(A) Adult establishment business license.
(1) All persons desiring to secure a license to conduct, operate or maintain an adult establishment under the provisions of this chapter shall make a verified application to the Town Clerk. All applications shall be submitted in the name of the person proposing to conduct, operate or maintain the adult establishment.
(2) All applications shall be submitted on a form supplied by the Town Clerk and shall require the following information:
(a) The applicant's full name and any aliases or other names by which the applicant is known or which the applicant has used at any time, and the residence addresses for the past two years, the business and home telephone numbers, occupation, date and place of birth, social security number, driver's license number and a recent photograph of the applicant;
(b) 1. The name of the adult establishment, a description of the adult entertainment to be performed on the licensed premises, the name of the owner of the premises where the adult establishment will be located, the business address and the county parcel identification number on which the business resides.
2. If the persons identified as the fee owner(s) of the tract of land in division (A)(2)(b)1. above is/are not also the owner(s) of the establishment, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owners or proposed owners of the adult establishment to have or obtain the use and possession on the tract or portion thereof that is to be used for the purpose of the operation of an adult establishment.
3. 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 1,500 feet of the property to be certified; the property lines of any established religious institution/synagogue, school, library or public park or playground, licensed daycare center, entertainment business that is oriented primarily towards children within 1,500 feet of the property to be certified and any dwelling or residential zoning district within 500 feet to be certified. For the purposes of this section, a use shall be considered
EXISTING or ESTABLISHED if it is in existence at the time an application is submitted.
4. Any of the criteria above shall not be required for a renewal application if the applicant states that the documents previously furnished the Town Clerk with the original application or previous renewals thereof remain correct and current.
(c) The name, residence addresses for the past two years, social security number and date of birth of the owner, if the applicant is a sole proprietorship; and the names, residence addresses for the past two years, social security numbers and dates of births of all partners, if the applicant is a partnership; and if the applicant is a corporation, the same information for all corporate officers, directors and individuals having a 10% or greater interest in the corporation;
(d) 1. A statement from the applicant, or from each partner, or from each corporate officer, director or 10% shareholder that each person has not been convicted of, released from confinement for conviction of, or diverted from prosecution on:
a. A felony criminal act within five years immediately preceding the application; or
b. A misdemeanor criminal act within two years immediately preceding the application.
2. Where the felony or misdemeanor criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography or related offenses as defined in the laws of the state or any other comparable violation of the laws of this state or the laws of any other state.
(e) If the applicant is a corporation, a current certificate of existence issued by the State Secretary of State;
(f) A statement signed under oath that the applicant has personal knowledge of the information contained in the application and that the information contained therein is true and correct and that the applicant has read the provisions of this chapter regulating adult establishments;
(g) All applicants shall submit to fingerprinting by a town police officer. The fingerprint card shall be submitted to the S.B.I. for processing. Returned fingerprint cards and criminal histories shall be kept on file in the Town Police Department; and
(h) A statement signed under oath that the applicant(s) consents to investigation of his or her background by the town to include fingerprinting and that the applicant(s) agrees to furnish within ten days at his or her expense, a criminal history from the clerk of court of any county in which the applicant has resided during the five preceding years.
(3) Failure to provide the information and documentation required by this division shall constitute an incomplete application and it shall not be processed until complete.
(B) Adult entertainer license.
(1) All persons desiring to secure a license under the provisions of this chapter to be an entertainer shall make a verified application to the Town Clerk. All applications shall be made in person to the Town Clerk or his or her designee.
(2) All applications shall be submitted on a form supplied by the Town Clerk and shall require the following information:
(a) The applicant's full name and any aliases or other names by which the applicant is known or which the applicant has used at any time, and the residence addresses for the past two years, the home telephone number, date and place of birth, social security number and any stage names or nicknames used in entertaining;
(b) The name and address of the adult establishment where the applicant intends to work as an entertainer;
(c) A statement from the applicant that the applicant has not been convicted of, released from confinement for conviction of, or diverted from prosecution on:
1. A felony criminal act within five years immediately preceding the application; or
2. A misdemeanor criminal act within two years immediately preceding the application, where the felony or misdemeanor criminal act involved sexual offenses, prostitution, promotion of prostitution, sexual abuse of a child, pornography or related offenses as defined in the laws of the state, or any other comparable violation of the laws of this state or laws of any other state.
