A. License Required: It shall be unlawful for any person to operate a sexually oriented business in the city without a valid sexually oriented business license.
B. Employee License Required: It shall be unlawful for any person who operates a sexually oriented business to employ a person to work and/or perform services on the premises of the sexually oriented business, if such employee is not in possession of a valid sexually oriented business employee license.
C. Application Form: An application for a sexually oriented business license must be made on a form provided by the city.
D. Premises Legal Description And Sketch; Inspections: The application must be accompanied by a legal description of the premises and a sketch or a diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. It 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 six inches (±6"). Prior to issuance of a license, the premises must be inspected and approved by the health department, fire department, building department, zoning department and police department.
E. Information Required To Determine Qualifications: The applicant shall provide such information (including fingerprints) as requested by the city 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 complete.
F. Required Signatures: If a person who wishes to own or operate a sexually oriented business is an individual, he must sign the application for a business license as an applicant. If a person who wishes to operate a sexually oriented business is other than a single individual, each individual who has a ten percent (10%) or greater interest in the business must sign the application for a business license as an applicant.
G. Information Required With Application Form: Applications for a business license, whether original or a renewal, must be made by the intended operator of the enterprise. The following information shall be provided on the application form:
1. The name, street address (and mailing address if different) of the applicant;
2. A recent photograph of the applicant;
3. The applicant's driver's license number, social security number, and/or his/her state or federally issued tax identification number;
4. The name under which the establishment is to be operated and a general description of the services to be provided. If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, the fictitious name must be stated, together with documents proving legal entitlement to the name;
5. Whether the applicant, or a person residing with the applicant, has been convicted, or is awaiting trial on pending charges, of any specified criminal activity and, if so, the specified criminal activity involved and 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 ordinance from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the business license 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 is or has been a partner in a partnership or an officer, director, or principal stockholder of a corporation that is or was licensed under a sexually oriented business ordinance whose business license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the business license 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 or county and, if so, the names and locations of such other licensed businesses;
8. The classification of license for which the applicant is filing;
9. The telephone number of the establishment;
10. The address and legal description of the premises;
11. If the establishment is in operation, the date on which the owner acquired the establishment for which the business license is sought, and the date on which the establishment began operations as a sexually oriented business at the location for which the business license is sought;
12. If the establishment is not in operation, the expected startup date (which shall be expressed in number of days from the date of issuance of the license). If the expected startup date is to be more than ten (10) days following the date of issuance of the business license, then a detailed explanation of the construction, repair or remodeling work or other cause of the expected delay and a statement of the owner's time schedule and plan for accomplishing the same.
H. Additional Requirements With Application: Each application for a license shall be accompanied by the following:
1. Payment of the application fee;
2. If the establishment is a Utah entity, a certified copy of the articles of incorporation, articles of organization or certificate of partnership, together with all amendments thereto, or if a foreign entity, a certified copy of the certificate of authority to transact business in this state, together with all amendments thereto;
3. Proof of the current fee ownership of the premises in the form of a copy of the recorded deed;
4. If the persons identified as the fee owners of the premises are not also the owners of the establishment, then the lease, purchase contract, purchase option contract or other documents evidencing the legally enforceable right of the owners or proposed owners of the establishment to have or obtain the use and possession of the premises, or portion thereof, that is to be used for the establishment for the purpose of the operation of the establishment;
5. A current certificate and straight line drawing prepared within thirty (30) days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented business, established religious institution/synagogue, school, public park or recreation area, or family oriented entertainment business within one thousand feet (1,000') of the premises. 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; and
6. Subsections H2 through H5 of this section shall not be required for a renewal application if the applicant states that the documents previously furnished the city or director with the original application or previous renewals thereof remain correct and current.
I. Notarized Statement: Every application for a license shall contain a notarized statement certifying that the applicant has personal knowledge of the information contained in the application, that the information contained therein and furnished therewith is true and correct, and the applicant has read the provisions of this chapter.
J. Separate Application And License: A separate application and license shall be required for each sexually oriented business classification.
K. Time For Approval, Denial: The director shall approve or deny issuance of the license within forty five (45) days of receipt of the completed application. The director shall issue a license to an applicant unless it is determined that one or more of the requirements contained in this chapter have not been met, that the applicant has been convicted of or pled guilty or nolo contendere to any specified criminal activity, or that any sexually oriented business in which applicant had an influential interest during the previous five (5) years has been declared by a court to be a nuisance or ordered to close.
L. Content Of License; Display: The license issued by the director shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business, and the classification for which the license is issued. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
M. Certification Of Additional Agencies, Departments Required: The health department, fire department, building department, police department and zoning department shall complete their certification that the premises is in compliance or not in compliance within twenty (20) days of receipt of the completed application by the director. Such certification shall be promptly presented to the director.
N. Notice Of Applicant Ineligibility: In the event that the director determines that an applicant is not eligible for a sexually oriented business license, the applicant shall be given notice in writing of the reasons for the denial within forty five (45) days of the receipt of the completed application by the director; provided, that the applicant may request, in writing, at any time before the notice is issued, that such period be extended for an additional period of not more than ten (10) days in order to make modifications necessary to comply with this chapter.
O. Appeal Of Denial: An applicant may appeal a denial by the director to the city council by filing a written notice of appeal with the city within fifteen (15) days after service of notice upon the applicant of the director's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The director may, within fifteen (15) days of service upon him of the applicant's memorandum, submit a memorandum in response to the memorandum filed by the applicant on appeal to the city. After reviewing such memoranda, as well as the director's written decision, if any, and exhibits submitted to the director, the city council shall vote either to uphold or overrule the director's decision. Such vote shall be taken within twenty one (21) calendar days after the filing of the appeal. However, all parties shall be required to comply with the director's decision during the pendency of the appeal.
P. Renewal: A license may be annually renewed upon the written application of the applicant and a finding by the director that the applicant has not been convicted of any specified criminal activity or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within thirty (30) days of the completed application. (Ord. 2007-15, 11-20-2007)