(A) Adult entertainment establishment license.
(1) Required information:
(a) All applications for an adult entertainment establishment license shall be submitted to the City Recorder in the name of the person or entity proposing to conduct the adult entertainment establishment on the business premises and shall be signed by the person or his or her agent and notarized or certified as true under penalty of perjury.
(b) All applications shall be submitted on a form supplied by the city, which shall require the following information:
1. The name of the applicant, location and doing-business-as name of the proposed adult entertainment establishment, including a legal description of the property, street address and telephone number, together with the name and address of each owner and lessee of the property;
2. For the applicant and for each applicant control person, provide: names; any aliases or previous names; driver’s license number, if any; Social Security number, if any; and business, mailing and residential address, and business telephone number;
3. If the applicant is a partnership, whether general or limited; and if a corporation, date and place of incorporation, evidence that it is in good standing under the laws of this state, and name and address of any registered agent for service of process;
4. For the applicant and each applicant control person, list any other licenses currently held for similar adult entertainment or sexually oriented businesses, including motion picture theaters and panoramas, whether from the city or another city, county, state and, if so, the names and addresses of each other licensed business;
5. For the applicant and each applicant control person, list prior licenses held for similar adult entertainment or other sexually oriented businesses, whether from the city or from another city, county or state, providing names, addresses and dates of operation for the businesses, and whether any business license or adult entertainment license has been revoked or suspended, and the reason therefor;
6. For the applicant and all applicant control persons, any and all criminal convictions or forfeitures within five years immediately preceding the date of the application, other than parking offenses or minor traffic infractions including the dates of conviction, nature of the crime, name and location of court and disposition;
7. For the applicant and all applicant control persons, a description of business, occupation or employment history for the three years immediately preceding the date of the application;
8. Authorization for the city, its agents and employees to seek information to confirm any statements set forth in the application;
9. Two two-inch by two-inch photographs of the applicant and applicant control persons, taken within six months of the date of application showing only the full face;
10. For the applicant or each applicant control person, a complete set of fingerprints prepared at the City Police Department on forms provided by the Department; and
11. A scale drawing or diagram showing the configuration of the premises for the proposed adult entertainment establishment, including a statement of the total floor space occupied by the business, and marked dimensions of the interior of the premises. Performance areas, seating areas, manager’s office and stations, restrooms and service areas shall be clearly marked on the drawing. An application for a license for an adult entertainment establishment shall include building plans which demonstrate conformance with this chapter.
(2) The application must demonstrate compliance with the provisions of the city’s zoning code concerning allowable locations for adult entertainment establishments.
(3) An application shall be deemed complete upon the applicant’s provision of all information requested above, including identification of “none” where that is the correct response, and the applicant’s verification that the application is complete. The City Recorder may request other information or clarification in addition to that provided in a complete application, where necessary to determine compliance with this chapter.
(4) A nonrefundable application fee in the amount of $65 must be paid at the time of filing an application, in order to defray the costs of processing the application.
(5) Each applicant shall verify, under penalty of perjury, that the information contained in the application is true.
(6) If any person or entity acquires, subsequent to the issuance of an adult entertainment establishment license, a significant interest based on responsibility for management or operation of the licensed premises or the licensed business, notice of the acquisition shall be provided in writing to the City Recorder, no later than 21 days following the acquisition. The notice to the City Recorder shall include the same information required for an initial adult entertainment establishment license application.
(7) The adult entertainment establishment license, if granted, shall state on its face the name of the person or persons to whom it is issued, the expiration date, the doing-business-as name and the address of the licensed establishment. The license shall be posted in a conspicuous place at or near the entrance to the adult entertainment establishment so that it can be easily read at any time the business is open.
(8) No person granted an adult entertainment establishment license pursuant to this chapter shall operate the establishment under a name not specified on the license, nor shall any person operate the establishment at any location not specified on the license.
(9) Upon receipt of the complete application and the nonrefundable application fee, the City Recorder shall provide copies to the Police, Fire and Community Development Departments for their investigation and review to determine compliance of the proposed adult entertainment establishment with the laws and regulations which each department administers. Each department shall, within 25 days of the date of the application, inspect the application and premises and shall make a written report to the City Recorder whether the application and premises complies with the laws administered by each department.
(a) No license may be issued unless each department reports that the application and premises comply with the relevant laws. In the event the premises is not yet constructed, the departments shall base their recommendation as to premises compliance on their review of the drawings submitted in the application.
