§ 26-187. Application.

(a)

An application for a permit required by this division must be made on a form provided by the county community development services division. Any person desiring to operate a sexually-oriented business shall file with the community development services division an original and two copies of a sworn permit application on the standard application form supplied by the community development services division administrator or his designee.

(b)

The completed application shall contain the following information and shall be accompanied by the following documents and information:

(1)

If the applicant is:

a.

An individual, the individual shall state his legal name and any aliases and submit satisfactory proof that he 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 state law, the names and capacity of all officers, directors and principal 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 sexually-oriented business under a name other than that of the applicant, the sexually-oriented business's fictitious name and the county of registration under F.S. § 865.09.

(3)

Whether the applicant or any of the other individuals listed pursuant to subsection (b)(1) of this section has, within the five-year period immediately preceding the date of the application, been convicted of a specified criminal act, and, if so, the specified criminal act involved, the date of conviction and the place of conviction.

(4)

Whether the applicant or any of the other individuals pursuant to subsection (b)(1) of this section has had a previous permit under this division denied, suspended or revoked, including the name and location of the sexually-oriented 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 any other individuals listed pursuant to subsection (b)(1) of this section has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is permitted under this division whose permit has previously been denied, suspended or revoked, including the name and location of the sexually-oriented 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 any other individual listed pursuant to subsection (b)(1) of this section holds any other permits under this article and, if so, the names and locations of such other permitted businesses.

(6)

The single classification of permit for which the applicant is filing. The applicant shall state the general nature of the type of sexually-oriented business for which the applicant is seeking a permit, including the degree to which the anticipated activities at the business meet the definitions of the enumerated sexually-oriented businesses at sections 26-152 and 26-156. Such a statement shall serve as the initial basis for the permitted activities allowed under any permit that is issued.

(7)

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

(8)

The applicant's mailing address and residential address.

(9)

A recent photograph of the applicant and of any person listed pursuant to subsection (b)(1) of this section.

(10)

The applicant's driver's permit number, Social Security number, and/or his state or federally issued tax identification number. The same information shall be provided for any person listed pursuant to subsection (b)(1) of this section.

(11)

A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but it must 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 shall designate any portion of the premises in which patrons will not be permitted.

(12)

A current certificate and straight-line drawing prepared within 30 days prior to application by a state registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this article within 1,500 feet of the property to be certified; the property lines of any established church/synagogue, school, child care center or public recreation area within 1,000 feet of the property to be certified; and the property lines of any residentially zoned area within 500 feet of 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 a person who wishes to operate a sexually-oriented business is an individual, he must sign the application for a permit as applicant. If a person who wishes to operate a sexually-oriented business is other than an individual, each individual who has a ten percent or greater interest in the business must sign the application for a permit as applicant. If a corporation is listed as owner of a sexually-oriented business or as the entity which wishes to operate such a business, each individual having a ten percent or greater interest in the corporation must sign the application for a permit as applicant.

(14)

If a person wishes to operate a sexually-oriented business which shall exhibit on the premises films, videocassettes, or other video reproductions which depict specified sexual activities or specified anatomical areas, then said person shall comply with the application requirements stated at section 26-163(a).

(15)

The names of the employees for the proposed sexually-oriented business, if known, or, if presently unknown, a statement to that effect.

(c)

Applicants for a permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within 30 days from the date of such change, by supplementing the application on file with the division administrator or his designee, shall be grounds for suspension of a permit.

(d)

In the event that the community development services division administrator or his designee determines or learns at any time that the applicant has not properly completed the application for a proposed sexually-oriented business, he shall promptly notify the applicant of such fact and allow the applicant ten days to properly complete the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.

(e)

By applying for a permit under this division, the applicant shall be deemed to have consented to the provisions of this article and to the exercise by the community development services division administrator, or his designee, the sheriff's office and all other county agencies or state or municipal agencies or officers charged with enforcing the laws, ordinances and codes applicable in the county of their respective responsibilities under this article.

(Ord. No. 91-83, § 6(c)—(f), (k))