Sec. 8-553. - License required.

(a)

A person commits an offense if that person operates a sexually oriented business without a valid license, issued by the city for the particular type of business.

(b)

An application for a license must be made on a form provided by the city clerk and must 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 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. Applicants who must comply with section 8-565 of this chapter shall submit a diagram meeting the requirements of section 8-565.

(c)

The application shall require the following information:

(1)

The name, residence address, home telephone number, date and place of birth, and social security number of the applicant;

(2)

The business name, address and telephone number of the establishment;

(3)

The names, residence addresses, residence telephone numbers, social security numbers and dates of births of any partners, corporate officers and directors;

(4)

Addresses of the applicant for the five years immediately prior to the date of application;

(5)

A description of the adult entertainment or similar business history of the applicant; whether such person or entity, in previously operating in this or another city, county or state, has had a business license revoked or suspended, the reason therefor, and the activity or occupation subjected to such action, suspension or revocation;

(6)

A description of the business, occupation, or employment of the applicant for the three years immediately preceding the date of application;

(7)

Authorization for the city, its agents and employees to see information to confirm any statements set forth in the application;

(8)

A failure to provide information required by this subsection will constitute an incomplete application and will not be processed.

(9)

The information provided pursuant to subsections (c)(1) through (8) of this section shall be supplemented in writing by certified mail, return receipt requested, to the city clerk within ten working days of a change of circumstances which would render the information originally submitted false or incomplete.

(d)

The applicant must be qualified according to the provisions of this article.

(e)

If a person who wishes to operate a sexually oriented business is an individual, that person must 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 individual who has a 20 percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under section 8-554, and each applicant shall be considered a licensee if a license is granted.

(f)

The fact that a person possesses a valid dance and entertainment license does not exempt that person from the requirement of obtaining a sexually oriented business license.

(g)

The application shall be signed under oath by the applicant and notarized.

(Rev. Ords. 1987, § 8-432)