<div class="chunk-title">Sec. 4-87. - Application for permit.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               Any person desiring to secure a permit shall make application to the clerk to the
               board of commissioners. The application shall be filed in triplicate and dated by
               the clerk. A copy of the application shall be distributed promptly by the clerk to
               the sheriff's department and to the applicant.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               An application for a permit must be made on a form provided by the county and available
               at the administrative offices of the county. The application must be accompanied by
               a sketch or a diagram showing the configuration of the premises, including a statement
               of total floor space occupied by the business. The sketch or diagram need not be professionally
               prepared, but must be drawn to a designated scale or drawn with marked dimensions
               of the interior of the premises to an accuracy of plus or minus 12 inches.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               The applicant shall be required to give all required information on the application
               form, in accordance with this subsection, including:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The name, street address and mailing address, if different, of the intended operator.
               For the purposes of this subsection, the term "operator" means the individual responsible
               for the day-to-day operations of the business;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The name, street address and mailing address, if different, of all applicants signing
               the application;
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Written proof that all applicants signing the application are at least 21 years of
               age;
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               The name under which the adult establishment is to be operated and a general description
               of the nature of the services to be provided by the business;
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               The telephone number of the adult establishment, the intended operator, and all applicants
               signing the application;
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               Whether the applicant previously operated in this or any other county, city or state
               under an adult-oriented establishment permit or similar business license, whether
               the applicant has ever had such a license revoked or suspended, the reason therefor,
               and the business entity or trade name under which the applicant operated that was
               subject to the suspension or revocation;
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               Any and all criminal statute, whether federal or state, or city ordinance violation
               convictions, forfeitures of bond, and pleadings of nolo contendere on all charges,
               except misdemeanor traffic violations;
               </p>
            		
            <p class="incr1">
               (8)
               </p>
            		
            <p class="content2">
               The address and legal description of the tract of land on which the adult establishment
               is or will be located;
               </p>
            		
            <p class="incr1">
               (9)
               </p>
            		
            <p class="content2">
               If the adult establishment is already in operation, the date on which the applicant
               acquired the establishment for which the permit is sought, and the date on which the
               establishment began operations as an adult establishment at the location for which
               the permit is sought;
               </p>
            		
            <p class="incr1">
               (10)
               </p>
            		
            <p class="content2">
               If the adult establishment is not currently in operation, the expected date the establishment
               will open for business (which shall be expressed in number of days from the issuance
               of the permit). If the expected initial date is to be more than ten days following
               the date of the issuance of the permit, then the applicant must provide a detailed
               explanation of the construction, repair or remodeling work, or other cause of the
               expected delay and a statement of the owner's time schedule and plan for accomplishing
               the same.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               If the applicant intending to operate an adult establishment is an individual, he
               must sign the application for a permit as "applicant." If an applicant intending to
               operate an adult establishment is other than an individual, each individual who owns
               a ten percent or greater interest in the applicant must sign the application for a
               permit as "applicant." In the event that no individual owns a ten percent or greater
               interest in the applicant, that individual who owns the highest ownership interest
               in the applicant must sign the application as "applicant."
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               The possession by the applicant of other federal, state or local permits and/or licenses
               does not exempt the applicant from obtaining a license in accordance with this article.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               The application shall be accompanied by the following:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Application fee paid in full.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               If the adult establishment is a state corporation, a certified copy of the articles
               of incorporation, together with any and all amendments thereto.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               If the adult establishment is a foreign corporation, a certified copy of the certificate
               of authority to transact business in the state, together with all amendments thereto.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               If the adult establishment is a partnership, either general or limited, a certified
               copy of the partnership agreement, together with all amendments thereto.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               If the adult establishment is a limited liability company of the state, a certified
               copy of the articles of organization, together with all amendments thereto.
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               If the adult establishment is a foreign limited liability company, a certified copy
               of the certificate of authority to transact business in the state, together with all
               amendments thereto.
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               Proof of the current fee ownership of the tract of land on which the adult establishment
               is or will be situated in the form of a copy of the recorded deed.
               </p>
            		
            <p class="incr1">
               (8)
               </p>
            		
            <p class="content2">
               If the owners identified as the fee owners of the tract of land in subsection (f)(7)
               of this section are not also the owners of the adult establishment, then a copy of
               the lease, purchase contract, option or other documents 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
               adult establishment.
               </p>
            		
            <p class="incr1">
               (9)
               </p>
            		
            <p class="content2">
               Any of the items identified in subsections (f)(2) through (8) of this section shall
               not be required for a renewal application if the applicant states that the documents
               previously furnished the sheriff with the original application or previous renewals
               thereof are correct and current.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               The application shall require the applicant to sign, under oath, an acknowledgement
               confirming that:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The applicant has personal knowledge of the information contained in the application
               and that the information contained therein and furnished therewith is true and accurate;
               and
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The applicant has read and understands the contents of this article.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               Any application submitted in accordance with this section must be found in accordance
               with this article, and the premises must be inspected and found to be in compliance
               with all applicable statutes and regulations by the health department, fire marshal
               and building inspector.
               </p>
            		
            <p class="historynote0">
               (Code 1984, Â§ 9.8-65; Ord. of 1-2-1996, art. 5)
               </p></div>