(a) License required. 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) Application form. An application for a license must be made on a form provided by the village.
(c) Qualifications information. 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 village to determine whether the applicant meets the qualifications established by this chapter.
(d) Application signatories. If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as an applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 20% or greater interest in the business must sign the application for a license as an applicant. Each applicant must be qualified under the following section, and each applicant shall be considered a licensee if a license is granted.
(e) Required application information and documents. The completed application for a sexually oriented business 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 partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any; or
c. A corporation, the corporation shall state its complete name, and date of its incorporation, evidence that the corporation is in good standing under the laws of the state of its incorporation, the names and capacity of all officers, directors, and principal stockholders, 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:
a. The sexually oriented business’ fictitious name; and
b. Submit the required registration documents.
(3) 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.
(4) Whether the applicant, or a person residing with the applicant, has had a previous license under this chapter or other sexually oriented business ordinances from another city, village, township, 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 a person residing with 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 or a person residing with 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.
(6) The single classification of license for which the applicant is filing.
(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 mailing address and residential address.
(9) A recent photograph of the applicant(s).
(10) The applicant’s drivers license 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 straight-line drawing prepared within 30 days prior to application depicting the property lines and the structures containing any existing sexually oriented business or activities within any areas where such businesses are prohibited or restricted by § 13-1-52. 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. The drawing shall be reviewed by the Village Administrator, Clerk, or highest elected official, as appropriate, for accuracy. In the event of a dispute between the applicant and the village as to the accuracy of the drawing, the Village Administrator, Clerk, or highest elected official, as appropriate, may order the applicant to provide a drawing with the information required under this subsection (e) prepared by a registered land surveyor.
(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, 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 for in this section.
(f) Required information. 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) 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; and
(7) Proof that the individual is at least 18 years of age.
(g) Application attachments. Attached to the application form for a sexually oriented business employee license as provided in subsection (e) above, 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 at the time of application.
(2) 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 county, city, state, or country 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 described 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.
(3) 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.
(h) Access to application materials. Any and all papers filed to obtain a license under this chapter shall be kept in a separate and locked section of the village files. The only persons to whom access of these records is allowed is the Village Administrator, Clerk, or highest elected official, as appropriate, and any member of the Village Police Department to whom the job of checking for compliance under § 7-11-5 or investigating possible violations of this chapter is assigned. Any other individual who seeks or gains access to any papers filed to obtain a license under this chapter shall be charged with a violation of this chapter and subject to the penalties provided in § 7-11-21.
(Prior Code, § 7-11-4)