Article III. Business License Application
5.12.200 Business license application.
Before any applicant may be licensed to operate a sexually oriented business in the city, the applicant shall submit to the business license official, on a form to be supplied by the business license official, the following:
A. The correct legal name of each applicant, corporation, partnership, limited partnership or entity doing business under an assumed name.
B. If the applicant is a corporation, partnership or limited partnership or individual or entity doing business under an assumed name, the information required below for individual applicants shall be submitted for each partner and each principal of an applicant and for each officer, director, general partner, partner or other person who owns a controlling interest in the business, or who will participate directly in decisions relating to management and control of the business application. Each applicant must be qualified under this chapter and each applicant shall be considered a licensee if a license is granted. Any holding company, or any entity holding more than ten percent of an applicant, shall be considered an applicant for purposes of disclosure under this chapter.
C. All corporations, partnerships or noncorporate entities included on the application shall also identify each individual authorized by the corporation, partnership or noncorporate entity to sign the checks for such corporation, partnership or noncorporate entity.
D. All corporations, partnerships or noncorporate entities included on the application shall also identify the full legal name, address, and state of incorporation of the corporation, partnership or noncorporate entity.
E. For all applicants, the application must also state:
1. The full legal name and any other names or aliases used by the individual applicant;
2. The applicant’s date of birth and place of birth;
3. Present physical address and telephone number of the business premises;
4. Any Internet websites that the business operates;
5. Present residence and telephone number;
6. Utah driver’s license or identification card;
7. Social Security number.
F. Identification issued by a federal or state governmental agency with the individual’s colored photograph, signature, and physical description.
G. Acceptable written proof that any individual is at least twenty-one years of age.
H. The identity of each individual authorized by the corporation partnership or noncorporate entity to receive service of process.
I. A sketch or diagram showing the interior configuration of the business premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. The sketch or diagram must conform with requirements stated in other sections of this chapter.
J. Each applicant must provide a statement of whether the applicant has been convicted of, or has pled guilty or nolo contendere to, a specified criminal activity as defined in this chapter, and if so, the specified criminal activity involved, the date, place, and jurisdiction of each.
K. In the event the applicant is not the owner of record of the real property upon which the business or proposed business is or is to be located, the application must be accompanied by a notarized statement from the legal or equitable owner(s) of the possessory interest in the property specifically acknowledging that the type of business for which the applicant seeks a license is to operate a sexually oriented business on the property. In addition to furnishing such notarized statement, the applicant shall furnish the name, address, and phone number of the owner of record of the property, as well as the copy of the lease or rental agreement pertaining to the premises on which the service is or will be located.
L. A description of the services to be provided by the business, with sufficient detail to allow reviewing authorities to determine what business will be transacted on the premises, together with a schedule of usual fees for services to be charged by the licensee and any rules, regulations or employment guidelines under or by which the sexually oriented business intends to operate. This description shall also include:
1. The hours that the business will be open to the public and the methods of promoting the health and safety of employees and patrons and preventing them from engaging in illegal activity;
2. The methods of supervision preventing the employees from engaging in acts of prostitution or other related criminal activities;
3. The methods of supervising employees and patrons to prevent employees and patrons from charging or receiving fees for services or acts prohibited by this chapter or other statutes or ordinances;
4. The methods of screening employees and customers in order to promote the health and safety of employees and customers and prevent the transmission of disease, and prevent the commission of acts or prostitution or other criminal activity.
M. The following must be attached to the application form for any license under this chapter:
1. Two color photographs of the applicant clearly showing the individual’s face and the individual’s fingerprints on a form provided by the Midvale police department. For persons not residing in Midvale, the photographs and fingerprints shall be on a form from the law enforcement jurisdiction where the person resides. Fees for the photographs and fingerprints shall be paid by the applicant directly to the issuing agency;
2. A statement detailing the license or permit history of the applicant for the five-year period immediately preceding the date of the filing of the application, including whether such applicant possessed or previously possessed any liquor licenses. The statement shall list all other jurisdictions in which the applicant owned or operated, or presently owns or operates a sexually oriented business. The statement shall also state whether the applicant has ever had a license, permit, or authorization to do business denied, revoked, or suspended in this or any other county, city, state, or territory. In the event of any such denial, revocation, or suspension, state the date, the name of issuing or denying jurisdiction, and state in full the reasons for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application; and
3. A statement detailing all criminal convictions, pleas of no contest except those which have been expunged, and pleas that are currently being held in abeyance and have not yet been dismissed, for the applicant, individual, or entity subject to disclosure under this chapter for five years prior to the date of the application. This disclosure shall include identification of all ordinance violations, excepting minor traffic offenses, any traffic offense designated as a felony shall not be construed as a minor traffic offense; stating the date, place, nature of each conviction, plea of no contest, except those which have been expunged, and plea that is currently being held in abeyance and has not yet been dismissed, and sentence of each conviction or other disposition; identifying the convicting jurisdiction and sentencing court and providing the court identifying case numbers or docket numbers.
N. Each applicant is required to meet with the police chief of Midvale or his/her designee. (Ord. 10/6/2009O-18 § 2 (part))