(a) Sexually Oriented Business License.
(1) It shall be unlawful for any person to establish and/or operate a sexually oriented business or to conduct such services in the City without a valid “sexually oriented business license,” issued by the City for the particular type of business.
(2) An applicant for a sexually oriented business license shall file in person at the office of the City Clerk a completed application made on a form entitled “Sexually Oriented Business License” prescribed and provided by the City. The applicant shall be qualified according to the provisions of this Chapter. The application shall be signed under oath by the applicant and notarized. If the applicant is other than an individual, the application shall be signed under oath by a duly authorized agent of the applicant and notarized. The application shall include the information called for in Paragraphs A. through H. as follows:
A. The applicant’s full true name and any other names (including trade names or aliases) used by the applicant in the preceding five (5) years;
B. The applicant’s current business address or, if the applicant is an individual and does not have a business address, the applicant’s current residential address;
C. If the applicant is an individual, a set of the applicant’s fingerprints suitable for conducting necessary background checks pursuant to this Chapter. If the applicant is other than an individual, the applicant’s duly authorized agent shall provide a set of fingerprints suitable for conducting necessary background checks pursuant to this Chapter;
D. The name, business location, business mailing address, and business phone number of the sexually oriented business or proposed sexually oriented business;
E. If the applicant is an individual, written proof of age, in the form of a birth certificate, current driver's license with picture, or other picture identification document issued by a governmental agency. If the applicant is other than an individual, the applicant’s duly authorized agent shall provide written proof of age, in the form of a birth certificate, current driver's license with picture, or other picture identification document issued by a governmental agency;
F. The issuing jurisdiction and the effective dates of any license or permit held by the applicant relating to a sexually oriented business, whether any such license or permit has been denied, revoked or suspended and, if so, the reason or reasons therefore;
G. The name and address of the statutory agent or other agent authorized to receive service of process on behalf of the applicant;
H. The application for a sexually oriented business license shall be accompanied by 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 shall 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. Applicants who are required to comply with Section 763.15 of this Chapter shall submit a diagram meeting the requirements thereof.
(3) The information provided pursuant to paragraphs A. through H. of this subsection shall be supplemented in writing by certified mail, return receipt requested, to the City Clerk within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete.
(b) Sexually Oriented Business Operator’s License.
(1) It shall be unlawful for any person who will participate directly in decisions relating to the management of a sexually oriented business, whether or not such business has obtained a sexually oriented business license, to operate such business without a valid “sexually oriented business operator’s license.”
(2) An applicant for a sexually oriented business operator’s license shall file in person at the office of the City Clerk a completed application made on a form entitled “Sexually Oriented Business Operator’s License” prescribed and provided by the City. The applicant shall be qualified according to the provisions of this Chapter. The application shall be signed under oath by the applicant and notarized. If the applicant is other than an individual, the application shall be signed under oath by a duly authorized agent of the applicant. The application shall include the information called for in Paragraphs A. through F. as follows:
A. The applicant’s full true name and any other names (including trade names or aliases) used by the applicant in the preceding five (5) years;
B. The applicant’s current business address or, if the applicant is an individual and does not have a business address, the applicant’s current residential address;
C. If the applicant is an individual, a set of the applicant’s fingerprints suitable for conducting necessary background checks pursuant to this Chapter. If the applicant is other than an individual, the applicant’s duly authorized agent shall provide a set of fingerprints suitable for conducting necessary background checks pursuant to this Chapter;
D. The name, business location, business mailing address, and business phone number of the sexually oriented business or proposed sexually oriented business that the applicant intends to operate;
E. If the applicant is an individual, written proof of age, in the form of a birth certificate, current driver's license with picture, or other picture identification document issued by a governmental agency. If the applicant is other than an individual, the applicant’s duly authorized agent shall provide written proof of age, in the form of a birth certificate, current driver's license with picture, or other picture identification document issued by a governmental agency;
F. The issuing jurisdiction and the effective dates of any license or permit held by the applicant relating to a sexually oriented business, whether any such license or permit has been denied, revoked or suspended and, if so, the reason or reasons therefore.
(3) The information provided pursuant to paragraphs A. through F. of this subsection shall be supplemented in writing by certified mail, return receipt requested, to the City Clerk within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete.
(c) Sexually Oriented Business Employee’s License.
(1) It shall be unlawful for any individual to be employed by a sexually oriented business, whether or not such business has obtained a sexually oriented business license, without a valid “sexually oriented business employee’s license.”
(2) An applicant for a sexually oriented business employee’s license shall file in person at the office of the City Clerk a completed application made on a form entitled “Sexually Oriented Business Employee’s License” prescribed and provided by the City. The applicant shall be qualified according to the provisions of this Chapter. The application shall be signed under oath by the applicant and notarized. The application shall include the information called for in Paragraphs A. through F. as follows:
A. The applicant’s full true name and any other names (including aliases) used by the applicant in the preceding five (5) years;
B. The applicant’s current business address or, if the applicant does not have a business address, the applicant’s residential address;
C. A set of the applicant’s fingerprints suitable for conducting necessary background checks pursuant to this Chapter;
D. The name, business location, business mailing address, and business phone number of the sexually oriented business or proposed sexually oriented business where the applicant intends to be employed;
E. Written proof of age, in the form of a birth certificate, current driver's license with picture, or other picture identification document issued by a governmental agency;
F. The issuing jurisdiction and the effective dates of any license or permit held by the applicant relating to a sexually oriented business, whether any such license or permit has been denied, revoked or suspended and, if so, the reason or reasons therefore.
(3) The information provided pursuant to paragraphs A. through F. of this subsection shall be supplemented in writing by certified mail, return receipt requested, to the City Clerk within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete.
(d) It shall be unlawful for any sexually oriented business, whether or not such business has obtained a sexually oriented business license, to be operated by any person who participates directly in decisions relating to the management of the sexually oriented business without a valid sexually oriented business operator’s license.
(e) It shall be unlawful for any sexually oriented business, whether or not such business has obtained a sexually oriented business license, to employ any employee without a valid sexually oriented business employee’s license.
(f) A person who possesses a valid video center license or theater license, or other similar license, if required by the City, is not exempt from the requirement of obtaining a sexually oriented business license. A person who operates a sexually oriented business and possesses a video center license or theater license shall comply with the requirements and provisions of this Chapter, when applicable.
(g) The information provided by an applicant in connection with the application for a sexually oriented business license, a sexually oriented business operator’s license, or a sexually oriented business employee’s license under this Chapter shall be maintained by the City on a confidential basis, except that such information may be disclosed to other governmental agencies in connection with a law enforcement or public safety function, or as may otherwise be required by law.
(Ord. 00-82. Passed 12-19-00.)