§ 50-29. License required.

(a)

It shall be unlawful for any person to operate a sexually oriented business in the county 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 county without a valid sexually oriented business employee license.

(c)

An applicant for a sexually oriented business license or a sexually oriented business employee license shall file in person at the county clerk's office a completed application made on a form provided by the clerk's office. The application shall be signed as required by subsection (e) herein 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 subsections (1)—(7) below, accompanied by the appropriate fee identified in section 50-31:

(1)

The applicant's full true name and any other names used by the applicants in the preceding five years.

(2)

Current business address or another mailing address of the applicant.

(3)

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.

(4)

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.

(5)

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.

(6)

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 ordinance, 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.

(7)

A statement of whether any sexually oriented business in which an applicant has had an influential interest, has, in the previous five years, for conduct occurring when the applicant had the influential interest and had knowledge of the conduct:

a.

Been declared by a court of law to be a nuisance; or

b.

Been subject to a court order of closure or padlocking.

The information provided pursuant to subsections (1)—(7) shall be supplemented in writing by certified mail, return receipt requested, to the clerk'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 is located and 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 sections 50-39 and 50-43 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 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 section 50-30 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 article shall be maintained by the clerk's office 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. No. O-05-2-102, § 4, 3-28-05)