§ 9-135. Application process and qualifications.

(a)

Process. Any person, association, partnership or corporation desiring to obtain a license to operate, engage in, conduct, or carry on any adult entertainment establishment in the incorporated areas of the City shall make application to the City Clerk. Such application shall be made on forms furnished by the City, shall be made in the name of the adult entertainment establishment by an applicant who is a natural person and an agent of the adult entertainment establishment and shall include the name of the operator, as defined in section 9-132 and of the owner, as defined in section 9-132. If the adult entertainment establishment is a corporation, then the agent, for purposes of making application for a license hereunder, shall be an officer of the corporation. If the adult entertainment establishment is a partnership, the agent for such purposes shall be a general partner. At the time of submitting such application, a nonrefundable fee payable in cash or by certified check in the amount of $300.00 shall be paid to the City Clerk to defray, in part, the cost of investigation and report required by this article. The City Clerk shall issue a receipt showing that such application fee has been paid. The application for a license does not authorize the operation of, engaging in, conduct or carrying on of any adult entertainment establishment.

(b)

Contents. Each application for an adult entertainment establishment license shall contain the following information:

(1)

The full true name and any other names used by the applicant, the operator and the owner;

(2)

The present address and telephone number of the applicant, the operator and the owner;

(3)

The previous addresses of the applicant, the operator and the owner, if any, for a period five years immediately prior to the date of the application and the dates of residence at each;

(4)

Acceptable written proof that the applicant, the operator and the owner are at least 18 years of age;

(5)

The operators' height, weight, color of eyes and hair and date and place of birth;

(6)

Two photographs of the operator at least two inches by two inches taken within the last six months;

(7)

The business, occupation or employment history of the applicant, the operator and the owner for the five years immediately preceding the date of the application;

(8)

The business license history of the adult entertainment establishment seeking a license and whether such establishment, in previous operations in this or any other location under license, has had such license or permit for an adult entertainment business or similar type of business revoked or suspended, the reason therefore and the business activity or occupation subsequent to such action of revocation or suspension;

(9)

If the application is made on behalf of a corporation, the name of the corporation, exactly as shown in its ordinances of incorporation or charter, together with the place and date of incorporation. If the application is on behalf of a limited partnership, a copy of the certificate of limited partnership filed with the City Clerk shall be provided. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply;

(10)

The names and addresses of the owner and the lessor of the real property upon which the adult entertainment establishment is to be operated, engaged in, conducted or carried on and a copy of the lease or rental agreement;

(11)

With respect to the applicant, the operator and the owner, all convictions, (excluding misdemeanor traffic violations unrelated to driving under the influence of drugs or alcohol) within the past five years, including a complete description of the crime or violation, the date of the crime or violation, date of conviction (including plea of guilty or nolo contendere), jurisdiction and any disposition, including any fine or sentence imposed and whether the terms of disposition have been fully completed. Each person required to disclose convictions hereunder shall also provide a signed and notarized consent, on forms prescribed by the Georgia Crime Information Center, authorizing the release of his criminal records to the permits unit of the City Police Department.

(12)

A complete set of fingerprints of the applicant and the operator

(13)

If the person or business entity on whose behalf an application for a license is doing business under a trade name, a copy of the trade name as properly recorded. If the application is made on behalf of a corporation, a copy of its authority to do business in the State, including ordinances of incorporation, trade name affidavit, if any, and last annual report, if any;

(14)

At least three character references for the applicant, the operator and the owner from individuals who are in no way related to the applicant or any operator or owner, and who are not or will not benefit financially in any way from the application if the license is granted. The City shall prepare forms consistent with the provisions of this subsection for the applicant, the operator and the owner, who shall submit all character references on such forms;

(15)

The address of the premises where the adult entertainment establishment will be operated, engaged in, conducted, or carried on;

(16)

A plat by a registered engineer or a registered land surveyor, licensed by the State, showing the location of the proposed premises where the adult entertainment establishment will be operated, engaged in, conducted or carried on in relation to the neighborhood, the surrounding zoning, its proximity to any residential area, church, school, public park or children's day care facility, establishment selling alcoholic beverages or malt beverages and wine or other adult entertainment establishment;

(17)

Each application for an adult entertainment establishment license shall be verified and acknowledged under oath to be true and correct by:

a.

If application is made on behalf of an individual, the individual;

b.

If application is made on behalf of a partnership, by a general partner;

c.

If application is made on behalf of a corporation, by the president of the corporation;

d.

If application is made on behalf of any other organization or association, by the chief administrative official.

(c)

Appearance by applicant. The applicant shall personally appear before the City Clerk and produce proof that a nonrefundable application fee, in an amount established by resolution of the Mayor and City Council, has been paid and shall present the application containing the aforementioned and described information.

(d)

Investigation; standards for granting of license. The City shall have 30 days from the date of actual receipt of the application to investigate the facts provided in the application and the background of the applicant, the operator and the owner. The City Clerk shall stamp the date of actual receipt of each application on the first page thereof and notify the applicant of the actual receipt of the application within five business days of actual receipt of such application. The Mayor and City Council shall approve or deny any application for an adult entertainment establishment license within 30 days of actual receipt of such application. The application for an adult entertainment establishment license shall be granted if the City Clerk finds:

(1)

The required $300.00 investigative fee has been paid;

(2)

The applicant has not made a material misrepresentation in the application;

(3)

Neither the applicant nor any of the operators or owners has been convicted or pled guilty or entered a plea of nolo contendere to any crime involving keeping a place of prostitution, pandering, pimping, public indecency, prostitution, sodomy, solicitation of sodomy, masturbation for hire, sexual battery, rape, child molestation, enticing a child for indecent purposes, or any offense included in the definition of a "criminal offense against a victim who is a minor" as defined in O.C.G.A. § 42-1-12, within a period of five years. For purposes of this article, a conviction or plea of guilty or nolo contendere shall be ignored as to any offense for which the applicant was allowed to avail himself of the Georgia First Offender Act, unless the applicant is later adjudicated guilty of having violated the terms of his first offender treatment;

(4)

Neither the applicant nor any of the operators or owners has had an adult entertainment establishment license or other similar license or permit revoked for cause by this City or any other city or municipality located in or out of this State prior to the date of application within the preceding five years;

(5)

The building, structure, equipment and location of the premises of the adult entertainment establishment as proposed by the applicant would comply with all applicable laws, including but not limited to health, zoning, distance, fire and safety requirements and standards;

(6)

The applicant is at least 18 years of age;

(7)

On the date the business for which a license is required herein commences, and thereafter, there will be an operator, as defined in section 9-1312 on the premises at all times during which the business is open;

(8)

The proposed premises will be located at least the minimum distances set forth in this article from any residential use, church, school, public park or children's day care facility or establishment licensed to sell alcoholic beverages or malt beverages and wine for consumption on the premises, or another adult entertainment establishment; and

(9)

The granting of such license will not cause a violation of and will not be in conflict with this article or any other law, ordinance or regulation, of the City, the State or the United States.

The City Clerk shall deny the application for an adult entertainment establishment license if the application fails to meet any requirement contained in this article.

(Ord. No. 2007-08, § 12-45, 9-20-2007)