<div class="chunk-title">Sec. 8-34. - License required.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               No sexually oriented business shall be permitted to operate without a valid sexually
               oriented business license issued by the sheriff for the particular classification
               of business. It shall be unlawful for any person to operate or cause to be operated
               a sexually oriented business without said license, or without the presence of an operator
               who has been disclosed pursuant to subsection (b)(9) of this section. In furtherance
               of the policy of the State of North Carolina, the sheriff shall not issue licenses
               to two or more classifications of sexually oriented businesses to operate in or on
               the same building, premises, structure, or other facility.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               An application for a license must be made by the owner of the business on a form prescribed
               by the sheriff, and submitted to the county sheriff's office. The completed application
               shall contain the following information and shall be accompanied by the following
               documents:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The full true name of the applicant;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The full true name under which the sexually oriented business will be operated and,
               if the business will be operated in a name other than that of the applicant, a certified
               copy of the assumed name certificate prepared and recorded in the county register
               of deeds office pursuant to G.S. 66-68 et seq.;
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               The type of sexually oriented business the applicant intends to operate;
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Whether the applicant intends to serve alcoholic beverages at the sexually oriented
               business and/or apply for an ABC permit;
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               The address where the sexually oriented business is to be operated and where the books
               and records are maintained for examination by the Office of Currituck County Sheriff,
               County Planning Inspector, or County Manager, or their lawful agents;
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               If the owner of the real property upon which the sexually oriented business is to
               be operated is not the applicant, the name and address of the owner of the real property
               upon which the business is to be operated and a copy of the lease or rental agreement;
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               The principal telephone number to be used by the sexually oriented business;
               </p>
            		
            <p class="incr1">
               (8)
               </p>
            		
            <p class="content2">
               If the applicant is an individual, the applicant shall appear in person and deliver
               a completed and signed application form and provide the following information:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               His or her present residence and business addresses and telephone numbers;
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               A valid driver's license or other government issued picture identification; and
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               Social security number;
               </p>
            		
            <p class="b2">
               If the applicant is a partnership or corporation, the applicant shall designate one
               of its general partners or officers to act as its agent. Such person shall appear
               in person and deliver a completed and signed application form and shall provide the
               following information: (a) his or her present residence and business addresses and
               telephone numbers, (b) a valid driver's license or other government issued picture
               identification, and (c) social security number;
               </p>
            <p class="b2">
               If the applicant is a partnership: (a) the name, residence address and telephone number,
               and social security number of each partner, including limited partners, and (b) a
               copy of the partnership agreement. If one or more of the partners is a corporation,
               the provisions of this subsection pertaining to corporations shall apply;
               </p>
            <p class="b2">
               If the applicant is a corporation: (a) a certified copy of the articles of incorporation,
               a certified copy of the certificate of authority, and a certified copy of the most
               recent annual report filed with the secretary of state, and (b) the name, residence
               address and telephone number, and social security number of each of its current officers
               and directors, and of any stockholder holding 50 percent or more of the stock of the
               corporation;
               </p>
            <p class="incr1">
               (9)
               </p>
            		
            <p class="content2">
               The name, residence address and telephone number, and social security number of each
               individual who will be an operator of the business;
               </p>
            		
            <p class="incr1">
               (10)
               </p>
            		
            <p class="content2">
               A federal tax identification number assigned to the sexually oriented business and
               a completed tax information authorization form (IRS Form 8821) authorizing only the
               verification of said number;
               </p>
            		
            <p class="incr1">
               (11)
               </p>
            		
            <p class="content2">
               A sketch or 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 six inches. The requirements
               of this subsection shall not apply for renewal applications if the applicant adopts
               a sketch or diagram that was previously submitted for the license sought to be renewed
               and if the licensee certifies that the licensed premises has not been altered since
               the immediately preceding issuance of the license and that the previous sketch or
               diagram continues to accurately depict the layout of the licensed premises;
               </p>
            		
            <p class="incr1">
               (12)
               </p>
            		
            <p class="content2">
               Copies of all permits issued under the county's unified development ordinance evidencing
               compliance with the county's unified development ordinance;
               </p>
            		
            <p class="incr1">
               (13)
               </p>
            		
            <p class="content2">
               If the applicant wishes to operate an adult live entertainment business or an adult
               mini motion picture theatre then said applicant shall comply with the application
               requirements stated in sections herein.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               The application shall be sworn to be true and correct by the applicant.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               An applicant for a license under this section shall have a continuing duty to promptly
               supplement application information required by this section in the event that said
               information changes in any way from what is stated on the application. The applicant
               shall supplement the application on file with the county sheriff's office within 30
               days from the date of such change.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               In the event that the county sheriff's office determines or learns at any time that
               the applicant has improperly completed the application for a proposed sexually oriented
               business, it shall promptly notify the applicant of such fact and allow the applicant
               ten days to properly complete the application. The time period for granting or denying
               a license shall be stayed during the period in which the applicant is allowed an opportunity
               to properly complete the application.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               The applicant shall be required to pay a non-refundable application and investigation
               fee, in the amount of $100.00.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               All adult live entertainers performing at an adult live entertainment business shall
               likewise comply with subsections (a); (b)(1); (b)(8); (c) and additionally state the
               name and address of the adult live entertainment business at which he/she will be
               performing. The preceding shall be furnished on an application furnished by the county
               sheriff's office to be executed under oath by the applicant and shall be accompanied
               by a license fee of $50.00.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               Issuance of a sexually oriented business license does not excuse a licensee from compliance
               with any other applicable ordinance, regulation, or statute. By issuing a sexually
               oriented business license, the sheriff has not determined that the recipient is in
               compliance with any applicable local, state, or federal regulation or law or that
               the recipient is otherwise engaged in a legal activity or operating a business in
               a legal manner.
               </p>
            		
            <p class="historynote0">
               (Ord. of 7-7-03, Â§ 4; Ord. of 6-21-10, pt. I)
               </p></div>