§ 18-89. License required.

(a)

It shall be unlawful:

(1)

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

(2)

For any person who operates a sexually oriented business to employ a person to work and/or perform services on the premises of the sexually oriented business, if such employee is not in possession of a valid sexually oriented business employee license issued to such employee by the director pursuant to this article;

(3)

For any person to obtain employment with a sexually oriented business if such person is not in possession of a valid sexually oriented business employee license issued to such person by the director pursuant to this article.

(4)

It shall be a defense to subsections (2) and (3) if the employment is of limited duration and for the sole purpose of repair and/or maintenance of machinery, equipment, or the premises.

Violation of any provision within this subsection shall constitute a misdemeanor, and may be subject to any other remedy for enforcement, as provided by section 18-108 hereof.

(b)

An application for a sexually oriented business license must be made on a form provided by 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 six (6) inches. Prior to issuance of a license, the premises must be inspected by the health department, fire department, building department, and zoning department.

(c)

An application for a sexually oriented business employee license must be made on a form provided by the county.

(d)

All applicants for a license must be qualified according to the provisions of this article. The application may request, and the applicant shall provide, such information (including fingerprints) as to enable the county to determine whether the applicant meets the qualifications established under this article. The applicant has an affirmative duty to supplement an application with new information received subsequent to the date the application was deemed completed.

(e)

If a person who wishes to own operate a sexually oriented business is an individual, he must sign the application for a business license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten (10) percent or greater interest in the business must sign the application for a business license as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity that wishes to operate such a business, each individual having a ten (10) percent or greater interest in the corporation must sign the application for a business license as applicant.

(f)

Applications for a business license, whether original or renewal, must be made to the director by the intended operator of the enterprise. Applications must be submitted to the office of the director or the director's designee during regular working hours. Application forms shall be supplied by the director. The following information shall be provided on the application form:

(1)

The name, street address (and mailing address if different) of the applicant(s);

(2)

A recent photograph of the applicant(s);

(3)

The applicant's driver's license number, Social Security number, and/or his/her state or federally issued tax identification number;

(4)

The name under which the establishment is to be operated and a general description of the services to be provided. If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must state:

a.

The sexually oriented business's fictitious name; and

b.

Submit the required registration documents;

(5)

Whether the applicant, or a person residing with the applicant, has been convicted, or is awaiting trial on pending charges, of a "specified criminal activity" as defined in section 18-87, and, if so, the "specified criminal activity" involved, the date, place, and jurisdiction of each;

(6)

Whether the applicant, or a person residing with the applicant, has had a previous license under this article or other similar sexually oriented business ordinance from another county or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the business license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or a person residing with the applicant is or has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is or was licensed under a sexually oriented business ordinance whose business license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the business license was denied, suspended or revoked as well as the date of denial, suspension or revocation;

(7)

Whether the applicant or a person residing with the applicant holds any other licenses under this article or other similar sexually oriented business ordinance from another county or county and, if so, the names and locations of such other licensed businesses;

(8)

The single classification of license, as found in section 18-88, for which the applicant is filing;

(9)

The telephone number of the establishment;

(10)

The address, and legal description of the tract of land on which the establishment is to be located;

(11)

If the establishment is in operation, the date on which the owner(s) acquired the establishment for which the business license is sought, and the date on which the establishment began operations as a sexually oriented business at the location for which the business license is sought;

(12)

If the establishment is not in operation, the expected startup date (which shall be expressed in number of days from the date of issuance of the business license). If the expected startup date is to be more than ten (10) days following the date of issuance of the business license, then 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;

(13)

If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than one hundred fifty (150) square feet of floor space, films, video cassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in section 18-104 hereunder.

(g)

Each application for a business license shall be accompanied by the following:

(1)

Payment of the application fee in full;

(2)

If the establishment is a Florida corporation, a certified copy of the articles of incorporation, together with all amendments thereto;

(3)

If the establishment is a foreign corporation, a certified copy of the certificate of authority to transact business in this state, together with all amendments thereto;

(4)

If the establishment is a limited partnership formed under the laws of Florida, a certified copy of the certificate of limited partnership, together with all amendments thereto;

(5)

If the establishment is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto;

(6)

Proof of the current fee ownership of the tract of land on which the establishment is to be situated in the form of a copy of the recorded deed;

(7)

If the persons identified as the fee owner(s) of the tract of land in subsection (6) are not also the owners of the establishment, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owners or proposed owners of the establishment to have or obtain the use and possession of the tract or portion thereof that is to be used for the establishment for the purpose of the operation of the establishment;

(8)

Any of subsections (2) through (7), above shall not be required for a renewal application if the applicant states that the documents previously furnished the director with the original application or previous renewals thereof remain correct and current.

(h)

Applications for an employee license to work and/or perform services in a sexually oriented business, whether original or renewal, must be made to the director by the person to whom the employee license shall issue. Each application for an employee license shall be accompanied by payment of the application fee in full. Application forms shall be supplied by the director. Applications must be submitted to the office of the director or the director's designee during regular working hours. Each applicant shall be required to give the following information on the application form:

(1)

The applicant's given name, and any other names by which the applicant is or has been known, including "stage" names and/or aliases;

(2)

Age, and date and place of birth;

(3)

Height, weight, hair color, and eye color;

(4)

Present residence address and telephone number;

(5)

Present business address and telephone number;

(6)

Date, issuing state, and number of photo driver's license, or other state issued identification card information;

(7)

Social Security number; and

(8)

Proof that the individual is at least eighteen (18) years old.

(i)

Attached to the application form for a license shall be the following:

(1)

A color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by the police department. Any fees for the photographs and fingerprints shall be paid by the applicant.

(2)

A statement detailing the license history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant, in this or any other county, city, state, or country, has ever had any license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name(s) under which the license was sought and/or issued, the name(s) of the issuing or denying jurisdiction, and describe in full the reason(s) for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.

(3)

A statement whether the applicant has been convicted, or is awaiting trial on pending charges, of a "specified criminal activity" as defined in section 18-87, and, if so, the "specified criminal activity" involved, the date, place and jurisdiction of each.

(j)

Every application for a license shall contain a statement under oath that:

(1)

The applicant has personal knowledge of the information contained in the application, and that the information contained therein and furnished therewith is true and correct; and

(2)

The applicant has read the provisions of this article.

(k)

A separate application and business license shall be required for each sexually oriented business classification as set forth in section 18-88.

(l)

The fact that a person possesses other types of state or county permits and/or licenses does not exempt him from the requirement of obtaining a sexually oriented business or employee license.

(Ord. No. 2003-14, § 4, 7-8-03)