(A) It shall be unlawful:
(1) For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the Building Commissioner 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 Building Commissioner pursuant to this chapter;
(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 sexually oriented business license must be made on a form provided by the city. The application must be accompanied by a sketch or a 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 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 6 inches.
(C) All applicants for a license must be qualified according to the provisions of this chapter. The application may request, and the applicant shall provide, information (including fingerprints) as to enable the city to determine whether the applicant meets the qualifications established under this chapter. The applicant has an affirmative duty to supplement an application with new information received subsequent to the date the application was deemed completed.
(D) If a person who wishes to own operate a sexually oriented business is an individual, he must sign the application for a business license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 10% or greater interest in the business must sign the application for a business license as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity that wishes to operate such a business, each individual having a 10% or greater interest in the corporation must sign the application for a business license as applicant.
(E) Applications for a business license, whether original or renewal, must be made to the Building Commissioner by the intended operator of the enterprise. Applications must be submitted to the office of the Building Commissioner or the Building Commissioner's designee during regular working hours. Application forms shall be supplied by the Building Commissioner.
(F) Each application for a sexually oriented business license shall be accompanied by the following:
(1) Payment of the application fee in full;
(2) If the establishment is a State of Indiana corporation, a certified copy of the articles of incorporation, together with all amendments thereto;
(3) If the establishment is a foreign corporation, a certified copy of the certificate of authority to transact business in this state, together with all amendments thereto;
(4) If the establishment is a limited partnership formed under the laws of the State of Indiana, a certified copy of the certificate of limited partnership, together with all amendments thereto;
(5) If the establishment is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto;
(6) Proof of the current fee ownership of the tract of land on which the establishment is to be situated in the form of a copy of the recorded deed;
(7) If the persons identified as the fee owner(s) of the tract of land in division (F)(6) above is not also the owner of the sexually oriented business, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owner(s) or proposed owner(s) of the sexually oriented business to have or obtain the use and possession of the tract or portion thereof that is to be used for the sexually oriented business;
(8) 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 containing any existing sexually oriented businesses within 1,000 feet of the property to be certified; the property lines of any established religious institution/synagogue, school, public park or recreation area, or family-oriented entertainment business within 1,500 feet of the property to be certified. 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;
(9) Any of divisions (F)(2) through (8) above shall not be required for a renewal application if the applicant states that the documents previously furnished to the Building Commissioner with the original application or previous renewals thereof remain correct and current.
(G) Applications for an employee license to work and/or perform services in a sexually oriented business, whether original or renewal, must be made to the Building Commissioner by the person to whom the employee license shall issue. Each application for an employee license shall be accompanied by payment of the application fee in full. Application forms shall be supplied by the Building Commissioner. Applications must be submitted to the office of the Building Commissioner or the Building Commissioner's designee during regular working hours.
(H) Attached to the application form for a license 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.
(2) A statement detailing the license history of the applicant for the 5 years immediately preceding the date of the filing of the application, including whether the applicant, in this or any other city, county, state, or country, has ever had any 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 denial, revocation, or suspension, state the name(s) under which the license was sought and/or issued, the name(s) of the issuing or denying jurisdiction, and describe in full the reason(s) 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, or is awaiting trial on pending charges, of a specified criminal activity as defined in § 156.02 and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.
(I) Every application for a license shall contain a statement under oath that:
(1) The applicant has personal knowledge of the information contained in the application, and that the information contained therein and furnished therewith is true and correct; and,
(2) The applicant has read the provisions of this article.
(J) A separate application and business license shall be required for each sexually oriented business classification as set forth in Section III.
(K) The fact that a person possesses other types of state or city permits and/or licenses does not exempt him or her from the requirement of obtaining a sexually oriented business or employee license.
(Prior Code, § 157.05) (Ord. 32-98, passed 1-11-1999)