A. 
It is unlawful:
(1) 
For any person to operate a sexually oriented business without a valid sexually oriented business license issued by the City pursuant to this chapter.
(2) 
For any person who operates a sexually oriented business to employ, contract with, arrange or allow or permit a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the City pursuant to this chapter.
(3) 
For any person to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this chapter.
B. 
An application for a license must be made on a form provided by the City.
C. 
All applicants must be qualified according to the provisions of this chapter. The application may request and the applicant shall provide such information (including fingerprints) as to enable the City to determine whether the applicant meets the qualifications established in this chapter.
A. 
A person who wishes to operate a sexually oriented business must sign the application for a license as an applicant. If a person other than an individual wishes to operate a sexually oriented business, all persons legally responsible for the operations of the sexually oriented business or who have power to control or direct its operations must sign the application for a license as applicant. Such persons include, but are not limited to, general partners, corporate officers, corporate directors, and controlling shareholder(s). Each application must be qualified under the following section and each applicant shall be considered a licensee if a license is granted.
B. 
The completed application for a sexually oriented business license shall contain the following information and shall be accompanied by the following documents:
(1) 
If the applicant is:
(a) 
An individual, the individual shall state his/her legal name and any aliases and submit proof that he/she is 19 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 the laws of its state of incorporation, the names and capacity of all officers, directors and controlling 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; he or she must:
(a) 
State the sexually oriented business's fictitious name; and
(b) 
Submit the required registration documents.
(3) 
Whether the applicant has been convicted of a specified criminal activity as defined in this chapter, and, if so, the specified criminal activity involved, the date, place, and jurisdiction of each.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
Whether the applicant has had a previous license under this chapter or other sexually oriented business ordinance from another city or county 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 has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this chapter whose license 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.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
Whether the applicant holds any other licenses under this chapter or other sexually oriented business ordinance from another city or county and, if so, the names and locations of such other licensed businesses.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(6) 
A description of each classification of sexually oriented business for which the applicant submits an application for a license.
(7) 
The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number(s), if any.
(8) 
The applicant's mailing address and residential address.
(9) 
A recent photograph of the applicant(s).
(10) 
The date, issuing state and number of driver's permit or other identification card information for the applicant.
(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.
(12) 
A current certificate and straight-line drawing prepared within 30 days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within 400 feet of the property to be certified; the property lines of any established religious institution/synagogue, school, or public park or recreation area within 400 feet of the property to be certified. For purposes of this subsection, a use shall be considered existing or established if it is in existence at the time an application is submitted.
(13) 
If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, videocassettes, compact discs, digital video discs or other video reproductions, or live entertainment which depicts specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in § 329-4.3.
A. 
Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit on a form to be provided by the City the following information:
(1) 
The applicant's name or any other name (including "stage" names) or aliases used by the individual;
(2) 
Age, date, and place of birth;
(3) 
Height, weight, hair and eye color;
(4) 
Present residence address and telephone number;
(5) 
Present business address and telephone number;
(6) 
Date, issuing state and number of driver's permit or other identification card information; and
(7) 
Proof that the individual is at least 19 years of age.
B. 
Attached to the application form for a sexually oriented business employee license as provided above shall be the following:
(1) 
A color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by the Police Department. Any fees for the photographs and fingerprints shall be paid by the applicant.
(2) 
A statement detailing the license history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate, in this or any other county, city, state, or country or has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name of the issuing or denying jurisdiction, and describe in full the reason for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.
(3) 
A statement whether the applicant has been convicted of a specified criminal activity as defined in this chapter and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.
A. 
Employee licenses. Upon the filing of a application for a sexually oriented business employee license, the City shall issue a temporary license to said applicant. The application shall then be referred to the appropriate City departments for an investigation to be made on such information as is contained on the application. The application process shall be completed within 30 days from the date the completed application is filed. After the investigation, the City shall issue a license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(1) 
The applicant has failed to provide information reasonable necessary for issuance of the license or has falsely answered a question or request for information on the application form;
(2) 
The applicant is under the age of 19 years;
(3) 
The applicant has been convicted of a specified criminal activity as defined in this chapter;
(4) 
The sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by a particular provision of this chapter; or
(5) 
The applicant has had a sexually oriented business employee license revoked in this City or in any other jurisdiction within five years of the date of the current application. If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in § 329-3.9.
