§ 18-241. Application for business tax receipt required; contents; attachments; application fee; consent by applicant.
(a)
Required. Any person desiring to operate an adult entertainment establishment shall file with the city manager a sworn business tax application on a standard application form supplied by the city manager.
(b)
Contents of application. Every completed application shall contain the information and documentation specified in this subsection.
(1)
The applicant shall provide the name and address of the applicant and the applicant's principles, as follows:
a.
If the applicant is an individual, the individual shall provide his or her legal name, any aliases, his business and residential address and telephone number, and satisfactory proof that he or she is at least 18 years of age or older.
b.
If the applicant is a partnership, the applicant shall provide:
1.
The complete partnership name;
2.
The names, business and residential addresses and telephone numbers of all partners whether general or limited;
3.
The business address of at least one person authorized to accept service of process; and
4.
A copy of any existing partnership agreement.
c.
If the applicant is a corporation, the corporation shall provide:
1.
The complete corporate name;
2.
The date of its incorporation;
3.
The names and capacity of all officers, directors and stockholders holding five percent or more of the voting shares of the corporation;
4.
The name and business address of the registered corporate agent for service of process;
5.
The name, business and residential address and telephone number of the person making the application for the corporation;
6.
A copy of its articles of incorporation; and
7.
Evidence that the corporation is in good standing.
(2)
If the applicant intends to conduct the establishment under a name other than that of the applicant, the applicant shall provide the fictitious name and county of registration under F.S. § 865.09.
(3)
The applicant shall provide information as to whether the applicant or any of the other individuals listed pursuant to subsection (b)(1) of this section:
a.
Have, 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 violation or criminal act, and, if so, the specified violation or criminal act involved, the date of conviction and the place of conviction;
b.
Have had a previous business tax receipt issued under this ordinance suspended or revoked, including the name and location of the business for which the business tax receipt was suspended or revoked, as well as the date of the suspension or revocation;
c.
Have been a partner in a partnership or an officer, director or stockholder of five percent or more of the voting shares of a corporation whose business tax receipt was suspended or revoked, as well as the date of the suspension or revocation; and
d.
Hold any other business tax receipt required by this article and, if so, the names and locations of such other business tax receipt businesses.
(4)
The applicant shall specify the single classification of business tax receipt for which the applicant is filing.
(5)
The applicant shall provide a legal description of the establishment site, a legal street address for the site, and a mailing address for the site, if different from the street address.
(c)
Attachments. Along with the application the applicant shall provide the following:
(1)
A site plan drawn to appropriate scale of the proposed establishment, including but not limited to:
a.
All property lines, rights-of-way, buildings, parking areas and spaces, curb cuts and driveways;
b.
All windows, doors, entrances and exists, 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; and
d.
All property located within 300 feet of any edge of the proposed site, including existing uses on said adjacent properties.
(2)
A recent photograph:
a.
Of the applicant, if an individual applicant; or
b.
Of the business manager of the applicant, if a corporation or partnership.
(3)
The applicant's social security number or the applicant's employer tax identification number and either the applicant's driver's license number or a copy of the applicant's state or federally issued identification card.
(4)
If the applicant is not the owner of the subject real property, a notarized statement from the owner of the subject property indicating that the owner has approved of or consented to the application for an adult entertainment business tax receipt.
(d)
Application fee. Each application shall be accompanied by a nonrefundable fee of $200.00. If the application for a business tax receipt is approved and a business tax receipt is granted, the fee shall be applied as a credit toward the annual business tax receipt fee required for the first year.
(e)
Incomplete application. In the event the city manager determines or learns at any time that the applicant has not properly completed the application the city manager 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 business tax receipt under this article shall be stayed during the period in which the applicant is allowed a opportunity to properly complete the application.
(f)
Consent. By applying for a business tax receipt under this section, the applicant shall be deemed to have consented to the provisions of this article and to the exercise by the city manager of the responsibilities under this article.
(Ord. No. 1997-25, § 11, 6-3-97; Ord. No. 2007-13, §§ 1, 29, 3-20-07)