(A) License; application; disclosure required. Before any applicant may be licensed to operate a sexually-oriented business or as a sexually-oriented business employee pursuant to this chapter, the applicant shall submit, on a form to be supplied by the city license authority, the following:
(1) The correct legal name of each applicant, corporation, partnership, limited partnership, or entity doing business under an assumed name;
(2) If the applicant is a corporation, partnership, or limited partnership, or an individual or entity doing business under an assumed name, the information required below for individual applicants shall be submitted for each partner and each principal of an applicant, and for each officer, director, and any shareholder (corporate or personal) of more than 10% of the stock of any applicant. Any holding company, or any entity holding more than 10% of an applicant, shall be considered an applicant for purposes of disclosure under this chapter. The shareholder disclosure requirements above shall only be applicable for outcall service licenses;
(3) All corporations, partnerships, or noncorporate entities included on the application shall also identify each individual authorized by the corporation, partnership, or noncorporate entity to sign the checks for such corporation, partnership, or noncorporate entity;
(4) For all applicants or individuals, the application must also state:
(a) Any other names or aliases used by the individual;
(b) The age, date, and place of birth;
(c) Height;
(d) Weight;
(e) Color of hair;
(f) Color of eyes;
(g) Present business address and telephone number;
(h) Present residence and telephone number;
(i) State driver’s license or identification number; and
(j) Social Security number.
(5) Acceptable written proof that any individual is at least 18 years of age;
(6) Attached to the form, as provided above, two color photographs of the applicant clearly showing the individual’s face and the individual’s fingerprints on a form provided by the County Sheriff acting as the City Police Department. For persons not residing in the city, the photographs and fingerprints may be on a form from the law enforcement jurisdiction where the person resides. Fees for the photographs and fingerprints shall be paid by the applicant directly to the issuing agency;
(7) For any individual applicant required to obtain a sexually-oriented business employee license as an escort or a semi-nude entertainer, a certificate from the County Health Department, stating that the individual has, within 30 days immediately preceding the date of the original or renewal application, been examined and found to be free of any contagious or communicable diseases;
(8) A statement of the business, occupation, or employment history of the applicant for three years immediately preceding the date of the filing of the application;
(9) A statement detailing the license or permit history of the applicant for the five-year period immediately preceding the date of the filing of the application, including whether such applicant previously operating, or seeking to operate, in this or any other county, city, state, or territory, has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or has had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the date, the name of the issuing or denying jurisdiction, and state in full the reasons for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application;
(10) All criminal convictions or pleas of nolo contendere, except those which have been expunged, and the disposition of all such arrests for the applicant, individual, or other entity subject to disclosure under this chapter, for five years prior to the date of the application. This disclosure shall include identification of all chapter violations, excepting minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature of each conviction or plea of nolo contendere and sentence of each conviction or other disposition, identifying the convicting jurisdiction and sentencing court, and providing the court identifying case numbers or docket numbers. Application for a sexually-oriented business or employee license shall constitute a waiver of disclosure of any criminal conviction or plea of nolo contendere for the purposes of any proceeding involving the business or employee license;
(11) In the event the applicant is not the owner of record of the real property upon which the business or proposed business is, or is to be, located, the application must be accompanied by a notarized statement from the legal or equitable owner of the possessory interest in the property specifically acknowledging the type of business for which the applicant seeks a license for the property. In addition to furnishing such notarized statement, the applicant shall furnish the name, address, and phone number of the owner of record of the property, as well as the copy of the lease or rental agreement pertaining to the premises in which the service is, or will be, located; and
(12) A description of the services to be provided by the business, with sufficient detail to allow reviewing authorities to determine what business will be transacted on the premises, together with a schedule of usual fees for services to be charged by the licensee, and any rules, regulations, or employment guidelines under, or by which, the business intends to operate. This description shall also include:
(a) The hours that the business or service will be open to the public, and the methods of promoting the health and safety of the employees and patrons, and of preventing them from engaging in illegal activity;
(b) The methods of supervision preventing the employees from engaging in acts of prostitution or other related criminal activities;
(c) The methods of supervising employees and patrons to prevent employees and patrons from charging or receiving fees for services or acts prohibited by this chapter, or other statutes or ordinances; and
(d) The methods of screening employees and customers in order to promote the health and safety of employees and customers, and to prevent the transmission of disease, and to prevent the commission of acts of prostitution or other criminal activity. It is unlawful to knowingly submit false or materially misleading information on, or with, a sexually-oriented business license application, or to fail to disclose, or omit, information for the purpose of obtaining a sexually-oriented business or employee license.
