§ 29-204. License required.

(a)

It is unlawful:

(1)

For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the city pursuant to this article.

(2)

For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the city pursuant to this article.

(3)

For any person to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this article.

(b)

An application for a license must be made on a form provided by the city. All applicants must be qualified according to the provisions of this article.

(c)

An applicant for a sexually-oriented business license or a sexually oriented business employee license shall file with the zoning administrator a completed application on a form prescribed and provided by the zoning administrator. An application shall be considered complete if it contains the information required in this section. The application may request and the applicant shall provide such information as requested by the city to enable the city to determine whether the applicant meets the qualifications established in this article. The application must be notarized and shall contain the following:

(1)

The full true name and any other names used in the preceding five (5) years, residence address of applicant and current business address.

(2)

A set of fingerprints (to be taken by police department) and social security number, to be used for conducting necessary background checks.

(3)

If the application is for a sexually oriented business license, the name, location, legal description of tract of land on which establishment is to be located, business mailing address and telephone number of the proposed sexually oriented business. (Proof of fee ownership of tract of land on which the establishment is to be situated in the form of a copy of the recorded deed shall be required to accompany the application form. If the person(s) identified as the fee owner(s) of the tract of land is not also the owner of the sexually oriented business, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owner(s) or proposed owner(s) of the sexually oriented business to have or obtain the use and possession of the tract or portion thereof that is to be used for the sexually oriented business).

(4)

Written proof of age, in the form of either a certified copy of a birth certificate and current photograph, a current driver's license with picture, or other official picture identification and age verification document issued by a governmental agency.

(5)

The issuing jurisdiction and the effective dates of any current or previous license or permit held by the applicant relating to a sexually oriented business, whether any such license or permit has been denied to applicant, whether any such license or permit has been revoked or suspended, and, if so, the reason or reasons therefor.

(6)

Whether the applicant has been convicted of a specified criminal activity as defined in this article, and, if so, the specified criminal activity involved, the date, place, and jurisdiction of each.

(7)

If the application is for a sexually oriented business license, the name and address of the statutory agent or other agent authorized to receive service of process. The information provided pursuant to paragraphs (1)—(7) of this subsection shall be supplemented in writing by certified mail, return receipt requested, to the zoning administrator within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete.

(d)

If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, such as a corporation, each officer, director, general partner or other person who will participate directly in decisions relating to management of the business shall sign the application for a license as an applicant. Each applicant must be qualified under section 29-205 and each applicant shall be considered a licensee if a license is granted.

(e)

A person who possesses a valid business license is not exempt from the requirement of obtaining any required sexually oriented business license.

(f)

The application for a sexually oriented business license shall contain the following information and shall be accompanied by the following documents:

(1)

A site plan, drawn to scale, which provides the legal description of the property of the existing structure or proposed structure in which the sexually oriented business is to be located and the distance of said structure from all property lines, streets, and all other structures located on the same parcel;

(2)

The existing and/or proposed paved parking to be provided for the proposed use, and the location and dimensions of the driveway access from the street to the existing or proposed parking; and,

(3)

In the case of new construction or substantial reconstruction, the application shall be accompanied by three (3) sets of building construction plans prepared by an architect or engineer licensed by the State of Arkansas.

(4)

A current certificate and straight-line drawing prepared within thirty (30) days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within one thousand (1,000) feet of the property to be certified and the property lines of any established religious institution/synagogue, school, residential district, residentially-used lot, hospital, nursing home or public park or recreation area within five hundred (500) feet of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.

(g)

Proof of payment of the application investigation fee to the city collector's office as required by this article.

(h)

The information provided by an applicant in connection with the application for a license hereunder shall be maintained by the zoning administrator on a confidential basis, and may be disclosed only: (1) to other governmental agencies in connection with a law enforcement or public safety function, or (2) as may otherwise be required by law or court order.

(Ord. No. 5923, § IV, 12-20-00)