<div class="chunk-title">Sec. 24-29. - 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 county manager. All applications shall be submitted in the name of the person
               proposing to conduct, operate or maintain the adult establishment. All applications
               shall be submitted on a form supplied by the county manager 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, social security number, drivers license number, and a recent photograph
               of the applicant.
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               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 an
               adult establishment will be located, the business address and county parcel identification
               number on which the business resides.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               If the persons identified as the fee owner(s) of the tract of land in item (a) is/are
               not also the owner(s) of the establishment, then the lease, purchase contract, purchase
               option contract, lease option contract or other document(s) evidencing the legally
               enforceable right of the owners or proposed owners of the adult establishment to have
               or obtain the use and possession of the tract or portion thereof that is to be used
               for the purpose of the operation of an adult establishment.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               A current certificate and straight-line drawing prepared within 30 days prior to application
               by a registered land surveyor depicting the property lines and the structures containing
               any existing sexually oriented businesses within 5,000 feet of the property to be
               certified; the property lines of any established religious institution/synagogue,
               school, library, or public park or playground, licensed daycare center, entertainment
               business that is oriented primarily towards children, within 5,000 feet of the property
               to be certified, and any dwelling or proposed subdivision of which there has been
               a recorded map within 5,000 feet of the property to be certified. For the purposes
               of this section, a use shall be considered existing or established if it is in existence
               at the time an application is submitted.
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               Any of the criteria above shall not be required for a renewal application if the applicant
               states that the documents previously furnished the county manager with the original
               application or previous renewals thereof remain correct and current.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The names, residence addresses for the past two years and dates of births of the owner,
               if the applicant is a sole proprietorship; and the names, residence addresses for
               the past two years, social security numbers and dates of birth of all partners, if
               the applicant is a partnership; and if the applicant is a corporation, the same information
               for all corporate officers, directors and individuals having a ten percent or greater
               interest in the corporation.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               A statement from the applicant, or from each partner, or from each corporate officer,
               director, or ten percent shareholder 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 ten years immediately preceding the application, or
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               A misdemeanor criminal act within five 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 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">
               If the applicant is a corporation, a current certificate of existence issued by the
               North Carolina Secretary of 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">
               All applicants shall submit to fingerprinting by an officer at the county sheriff's
               department and the fingerprint cards shall be submitted to the S.B.I. for processing.
               Returned fingerprint cards and criminal histories shall be kept on file in the county
               sheriff's department.
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               A statement signed under oath that the applicant(s) consents to investigation of his/her
               background by the county to include fingerprinting and that the applicant(s) agrees
               to furnish within ten days at his/her expense, a criminal history from the clerk of
               court of any county in which the applicant has resided during the five preceding years.
               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 of this article to
               be an entertainer shall make a verified application to the county manager. All applications
               shall be made in person to the county manager or his designee. All applications shall
               be submitted on a form supplied by the county manager 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 the 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 ten years immediately preceding the application; or
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               A misdemeanor criminal act within five 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
               as defined in the laws of the state of any other comparable violation of the laws
               of this state or laws of any other state.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Photographs shall be taken of the applicant by the county sheriff or his designee
               and the county manager shall have the photographs processed and retain the copies.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               All applicants shall submit to fingerprinting by a county sheriff. The fingerprint
               cards shall be submitted to the S.B.I. for processing. Returned fingerprint cards
               and criminal histories shall be kept on file in the county sheriff department.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               The applicant shall present to the county manager 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 county manager; or
               </p>
            		
            <p class="incr2">
               f.
               </p>
            		
            <p class="content3">
               Any other form of identification deemed reliable by the county manager.
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               A statement signed under oath that the applicant consents to investigation of his/her
               background by the county to include fingerprinting and that the applicant agrees to
               furnish within ten days at his/her expense, a criminal history from the clerk of court
               of any county in which the applicant has resided during the five preceding years.
               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 county manager 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 county
               manager shall:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               Transmit a copy of the application to the zoning administrator and to the sheriff.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               The zoning administrator shall report to the county manager no later than 15 working
               days after the receipt of the application by the county manager whether or not a proposed
               adult establishment complies with the requirements of the zoning ordinance regarding
               location of the adult establishment, building, fire, health, or similar state or local
               code(s). In the event the planning and development director fails to report to the
               county manager within this time period, the county manager shall proceed with processing
               the application.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               The sheriff shall report to the county manager no later than 15 working days after
               the 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 county manager
               within this time period, the county manager shall proceed with processing the application.
               </p>
            		
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               Upon completion of his/her investigation, payment of the applicable license fee, and
               upon receipt of the report of the zoning administrator and the sheriff (or upon expiration
               of the time periods referenced above without receiving a report), the county manager
               shall determine whether or not a license shall be issued. In no event shall the time
               period for determination by the county manager exceed 45 working days from the date
               the application is received by the county manager, unless consented to by the applicant.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               In the case of an application for a license for an entertainer, the county manager
               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 county manager no later than ten 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 county manager
               within this time period, the county manager 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 county manager shall
               determine whether or not a license shall be issued. In no event shall the time period
               for determination by the county manager exceed 15 days from the date the application
               is received by the county manager, unless consented to by the applicant.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Reasons for disapproval.</span> The county manager 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, directors, and shareholders
               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 a county background investigation or by any other lawful means.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               The application for an adult establishment does not meet the requirements of this
               article.
               </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 county manager of the disapproval or approval of the application,
               the county manager shall notify the applicant by personal delivery or 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 superior
               court of the county.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Changes to application.</span> All applicants shall notify the county manager of any changes to the application
               within five working days of the date the change occurs.
               </p>
            		
            <p class="historynote0">
               (Ord. of 2-2-98, Â§ 100.04)
               </p></div>