B. 
A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the City that the applicant has not been convicted of any specified criminal activity as defined in this chapter or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in § 329-3.5.
C. 
Business licenses.
(1) 
Within 30 days after receipt of a completed sexually oriented business application, the City shall approve or deny the issuance of a license to an applicant. The City shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(a) 
An applicant is under 19 years of age.
(b) 
An applicant is overdue in payment to the City of taxes, fees, fines, utility services, or penalties assessed against or imposed upon him/her in relation to any business.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(c) 
An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.
(d) 
The applicant has had a previous license under this chapter or other sexually oriented business ordinance from another city or county 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 has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this chapter whose license 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.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(e) 
An applicant has been convicted of a specified criminal activity defined in this chapter.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(f) 
The premises to be used for the sexually oriented business have not been approved by the Health Department, Fire Department, and the Building Official as being in compliance with applicable laws and ordinances.
(g) 
The license fee required by this chapter has not been paid.
(h) 
An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.
(2) 
The license, if granted shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business and the classification for which the license is issued pursuant to § 329-2.2. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.
(3) 
The Health Department, Fire Department, and the Building Official shall complete their certification that the premises are in compliance or not in compliance within 20 days of receipt of the application by the City.
(4) 
A single sexually oriented business license shall issue for the premises although there may be more than one classification of sexually oriented business for such premises as described pursuant to § 329-3.2B(6) of this chapter. In the event that the applicant wishes to add an additional category of sexually oriented business that is not described in the application for the premises, then a new application describing such additional classification of sexually oriented business must be submitted and a new license obtained for the premises before the additional sexually oriented business so described may be operated on the premises.
A. 
Every application for a sexually oriented business license (whether for a new license or for renewal of an existing license) shall be accompanied by an application and investigation fee as set from time to time by the City Council.
B. 
In addition to the application and investigation fee required above, every sexually oriented business that is granted a license (new or renewal) shall pay to the City an annual license fee, as set from time to time by the City Council, within 30 days of license issuance or renewal.
C. 
Every application for a sexually oriented business employee license (whether for a new license or for renewal of an existing license) shall be accompanied by an annual application, investigation, and license fee as set from time to time by the City Council.
D. 
All license applications and fees shall be submitted to the Clerk of the City prior to the issuance of the license.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
An applicant or licensee shall permit representatives of the Police Department, Health Department, Fire Department, Zoning Department, or other City departments or agencies to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.
B. 
A person who operates a sexually oriented business or his agent or employee commits a misdemeanor if he refuses to permit such lawful inspection of the premises at any time it is open for business.
A. 
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in §§ 329-3.1 through 329-3.3. Application for renewal shall be made at least 30 days before the expiration date; and when made less than 30 days before the expiration date, the expiration of the license will not be affected.
B. 
When the City denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the City finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final.
The City shall suspend a license for a period not to exceed 90 days if it determines that a licensee or an employee of a licensee has:
A. 
Violated or is not in compliance with any section of this chapter.
B. 
Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter.
A. 
The City shall revoke a license if a cause of suspension in § 329-3.8 occurs and the license has been suspended within the preceding 12 months.
B. 
The City shall revoke a license if it determines that:
(1) 
A licensee gave false or misleading information in the material submitted during the application process;
(2) 
A licensee has knowingly allowed possession, use, or sale of controlled substances on the premises;
(3) 
A licensee has knowingly allowed prostitution on the premises;
(4) 
A licensee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;
(5) 
Except in the case of an adult motel, a licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises; or
(6) 
A licensee is delinquent in payment to the City, county, or state for any taxes or fees past due, or payment for utility services.
C. 
When the City revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date the revocation became effective. If, subsequent to revocation, the City finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective.
D. 
After denial of an application, or denial of a renewal of an application, or suspension or revocation of any license, the applicant or licensee may seek prompt judicial review of such administrative action in the District Court of Seward County.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A licensee shall not transfer his/her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.