(d) Photographs shall be taken of the applicant by the Town Clerk or his or her designee and the Town Clerk shall have the photographs processed and retain the copies;
(e) All applicants shall submit to fingerprinting by a town police officer. The fingerprint cards shall be submitted to the S.B.I. for processing. Returned fingerprint cards and criminal histories shall be kept on file in the Town Police Department;
(f) The applicant shall present to the Town Clerk for copying documentation that the applicant has attained the age of 21 years at the time the application is submitted. Any of the following shall be accepted as documentation of age:
1. A motor vehicle operator's license issued by the state, bearing the applicant's photograph and date of birth;
2. A state-issued identification card bearing the applicant's photograph and date of birth;
3. An official and valid passport issued by the United States of America;
4. An immigration card issued by the United States of America;
5. Any other form of picture identification issued by a governmental entity that is deemed reliable by the Town Clerk; or
6. Any other form of identification deemed reliable by the Town Clerk.
(g) A statement signed under oath that the applicant consents to investigation of his or her background by the town to include fingerprinting and that the applicant agrees to furnish within ten days at his or her expense, a criminal history from the Clerk of Court of any county in which the applicant has resided during the five preceding years.
(3) Failure to provide the information required by this division shall constitute an incomplete application and it shall not be processed until complete.
(C) Application processing. Upon receipt of a complete application for an adult establishment license or for an entertainer license, the Town Clerk shall immediately commence investigation of the application as follows:
(1) In the case of an application for a license for an adult establishment, the Town Clerk shall:
(a) Transmit a copy of the application to the Zoning Administrator and to the Police Chief;
(b) The Zoning Administrator shall report to the Town Clerk no later than 15 working days after the receipt of the application by the Town Clerk whether or not a proposed adult establishment complies with the requirements of the zoning ordinance regarding location of the adult establishment, building, fire, health or similar state or local code(s). In the event the Zoning Administrator fails to report to the Town Clerk within this time period, the Town Clerk shall proceed with processing the application;
(c) The Police Chief shall report to the Town Clerk no later than 15 working days after the receipt of the application by the Police Chief the results of his or her investigation of the applicant. In the event that the Police Chief fails to report to the Town Clerk within the time period, the Town Clerk shall proceed with processing the application; and
(d) Upon completion of his or her investigation, payment of the applicable license fee, and upon receipt of the report of the Zoning Administrator and the Police Chief (or upon expiration of the time periods referenced above without receiving a report), the Town Clerk shall determine whether or not a license shall be issued. In no event shall the time period for determination by the Town Clerk exceed 45 working days from the date the application is received by the Town Clerk, unless consented to by the applicant.
(2) In the case of an application for a license for an entertainer, the Town Clerk shall:
(a) Transmit a copy of the application to the Police Chief;
(b) The Police Chief shall report to the Town Clerk no later than ten working days after receipt of the application by the Police Chief the results of his or her investigation of the applicant. In the event that the Police Chief fails to report to the Town Clerk within this time period, the revenue manager shall proceed with processing the application; and
(c) Upon completion of his or her investigation, payment of the appropriate license fee, and upon receipt of the report of the Police Chief (or upon expiration of either or both time periods referenced above without receiving a report), the Town Clerk shall determine whether or not a license shall be issued. In no event shall the time period for determination by the Town Clerk exceed 15 days from the date the application is received by the Town Clerk, unless consented to by the applicant.
(D) Reasons for disapproval. The Town Clerk must deny the license application for one or more of the following reasons:
(1) The license application is incomplete so as to not contain all information required by this chapter;
(2) The applicant (including any partners, corporate officers, directors and shareholders where applicable), has been convicted of a crime in the local, state or federal court systems for any violations listed in this section;
(3) The applicant (including any partners, corporate officers and directors, where applicable), has made false or fraudulent statements in the application, evidence of which is disclosed by a town background investigation or by any other lawful means; and/or
(4) The application for an adult establishment does not meet the requirements of this chapter.
(E) Notice of approval or disapproval.
(1) Upon a determination by the Town Clerk of the disapproval or approval of the application, the Town Clerk shall notify the applicant by personal delivery or certified mail, return receipt requested, to the address of the applicant as shown on the application. In the event that the application is disapproved, the notification shall state the basis for the disapproval.
(2) In the event the application is disapproved, the applicant shall have 30 days from the receipt of the notice of disapproval to appeal that determination to the Superior Court of the county.
(F) Changes to application. All applicants shall notify the Town Clerk of any changes to the application within five working days of the date the change occurs.
(Ord. passed 1-20-1998)