A. It shall be unlawful:
1. For any person to operate a sexually oriented business without a valid sexually oriented business operator's license ("operator's license") issued by the chief of police pursuant to this chapter; or
2. For any person who operates a sexually oriented business to employ a person to work and/or perform services on the premises of the sexually oriented business, if such employee is not in possession of a valid sexually oriented business employee license ("employee license") issued to such employee by the chief of police pursuant to this chapter;
3. For any person to obtain employment with a sexually oriented business if such person is not in possession of a valid sexually oriented business employee license issued to such person by the chief of police pursuant to this chapter.
4. It shall be a defense to subsections A2 and A3 of this section if the employment is of limited duration and for the sole purpose of repair and/or maintenance of machinery, equipment or the premises.
Violations of any provision within this subsection A shall constitute a misdemeanor.
B. An application for a sexually oriented business operator's license must be made on a form provided by the city. The application must be accompanied by a sketch or a 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 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 (±6"). Prior to issuance of an operator's license, the premises must be inspected by the chief of police. Prior inspection by the chief of police or other public safety officer shall be required only when the provisions set forth in sections 4-4-17 and 4-4-18 of this chapter are applicable.
C. An application for a sexually oriented business employee license must be made on a form provided by the city.
D. All applicants for a license must be qualified according to the provisions of this chapter. The application may request, and the applicant shall provide, such information reasonably necessary (including fingerprints) to enable the city to determine whether the applicant meets the qualifications established in this chapter. The applicant has an affirmative duty to supplement an application with new information received subsequent to the date the application was deemed completed.
E. If a person who wishes to own or operate a sexually oriented business is an individual, he must sign the application for an operator's license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten percent (10%) or greater interest in the business must sign the application for an operator's license as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity that wishes to operate such a business, all corporate officers and directors must sign the application for an operator's license as applicant.
F. Applications for an operator's license, whether original or renewal, must be made to the chief of police by the intended operator of the enterprise. Applications must be submitted to the office of the chief of police or the chief of police's designee during regular working hours. Application forms shall be supplied by the chief of police. The following information shall be provided on the application form:
1. The name, street address (and mailing address if different) of the applicant(s);
2. A recent photograph of the applicant(s);
3. The applicant's driver's license number, social security number, and/or his/her state or federally issued tax identification number;
4. The name under which the establishment is to be operated and a general description of the services to be provided;
a. If the applicant intends to operate the sexually oriented business under a name other than that of the applicant; he or she must state: 1) the sexually oriented business' fictitious name and 2) submit the required registration documents;
5. Whether the applicant has been convicted or is awaiting trial on pending charges of a "specified criminal activity" as defined in section 4-4-2 of this chapter, and, if so, the "specified criminal activity" involved, the date, place and jurisdiction of each;
6. Whether the applicant has had a previous license under this chapter or other similar sexually oriented business ordinance from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the business license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant is or has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is or was licensed under a sexually oriented business ordinance whose business license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the business license was denied, suspended or revoked as well as the date of denial, suspension or revocation;
7. Whether the applicant holds any other licenses under this chapter or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other licensed businesses;
8. The single classification of a license, as found in section 4-4-3 of this chapter, for which the applicant is filing;
9. The telephone number of the establishment;
10. The address and legal description of the tract of land on which the establishment is to be located;
11. If the establishment is in operation, the date on which the owner(s) acquired the establishment for which the business license is sought, and the date on which the establishment began operations as a sexually oriented business at the location for which the business license is sought;
12. If the establishment is not in operation, the expected startup date (which shall be expressed in number of days from the date of issuance of the business license). If the expected startup date is to be more than ten (10) days following the date of issuance of the business license, then a detailed explanation of the construction, repair or remodeling work or other cause of the expected delay and a statement of the owner's time schedule and plan for accomplishing the same;
13. 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 one hundred fifty (150) square feet of floor space, films, videocassettes, 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 section 4-4-19 of this chapter.
G. Each application for an operator's license shall be accompanied by the following:
1. Payment of the application fee in full;
2. If the establishment is a state of Montana corporation, a certified copy of the articles of incorporation, together with all amendments thereto;
3. If the establishment is a foreign corporation, a certified copy of the certificate of authority to transact business in this state, together with all amendments thereto;
4. If the establishment is a limited partnership formed under the laws of the state of Montana, a certified copy of the certificate of limited partnership, together with all amendments thereto;
5. If the establishment is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto;
6. Proof of the current fee ownership of the tract of land on which the establishment is to be situated in the form of a copy of the recorded deed;
7. If the persons identified as the fee owner(s) of the tract of land in subsection G6 of this section is not also the owner of the sexually oriented business, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owner(s) or proposed owner(s) of the sexually oriented business to have or obtain the use and possession of the tract or portion thereof that is to be used for the sexually oriented business;
8. A current certificate and straight line drawing prepared within thirty (30) days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within four hundred fifty feet (450') of the property to be certified; and the property lines of any established religious institution/synagogue or school within four hundred fifty feet (450') of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted;
9. Any of subsections G2 through G8 of this section shall not be required for a renewal application if the applicant states that the documents previously furnished to the chief of police with the original application or previous renewals thereof remain correct and current.
H. Applications for an employee license to work and/or perform services in a sexually oriented business, whether original or renewal, must be made to the chief of police by the person to whom the employee license shall issue. Each application for an employee license shall be accompanied by payment of the application fee in full. Application forms shall be supplied by the chief of police. Applications must be submitted to the office of the chief of police or the chief of police's designee during regular working hours. Each applicant shall be required to give the following information on the application form:
1. The applicant's given name, and any other names by which the applicant is or has been known, including "stage" names and/or aliases;
2. Age, and date and place of birth;
3. Height, weight, hair color and eye color;
4. Present business address and telephone number;
5. Date, issuing state and number of photo driver's license, or other state issued identification card information;
6. Social security number; and
7. Proof that the individual is at least eighteen (18) years old.
The personal information provided in this subsection shall be confidential and shall not be disclosed to the public except to the extent required by state or federal law.
I. Attached to the application form for any license under this chapter shall be the following:
1. A color photograph of the applicant clearly showing the applicant's face and the applicant's fingerprints on a form provided by the police department. Any fees for the photographs and fingerprints shall be paid by the applicant.
2. A statement detailing the license history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant, in this or any other city, county, state or country, has ever had any license, permit or authorization to do business denied, revoked or suspended, or had any professional or vocational license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, state the name(s) under which the license was sought and/or issued, the name(s) of the issuing or denying jurisdiction and describe in full the reason(s) for the denial, revocation and suspension. A copy of any order of denial, revocation or suspension shall be attached to the application.
3. A statement whether the applicant has, within the past five (5) years, been convicted or is awaiting trial on pending charges, of a "specified criminal activity" as defined in section 4-4-2 of this chapter and, if so, the "specified criminal activity" involved, the date, place and jurisdiction of each.
J. Every application for a license under this chapter shall contain a statement under oath that:
1. The applicant has personal knowledge of the information contained in the application and that the information contained therein and furnished therewith is true and correct; and
2. The applicant has read the provisions of this chapter.
K. A separate application and operator's license shall be required for each sexually oriented business as set forth in section 4-4-3 of this chapter.
L. The fact that a person possesses other types of state or city permits and/or licenses does not exempt him/her from the requirement of obtaining a sexually oriented business operator or employee license. (Ord. 275-A-03-04, 12-9-2003)