(A) Sexually Oriented Business Operators License. The form and content of the Taylor Mill Sexually Oriented Business Operators License, and the application therefore shall be determined by the City Administrative Officer, but the application shall include, without limitation, sufficient information for the identification of the sexually oriented business and the location thereof, and the computation of the annual Taylor Mill occupational tax in regard thereto., and sufficient information and authorization for a determination by the city if the sexually oriented business which is the subject of the application and the premises thereof conform to all applicable laws, and shall include, without limitation, the following information:
(1) A description of the activities involved in the sexually oriented business, which is the subject of the application, including, without limitation:
(a) Any live nude entertainment activities; and
(b) Any activities within the definitions in this chapter for the words "ADULT ARCADE", "ADULT BOOKSTORE or ADULT VIDEO STORE", "ADULT CABARET", "ADULT MOTEL", "ADULT MOTION PICTURE THEATER", "ADULT THEATER", "PEEP BOOTH", "PRIVATE ROOM", "SEXUAL ENCOUNTER ESTABLISHMENT", "SEXUALLY ORIENTED BUSINESS".
(2) All applicants must be qualified according to the provisions of this chapter. The application may request and the applicant shall provide such information (including fingerprints) as to enable the city to determine whether the applicant meets the qualifications established in this chapter.
(3) If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 5% or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under§ 118.06 and each applicant shall be considered a licensee if a license is granted.
(4) The completed application for a sexually oriented business license shall contain the following information and shall be accompanied by the following documents:
(a) If the applicant is:
1. An individual, the individual shall state his/her legal name and any aliases and submit proof that he/she is at least 18 years of age, unless alcoholic beverages are sold or dispensed then the applicant must submit proof he/she is at least 21 years of age;
2. 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;
3. 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 stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.
(5) If the applicant intends to operate the sexually oriented business under a name other than that of the applicant; he or she must state:
(a) Any sexually oriented business's fictitious name; and
(b) Submit the required registration documents.
(6) Whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity as defined in this chapter, and, if so, the specified criminal activity involved, the date, place, and jurisdiction of each conviction.
(7) Whether the applicant, or any person residing with the applicant, has had a previous license under this ordinance or other similar sexually oriented business ordinances from another city or county denied, suspended or revoked, including the name and location of the sexually oriented 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 any person residing with the applicant has been a partner in a partnership or an officer, director or stockholder of a corporation that is licensed under this ordinance whose license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
(8) Whether the applicant or any person residing with the applicant holds any other licenses under this ordinance or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other licensed businesses.
(9) The type of sexually oriented business in which the applicant will be engaged.
(10) The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s), if any.
(11) The applicant's mailing address and residential address.
(12) A recent photograph of the applicant(s).
(13) The applicant's driver's license number, Social Security number, and/or his/her state or federally issued tax identification number.
(14) 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.
(15) A current certificate and straight-line drawing prepared within 30 days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within 1000 feet of the property to be certified; the property lines of any established religious institution/synagogue, school, or public park or recreation area within 1000 feet of the property to be licensed. For purposes of this chapter, a use shall be considered existing or established if it is in existence at the time an application is submitted.
(16) If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films video cassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in this chapter.
(B) Sexually Oriented Business Employees Licenses. The form and content of the Taylor Mill Sexually Oriented Business Employees License, and the application therefore, shall be determined by the City Administrative Officer; but shall include, without limitation:
(1) The applicant's name and any other name (including "stage" names) or aliases used by the individual;
(2) Age, date, and place of birth;
(3) Height, weight, hair and eye color;
(4) Present residence address and telephone number;
(5) Present business address and telephone number;
(6) Date, issuing state and number of driver's permit or other identification card information;
(7) Social Security number;
(8) Proof that the applicant is at least 18 years of age or at least 21 years of age if the individual will be present when live nude performances occur on the, premises or if alcoholic beverages are dispensed or sold on the premises.
(9) A color photograph of the applicant clearing showing the front and side views of the applicant's face; and the applicant's fingerprints on a form provided by the city.
(10) The sexually oriented business license history of the applicant for the five years immediately preceding the date of the application.
(11) A statement whether the applicant has been convicted of a specified criminal activity as defined in this chapter and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.
(12) A statement whether the applicant has been convicted of a specified criminal activity as defined in this chapter and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.
(C) The applicant has an affirmative duty to update information that is no longer accurate on the application. This includes a duty to include address changes and the like, and also includes a duty to inform the city if the applicant is ever convicted of a "specified criminal activity" subsequent to the application.
(Ord. 175 (6-27-01), passed 6-27-01)