§ 3-8-7 Employee License Requirements

3-8-7: EMPLOYEE LICENSE REQUIREMENTS:

A. License Required: Each individual to be employed in a sexually oriented business who engages in the services rendered by a seminude model studio, escort or escort agency, sexual encounter establishment, massage parlor, or a live performer or entertainer, shall be required to obtain a sexually oriented business employee license. Each applicant shall pay a permit fee in such amount as established by resolution of the city council. Said fee is to cover reasonable administrative costs of the licensing application process. (Ord. 11-5-1999, 11-18-1999; amd. 2003 Code)

B. Information And Documents Required: Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit to the city business license officer, on a form to be provided by the city, the following information:

1. The applicant’s name and any other names (including “stage” names) or aliases used by the individual;

2. Age, date and place of birth;

3. Height, weight, hair and eye color;

4. Current residence address and telephone number;

5. Current business address and telephone number;

6. State driver’s license or identification number;

7. Social Security number;

8. Acceptable written proof that the individual is at least eighteen (18) years of age;

9. Attached to the application form, a color photograph of the applicant clearly showing the applicant’s face, and the applicant’s fingerprints on a form provided by the city. Any fees for the photographs and fingerprints shall be paid by the applicant;

10. A statement detailing the license or permit history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant previously operated or sought to operate, in this or any other county, city, state or country, any sexually oriented business, and if so, whether the applicant has ever had a license, permit or authorization to operate such 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, the applicant shall state the date, the name of the issuing or denying jurisdiction, and shall describe in full the reasons for the denial, revocation or suspension. A copy of any order of denial, revocation or suspension shall be attached to the application; and

11. Whether the applicant has been convicted of a “specified criminal act,” as defined in section 3-8-10 of this chapter. This information shall include the date, place, nature of each conviction or plea of nolo contendere and identify the convicting jurisdiction.

C. Investigation; Issuance Conditions: The business license officer shall refer the sexually oriented business employee license application to the police department for an investigation to be made of such information as is contained on the application. The investigation shall be completed and the application and report of the investigation shall be forwarded to the city manager within ten (10) days from the date the completed application is filed. After the investigation, the city manager or his/her designee shall issue a license unless one (1) or more of the following findings is true:

1. That the applicant has knowingly made a false, misleading or fraudulent statement of a material fact in the application for a license, or in any report or record required to be filed with the police department or other department of the city;

2. That the applicant is under eighteen (18) years of age;

3. That the applicant has been convicted of a “specified criminal act,” as defined in section 3-8-10 of this chapter;

4. That the sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by particular provisions of this chapter;

5. That the applicant has had a sexually oriented business employee license revoked by the city within two (2) years of the date of the current application.

1. A license granted pursuant to this section shall expire on December 31 of each year and may be renewed only by making application as provided in this section. Application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the permit will not be affected. Renewal shall be subject to review by the city manager or his/her designee and a finding by the city manager or his/her designee and the police department that the applicant has not been convicted of any “specified criminal act,” as defined in section 3-8-10 of this chapter, and has not committed any act during the existence of the previous license period which would be grounds to deny the initial permit application.

2. The renewal of the license shall be subject to payment of a fee as set by resolution of the city council. (Ord. 11-5-1999, 11-18-1999)