§ 10-104. Application; application fee; consent by applicant.

(a)

Required. Any person desiring to operate an adult entertainment establishment shall file with the occupational licensing department a sworn license application on standard application forms supplied by the department.

(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 18 years of age or older;

b.

A partnership, the partnership shall state its complete name, the names and mailing addresses of all partners whether general or limited, the residence address of at least one person authorized to accept service or process, and provide a copy of any existing partnership agreement; or

c.

A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing, the names and capacity of all officers, directors and principal stockholders, the name and address of the registered corporate agent for service of process, and provide a copy of its articles of incorporation;

(2)

If the applicant intends to conduct the establishment under a name other than that of the applicant, the establishment's fictitious name registration under F.S. § 865.09;

(3)

Whether the applicant or any of the other individuals listed pursuant to subsection (1) 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 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 (1) has had a previous license under this article 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 (1) has been a partner in a partnership or an officer, director or principal stockholder of a corporation whose license under this article 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 (1) holds any other licenses under this article 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, and a legal street address;

(8)

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

(9)

A site plan drawn to appropriate scale of the proposed establishment, including but not limited to:

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;

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; and

(11)

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

(c)

Application fee. Each application shall be accompanied by a nonrefundable fee of $200.00. 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.

(d)

Incomplete application. If the occupational licensing department determines or learns at any time that the applicant has not properly completed the application for a proposed establishment, it shall promptly notify the applicant of such fact and shall allow the applicant ten days to properly complete the application. The time period for granting or denying a license shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.

(e)

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

(Ord. No. 4-94, § I(33-18), 1-10-95)