§ 19-378. Application for adult entertainment business license.

(a)

Any person, partnership, or corporation desiring to secure a license to conduct an adult business shall make verified application in writing. The application shall be filed in triplicate with and dated by the license division. A copy of the application shall be distributed promptly by the license division to the city police department for businesses to be located within the city limits and to the county sheriff's department for businesses to be located outside the city limits. The license division shall also give a copy to the applicant.

(b)

The application for a license shall be upon a form provided by the license division. All applications shall be submitted in the name of the person or business entity proposing to conduct or operate the adult business. An applicant for a license and all interested persons, including any manager, partner or limited partner of a partnership applicant, any officer or director of the corporate applicant, or any other person who is involved in the day-to-day operation or management of the business shall furnish the following information under oath:

(1)

Name, including all aliases, address, telephone number, and social security number.

(2)

Written proof that the individual is at least 18 years of age.

(3)

All residential addresses of the applicant for the past three years.

(4)

The applicant's sex, height, weight, and color of eyes and hair.

(5)

The business, occupation, or employment history of the applicant for five years immediately preceding the date of the application.

(6)

The exact type of adult business being applied for. (No more than one adult business shall be applied for on one application.)

(7)

The adult business license history of the applicant for the preceding five years; whether such applicant, previously operating in this or any other city, county, or state under such a license, has had a license revoked or suspended, the reason therefor, the business activity or occupation subject to such action of suspension or revocation, and the name of the city, county, or state which revoked the license.

(8)

All federal, state, municipal, or county criminal convictions, forfeiture of bond and pleading of nolo contendere for specified criminal acts, or entry into a diversion program for any offense defined as a specified criminal act, fully disclosing the jurisdiction in which the matter occurred, the offense involved, the circumstances thereof, and the court case number.

(9)

Fingerprints and two portrait photographs at least two inches by two inches of the applicant involved in the day-to-day operation of the business.

(10)

The address of the adult business to be operated by the applicant.

(11)

A map of the area showing the location of the proposed site and the zoning district of the site according to the zoning ordinances of the particular city in which the business is to be located.

(12)

A certificate of proper zoning from the city in which the business is to be located.

(13)

A sketch or artist's conception of the outside of the building indicating the color and nature of the exterior of the building and the proposed location of any signs.

(14)

A current, complete, and legible floor plan of the business premises and storage areas and defining all areas in which the applicant desires to conduct the business.

(15)

The length of time the applicant has been a resident of the city or the county immediately preceding the date of the application.

(16)

If the applicant is a corporation, the name of the corporation and the date and state of incorporation, the name and address of the resident agent, a certificate from the secretary of state that the corporation is in good standing, a copy of the charter of such corporation, and the latest annual report of the corporation, and a copy of all amendments thereto.

(17)

If the applicant is a partnership or joint venture, the names and addresses of the partners or members of the joint venture, the name and addresses of the managing partner, and a copy of the articles of partnership, or other similar agreements and all amendments thereto. In the case of a limited partnership, the applicant shall submit a copy of the certificate of limited partnership which was filed with the secretary of state and all amendments thereto, a copy of the latest annual report, and the name and address of the resident agent, managing partner, and all general partners.

(18)

A statement by the applicant that he is familiar with the provisions of this article and is currently operating and will operate in compliance with them.

(19)

Authorization for the unified government and its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit.

(c)

Within 35 days of the filing of the application, the unified government board of commissioners shall notify the applicant of the approval or denial of the application. The failure of the city zoning official to provide a certificate of zoning or the failure of the police department or the sheriff's department to take photographs or fingerprints shall not preclude such determination. If the unified government board of commissioners does not notify the applicant of the approval or denial of the application, the application shall be deemed approved subject to a future decision of the unified government board of commissioners.

(d)

Whenever an application is denied, the unified government board of commissioners shall advise the applicant in writing of the reasons for such action. If the applicant requests a hearing within ten days of receipt of notification of denial, a public hearing shall be held at the next regularly scheduled meeting of the unified government board of commissioners. Such hearing shall be conducted in accordance with the provisions of section 19-393. Any business in existence at the time of the denial of the application shall be allowed to continue operation until the final determination of the unified government board of commissioners, or any appeal therefrom.

(e)

Any applicant whose application is denied may seek judicial review pursuant to the provisions of section 19-394.

(f)

Failure or refusal of the applicant to give any information relevant to the investigation of the application or his failure to answer all questions on the application or to submit copies of all required documents or his refusal or failure to appear at any reasonable time and place for examination under oath regarding said application or his refusal to submit to or cooperate with an investigation required by this article shall constitute an admission by the applicant that he is ineligible for such license and shall be grounds for denial thereof by the unified government board of commissioners.

(Ord. No. O-01-07(Res. No. R-01-07), § 1(2.5-4), 1-4-2007)