(A) All establishments, including any business operating at the time this chapter becomes effective, operating or intending to operate a sexually-oriented business, shall apply for and obtain a license from the city. A person is in violation of this chapter if he or she or she operates a sexually-oriented business without a valid license issued by the city.
(B) An application for a license must be made on a form provided by the city.
(C) 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 city to determine whether the applicant(s) meet the qualifications established in this chapter.
(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 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 applicant. Each applicant must be qualified under the following provisions 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 and dates of birth of all partners whether the partnership is general or limited, and a true copy of the partnership agreement; or
(c) A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the state of incorporation, the names, dates of birth, and capacities of all officers, directors, and principal stockholders, and the name and date of birth of the registered corporate agent(s), manager(s), proprietor(s), or other agent(s) in charge of the business and the address of the registered office for service of process.
(2) The name of the owner of the property where the sexually-oriented business is to be located, if a corporation then the names of the principal owners of the corporation;
(3) The type, name, and location of every business or occupation in which the applicant has been engaged during the preceding two years and the name(s) and address(es) of the applicant’s employer(s) and partner(s), if any, for the preceding two years;
(4) 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’s fictitious name; and
(b) Submit the required registration documents.
(5) 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;
(6) Whether the applicant, or a person residing with the applicant has had a previous license under this chapter or other similar sexually-oriented business ordinances from another city, county, or state 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, 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;
(7) 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, county, or state and, if so, the names and locations of such other licensed businesses;
(8) The location of the proposed sexually-oriented business, including a legal description of the property, street address, and telephone, if any;
(9) The applicant’s mailing address, residential address, and phone number;
(10) The applicant’s driver’s license number, Social Security 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 straight-line drawing prepared within 30 days prior to application depicting the property lines and the structures containing any existing sexually-oriented businesses within 1,500 feet of the property to be licensed; the property lines of any established religious institution, school, or public park or recreation area within 1,500 feet of the property to be licensed. For purposes of this chapter, 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 Council for accuracy. In the event of a dispute between the applicant and the city as to the accuracy of the drawing, the city may order the applicant to provide a drawing with the information required under this division (E)(12) prepared by a registered land surveyor;
(13) Copy of lease and all financing documents, all business related contracts for supply of material and consulting management;
(14) The name, address, and phone number of two persons who shall be residents of the state, and who may be called upon to attest to the applicant’s character;
(15) Every application for a sexually-oriented business license (whether for a new license or for renewal of an existing license) shall be accompanied by a non-refundable application and investigation fee which shall be set by Council resolution and amended from time to time; and
(16) All license applications and fees shall be submitted to the City Administrator.
(2006 Code, § 6.33) (Ord. 148, 3rd Series, passed 10-24-2003) Penalty, see § 115.99