(A) No person shall operate an adult establishment, either as a principal or accessory use, as herein defined, unless the person shall have first applied for and received the privilege license provided by this section.
(B) Every application for the privilege license prescribed herein shall be upon a form approved by the Town Council, and shall be filed with the Town Clerk. Every application shall be made under oath and shall contain the following information:
(1) If the applicant is a person, the name and residence address of the person. If the applicant is a partnership, corporation or association, the registered name of the agent and the address of the registered office and the name and residence address of all persons having any legal or beneficial interest in the applicant;
(2) The address of the premises where the adult establishment business shall be located;
(3) A complete statement of all convictions of any person whose name is required to be given in subdivision (1) above for any felony, prostitution or any violation of the law relative to prostitution;
(4) A complete statement of any revocation by any governmental unit, of any license to operate an adult establishment held by any person whose name is required to be given in subdivision (1) above;
(5) A complete statement of any conviction of any person whose name is required to be given in subdivision (1) above for violation of any statute, law, ordinance or regulation of any government concerning the operation of an adult establishment;
(6) The name and address of any adult establishment or other establishment owned or operated by any person whose name is required to be given in subdivision (1) above, wherein the business of adult establishment is carried on; and
(7) A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant.
(C) The Town Clerk shall transmit a copy of the application to the County Sheriff's Department for an investigative report and to determine compliance with any law relating to fire protection; and to the Town Zoning Enforcement Officer to determine compliance with all zoning and building regulations and ordinances.
(D) An application in proper form shall be submitted to the Town Council, which shall approve the application if the Town Council determines that;
(1) The application contains no misstatement of fact;
(2) The applicant, or any person having any legal or beneficial ownership interest in the applicant, has not been convicted of any crime involving sexual misconduct, including but not limited to G.S. §§ 14-177 et seq. (offenses against public morality and decency) and G.S. §§ 14-203 to 14-208 (prostitution), or of any violation of any federal statute relating to prostitution, or of any violation of any law or ordinance of any governmental unit concerning or related to the business of adult establishment;
(3) The applicant conforms to all requirements of applicable zoning, building and fire prevention codes; and
(4) The applicant or any person having a legal or beneficial ownership interest in the applicant has not, for the three-year period preceding the application, had a previously issued license for engaging in the business of adult establishment revoked.
(E) Upon approval of the application by the Town Council, and upon receipt of a $300 license fee, the Tax Collector shall issue a privilege license to the applicant.
(F) A license issued pursuant to this section shall be revoked by action of the Town Council if the Council determines that:
(1) The licensee has violated any provisions of chapter;
(2) The licensee, or any agent of the licensee, employs or permits to be on the premises of the applicant's business any person practicing the business or profession of adult live entertainment who has not been issued a privilege license required by § 111.04, or whose license under that section has been revoked.
(3) The licensee, or the legal or beneficial owner of any interest in the licensee, is convicted of any crime involving sexual misconduct including, but not limited to, G.S. §§ 14-177 to 14-202.1 (offenses against public morality and decency), and G.S. §§ 14-203 to 14-208 (prostitution); or
(4) The licensee violates any zoning, building or fire prevention ordinance.
(G) A license issued pursuant to this chapter is void if the licensee moves or ceases operating an adult establishment at the location required to be stated in the application for license pursuant to division (B)(2) above.
(Ord. passed 1-4-99) Penalty, see § 10.99