(Prior Code, § 5.16.120)
(B) License fees. Each applicant for a sexually-oriented business or employee license shall be required to pay regulatory license fees as set forth in the city fee schedule. An application is not complete until all appropriate fees have been paid.
(Prior Code, § 5.16.130)
(C) License bond. Each application for a sexually-oriented business license shall post, with the city’s Recorder or Treasurer, a cash or corporate surety bond payable to the city in the amount of $2,000. Any fines assessed against the business, officers, or managers for violations of city ordinances shall be taken from this bond if not paid in cash within ten days after notice of the fine, unless an appeal is filed as provided by this chapter. In the event the funds are drawn against the cash or surety bond to pay such fines, the bond shall be replenished to $2,000 within 15 days of the date of notice of any draw against it.
(Prior Code, § 5.16.140)
(D) License; premises location and name.
(1) It is unlawful to conduct business under a license issued pursuant to this chapter at any location other than the licensed premises. Any location to which telephone calls are automatically forwarded by such business shall require a separate license.
(2) It is unlawful for any sexually-oriented business to do business in the city under any name other than the business name specified in the application.
(Prior Code, § 5.16.150)
(E) License; issuance conditions. The City Recorder shall approve the issuance of a license to the applicant within 30 days after receipt of a completed application, unless the Mayor finds one or more of the following:
(1) The applicant is under 18 years of age;
(2) The applicant is overdue in payment to the city of taxes, fees, fines, or penalties assessed against the applicant or imposed on the applicant in relation to a sexually-oriented business;
(3) The applicant has falsely answered a material question or request for information as authorized by this chapter;
(4) The applicant has violated a provision of this chapter or similar provisions found in statutes or ordinances from any jurisdiction within two years immediately preceding the application; a criminal conviction for a violation of a provision of this chapter, or similar provisions, from any jurisdiction, whether or not it is being appealed, is conclusive evidence of a violation, but a conviction is not necessary to prove a violation;
(5) The premises to be used for the business has been disapproved by the County Health Department, the County Fire District or Fire Marshal, the County Sheriff’s Department, the City Building Officials, or the Zoning Officials of the city as not being in compliance with applicable laws and ordinances of the city. If any of the foregoing reviewing agencies cannot complete their review within the 30-day approval or denial period, the agency or department may obtain from the Mayor an extension of time of no more than 15 additional days to complete their review. The total time for the city to approve or deny a license shall not exceed 45 days from the receipt of a completed application and payment of all fees. A business located outside of the corporate boundaries of the city, but requiring a license under this chapter, may be denied a license pursuant to this chapter if the business does not have a valid business license to conduct business at the business location from the appropriate jurisdiction for that location.
(a) Upon receipt of an application, all departments required to review the application shall determine within seven days whether or not the application is complete in items needed for processing. Incomplete applications shall immediately be returned to the applicant with a specification of the items which are incomplete;
(b) The time for processing applications specified in this section shall begin to run from the receipt of a complete application;
(c) In the event that a license for semi-nude entertainment, semi-nude dancing agencies, adult businesses, or semi-nude entertainment businesses has not been disapproved within 30 days, or the 45 days allowed after an extension, the city shall issue the license pending completion of the city’s review; and
(d) Any license issued pursuant to division (E)(3) above may be revoked by the city, pursuant to the revocation procedures provided for herein, if the completed review determines that the license should have been denied.
(6) The required license fees have not been paid;
(7) All applicable sales and use taxes have not been paid;
(8) An applicant for the proposed business is in violation of, or not in compliance with, this chapter or similar provisions found in statutes or ordinances from any jurisdiction; and
(9) An applicant has been convicted or pled nolo contendere to a crime:
(a) Involving prostitution; exploitation of prostitution; aggravated promotion of prostitution; aggravated exploitation of prostitution; solicitation of sex acts; sex acts for hire; compelling prostitution; aiding prostitution sales, distribution, or the display of material harmful to minors; sexual performance by minors; possession of child pornography; lewdness; indecent exposure; any crime involving sexual abuse or exploitation of a child; sexual assault or aggravated sexual assault; rape; forcible sodomy; forcible sexual abuse; incest; harboring a runaway child; or criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses or offenses involving similar elements from any jurisdiction, regardless of the exact title of the offense, for which:
1. Less than two years have elapsed from the date of conviction, if the conviction is of a misdemeanor offense, or less than five years if the convictions are of two or more misdemeanors within the five years; or
2. Less than five years have elapsed from the date of conviction, if the offense is of a felony.
(b) The fact that a conviction is being appealed shall have no effect on the disqualification provided for pursuant to this division (E).
