A.
It shall be unlawful for any person to operate an adult-oriented
business in the Town of Denton without a valid adult-oriented business
license.
B.
It shall be unlawful for any person to manage an adult-oriented business
without a valid adult-oriented business manager license.
C.
It shall be unlawful for any person to perform in an adult cabaret
without a valid adult-oriented business performer license.
An applicant for an adult-oriented business license, an adult-oriented
business manager license, or an adult-oriented business performer
license shall comply with the following:
A.
An applicant for an adult-oriented business license, an adult-oriented business manager license, or an adult-oriented business performer license shall file, in person, at the Town Manager's office a completed application made on a form provided by the Town. The application shall be signed by all persons required to sign under this section and shall be notarized. An application shall be considered complete when it contains, for each person required to sign the application, the information and/or items required in Subsection A(1) through (7) below, accompanied by the appropriate fee identified herein:
(1)
The applicant's full true name and any other names used by the
applicant in the preceding 10 years.
(2)
Current business address or another mailing address of the applicant.
(3)
Written proof of age, in the form of a driver's license or a
copy of a birth certificate, accompanied by a picture identification
document issued by a governmental agency.
(4)
The business name, location, legal description, mailing address and
phone number of the adult-oriented business.
(5)
For adult-oriented business licenses, the name and business address
of the statutory agent or other agent authorized to receive service
of process.
(6)
A statement of whether an 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, each specified criminal activity
involved, including the date, place, and jurisdiction of each as well
as the dates of conviction and release from confinement, where applicable.
(7)
A statement of whether any adult-oriented business in which an applicant
has had an influential interest has, in the previous 10 years (and
at a time during which the applicant had the influential interest):
B.
The information provided pursuant to Subsection A(1) through (7) of this section shall be supplemented, in writing, by certified mail, return receipt requested, to the Town Manager's office within 10 working days of a change of circumstances which would render the information originally submitted false or incomplete.
C.
An application for an adult-oriented business license shall be accompanied by a legal description of the property where the business is located and 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 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. Applicants who are required to comply with § 30-17 of this chapter shall submit a diagram indicating that the interior configuration meets the requirements of those sections.
D.
If a person who wishes to operate an adult-oriented business is an individual, he shall sign the application for a license as applicant. If a person who wishes to operate an adult-oriented business is other than an individual, each person with an influential interest in the business shall sign the application for a license as applicant. Each applicant must meet the qualifications specified in Subsection A herein, and each applicant shall be considered a licensee if a license is granted.
E.
The information provided by an applicant in connection with an application
for a license under this chapter shall be maintained by the Town Manager's
office.
Within 20 days of the filing date of a completed adult-oriented
business license, an adult-oriented business manager license, or an
adult-oriented business performer license application, the Town Manager
shall issue a license to the applicant or issue to the applicant a
letter of intent to deny the application. The Town Manager shall issue
a license unless:
A.
An applicant is less than 18 years of age.
B.
An applicant has failed to provide information as required for issuance
of a license or has falsely answered a question or request for information
on the application form.
C.
The license application fee required by this chapter has not been
paid.
F.
An applicant has been convicted of or pled guilty or nolo contendere
to a specified criminal activity, as defined in this chapter within
10 years.
G.
Less than 12 months have expired since a license issued to the licensee
was revoked.
The initial license and annual renewal fees for adult-oriented
business licenses shall be as follows: $750 for the initial fee for
an adult-oriented business license and $250 for annual renewals. The
initial license and annual renewal fees for an adult-oriented business
manager license or an adult-oriented business performer license shall
be as follows: $150 for the initial fee for an adult-oriented business
manager license or an adult-oriented business performer license and
$100 for annual renewals. In addition to the license fee set forth
herein, the applicant for a license shall also be required to pay
for the cost of each background check required for each license.
Adult-oriented businesses shall permit the Town Manager or his
designee to inspect, from time to time on an occasional basis, the
portions of the adult-oriented business premises where patrons are
permitted, for the purpose of ensuring compliance with the specific
regulations of this chapter, during those times when the adult-oriented
business is occupied by patrons or is open to the public.
A.
Each license shall remain valid for a period of one calendar year
from the date of issuance unless otherwise suspended or revoked. Such
license may be renewed only by making application and payment of a
fee as provided herein.
B.
Application for renewal should be made pursuant to the procedures
set forth herein at least 90 days before the expiration date.
A.
The Town may suspend or revoke a license if:
(1)
The applicant or licensee does not pay a fee required by this chapter.
(2)
The premises of the adult-oriented business fails an inspection required
by this article.
(3)
The licensee or an employee of the licensee refuses to allow an inspection
of the adult-oriented business as provided for by this article.
(4)
The applicant or licensee fraudulently or deceptively obtains or
attempts to obtain a license for the applicant or licensee or for
another.
(5)
The applicant or licensee fraudulently or deceptively uses a license.
(6)
The applicant or licensee pleads guilty or nolo contendere with respect
to, receives probation before judgment with respect to, or is convicted
of a violation of:
(7)
In the two years before the suspension or revocation, the licensee,
the licensee's spouse, or an individual with whom the licensee
resides pleaded guilty or nolo contendere with respect to, received
probation before judgment with respect to, or was convicted of a violation
of:
B.
In addition to the authority granted by Subsection A of this section, the Town may suspend or revoke a license if:
(1)
A licensee or an employee of the adult-oriented business has knowingly
allowed on the premises the possession, use, or sale of a controlled
dangerous substance listed in Maryland Annotated Code, Criminal Law,
§ 5-401 et seq., as may be amended from time to time;
(2)
A licensee or an employee of the adult-oriented business has knowingly
allowed prostitution on the premises;
(3)
A licensee or an employee of the adult-oriented business has knowingly
allowed a sexual act on the premises;
(4)
A licensee or an employee of the licensee has knowingly operated
the adult-oriented business when the license was suspended; or
(5)
In the preceding year two or more employees of the Adult Oriented
Business have pleaded guilty or nolo contendere with respect to, received
probation before judgment with respect to, or been convicted of a
violation of any specified criminal activity as defined herein.
A decision by the Town Manager to deny, suspend, or revoke a
license may be appealed to a court of competent jurisdiction per the
provisions providing for judicial review of administrative agency
decisions found in Maryland Rule 7-201 et seq.
A licensee shall not transfer his or her license to another,
nor shall a licensee operate an adult-oriented business under the
authority of a license at any place other than the address designated
in the adult-oriented business license application.
