A. 
It is unlawful:
(1) 
For any person to operate an adult entertainment establishment without a valid adult entertainment establishment license issued by the Town pursuant to this chapter.
(2) 
For any person who operates an adult entertainment establishment to employ a person to work for the adult entertainment establishment who is not licensed as an adult entertainment establishment employee by the Town pursuant to this chapter.
(3) 
For any person to obtain employment with an adult entertainment establishment without having secured an adult entertainment establishment employee license pursuant to this chapter.
B. 
An application for a license must be made on a form provided by the Town.
C. 
All applicants must be qualified according to the provisions of this chapter. The application may request, and the applicant shall provide, information such as, but not limited to, fingerprints as to enable the Town to determine whether the applicant meets the qualifications established in this chapter.
D. 
If a person who wishes to operate an adult entertainment establishment is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate an adult entertainment establishment is other than an individual, each individual who has an influential interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the following section, and each applicant shall be considered a licensee if a license is granted.
E. 
The completed application for an adult entertainment establishment 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 a document issued by a governmental agency that he/she is not a minor;
(b) 
A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and submit 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 and that it is qualified to do business in the State of New York, 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 a person who seeks an adult entertainment establishment license under this section is an individual, he/she shall sign the application for a license as applicant. If a person who seeks an adult entertainment establishment license is other than an individual, each person with an influential interest in the adult entertainment establishment or in a legal entity that controls the adult entertainment establishment shall sign the application for a license as applicant. Each applicant must be qualified under this chapter, and each applicant shall be considered a licensee if a license is granted.
(3) 
If the applicant intends to operate the adult entertainment establishment under a name other than that of the applicant, he or she must:
(a) 
State the adult entertainment establishment's fictitious name; and
(b) 
Submit the certificate of assumed name or business certificate that is required to be filed with the county in accordance with § 130(1)(a) of the General Business Law of the State of New York.
(4) 
Whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity as defined in this chapter and, if so, the specified criminal activity involved and the date, place, and jurisdiction of each conviction.
(5) 
A passport photograph of each applicant.
(6) 
Each applicant's driver's license number, social security number and his/her state or federally issued tax identification number.
(7) 
A set of fingerprint impressions of the fingers and thumbs on both hands taken by the Sheriff. The Sheriff shall provide this service upon payment of the nominal fee for such service. The Sheriff is authorized to forward the said fingerprints to the New York State Division of Criminal Justice Services for a criminal convictions investigation. The Sheriff shall secure from the applicant the required fee for said investigation in the form of a check or money order made payable to the New York State Division of Criminal Justice Services and shall forward said payment together with the fingerprints to the said agency. The information secured as a result of said investigation shall be reviewed by the Sheriff, who shall thereafter make his or her report to the Code Enforcement Officer.
(8) 
Whether the applicant has had a previous license under this chapter or other similar adult entertainment establishment local laws from another state or municipality or county denied, suspended or revoked, including the name and location of the adult entertainment establishment 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 a person residing with 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 adult entertainment establishment for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
(9) 
Whether the applicant holds any other licenses under this chapter or other similar adult entertainment establishment local laws from another state or municipality and, if so, the names and locations of such other licensed businesses.
(10) 
A statement pertaining to compliance with the security guard provisions of this chapter and a legible copy of each guard's valid registration card to perform security guard functions issued by the New York State Department of State, Division of Licensing Services, which has not expired or been revoked or suspended.
(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 map prepared within 60 days prior to application by a registered land surveyor depicting the property lines, the existing or proposed adult entertainment establishment, and the minimum setback dimensions to occupancy types and/or structures prescribed in this chapter.
(13) 
An application for an adult entertainment establishment license shall be accompanied by written documentation that the adult entertainment establishment has a current comprehensive general liability insurance policy, issued by a company with an AM Best rating of "A-" or higher, with coverage equal to or in excess of $1,000,000 per occurrence and in the aggregate, for bodily injury, personal injury, and property damage.
(14) 
An application for an adult entertainment establishment license shall set forth the name and phone number(s) of an individual who shall provide Town officials and/or any duly appointed representatives access to the floor area of the adult entertainment establishment premises during business hours, for the limited purpose of verifying compliance with the specific standards set forth in this chapter.
F. 
The completed application for an adult entertainment establishment employee license shall contain the following information and shall be accompanied by the following documents:
(1) 
The applicant's name and any other name (including stage names) and aliases used by the individual;
(2) 
Present residence address and telephone number;
(3) 
Date, issuing state and number of driver's permit or other identification card information;
(4) 
Social security number;
(5) 
Documentation issued by a governmental agency that the individual is not a minor;
(6) 
A passport photograph of the applicant;
(7) 
A set of fingerprint impressions of the fingers and thumbs on both hands taken by the Sheriff. The Sheriff shall provide this service upon payment of the nominal fee for such service. The Sheriff is authorized to forward the said fingerprints to the New York State Division of Criminal Justice Services for a criminal convictions investigation. The Sheriff shall secure from the applicant the required fee for said investigation in the form of a check or money order made payable to the New York State Division of Criminal Justice Services and shall forward said payment together with the fingerprints to the said agency. The information secured as a result of said investigation shall be reviewed by the Sheriff, who shall thereafter make his or her report to the Code Enforcement Officer;
(8) 
Whether the applicant holds any other licenses under this chapter or other similar adult entertainment establishment local laws from another state or municipality and, if so, the names and locations of such other licensed businesses;
(9) 
A statement as to whether the applicant has been convicted of a specified criminal activity as defined in this chapter and, if so, the specified criminal activity involved and the date, place and jurisdiction of each.
