§ 78-42. Application for license; application fee; consent by applicant.

(a)

Required. Any person desiring to operate an adult entertainment establishment shall file with the city manager or his authorized designee a sworn license application on a standard application form supplied by the city manager or his authorized designee.

(b)

Contents of application. The completed application 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 18 years of age;

b.

A partnership, the partnership shall state its complete name, the names, residential addresses and residential telephone numbers of all partners, whether general or limited, the residential address of at least one person who is authorized to accept service of process, and a copy of any existing partnership agreement, and proof of partnership registration in accordance with state law and the partnership's Federal Identification Number; or

c.

A corporation, the corporation shall state its complete name, state the date of its incorporation, provide evidence that the corporation is in good standing, provide the names and capacity of all officers, directors and principal stockholders, the name and address of the registered corporate agent for service of process, the name, residential address and residential telephone number of the person making the application for the corporation, provide proof in the form of a corporate act designating the applicant as a lawful representative of the corporation, and provide a copy of its articles of incorporation and bylaws; if more than 30 percent of the applicant corporation's outstanding shares are held by any other corporate entity, provide the name and address of the registered agent of those corporations;

(2)

If the applicant intends to conduct the establishment under a name other than that of the applicant, the establishment's fictitious name and the county of registration 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 felony of any state, or of the United States, or of any specified criminal act, and, if so, the specific crime involved, the date of conviction and the place of conviction;

(4)

Whether the applicant or any of the other individuals listed pursuant to subsection (b)(1) has had a previous license under this chapter suspended or revoked, including the name and location of the establishment 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) has been a partner in a partnership or an officer, director or principal stockholder of a corporation whose license under this chapter has previously been suspended or revoked, including the name and location of the establishment 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) holds any other licenses under this chapter and, if so, the names and locations of such other licensed establishments;

(6)

The single classification of license for which the applicant is filing;

(7)

The location of the proposed establishment, including a legal description of the property site, a legal street address, the name and address of the real property owner of the site, and a notarized statement of consent to the specific proposed adult entertainment use of the property from the owner of the property, if the applicant is not the owner;

(8)

The applicant's mailing address, business addresses, residential address, and business and residential telephone numbers; and

(9)

A site plan drawn to appropriate scale of the proposed establishment, including but not 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, admission booths, adult booths, concession booths, stands, counters and similar structures; and

c.

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

(10)

A recent photograph of the applicant;

(11)

The applicant's social security number or employer tax identification number and either the applicant's driver's license number or the number of a state or federally issued identification card;

(12)

The names of the workers for the proposed establishment, if known, or, if presently unknown, a statement to that effect; and

(13)

A location map that clearly depicts the site and identifies the surrounding lots, parcels and land uses on each surrounding lot or parcel within one-fourth mile of the boundary line of the proposed establishment.

(c)

Application fee. Each application shall be accompanied by a nonrefundable fee established by resolution of the city commission in the appendix A fee schedule. Such application fee shall be used to defray the costs and expenses incurred by the various departments in reviewing the application. If the application for a license is approved and a license is granted, the fee shall be applied as a credit towards the annual license fee required for the first year pursuant to this chapter.

(d)

False, incorrect or incomplete application. If the city manager or his authorized designee determines or learns at any time that the applicant has falsely or incorrectly completed an application or has not properly completed the application for a proposed establishment, the city manager or his authorized designated director shall promptly notify the applicant of such fact and shall allow the applicant ten days to correct or properly complete the application. The revised application shall then be promptly forwarded to the appropriate department for further review. The time period for granting or denying a license under this chapter shall be stayed during the period in which the applicant is allowed an opportunity to correct or properly complete the application. Upon receipt of a revised application, the 30-day time period for granting or denying a license shall be extended ten days to 40 days total.

(e)

Consent. By applying for a license under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise of his responsibilities under this chapter by the agents or departments of the city.

(Ord. No. 04-97, § 1(14), 3-17-1997; Ord. No. 19-2011, § 1(Exh. A), 11-7-2011)