<div class="chunk-title">Sec. 14-124. - Application procedures.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Adult establishment business license.</span> All persons desiring to secure a license to conduct, operate, or maintain an adult
               establishment under the provisions of this article shall make a verified application
               to the director. All applications shall be submitted in the name of the person proposing
               to conduct, operate or maintain the adult establishment. Licenses shall be issued
               only to natural persons and shall not be issued to nonhuman entities such as corporations
               or partnerships. Licenses shall be nontransferrable. All applications shall be submitted
               on a form supplied by the director and shall require the following information:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The applicant's full name and any aliases or other names by which the applicant is
               known or which the applicant has used at any time, and the residence addresses for
               the past two years, the business and home telephone numbers, occupation, date and
               place of birth and social security number of the applicant.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The name of the adult establishment, a description of the adult entertainment to be
               performed on the licensed premises, the name of the owner of the premises where the
               adult establishment will be located, and the business address and the county parcel
               identification number of the adult establishment.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               The names, residence addresses for the past two years, social security numbers and
               dates of births of all partners, if the applicant is a partnership; and if the applicant
               is a corporation, the same information for all corporate officers and directors.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               A statement from the applicant, or from each partner, or from each corporate officer
               and director, that each such person has not been convicted of, released from confinement
               for conviction of, or diverted from prosecution on:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               A felony criminal act within five years immediately preceding the application, or
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               A misdemeanor criminal act within two (2) years immediately preceding the application,
               </p>
            		
            <p class="b2">
               where such felony or misdemeanor criminal act involved sexual offenses, prostitution,
               promotion of prostitution, sexual abuse of a child, pornography or related offenses
               as defined in the laws of North Carolina or any other comparable violation of the
               laws of this state or the laws of any other state.
               </p>
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               A statement signed under oath that the applicant has personal knowledge of the information
               contained in the application and that the information contained therein is true and
               correct and that the applicant has read the provisions of this article regulating
               adult establishments.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               A statement signed under oath that the applicant consents to investigation of his/her
               background by the county.
               </p>
            		
            <p class="b2">
               Failure to provide the information and documentation required by this subsection shall
               constitute an incomplete application and it shall not be processed until complete.
               </p>
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Adult entertainer license.</span> All persons desiring to secure a license under the provisions article to be an entertainer
               shall make a verified application to the director. All applications shall be submitted
               in the name of the person proposing to be an entertainer. All applications shall be
               submitted on a form supplied by the director and shall require the following information:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The applicant's full name and any aliases or other names by which the applicant is
               known or which the applicant has used at any time, and the residence addresses for
               the past two years, the home telephone number, date and place of birth, social security
               number, and any stage names or nicknames used in entertaining.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The name and address of each adult establishment where the applicant intends to work
               as an entertainer.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               A statement from the applicant, that the applicant has not been convicted of, released
               from confinement for conviction of, or diverted from prosecution on:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               A felony criminal act within the five years immediately preceding the application,
               or
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               A misdemeanor criminal act within two years immediately preceding the application,
               where such felony or misdemeanor criminal act involved sexual offenses, prostitution,
               promotion of prostitution, sexual abuse of a child, pornography or related offenses
               in the laws of the state or any other comparable violation of the laws of this state
               or the laws of any other state.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Photographs shall be taken of the applicant by the director and the director shall
               process and retain the copies.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               The applicant shall present to the director for copying documentation that the applicant
               has attained the age of 21 years at the time the application is submitted. Any of
               the following shall be accepted as documentation of age:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               A motor vehicle operator's license issued by any state, bearing the applicant's photograph
               and date of birth;
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               A state-issued identification card bearing the applicant's photograph and date of
               birth;
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               An official and valid passport issued by the United States of America;
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               An immigration card issued by the United States of America;
               </p>
            		
            <p class="incr2">
               e.
               </p>
            		
            <p class="content3">
               Any other form of picture identification issued by a governmental entity that is deemed
               reliable by the director; or
               </p>
            		