(Prior Code, § 5.16.160)
(F) License; term. Sexually-oriented business and employee licenses issued pursuant to this chapter shall be valid from the date of issuance through July of each succeeding year. The license fees required under the city fee schedule shall not be prorated for any portion of a year, but shall be paid in full for whatever portion of the year the license will cover if granted.
(Prior Code, § 5.16.170)
(G) License; notice of change of information. Any change in the information required to be submitted under this chapter for either a sexually-oriented business license or sexually-oriented business employee license shall be given, in writing, to the Mayor and the County Sheriff, acting as the City Police Department, within 14 days after such change.
(Prior Code, § 5.16.180)
(H) License; transfer limitations. Sexually-oriented business licenses granted under this chapter shall not be transferable. It is unlawful for a license held by an individual to be transferred. It is unlawful for a license held by a corporation, partnership, or other noncorporate entity to transfer any part in excess of 10% thereof without filing a new application and obtaining prior city approval. If any transfer of the controlling interest in a business licensee occurs, the license is immediately null and void, and the business shall not operate until a separate new license has been properly issued by the city as provided in this chapter.
(Prior Code, § 5.16.190)
(I) License; display. It is unlawful for any sexually-oriented business location within the boundaries of the city to fail to display the license granted pursuant to this chapter in a prominent location within the business premises. It is unlawful for any individual licensed pursuant to this chapter to fail to carry, at all times while engaged in licensed activities-within the corporate boundaries of the city, his or her employee license on his or her person. If the individual is nude, such license shall be visibly displayed within the same room the employee is performing. When requested by police, city licensing, or other enforcement personnel or health officials, it is unlawful to fail to show the appropriate licenses while engaged in licensed activities within the corporate boundaries of the city.
(Prior Code, § 5.16.200)
(J) License; statement in advertisements. It is unlawful for any advertisement by the sexually-oriented business or employee to fail to state that the business or employee is licensed by the city, and shall include the city license number.
(Prior Code, § 5.16.210)
(K) License suspension or revocation.
(1) The city may issue a notice suspending or revoking a sexually-oriented business or employee license granted under this chapter if a licensee or an employee of the licensee has:
(a) Violated, or is not in compliance with, this chapter;
(b) Refused to allow any inspection of the premises of the sexually-oriented business specifically authorized by this chapter, or by any other statute or ordinance;
(c) Failed to replenish the cash bond as provided in this chapter (such a suspension shall extend until the bond has been replenished);
(d) Given materially false or misleading information in obtaining the license;
(e) Knowingly operated the sexually-oriented business, or worked under an employee license during the period when the business licensee or employee licensee’s license was suspended;
(f) A licensee has committed an offense which would be grounds for denial of a license for which the time period required to run has not yet elapsed;
(g) On two or more occasions within a 12-month period, a person or persons committed in, or on, or solicited for on the licensed premises, or an outcall employee solicited or committed on, or off, the premises, an offense which would be grounds for denial of a license for which a conviction has been obtained, and the person or persons were employees, whether or not licensed, of the sexually-oriented business at the time the offense was committed; and
(h) A licensee is delinquent in payment to the city for ad valorem taxes, or sales taxes related to the sexually-oriented business.
(2) Suspension or revocation shall take effect within 15 days of the issuance of notice, unless an appeal is filed as provided by this chapter.
(3) The fact that a conviction is being appealed shall have no effect on the revocation of the license.
(Prior Code, § 5.16.340)
(L) Effect of license revocation. When a license issued pursuant to this chapter is revoked, the revocation shall continue for one year from its effective date, and a sexually-oriented business or employee license shall not be issued or reissued a license for one year from the date of such revocation.
(Prior Code, § 5.16.350)
(Ord. 25-98, passed 10-7-1998) Penalty, see § 112.99