Adult/sex oriented facilities and businesses shall conform to the following criteria:
A. Zone Permitted As Conditional Use: Adult/sex oriented facilities and businesses may be constructed or operated as conditional uses within any existing industrial zone district 1 .
B. Location To Similar Business: Adult/sex oriented facilities and businesses shall not be located within one thousand feet (1,000') of any other adult/sex oriented facility and business.
C. Location To Churches, Schools, Etc.: Adult/sex oriented facilities and businesses shall not be located within one thousand feet (1,000') of a church, public park or public or private school accredited by the State, public libraries, public buildings, public or private recreation facilities and daycare centers, or within five hundred feet (500') of any residential zone district, including SPAs where there are residential uses.
D. Information Required: All applicants for a conditional use must provide the following information, in addition to any other requirements required under this code:
1. The correct legal name of each applicant, corporation, partnership, limited partnership or entity doing business under an assumed name who is making application for a conditional use permit hereunder.
a. If the applicant is a corporation, partnership or limited partnership or individual or entity doing business under an assumed name, the information required below shall be submitted for each partner and each principal of an applicant and for each officer or director. 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 provision.
b. 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 checks for such corporation, partnership or noncorporate entity.
2. All applicants must provide any other names or aliases used by that individual, present business address and telephone number, present mailing, as well as physical, residential addresses and telephone number, Utah driver's license or identification number and social security number, with appropriate proof that the individual is at least twenty one (21) years of age. Where an applicant is a nonresident of the state, that applicant must provide an agent resident within the state to act on its behalf.
3. The applicant's fingerprints on a form provided by the county sheriff's department. For persons not residing in the county, the fingerprints shall be on a form from the law enforcement jurisdiction where the person resides. Fees for fingerprints shall be paid by the applicant directly to the issuing agency.
4. 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 possesses or previously possessed any liquor licenses. The statement shall list all other jurisdictions in which the applicant owned or operated an adult/sex oriented facility or business. The statement shall also state whether the applicant has ever had a license, permit or authorization to do business denied, revoked or suspended in this or any other county, city, state or territory. In the event of any such denial, revocation or suspension, state the date, the name of the issuing or denying jurisdiction and state in full the reasons for the denial, revocation or suspension. A copy of any order of denial, revocation or suspension shall be attached to the application for a conditional use permit.
5. In the event the applicant is not the owner of record of the real property upon which the business or proposed business is to be located, the application must be accompanied by a notarized statement from the legal or equitable owner of 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 a copy of the lease or rental agreement pertaining to the premises in which the service is or will be located.
6. 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 adult/sex oriented facility or business intends to operate. This description shall also include:
a. The hours that the business or service will be open to the public and the methods of promoting the health and safety of employees and patrons and preventing them from engaging in illegal activity;
b. The methods of supervision preventing the employees from engaging in acts of prostitution or other related criminal activities;
c. The methods of supervising employees and patrons to prevent employees and patrons from charging or receiving fees for services or acts prohibited by other statutes and ordinances; and
d. The methods of screening employees and customers in order to promote the health and safety of employees and customers and prevent the transmission of disease, and prevent the commission of acts of prostitution or other criminal activity.
7. 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 entity subject to disclosure hereunder 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, plea, and sentence or other disposition; identifying the convicting jurisdiction and sentencing court and providing the court identifying case numbers or docket numbers. Application for a conditional use permit for an adult/sex oriented facility or business shall constitute a waiver of disclosure of any criminal conviction or plea of nolo contendere for the purpose of any proceeding to grant a permit for such business.
E. Disqualification: No applicant who has been convicted or pled nolo contendere to a crime involving prostitution, exploitation of prostitution, solicitation of sex acts, sex acts for hire, compelling prostitution, aiding prostitution, sale, distribution or display of material harmful to minors, sexual performance by minors, possession of child pornography, lewdness, indecent exposure, any crime involving sexual abuse or exploitation of a child, sexual assault or aggravated sexual assault, rape, forcible sodomy, forcible sexual abuse, incest, harboring a runaway child, felony drug distribution, criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses or offenses involving similar elements from any jurisdiction, regardless of the exact title of the offense for which less than two (2) years have lapsed from the date of conviction, if the conviction is of a misdemeanor offense, or less than five (5) years if the convictions are of two (2) or more misdemeanors within the previous five (5) years, or if less than five (5) years have elapsed from the date of conviction when the offense is a felony, shall be entitled to receive a conditional use permit to operate an adult/sex oriented facility or business in the county. The fact that a conviction is being appealed shall have no effect on the disqualification provided for in this subsection. (Ord. 710, 12-17-2008, eff. 1-1-2009)
Notes
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