A. It shall be unlawful for any person to operate an adult use without a valid adult use business license issued by the city pursuant to this chapter; or to employ a person who is not licensed as an adult use employee as provided by subsection B of this section or who is not authorized to work or perform services pursuant to subsection C of this section.
B. Except as provided in subsection C of this section, it shall be unlawful for any person to be an employee of a sexually oriented business without a valid license. The provisions of this subsection shall not apply to an employee of an adult bookstore, unless such bookstore is operated in combination with one or more of the following businesses as defined herein: "adult entertainment cabaret", "adult motion picture theater" and "adult novelty store".
C. An applicant, upon receipt by the city clerk of his or her application for a sexually oriented business employee license, may work or perform services without an employee license until such time as the license is granted or the decision to deny the license becomes final pursuant to section 3-14-11 of this chapter. Upon receipt of the applicant's completed application for an employee license, the city clerk shall issue the applicant a temporary work permit. The applicant shall keep the temporary work permit on his or her person or on the premises where the applicant is then working or performing services, and produce such permit for inspection upon request by a law enforcement officer or other authorized city official.
D. 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 is needed to enable the city to determine whether the applicant meets the qualifications established in this chapter.
E. An applicant for a sexually oriented business license or a sexually oriented business employee license shall file in person at the office of the city clerk an application made on a form prescribed and provided by the city. The applicant must be determined to be qualified according to the provisions of this chapter. The application shall be signed under oath by the applicant and notarized. If a person who wishes to operate an adult use is an individual, the person must sign the application for a license as applicant, and must file the application in person at the city clerk's office. If the applicant is a club, consisting of private or public membership, then such entity must also be licensed under this chapter. If a person who wishes to operate an adult use is other than an individual or club, each individual who has a twenty percent (20%) or greater interest in the business, including corporations, must sign the application for a license as applicant. Each applicant must be qualified under the following section and each applicant shall be considered a licensee if the license is granted.
F. The completed application for an adult use business license shall include, but not be limited to, the following information:
1. If the applicant is an individual, the individual shall state his/her legal name and any other names used in the last five (5) years, submit proof that he/she is eighteen (18) years of age, and the current residential mailing address and telephone number.
2. If the applicant is a club, consisting of private or public membership, a copy of the bylaws of the club must be submitted with the application. In addition, a sworn statement as to the purposes, general activities and requirement for a club membership must be submitted.
3. 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.
4. A corporation, the corporation shall state its complete name, the date of incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the names and capacities of all officers, directors and principal shareholders (those with a 20 percent or more stake), and the name and address of the registered corporate agent.
5. The adult use name, business location, business mailing address and telephone number.
6. If the applicant intends to operate the adult use business under a name other than that of the application, he/she must state: a) the business' fictitious name and b) submit any required registration documents.
7. Whether the applicant has been convicted of any "specified criminal activity" as defined in this chapter, and if so, the specified criminal activity involved, the date, place and jurisdiction of each.
8. A photograph of the applicant and two (2) sets of the applicant's complete fingerprints. The photograph and fingerprints, if not taken at the office of the city's chief of police, shall be taken within the preceding one month by a law enforcement agency and accompanied by a notarized verification by that agency.
9. Whether the applicant has had a previous license under this chapter or similar laws or ordinances in another jurisdiction denied, suspended or revoked, including the name and location of the business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation. If the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is or was licensed under this chapter or similar laws or ordinances in another jurisdiction and a license has previously been denied, suspended or revoked, include the name and location of the business for which the permit was denied, suspended or revoked, as well as the date of denial, suspension or revocation.
10. Whether the applicant holds any other licenses under this chapter or other similar laws or ordinances in another jurisdiction and if so, the names and locations of such other licensed businesses.
11. A sketch or diagram showing the configuration of the premises, including a statement of total floor area occupied by the business. This 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.
G. The information provided pursuant to subsections F1 through F11 of this section shall be supplemented in writing by certified mail, return receipt requested, to the city clerk within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete.
H. The information provided by an applicant in connection with the application for a license under this chapter shall be maintained by the city clerk on a confidential basis, except that such information may be disclosed to other governmental agencies in connection with a law enforcement or public safety function or pursuant to any requirement under the Illinois freedom of information act. (Ord. 3205, 11-15-2004)