(b) Any adult entertainment establishment license approved prior to the premises construction shall contain a condition that the premises may be open for business until the premises have been inspected and determined to be in substantial conformance with the drawings submitted with the application.
(c) A department shall recommend denial of a license under this division (A)(9) if it finds that the proposed adult entertainment establishment is not in conformance with the requirements of this chapter or other law in effect in the city.
(d) A recommendation for denial shall cite the specific reason therefor, including applicable laws.
(10) An adult entertainment establishment license shall be issued by the City Recorder within 30 days of the date of filing a complete license application and nonrefundable application fee, unless the City Recorder determines that the applicant has failed to meet any of the requirements of this chapter or provide any information required under this division (A)(10), or that the applicant has made a false, misleading or fraudulent statement of material fact on the application for a license.
(a) The City Recorder shall notify the applicant within five working days of application submittal if the application is incomplete, and shall grant an applicant’s request for a reasonable extension of time in which to provide all information required for a complete license application.
(b) If the City Recorder finds that the applicant has failed to meet any of the requirements for issuance of an adult entertainment establishment license, the City Recorder shall deny the application in writing and shall cite the specific reasons therefor, including applicable law.
(c) If the City Recorder fails to issue or deny the license within 30 days of the date of filing of a complete application and fee, the applicant shall be permitted, subject to all other applicable laws, to operate the business for which the license was sought until notification by the City Recorder that the license has been denied, but in no event may the City Recorder extend the application review time for more than an additional 20 days.
(B) Application for manager or entertainer license.
(1) Required information: no person shall work as a manager/assistant manager or entertainer at an adult entertainment establishment without an adult entertainment manager or entertainer license from the city.
(a) All applications for a manager’s or entertainer’s license shall be signed by the applicant and notarized or certified to be true under penalty of perjury.
(b) All applications shall be submitted on a form supplied by the city, which shall require the following information:
1. The applicant’s name, home address, home telephone number, date and place of birth, fingerprints taken by County Sheriff, Social Security number and any stage names or nicknames used in entertaining;
2. The name and address of each business at which the applicant intends to work;
3. Documentation that the applicant has attained the age of 18 years. Any two of the following shall be accepted as documentation of age:
a. A motor vehicle operator’s license issued by any state bearing the applicant’s photograph and date of birth;
b. A state-issued identification card bearing the applicant’s photograph and date of birth;
c. An official passport issued by the United States;
d. An immigration card issued by the United States; and/or
e. Any other identification that the city determines to be acceptable.
4. A complete statement of all convictions of the applicant for any misdemeanor or felony violations in this or any other city, county or state within five years immediately preceding the date of the application, except parking violations or minor traffic infractions;
5. A description of the applicant’s principal activities or services to be rendered;
6. Two two-inch by two-inch photographs of the applicant, taken within six months of the date of application showing only the full face; and
7. Authorization for the city, its agents and employees to investigate and confirm any statements set forth in the application.
(2) The City Recorder may request additional information or clarification when necessary to determine compliance with this chapter.
(3) (a) A manager’s or an entertainer’s license shall be issued by the City Recorder within 14 days from the date the complete application and fee are received unless the City Recorder determines that the applicant has failed to provide any information required to be supplied according to this chapter, has made any false, misleading or fraudulent statement of material fact in the application, or has failed to meet any of the requirements for issuance of a license under this chapter.
(b) If the City Recorder determines that the applicant has failed to qualify for the license applied for, the City Recorder shall deny the application in writing and shall cite the specific reasons therefor, including applicable laws. If the City Recorder has failed to approve or deny an application for a manager’s license within 14 days of filing of a complete application, the applicant may, subject to all other applicable laws, commence work as a manager in a duly licensed adult entertainment establishment until notified by the City Recorder that the license has been denied, but in no event may the City Recorder extend the application review time for more than an additional 20 days.
(4) (a) Every adult entertainer shall provide his or her license to the adult entertainment establishment manager on duty on the premises prior to his or her performance.
(b) The manager shall retain the licenses of the adult entertainers readily available for inspection by the city at any time during business hours of the adult entertainment establishment.
(5) An applicant for an adult entertainer’s license shall be issued a temporary license upon receipt of a complete license application and fee. The temporary license will automatically expire on the fourteenth day following the filing of the complete application and fee, unless the City Recorder has failed to approve or deny the license application, in which case the temporary license shall be valid until the City Recorder approves or denies the application, or until the final determination of any appeal from a denial of the application. In no event may the City Recorder extend the application review time for more than an additional 20 days.
(Prior Code, § 112.44) (Ord. 1145, passed 5-20-1996)