Chapter 4.74 ADULT ENTERTAINMENT BUSINESSES


Section 4.74.090 Application for adult entertainment business license -Contents - Renewals -Required fees.

    1. Any person desiring to obtain a license, or renew an existing license, to operate an adult entertainment business, shall make application to the city clerk.  Prior to submitting such application for a license, or renewal of a license, a nonrefundable fee of $175 shall be paid to the city treasurer to defray, in part, the cost of the investigation and report required by this chapter.  The city treasurer shall issue a receipt showing that such application or renewal fee has been paid.  The receipt, or a copy thereof, shall be supplied to the city clerk at the time such application is filed.  License issuance or renewal fees required under this chapter shall be in addition to any license, permit or fee required under any other chapter of this code.
    2. Neither the filing of an application for a license or renewal thereof, nor payment of an application or renewal fee, shall authorize the conducting of an adult entertainment business until such license has been granted or renewed.
    3. Each applicant for an adult entertainment business license, or renewal thereof, shall furnish the following information:
        a. The present or proposed address where the business is to be conducted;
        b. The full true name under which the business will be conducted;
        c. The full true name and any other names used by the applicant, date of birth, and social security number;
        d. The present residence and business address and telephone numbers of the applicant;
        e. Acceptable written proof that the applicant, manager or other person principally in charge of the operation of the business is at least eighteen years of age;
        f. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation, and the names, residence addresses, dates of birth and social security number of each of its current officers and directors.  If the applicant is a partnership, the applicant shall set forth the names, residence addresses, dates of birth and social security number of each of the partners, including limited partners.  If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply.  The corporation or partnership applicant shall designate one of its officers or general partners to act as its responsible managing officer.  Such designated person shall complete and sign all application forms required of an individual applicant under this chapter, but only one application fee shall be charged;
        g. In the event the applicant is not the owner of record of the real property upon which the adult entertainment business is or is to be located, the application must be accompanied by a notarized statement from the owner of record of the property acknowledging that an adult entertainment business is or will be located on the property. In addition to furnishing such notarized statement, the applicant shall furnish the name and address of the owner of record of the property, as well as a copy of the lease or rental agreement or memorandum thereof pertaining to the premises in which the adult entertainment business is or will be located;
        h. A full and detailed description of the service to be provided and/or merchandise to be sold;
        i. Such other identification and/or information as the city clerk may require in order to discover the truth of the matters required to be set forth in the application.
        j. The applicant shall furnish proof to the city clerk that a conditional use permit for the operation of the adult entertainment business has been issued by the board of adjustment and is still valid.
    4. When any change occurs regarding the written information required by subsection 3. of this section to be included in the application, the applicant or license holder, as the case may be, shall give written notification of such change to the city clerk within twenty-four hours after such change.
    5. The city clerk shall have a reasonable period of time in which to review the application.
    6. The city clerk, within thirty days after receiving the application, shall grant the license, or renewal thereof, only if he finds that all of the following requirements have been met:
        a. The required fees have been paid;
        b. The application and location conforms in all respects to the provisions of this chapter;
        c. The applicant has not knowingly made a material misrepresentation of fact in the application;
        d. The applicant has fully cooperated in the investigation of the application;
        e. The applicant, manager or other person principally in charge of the operation of the business is at least eighteen years of age.
        f. If the city clerk does not find that all of the requirements set forth in subsections 6.a. through e. of this section have been met, he shall deny the application for the license or renewal thereof.  In the event the application for the license or renewal thereof is denied by the city clerk, written notice of such denial shall be given to the applicant, specifying the ground or grounds of such denial.  Notice of denial of the application for the license, or renewal thereof, shall be deemed to have been served if it in fact is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at the residence address set forth in the application for the permit or renewal thereof.  Any applicant whose application for an adult entertainment business license, or renewal thereof, has been denied by the city clerk, may appeal such denial to the city manager within twenty days of such denial.  The decision of the city manager shall be final.  (Ord. 2001-0340; 98/U-6822; 85/T-3910)