Chapter 5.72 BUSINESS REGULATION SEXUAL ORIENTED BUSINESS AND EMPLOYEES


Section 5.72.090 License - application & disclosure.

    Before any applicant may be licensed to operate a sexually oriented business or as a sexually oriented business employee pursuant to this ordinance, the applicant shall submit, on a form to be supplied by the business license authority, the following:
    A.    The correct legal name of each applicant.
    B.    If the applicant is a corporation, partnership, limited partnership, individual, or entity doing business under an assumed name, the information required below for individual applicants shall be submitted for each partner, principal officer, director, and any shareholder (corporate or personal) of more than ten percent (10%) of the stock, of any applicant. Any holding company or any entity holding more than ten percent (10%) of the stock of any applicant shall be considered an applicant for purposes of disclosure under this ordinance.
    C.    All corporations, partnerships, or non-corporate entities included on the application shall also identify each individual authorized by the corporation, partnership, or non-corporate entity to sign the checks for such corporation, partnership, or non-corporate entity;
     D.    For all applicants the application must state:
        1.    All names or aliases used by the applicant;
        2.    The age, date, and place of birth;
        3     Height;
        4.    Weight;
        5.    Color of hair;
        6.    Color of eyes;
        7.    Present business address and telephone number (if applicable);
        8.    Present residence address and telephone number;
        9.    Drivers license or identification number; and,
        10. Social security number..
     E.    Acceptable written proof that an individual is a least 18 years of age, or in the case of employees to be employed in businesses where a different age is required by state, federal, or local law, proof of the required age.
    F.    Attached to the form as provided in this section;
    1.    Four color photographs, 2" x 3" in size, of the applicant clearly showing the individual's face; and,
    2.    The individual's fingerprints on a form provided by the police department. For persons not residing in the City, the  fingerprints shall be on a form from the law enforcement jurisdiction where the person resides.  Fees for the photographs and fingerprints shall be paid by the applicant directly to the issuing agency.
    G.    A full and complete statement of the business, occupation, and employment history of the applicant for three years immediately preceding the date of the filing of the application.
    H.    A statement detailing the license and permit history of the applicant for the five-year period immediately preceding the date of the filing of the application, including:
    1.    Whether such applicant previously operated or was seeking to operate a sexually oriented business in this or any other county, city, state, or territory;
    2.    Whether such applicant has ever had a license, permit, or authorization to do business denied, revoked, or suspended; and,
    3.    Whether such applicant has had any professional or vocational license or permit denied, revoked or suspended.
    4.    In the event of any such denial, revocation, or suspension, the applicant must state the date, the name of the issuing or denying jurisdiction, and state in full the reasons for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension  shall be attached to the application.
    I.    For any individual applicant required to obtain a sexually oriented business employee license as an escort a certificate from a bona fide physician stating that the individual has, within thirty days immediately preceding the date of the application, been examined and found to be free of any contagious or communicable diseases.
    J.    Applicants must disclose all misdemeanor criminal convictions or pleas of no contest for five years prior to the application date and all felony convictions or pleas of no contest for ten (10) years prior to the application date, except those which have been expunged, and the disposition of all such convictions or pleas of no contest for the applicant, individual or other entity subject to disclosure under this Chapter. This disclosure shall include identification of all ordinance violations, except minor traffic offenses (any traffic offense designated as a class "B" misdemeanor shall not be construed as a minor traffic offense); stating the date, place, nature of each conviction or plea of no contest, and sentence of each conviction or other disposition; identifying the convicting jurisdiction and sentencing court and providing the court identifying case numbers or docket numbers. Application for a sexually oriented business or employee license shall constitute a waiver of disclosure of any criminal conviction or plea of no contest for the purposes of any proceeding involving the business or employee license. Each applicant will be required to sign a release authorizing the City to perform criminal background checks with such release valid for the duration of the employee's employment with said business.
    K.    In the event the applicant is not the owner of record of the real property upon which the business or proposed business is or is to be located, the application must be accompanied by a notarized statement from the legal or equitable owner of the property specifically acknowledging the type of business for which the applicant seeks a license for the property.  In addition to furnishing such notarized statement, the applicant shall furnish the name, address and phone number of the owner of record of the property, as well as the copy of the lease or rental agreement pertaining to the premises in which the service is or will be located.
    L.    The application shall include the following:
    1.    A description of the services to be provided by the business or employee. If the application is for a business license, the applicant must provide sufficient details of the description of services to allow reviewing authorities to determine what business will be transacted on the premises, together with a schedule of usual fees for services to be charged by the licensee, and any rules, regulations, or employment guidelines under which the business intends to operate. This description shall also include:
    a.    The hours that the business or service will be open to the public;
    b.    The methods of promoting the health and safety of employees and patrons and preventing them from engaging in illegal activity; The methods of supervision preventing the employees from engaging in acts of prostitution or other related criminal activities;
    c.    The methods of supervising employees and patrons to prevent employees and patrons from charging of receiving fees for services or acts prohibited by this Chapter or other statutes or ordinances; and,
            d.    The methods of screening employees and customers in order to promote the health and safety of employees and customers and prevent the transmission of disease; and prevent the commission of acts of prostitution or other criminal activity.


(Ord. 2003-21, Add, 11/20/2003)