(A) It is unlawful:
(1) For any person to operate a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the city pursuant to this chapter.
(2) For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the city pursuant to this chapter.
(3) For any person to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this chapter.
(B) An application for a license must be made on a form provided by the city. All applications must be qualified according to the provisions of this chapter.
(C) An applicant for a sexually oriented business license or a sexually oriented business employee license shall file with the Enforcement Officer a completed application made on a form prescribed and provided by the city. An application shall be considered complete if it includes the information required in this section. The applicant shall be qualified according to the provisions of this chapter. The application shall be notarized. The application shall include the information called for in subsections (1) through (6), and where applicable subsection (7) as follows:
(1) The full true name and any other names used in the preceding five years.
(2) The current business address.
(3) Either a set of fingerprint suitable for conducting necessary background checks pursuant to this chapter, or the applicant's social security number, to be used for the same purpose.
(4) If the application is for a sexually oriented business license, the name, business location, legal description, business mailing address and phone number of the proposed sexually oriented business.
(5) Written proof of age, in the form of either:
(a) A copy of a birth certificate and current photo,
(b) A current driver's license with picture, or
(c) Other picture identification document issued by a governmental agency.
(6) The issuing jurisdiction and the effective dates of any license or permit held by the applicant relating to a sexually oriented business, and whether any such license or permit has been denied, revoked, or suspended, and if so, the reason or reasons therefor.
(7) If the application is for a sexually oriented business license, the name and address of the statutory agent or other agent authorized to receive service of process.
The information provided pursuant to subsections (1) through (7) above shall be supplemented in writing by certified mail, return receipt requested, to the Enforcement Officer within ten working days of a change of circumstances which would render the information originally submitted false or incomplete.
(D) 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.
(E) If the 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 the person who wishes to operate a sexually oriented business is other than an individual (such as a corporation), each officer, director, general partner, or other person who will participate directly in decisions relating to management of the business shall sign the application for a license as the applicant. Each applicant must be qualified under § 75-05 and each applicant shall be considered as a licensee if a license is granted.
(F) A person who possesses a valid business license is not exempt from the requirement of obtaining any required sexually oriented business license. A person who operates a sexually oriented business and possesses a business license shall comply with the requirements and provisions of this chapter, where applicable.
(G) The information provided by an applicant in connection with the application for a license under this chapter shall be maintained by the Enforcement Officer on a confidential basis, and may be disclosed only:
(1) To other governmental agencies in connection with a law enforcement or public safety function, or
(2) As may otherwise be required by law or a court order.
('80 Code, § 16-44) (Ord. 2514, passed 2-20-91; Ord. O2003-05, passed 2-19-03) Penalty, see § 75-99