§ 24-7. Operating licenses.

(a)

An applicant for a license to operate a sexually oriented business within the township shall be made on a form provided by the township. The application may require the applicant to provide any and all information and documentation, including fingerprints and photographs, necessary to enable the township to determine whether the applicant meets the qualifications and requirements established in this chapter. An application shall not be deemed complete until all such information and documentation has been provided to the township by the applicant or the applicant's agents and/or representatives.

(b)

If the sexually oriented business is intended to be operated as a sole proprietorship by an individual, then the individual is deemed the applicant and shall sign the application for a license.

(c)

Where the sexually oriented business is intended to be operated in any capacity other than as a sole proprietorship, then each individual who has a significant or controlling interest in the business is deemed to be an applicant and each such person shall sign the application for a license. The application shall further provide the following information:

(1)

Where the business entity is a partnership, the partnership shall state its complete name, the names of all partners, the status of the partnership as a general or limited partnership and include a copy of the partnership agreement, if any agreement exists.

(2)

Where the business entity is a corporation (C-corporation, S-corporation, professional corporation or any other corporation), the corporation shall state its complete name, the date of its incorporation, the state of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, the names and capacities of each office holder, director and principal stockholders in the corporation, the name of the registered corporate agent and the address of the registered office for service of process.

(3)

Where the business entity is a limited liability company (member-managed, manager-managed, professional or any limited liability company), the limited liability company shall state its complete name, the date of its organization as a limited liability company, the state in which it was organized as a limited liability company, evidence that the limited liability company is in good standing under the laws of the state in which it is organized, the names of and capacities of each member in the limited liability company, the name of the manager and the address of the registered office for service of process.

(d)

If the sexually oriented business is intended to be operated under a name other than that of the applicant, the applicant must state the fictitious name of the sexually oriented business and submit the required registration documents.

(e)

An application for a sexually oriented business license shall contain the following information and shall be accompanied by any necessary documentation for each applicant:

(1)

The applicant's legal name and all prior names and aliases, including stage names, by which the applicant has ever been known, and submit proof that the applicant is at least 18 years of age.

(2)

The applicant's current mailing address and residential address.

(3)

The applicant's driver's license number, social security number and state or federally issued tax identification number.

(4)

The applicant's fingerprints on a form provided by the sheriff or the department of state police, and two color photographs of the applicant clearly showing the applicant's face. Any fees required to produce the fingerprints and photographs shall be paid by the applicant.

(5)

A statement as to whether the applicant, or a person residing with the applicant, has ever been convicted of, pleaded guilty to or pleaded no contest to a specified criminal activity. In the event of an affirmative response, the applicant shall state each specified criminal activity involved, along with the date, place and jurisdiction of each offense.

(6)

A statement of whether the applicant, or a person residing with the applicant, has ever had a previous license under this chapter or any other similar sexually oriented business ordinance of another municipality or county denied, suspended or revoked. In the event of an affirmative response, the applicant shall state the name and location of each sexually oriented business that had its license denied, suspended or revoked, as well as the date of and reason for the denial, suspension or revocation.

(7)

A statement of whether the applicant, or a person residing with the applicant, has ever been a partner in a partnership, or an officer, director or principal stockholder of a corporation, or a member or manager of a limited liability company, or otherwise had a significant or controlling interest in any business entity that is or was licensed under this chapter, or any other similar sexually oriented business ordinance of another municipality or county, whose license has previously been denied, suspended or revoked. In the event of an affirmative response, the applicant shall state the name and location of the sexually oriented business that had its license denied, suspended or revoked, as well as the date of the denial, suspension or revocation.

(8)

A statement of whether the applicant, or a person residing with the applicant, currently holds any other license under this chapter or any other similar sexually oriented business ordinance of another municipality or county. In the event of an affirmative response, the applicant shall state the name and location of each licensed sexually oriented business.

(9)

A statement of the location of the proposed sexually oriented business, including a legal description of the property, the street address and the telephone number, if any.

(10)

A site plan prepared by a land surveyor who is licensed by the state. The site plan shall show all the salient features of the proposed sexually oriented business premises and the surrounding area, including, but not limited to, the:

a.

Property lines of any established sexually oriented business within 1,000 feet of the property to be licensed;

b.

Current zoning districts of all property within 500 feet of the property to be licensed;

c.

Property lines of any established single-family or multiple-family residence within 500 feet of the property to be licensed; and

d.

Property lines of any established township, county or state park, school, library, licensed child care facility, playground, church or place of worship within 500 feet of the property to be licensed.

A use shall be deemed established if it is in existence at the time the application for a license is submitted to the township.

(11)

A sketch or diagram, drawn to a designated scale with marked dimensions, which shows the proposed interior configuration of the sexually oriented business premises.

(f)

The township shall grant or deny the requested operating license within 30 days after receiving the completed application for an operating license. The township shall grant the operating license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following is true:

(1)

The applicant is under 18 years of age.

(2)

The applicant, or a person with whom the applicant is residing, is currently overdue in payment to the township of taxes, fees, fines or penalties assessed against or imposed upon the applicant, or a person with whom the applicant is residing.

(3)

The applicant has falsely answered a question or request for information on the application.

(4)

The applicant, or a person with whom the applicant is residing, has previously been denied a license by the township to operate a sexually oriented business during the preceding 12 months.

(5)

The applicant, or a person with whom the applicant is residing, has had a license to operate a sexually oriented business within the township revoked within the preceding 12 months.

(6)

The applicant, or a person with whom the applicant is residing, has been convicted of, pled guilty to, or pled no contest to, a specified criminal activity.

(7)

The premises of the sexually oriented business have not been approved by the fire department and the zoning administrator as being in compliance with all applicable laws and ordinances.

(8)

The applicant has failed to pay the application and investigation fee required by section 24-9.

(9)

The existing or proposed sexually oriented business is in violation of, or is otherwise not in compliance with, any provision of this chapter or any other ordinance of the township, including, but not limited to, the zoning ordinance, or any other statute, law, rule or regulation of the county, state or federal government.

(g)

The fire department and the zoning administrator shall complete their certification that the premises of the proposed sexually oriented business is in compliance, or not in compliance, within 20 days of the township's receipt of the application.

(h)

A license shall state on its face the name of the person to whom such license is granted, the expiration date of the license and the address of the sexually oriented business. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that such license may be easily read at any time.

(Ord. No. 385, § 1(3.5-7), 11-19-1998)