(A) It shall be unlawful for any person to operate a sexually-oriented business in the city without a valid sexually-oriented business license.
(B) It shall be unlawful for any person to be an “employee”, as defined in this chapter, of a sexually-oriented business in the city without a valid sexually-oriented business employee license.
(C) (1) An applicant for a sexually-oriented business license or sexually-oriented business employee license shall file, in person at the office of the Finance Officer, a completed application made on a form provided by the City Finance Officer. The application shall be signed as required by division (E) below and shall be notarized. An application shall be considered complete when it contains, for each person required to sign the application, the information and/or items required in divisions (C)(1)(a) through (C)(1)(g) below, accompanied by the appropriate fee identified in § 112.22:
(a) The applicant’s full true name and any other names used by the applicants in the preceding five years;
(b) Current business address or another mailing address of the applicant;
(c) Written proof of age, in the form of a driver’s license or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency;
(d) If the application is for a sexually-oriented business license, the business name, location, legal description, mailing address and phone number of the sexually-oriented business;
(e) If the application is for a sexually-oriented business license, the name and business address of the statutory agent or other agent authorized to receive service of process;
(f) A statement of whether an applicant has been convicted of or has pled guilty or nolo contendere to a specified criminal activity, as defined in this chapter, and if so, each specified criminal activity involved, including the date, place and jurisdiction of each as well as the dates of conviction and release from confinement, where applicable; and
(g) A statement of whether any sexually-oriented business in which an applicant has had an influential interest has, in the previous five years (and at a time during which the applicant had the influential interest):
1. Been declared by a court of law to be a nuisance; or
2. Been subject to a court order of closure or padlocking.
(2) The information provided pursuant to divisions (C)(1)(a) through (C)(1)(g) above shall be supplemented in writing by certified mail, return receipt requested, to the City Finance Officer’s office within ten working days of a change of circumstances which would render the information originally submitted false or incomplete.
(D) An application for a sexually-oriented business license shall be accompanied by a legal description of the property where the business will be located and a sketch or diagram showing the configuration of the premises, including a statement of total floor space to be 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 §§ 112.40 and 112.43 shall submit a diagram indicating that the interior configuration meets the requirements of those sections.
(E) If a person who wishes to operate a sexually-oriented business is an individual, he or she shall sign the application for a license as applicant. If a person who wishes to operate a sexually-oriented business is other than an individual, each person with an influential interest in the business shall sign the application for a license as applicant. Each applicant must be qualified under § 112.21 and each applicant shall be considered a licensee if a license is granted.
(F) The information provided by an applicant in connection with an application for a license under this chapter shall be maintained by the City’s Finance Officer on a confidential basis, and such information may be disclosed only as may be required, and only to the extent required, by court order.
(Ord. 226, passed 11-24-2005) Penalty, see § 112.99