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(a) An application for a sexually oriented business employee license shall be submitted to the Building Department on a form provided by the Building Department. The application may request and the applicant shall provide such information as reasonably necessary (including fingerprints) to enable the Village to determine whether the applicant meets the qualifications established in this chapter.
(b) An application for a sexually oriented business employee license shall be completed according to the instructions on the application form, which shall require the following:
(1) State the applicant's name and any other names (including "stage" names) or aliases used by the applicant.
(2) State the applicant's date and place of birth.
(3) State the applicant's height, weight and hair and eye color.
(4) Submit a recent photograph of. the applicant, taken by the Police Department, which clearly shows the applicant's face.
(5) Submit the applicant's fingerprints, recorded by the Police Department.
(6) Describe and identify the location of any tattoos on the applicant's face, arms, legs or hands, or any other anatomical area that normally would be visible when the applicant is on the premises of the proposed sexually oriented business.
(7) State the applicant's present residence address and telephone number.
(8) State the applicant's present or intended business address and telephone number.
(9) State the applicant's driver's license number and Social Security number.
(10) Submit proof that the applicant is at least 18 years old.
(11) Provide a statement detailing the sexually oriented business-related 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 a sexually oriented business, or adult motel, in this or any other jurisdiction, and whether the applicant has ever had a sexually oriented business-related license, permit, or authorization to do business denied, revoked or suspended. In the event of any such denial, revocation or suspension, state the name of the issuing or denying jurisdiction and describe in full the reason for the denial, revocation, or suspension. Attach a copy of any order of denial, revocation or suspension.
(12) State whether the applicant has been convicted of a specified criminal activity as defined in Section 860.02 of this chapter and, if so, the specified criminal activity and the date, place and jurisdiction of.
(Ord. 2004-33. Passed 11-2-04.)
(a) Upon the filing of a completed application for a sexually oriented business employee license, the Building Department shall issue a temporary license to said applicant immediately.
(b) Within five days of receipt of a completed application for a sexually oriented business employee license, the Building Department shall request that the Police Chief initiate an investigation of the information provided in the application concerning the criminal background of the applicant. The Police Chief shall document the results of his investigation in writing within five days of the completion of his investigation.
(c) Within ten days after completion of the Police Chief's investigation of the criminal background of the applicant, the Building Department upon review of such information with the Solicitor, shall approve or deny the issuance of the license. The Building Department shall approve the issuance of the license to an applicant unless he determines that one or more of the following findings is true:
(1) The applicant has failed to provide all information and documents required for issuance of the license as requested on the application form, or has provided information or documents as requested on the application that are insufficient on their face.
(2) The applicant is under 18 years of age.
(3) The applicant has been convicted of a specified criminal activity as defined in Section 860.02 of this chapter.
(4) The sexually oriented business employee license is to be used for employment in a business prohibited by local, State or Federal law, statute, rule or regulation.
(5) The applicant has been denied a sexually oriented business employee license or has had a sexually oriented business employee license revoked within the preceding 12 months by any jurisdiction.
(d) If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. The Building Department shall advise the applicant in writing of the reason(s) for any such denial.
(Ord. 2004-33. Passed 11-2-04.)
(a) Every application for a new sexually oriented business license shall be accompanied by a four hundred dollar ($400.00) non-refundable application and investigation fee.
(b) Every application for renewal of a sexually oriented business license shall be accompanied by a two hundred fifty dollar ($250.00) non-refundable application and investigation fee.
(c) In addition to the application and investigation fee required in division (a) or (b) of this section, every applicant that is granted a sexually oriented business license (new or renewal) shall pay to the Village an annual, non-refundable license fee of four hundred dollars ($400.00) within 30 days of license issuance or renewal.
(d) Every application for a new sexually oriented business employee license shall be accompanied by an annual, non-refundable application, investigation and license fee of one hundred dollars ($100.00).
(e) Every application for renewal of a sexually oriented business employee license shall be accompanied by an annual, non-refundable application, investigation and license fee of fifty dollars ($50.00).
(Ord. 2004-33. Passed 11-2-04.)
(a) The Police Department shall, from time to time, but not more than four times a year, inspect that portion of each sexually oriented business and adult motel licensed under the provisions of this chapter that is open to the public in order to assess compliance with the provisions of this chapter.
(b) The Building Department shall, from time to time, but not more than four times a year, request that the Health Commissioner inspect that portion of each sexually oriented business and adult motel licensed under the provisions of this chapter that is open to the public in order to assess compliance with the provisions of this chapter.
(c) An applicant or licensee shall permit the Building Department representative and representative of the Police Department, Fire Department or other Village departments or agencies or the Health Commissioner, to inspect that portion of each sexually oriented business that is open to the public or adult motel for the purpose of insuring compliance with the law, at any time that it is occupied or open for business.
(d) Any refusal to permit such lawful inspection of the premises or prohibition or interference with such lawful inspection of the premises shall be grounds for suspension of the sexually oriented business license pursuant to Section 860.13 of this chapter.
(Ord. 2004-33. Passed 11-2-04.)
(a) Each license issued pursuant to this chapter shall expire one year from the date of issuance and may be renewed by making application as provided in this section. Application for renewal shall be made no more than 90 days and no less than 30y days before the expiration date. If application is made less than 30 days before the expiration date, the license will not be extended pending a decision on the application, but will expire on its normal expiration date.
(b) An application for renewal of a sexually oriented business license shall be submitted to the Building Department on a form provided by the Department. The renewal application may request and the applicant shall provide such information as reasonably necessary to enable the Village to determine whether the applicant meets the qualifications established in this chapter. The completed renewal application shall describe any changes or additions to, or deletions from, the information provided in the applicant's initial license application pursuant to Section 860.06 of this chapter. The completed renewal application shall be accompanied by copies of any document or material submitted in connection with the initial license application that has been revised or requires revision to reflect any change in circumstances or conditions. Sketches or diagrams submitted with an initial sexually oriented business license application may be resubmitted with subsequent renewal applications, provided that the applicant certifies in writing that the sketch or diagram still depicts the premises accurately.
(c) The Building Department shall make determinations concerning the approval of license renewals based on the same criteria used to evaluate applications for new licenses under Section 860.07 of this chapter.
(d) The Building Department shall advise the applicant in writing of the reason(s) for any denial of a license renewal.
(e) An application for renewal of a sexually oriented business employee license shall be submitted to the Building Department on a form provided by the Building Department. The renewal application may request and the applicant shall provide such information as reasonably necessary to enable the Village to determine whether the applicant meets the qualifications established in this chapter. The completed renewal application shall describe any changes or additions to, or deletions from, the information provided in the applicant's initial license application pursuant to Section 860.08 of this chapter. The completed renewal application shall be accompanied by copies of any document or material submitted in connection with the initial license application that has been revised or requires revision to reflect any change in circumstances or conditions.
(f) The Building Department shall make determinations concerning the approval of license renewals based on the same criteria used to evaluate applications for new licenses under Section 860.09 of this chapter.
(g) The Building Department shall advise the applicant in writing of the reasons(s) for any denial of a license renewal.
(h) When the Village denies an application for renewal of a license, the applicant shall not be issued another license for one year from the date of denial. If the Village finds, subsequent to denial, that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety days have elapsed since the denial was issued.
(Ord. 2004-33. Passed 11-2-04.)
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