            <p class="incr2">
               f.
               </p>
            		
            <p class="content3">
               Any other form of identification deemed reliable by the director.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               A statement signed under oath that the applicant consents to investigation of his/her
               background by the county.
               </p>
            		
            <p class="b2">
               Failure to provide the information required by this subsection shall constitute an
               incomplete application and it shall not be processed until complete.
               </p>
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Application processing.</span> Upon receipt of a complete application for an adult establishment license or for
               an entertainer license, the director shall immediately commence investigation of the
               application as follows:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               In the case of an application for a license for an adult establishment, the director
               shall:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Transmit a copy of the application to the county sheriff.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               The county sheriff shall report to the director no later than ten working days after
               the receipt of the application by the sheriff the result of his/her investigation
               of the applicant. In the event that the sheriff fails to report to the director within
               this time period, the director shall proceed with processing the application.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               Upon completion of his/her investigation, payment of the applicable license fee and
               upon receipt of the report of the sheriff (or upon expiration of the time period referenced
               above without receiving a report), the director shall determine whether or not a license
               shall be issued. In no event shall the time period for determination by the director
               exceed 45 days from the date the application is received by the director, unless consented
               to by the applicant.
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               In the case of an application for a license for an entertainer, the Director shall:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Transmit a copy of the application to the sheriff.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               The sheriff shall report to the director no later than five working days after receipt
               of the application by the sheriff the results of his/her investigation of the applicant.
               In the event that the sheriff fails to report to the director within this time period,
               the director shall proceed with processing the application.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               Upon completion of his/her investigation, payment of the appropriate license fee,
               and upon receipt of the report of the sheriff (or upon expiration of either or both
               time periods referenced above without receiving a report), the director shall determine
               whether or not a license shall be issued. In no event shall the time period for determination
               by the director exceed 15 days from the date the application is received by the director,
               unless consented to by the applicant.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Reasons for disapproval.</span> The director must deny the license application for one or more of the following reasons:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The license application is incomplete so as to not contain all information required
               by this article.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The applicant (including any partners, corporate officers and directors, where applicable),
               has been convicted of a crime in the local, state or Federal Court systems for any
               violations listed in this section.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               The applicant (including any partners, corporate officers and directors, where applicable),
               has made false or fraudulent statements in the application, evidence of which is disclosed
               by the county background investigation or by any other lawful means.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               The proposed location of the adult establishment is within 500 feet of an existing
               residence other than that of the applicant or 1,000 feet of an existing school, church,
               library, licensed child care center, public recreation center, public park or playground,
               or other adult establishment or location for which an adult establishment license
               is currently in effect.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Notice of approval or disapproval.</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Upon a determination by the director of the disapproval or approval of the application,
               the director shall notify the applicant by certified mail, return receipt requested,
               to the address of the applicant as shown on the application. In the event that the
               application is disapproved, the notification shall state the basis for such disapproval.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               In the event an application is disapproved, the applicant shall have 30 days from
               the receipt of the notice of disapproval to appeal that determination to the board
               of commissioners. Further appeals shall be to the superior court of the county pursuant
               to the provisions of G.S. 7A-250.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Changes to application.</span> All applicants shall notify the director of any changes to the application within
               five working days of the date the change occurs.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               The sheriff's authority regarding criminal history information for applicants for
               adult establishment and adult entertainer licenses.
               </p>
            		
            <p class="p0">
               The sheriff's department shall be authorized to seek state access to SBI/DCI criminal
               history record information to obtain criminal history information on all persons applying
               for adult establishment licenses and adult entertainer licenses to assist the planning
               department in determine the suitability of each applicant. The applicant shall be
               responsible for all fees charged by the SBI/DCI as set by the State of North Carolina
               and by the county commissioners in the annual fee schedule for the criminal history
               check.
               </p>
            <p class="historynote0">
               (Ord. No. 95-12-6, Â§ 4, 12-5-95; Ord. No. 99-2-11, Â§Â§ 2â€”4, 2-16-99;
               <a class="ordinance-link" href="" data-product-id="12776" data-ordinance-id="606940">
                  Ord. No. 13-08-02, Â§ 1, 8-6-13
                  </a>
               )
               </p></div>