A. Permit Required: No sexually oriented business shall be permitted to operate without a valid sexually oriented business permit issued by the city for the particular type of business. It shall be unlawful for a person to operate or cause to be operated a sexually oriented business without said permit.
B. City Manager Responsibility: The city manager or his/her designee is responsible for granting, denying, revoking, renewing, suspending and/or canceling sexually oriented business permits for proposed or existing sexually oriented businesses. The city manager or his/her designee is also responsible for ascertaining whether a proposed sexually oriented business for which an application for a permit has been received complies with all requirements of sections 3-8-3 through 3-8-5 of this chapter, all applicable zoning laws and/or regulations now in effect or as amended or enacted subsequent to the effective date hereof by the city and in the city’s general plan.
C. Police Department Responsibility: The police department is responsible for providing information on whether an applicant has been convicted of a specified criminal act during the time period set forth.
D. Planning Department Responsibility: The planning department is responsible for inspecting a proposed, permitted or nonpermitted sexually oriented business in order to ascertain whether it is in compliance with applicable statutes and ordinances.
E. Application For Permit: Any person desiring to operate a sexually oriented business shall file with the city an original and two (2) copies of a sworn permit application on the application form supplied by the city.
F. Information, Documents Required: 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/her legal name and any aliases and submit satisfactory proof that he/she is eighteen (18) years of age.
b. A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any.
c. A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of the state, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.
2. If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, the applicant must state the sexually oriented business’ fictitious name and submit the required state fictitious business name registration documents.
3. Whether the applicant or any of the other individuals listed pursuant to this section have, within the two (2) or five (5) year periods, as specified in section 3-8-10 of this chapter, 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.
4. Whether the applicant or any of the other individuals listed pursuant to this section have had a previous permit under this chapter or any other similar sexually oriented business ordinances from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individuals listed pursuant to this section have been a partner in a partnership or an officer, director or principal stockholder of a corporation that is permitted under this chapter whose permit has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked and the date of denial, suspension or revocation.
5. Whether the applicant or any other individual listed pursuant to this section holds any other permits and/or licenses under this chapter or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other permitted businesses.
6. The single classification of permit for which the applicant is filing.
7. The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone numbers, if any.
8. The applicant’s mailing address and residential address.
9. A recent photograph of the applicant.
10. The applicant’s driver’s license number, social security number, and state or federally issued tax identification number.
11. 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 it 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 (±6"). (Ord. 11-5-1999, 1999.)
12. A current certificate and straight-line drawing prepared by a Utah registered land surveyor within thirty (30) days prior to the date the application is submitted to the city depicting the property lines and the structures containing any established existing uses regulated by this chapter within one thousand feet (1,000') of the property to be certified; the property lines of any established religious institution, school, boys club, girls club or similar youth organization, public park, public square or public building within one thousand feet (1,000') of the property to be certified; and the property lines of any residentially zoned area or residential property within one thousand feet (1,000') 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. (Ord. 2017-04-002, 4-6-2017)
13. If a person who wishes to operate a sexually oriented business is an individual, (s)he must sign the application for a permit as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten percent (10%) or greater interest in the business must sign the application for a permit as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity which wishes to operate such a business, each individual having a ten percent (10%) or greater interest in the corporation must sign the application for a permit as applicant.
14. If a person wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises films, video cassettes or other video reproductions which depict specified sexual activities or specified anatomical areas, then said person shall, at the time of application for a permit, also comply with the requirements of section 3-8-17 of this chapter.
G. Changes In Information: Applicants for a permit under this section shall have a continuing duty to promptly supplement all application information required by this section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty (30) days from the date of such change shall be grounds for suspension of a permit.
H. Improperly Completed Application: In the event that the city manager or his/her designee determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, he/she shall promptly notify the applicant of such fact and allow the applicant ten (10) days to properly complete the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.
I. Qualification Of Applicant And Premises Required: The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with health, fire and building codes and other applicable laws. (Ord. 11-5-1999, 11-18-1999)
J. Nonrefundable Application Fee: The applicant shall be required to pay a nonrefundable application fee in such amount as established by resolution of the city council at the time of filing an application under this section. (Ord. 11-5-1999, 11-18-1999; amd. 2003 Code)
K. Certification Of Location: Prior to obtaining any permit or license to operate any “sexually oriented business,” as defined in section 3-8-2 of this chapter, and as part of any application for a permit under this section, the applicant shall obtain from the city or its designee a certification that the proposed location of such business complies with the locational requirements of sections 3-8-3 through 3-8-5 of this chapter.
L. Other Permits, Licenses Not Applicable: The fact that a person possesses other types of state or city permits or licenses does not exempt him/her from the requirement of obtaining a sexually oriented business permit.
M. Permit Deemed Consent: By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise by the city manager or his/her designee, the police department and all other city agencies charged with enforcing the laws, ordinances and codes applicable in the city of their respective responsibilities under this chapter.
N. Names Of Licensed Employees Submitted: The applicant shall be required to provide the city with the names of any and all employees who are required to be licensed pursuant to section 3-8-7 of this chapter. This shall be a continuing requirement even after a permit is granted or renewed. (Ord. 11-5-1999, 11-18-1999)