(A) It is unlawful:
(1) For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the village pursuant to this chapter;
(2) For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the village pursuant to this chapter; and
(3) For any person to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this chapter.
(B) An application for a license must be made on a form provided by the village.
(C) All applicants must be qualified according to the provisions of this chapter. An application shall be considered complete when it contains, for each person required to sign the application, the information and/or items required in division (E) below, accompanied by the appropriate licensing fee.
(D) 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 30% or greater interest in the business 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 a license is granted.
(E) The completed application for a sexually oriented business license shall contain the following information and shall be accompanied by the following documents:
(1) If the applicant is:
(a) An individual, the individual shall state his or her legal name and any aliases and submit proof that he or she is 18 years of age;
(b) A partnership, the partnership shall state its complete name and the names of all general partners and whether the partnership is general or limited; and
(c) A corporation, the corporation shall state its complete name, the date of its incorporation, the names and capacity of all officers, directors and stockholders with at least 30% ownership interest in the corporation, and the name of the registered corporate agent and the address of the registered office for service of process;
(2) If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must state the sexually oriented business’s fictitious name;
(3) Whether the applicant has been convicted of a specific criminal activity as defined in this chapter, and, if so, the specified criminal activity involved, the date, place and jurisdiction of each;
(4) Whether the applicant has had a previous license under this chapter or other similar sexually oriented business ordinances from another municipality 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 has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this chapter 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;
(5) Whether the applicant holds any other licenses under this chapter or other similar sexually oriented business ordinance from another municipality or county and, if so, the names and locations of such other licensed businesses;
(6) The category of sexually oriented business that the applicant intends to engage in at the licensed premises;
(7) The location of the proposed sexually oriented business, including a legal description of the property, street address and telephone number(s), if any;
(8) The applicant’s business address or other mailing address;
(9) A recent photograph of the applicant(s);
(10) The applicant’s driver’s license number and/or his or her state or federally issued tax identification number;
(11) 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;
(12) 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 of any land use identified in § 110.35 of this chapter that is within 200 feet of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is legally in existence at the time an application is submitted; and
(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 150 square feet of floor space, films, videos cassettes, other video reproductions or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall also comply with the application requirements set forth in § 110.37.
(F) Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit on a form to be provided by the village the following information:
(1) The applicant’s name or any other name (including “stage” names) or aliases used by the individual;
(2) Written proof of age, in the form of a driver’s license or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency;
(3) Height, weight, hair and eye color;
(4) Present business telephone number, if any;
(5) Present business address or other mailing address;
(6) Date, issuing state and number of driver’s permit or other identification card information;
(7) 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. The Police Department shall provide fingerprinting service upon request for a nominal fee during business hours;
(8) A statement detailing the license history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate, in this or any other municipality, county or state has ever had a 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, the name of the issuing or denying jurisdiction and describe in full the reason for the denial, revocation or suspension. A copy of any order of denial, revocation or suspension shall be attached to the application; and
(9) 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.
(Ord. 185, passed 11-11-2009) Penalty, see § 110.99