Before any applicant may be licensed to operate a sexually oriented business or as a sexually oriented business employee pursuant to this chapter, the applicant shall submit, in writing, on a form to be supplied by the Town Clerk, the following: (Ord. 93-1, 5-17-1993; amd. 2017 Code)
A. Name: The correct legal name of each applicant, corporation, partnership, limited partnership or entity doing business under an assumed name;
B. Partners, Principals: If the applicant is a corporation, partnership or limited partnership, or individual or entity doing business under an assumed name, the information required below for individual applicants shall be submitted for each partner and each principal of an applicant and for each officer and director. If the sexually oriented business application is for outcall services, the applicant, in addition of the above, must also submit the required information for any shareholder (corporate or personal) of more than ten percent (10%) of the stock of any applicant. Any holding company or any entity holding more than ten percent (10%) of an applicant shall be considered an applicant for purposes of disclosure under this chapter;
C. Authorized Individuals: All corporations, partnerships or noncorporate entities included on the application shall also identify each individual authorized by the corporation, partnership or noncorporate entity to sign the checks for such corporation, partnership or noncorporate entity;
D. Individuals: For all applicants or individuals, the application must also state:
1. Any other names or aliases used by the individual;
2. The age, date and place of birth;
3. Height;
4. Weight;
5. Color of hair;
6. Color of eyes;
7. Present business address and telephone number;
8. Present residence and telephone number; (Ord. 93-1, 5-17-1993)
9. Driver's license or identification number; and (Ord. 93-1, 5-17-1993; amd. 2017 Code)
10. Social security number;
E. Age Verification: Acceptable written proof that any individual is at least eighteen (18) years of age or, in the case of employees to be employed in businesses where a different age is required, proof of the required age;
F. Photographs, Fingerprints: Attached to the form as provided above, two (2) color photographs of the applicant clearly showing the individual's face, and the individual's fingerprints on a form provided by the Chief of Police. For persons not residing in the Town, the photographs and fingerprints shall be on a form from the law enforcement jurisdiction where the person resides. Fees for the photographs and fingerprints shall be paid by the applicant directly to the issuing agency; (Ord. 93-1, 5-17-1993)
G. Health Certificate: For any individual applicant required to obtain a sexually oriented business employee license for outcall services as a model, dancer or other similar employee or escort, or as a nude or seminude entertainer employed by a nude entertainment business, a certificate from the County Health Department stating that the individual has, within thirty (30) days immediately preceding the date of the application, been examined and found to be free of the following contagious diseases: gonorrhea, syphilis and chlamydia, and is negative for the AIDS antibody. Said certificate shall be updated quarterly during the license term by the applicant and submitted to the Town Clerk. Said certificate shall also be required for the renewal of such license; (Ord. 93-1, 5-17-1993; amd. 2017 Code)
H. Applicant History: A statement of the business, occupation or employment history of the applicant for five (5) years immediately preceding the date of the filing of the application;
I. License, Permit History: A statement detailing the license or permit history of the applicant for the five (5) year period immediately preceding the date of the filing of the application, including whether such applicant previously operating or seeking to operate in this or any other County, City, State or territory has ever had a license, permit or authorization to do business denied, revoked or suspended, or has had any professional or vocational license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, state the date and the name of the acting jurisdiction, and state in full the reasons for the denial, revocation or suspension, which shall be attached to the application;
J. Criminal Records: All criminal convictions or pleas of nolo contendere, except those which have been expunged, and the disposition of all such arrests for the applicant, individual or other entity subject to disclosure under this chapter, for five (5) years prior to the date of the application. This disclosure shall include identification of all ordinance violations, excepting minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature of each conviction or plea of nolo contendere and sentence of each conviction or other disposition, identifying the convicting jurisdiction and sentencing court and providing the court identifying case numbers or docket numbers. Application for a sexually oriented business or employee license shall constitute a waiver of disclosure of any criminal conviction or plea of nolo contendere for the purposes of any proceeding involving the business or employee license;
K. Property Owner Approval: In the event the applicant is not the owner of record of the real property upon which the business or proposed business is or is to be located, the application must be accompanied by a notarized statement from the legal or equitable owner of the possessory interest in the property specifically acknowledging the type of business for which the applicant seeks a license for the property. In addition to furnishing such notarized statement, the applicant shall furnish the name, address and phone number of the owner of record of the property, as well as the copy of the lease or rental agreement pertaining to the premises in which the service is or will be located;
L. Description Of Services: A description of the services to be provided by the business, with sufficient detail to allow reviewing authorities to determine what business will be transacted on the premises, together with a schedule of usual fees for services to be charged by the licensee, and any rules, regulations or employment guidelines under or by which the business intends to operate. This description shall also include:
1. The hours that the business or service will be open to the public, and the methods of promoting the health and safety of the employees and patrons and preventing them from engaging in illegal activity;
2. The methods of supervision preventing the employees from engaging in acts of prostitution or other related criminal activities;
3. The methods of supervising employees and patrons to prevent employees and patrons from charging or receiving fees for services or acts prohibited by this chapter or other statutes or ordinances;
4. The methods of screening employees and customers in order to promote the health and safety of employees and customers, prevent the transmission of disease and prevent the commission of acts of prostitution or other criminal activity. (Ord. 93-1, 5-17-1993)