§ 1-10-122. Application required; contents; fee; rejection of incomplete application; consent by applicant.

(a)

Required. Any person desiring to operate an sexually oriented business shall file with the community development department a sworn license application on a standard application form supplied by the community development department.

(b)

Contents of application. The completed application required by this section shall contain the following information and shall be accompanied by the following documents:

(1)

If the applicant is:

a.

An individual, the individual shall state his legal name and any aliases and submit satisfactory proof that he is at least eighteen (18) years of age;

b.

A partnership, the partnership shall state its complete name, the names of all partners having either direct, managerial, supervisory or advisory responsibilities for day-to-day operations of the sexually oriented business, and whether the partnership is general or limited;

c.

A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing, the names and capacity of all officers, directors, and stockholders having either direct, managerial, supervisory or advisory responsibilities for day-to-day operations of the sexually oriented business and, if applicable, the name of the registered corporate agent and the legal street address of the registered office for service of process.

(2)

If the applicant intends to conduct the sexually oriented business under a name other than that of the applicant, the sexually oriented business' fictitious name and a certified copy of the applicant's registration with the division of corporations of the department of state under F.S. § 865.09.

(3)

Whether the applicant or any of the other individuals listed pursuant to subsection (b)(1) of this section has, within the five-year period immediately preceding the date of the application, been convicted of a specified criminal act and, if so, the specified criminal act involved, the date of conviction, and the place of conviction, and whether there exist any charges of a specified criminal act pending at the time of the application and, if so, the specified criminal act involved and the name and location of the court in which the charges are pending.

(4)

Whether the applicant or any of the other individuals listed pursuant to subsection (b)(1) of this section has had a previous license or permit, under this article or any other ordinance regulating adult use establishments or sexually oriented businesses, suspended or revoked, or by court order required to cease operation, including the name and location of the business for which the license was suspended or revoked, as well as the date of the suspension or revocation, and whether the applicant or any other individuals listed pursuant to subsection (b)(1) of this section has been a partner in a partnership or an officer, director or principal stockholder of a corporation whose license under this article or any other ordinance regulating adult use establishments or sexually oriented businesses has previously been suspended or revoked, including the name and location of the business for which the license was suspended or revoked, as well as the date of the suspension or revocation.

(5)

Whether the applicant or any other individuals listed pursuant to subsection (b)(1) of this section holds any other licenses under this article and, if so, the names and locations of such other licensed establishments.

(6)

The general nature of the type of sexually oriented business for which the applicant is seeking a license, including a statement concerning the degree to which the anticipated activities at the sexually oriented business meet the definitions of the enumerated sexually oriented business classifications listed in section 1-10-121(b) of this article. Such a characterization shall serve as an initial basis for the permitted activities allowed under the license issued.

(7)

The location of the proposed sexually oriented business, including a legal description of the property site, and a legal street address.

(8)

The names of the employees for the proposed sexually oriented business, if known, or if presently unknown, a statement to that effect.

(9)

The name, legal mailing address and street address of any business entity which holds a contract to manage or operate the sexually oriented business, and the names of all employees of that business entity.

(10)

The applicant's legal mailing address, residential street address, and residential telephone number, if any.

(11)

A site plan of the proposed or existing establishment. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each site plan should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches. The site plan shall include, but not be limited to, the following:

a.

All property lines, rights-of-way, and the location of buildings, parking areas and spaces, curb cuts, and driveways;

b.

All windows, doors, entrances and exits, fixed structural features, walls, stages, partitions, projection booths, adult booths, concession booths, stands, food service equipment, counters and similar structures;

c.

All proposed improvements or enlargements to be made, which shall be indicated and calculated in terms of percentage of increase in floor size; and

d.

A designation of any portion of the premises in which patrons will not be permitted;

If a proposed establishment is constructed in a manner that varies from the site plan submitted, a supplemental site plan showing the existing facility shall be provided, once the certificate of occupancy or final building permit inspection is requested.

(12)

A recent color photograph of the individuals listed pursuant to subsection (b)(1) of this section.

(13)

Either the driver's license number or the state or federally issued identification card number of the individuals listed pursuant to subsection (b)(1) of this section.

(14)

A fully completed fingerprint card with fingerprints of the individuals listed pursuant to subsection (b)(1) of this article recorded thereon by the Charlotte County sheriff's office. The fingerprints, along with the photographs required by paragraph (11) above, shall be used in the investigation by the Charlotte County sheriff's office of the background of those individuals listed pursuant to subsection (b)(1) of this section.

(15)

A sworn statement attesting to the accuracy of the information provided in the application and to the fact that the applicant, as licensee, will own, possess, operate and exercise control over the proposed or existing sexually oriented business.

(c)

Application fee. Each application shall be accompanied by a non-refundable fee to be set by resolution of the board of county commissioners to defray the costs of the processing and investigation of the application. If the application for a sexually oriented business license is approved and a license is granted, half of the application fee shall be applied as a credit towards the first annual license fee required for the first year pursuant to section 1-10-127 of this article.

(d)

Incomplete application.

(1)

In the event the community development department determines that the applicant has not properly completed the application for a proposed sexually oriented business pursuant to the requirements of this section, the department shall promptly notify the applicant of such fact and the time period for granting or denying a license under section 1-10-124 of this article shall be stayed during the period in which the applicant is allowed an opportunity to respond to the notice. Failure to respond to a request for information necessary to complete the application within fifteen (15) days shall result in a denial of the application on the basis of abandonment, and the applicant shall be refunded that portion of the fee applicable to the background investigations if the investigations did not occur. This denial shall be without prejudice to the applicant's right to reapply.

(2)

If the applicant denies that the application is incomplete with respect to subsections (b)(1) through (b)(15) of this section, the community development department shall treat the application as abandoned and deny the application pursuant to subsection (d)(2) of this section.

(e)

Changes in information. Any change, modification, deletion or addition to the information contained in the application shall be reported by the applicant to the community development department within three (3) business days of when the applicant knows or should know of said change, modification, deletion or addition.

(Ord. No. 99-036, § 1, 9-20-99)