Section 8-4-2 License Required
A. It is unlawful:
1. For any Person to operate an adult business without a valid adult business license issued by the Town pursuant to this Code.
2. For any Person who operates an adult business to employ a person to work for the adult business who is not licensed as an adult business employee by the Town pursuant to this Code.
3. For any person to obtain employment with an adult business without having secured an adult business employee license pursuant to this Code.
B. An application for a license must be made on forms provided by the Town.
C. All applicants must be qualified according to the provisions of this Code. The applicant shall provide all material listed on the application and necessary to support the application, and the Town Manager or the authorized designee may request, and the applicant shall provide, such additional information, including applicant fingerprinting and background check, as to enable the Town to determine whether the applicant meets the qualifications established in this Code. The applicant shall pay the Town’s reasonable costs and expenses associated with fingerprinting and background checks.
D. A Person who wishes to operate an adult business must sign the application for a license as an applicant. If a Person other than an individual wishes to operate an adult business, all persons legally responsible for the operations of the sexually oriented business or who have power to control or direct its operations must sign the application for a license as applicant. Such persons include, but are not limited to, general partners, corporate officers, corporate directors, and controlling shareholder(s). Each application must be qualified under the following Section and each applicant shall be considered a licensee if a license is granted.
E. The completed application for an adult business license shall contain the following information and shall be accompanied by the following documents or information:
1. If the applicant is:
a. An individual, the individual shall state his/her legal name and any aliases and submit proof that he/she is 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 its state of incorporation, the names and capacity of all officers, directors and controlling 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 adult business under a name other than that of the applicant; he or she must state (a) the adult business’s fictitious name and (b) submit the required registration documents.
3. Whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity as defined in this Code, and, if so, the specified criminal activity involved, the date, place, and jurisdiction of each.
4. Whether the applicant, or a person residing with the applicant, has had a previous license under this ordinance or other similar adult business ordinances from another city or county denied, suspended or revoked, including the name and location of the adult 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 a person residing with the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this Code whose license has previously been denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
5. Whether the applicant or a person residing with the applicant holds any other licenses under this Code or other similar adult business ordinance from another city or county and, if so, the names and locations of such other licensed businesses.
6. The single classification of license for which the applicant is filing.
7. The location of the proposed adult business, including a legal description of the property, street address, and telephone number(s), if any.
8. The applicant’s mailing address and residential address.
9. A recent photograph of the applicant(s).
10. The applicant’s valid driver’s license number.
11. A floor plan or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The floor plan or diagram must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises.
12. A property survey prepared within 30 days prior to application by a registered land surveyor depicting the property lines of any established uses identified under Section 21-3 of the Fountain Hills Zoning Ordinance within the distances set forth in Section 21-3 in relation to 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.
13. If an applicant wishes to operate an adult business, other than an adult motel, which intends to exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, electronic video media, 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 21-5 of the Fountain Hills Zoning Ordinance.
F. Before any applicant may be issued an adult business employee license, the applicant shall submit on a form to be provided by the Town the following information:
1. The applicant’s name or any other name (including stage aliases used by the individual.
2. A certified copy or original birth certificate showing date and place of birth as proof that individual is at least 18 years of age.
3. Height, weight, hair and eye color.
4. Present residence address and telephone number.
5. Present business address and telephone number.
6. Date, issuing state and number of driver’s license or other identification card information.
G. Attached to the application form for an adult business employee license as provided above, shall be the following:
1. A color photograph of the applicant taken within the last 60 days clearly showing the applicant’s face, and the applicant’s fingerprints on a form provided by the Town’s law enforcement 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 5 years immediately preceding the date of the filing of the application, including whether such applicant (a) previously operated or is seeking to operate, in this or any other county, city, state, or country an adult business, (b) has ever had a license, permit, or authorization to do business denied, revoked, or suspended or (c) 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, the name of the issuing or denying jurisdiction, and describe in full the reason 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 of a specified criminal activity as defined in this Code and, if so, the specified criminal activity involved, the date, place and jurisdiction of each. (16-01, Amended, 08/18/2016; 06-18, Added, 06/15/2006)