever is later.
(c) The time is computed from the date of the application to the date of the conviction, plea or release from confinement based on the conviction.
(3) If it is determined by the Board, using the application and investigation information, that the applicant has violated the provisions of the Zoning Code applicable to adult entertainment with the past two years, then the applicant is ineligible for a license for one year from the date the citation was sustained. A violation of the Zoning Code shall be evidenced by a citation which has been sustained by the Municipal Court for the city.
(4) If, in the course of the investigation, it is discovered any false or misleading statement or information was given on the application, or material facts were omitted from the applicant, the Board shall deny the application. Moreover, the applicant shall be ineligible to receive a permit for one year from the date of the application which contained the misleading statements or omissions unless the omission or misleading statement referred to the age of the applicant.
(2011 Code, § 9-603)