G. 
The information provided pursuant to this section shall be submitted in writing to the Code Enforcement Officer within 10 working days of a change of circumstances which would render the information originally submitted false or incomplete. The information provided by an applicant in connection with an application for a license under this chapter shall be maintained by the Code Enforcement Officer on a confidential basis, and such information may be disclosed only as may be required, and only to the extent required, by state law.
A. 
Upon the filing of said application for an adult entertainment establishment employee license, the Town shall issue a temporary license to said applicant. The application shall then be referred to the appropriate Town or county departments for an investigation to be made on such information as is contained on the application. The application process shall be completed within 90 days from the date the application is deemed complete.
(1) 
After the investigation, the Town shall issue a license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(a) 
The 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;
(b) 
The applicant is a minor;
(c) 
The applicant has been convicted of a specified criminal activity as defined in this chapter;
(d) 
The adult entertainment establishment 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
(e) 
The applicant has had an adult entertainment establishment employee license revoked by the Town within three years of the date of the current application.
(2) 
If the adult entertainment establishment 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 this chapter.
B. 
A license granted pursuant to this section, whether an adult entertainment establishment employee license or an adult entertainment establishment license, shall be subject to annual renewal upon the written application of the applicant and a finding by the Town 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 this chapter.
C. 
Within 90 days after receipt of a completed adult entertainment establishment application, the Town shall approve or deny the issuance of a license to an applicant. The Town 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:
(1) 
An applicant is a minor.
(2) 
An applicant is overdue in payment to the county and/or Town of taxes, fees, fines, or penalties assessed against or imposed upon him/her.
(3) 
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.
(4) 
An applicant has been denied a license by the Town to operate an adult entertainment establishment within the preceding three years or the applicant's license to operate an adult entertainment establishment has been revoked within the preceding three years.
(5) 
An applicant has suffered or permitted the establishment, through improper or inadequate maintenance and supervision, to be used for the commission of any specified criminal activity as defined in this chapter.
(6) 
An applicant has been convicted of a specified criminal activity defined in this chapter.
(7) 
The establishment to be used for an adult entertainment establishment has not been granted a special use permit by the Planning Board.
(8) 
Within the prior twenty-four-month period, any of the following have occurred on the premises of the establishment due to the knowing, reckless, or negligent conduct of an applicant:
(a) 
Fights, assaults, or other disturbances of a similar nature have occurred on the premises.
(b) 
Violations of the Alcoholic Beverage Control Law of the State of New York.
(9) 
Within the prior sixty-month period, any of the following have occurred due to the knowing, reckless, or negligent conduct of an applicant:
(a) 
A fire on the adult entertainment establishment premises resulting in death or serious physical injury, as defined in § 10 of the Penal Law of the State of New York.
(b) 
Death or serious physical injury, as defined in § 10 of the Penal Law of the State of New York, arising out of an incident on the adult entertainment establishment premises.
(c) 
A riot, as defined in § 240.05 of the Penal Law of the State of New York, taking place upon the premises or arising out of an incident on the premises and taking place, in whole or in part, within 250 feet of the adult entertainment establishment premises.
(10) 
Any adult entertainment establishment in which an applicant has had an influential interest has in the previous five years, and at a time during which the applicant had the influential interest, been:
(a) 
Declared by a court of law to be a nuisance;
(b) 
Subject to an order of closure or padlocking; or
(c) 
Found to have violated Article 4 of the Labor Law of the State of New York relating to employment of minors.
(11) 
The adult entertainment establishment is not covered by a current comprehensive general liability insurance policy that satisfies the requirements set forth in this chapter.
(12) 
The license fee required by this chapter has not been paid.
(13) 
An applicant or the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter, the Code of the Town of Milo or the New York State Fire Prevention and Building Code.
D. 
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 adult entertainment establishment and the classification for which the license is issued pursuant to this chapter. All licenses shall be posted in a conspicuous place at or near the entrance to the adult entertainment establishment so that they may be easily read at any time.
E. 
An adult entertainment establishment license shall issue for only one classification as found in this chapter.
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in this chapter. Application for renewal shall be made at least 30 days before the expiration date of the previously issued license.
The Town 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 any section of this chapter; or
B. 
Refused to allow an inspection of the adult entertainment establishment premises as authorized by this chapter.
A. 
The Town shall revoke a license if it determines that:
(1) 
A license has been suspended for more than 90 days and the licensee or employee of a licensee continues to be in violation of this chapter;
(2) 
A licensee gave false or misleading information in the material submitted during the application process;
(3) 
A licensee has been convicted of a crime pertaining to the possession, use, or sale of controlled substances on the premises;
(4) 
A licensee has been convicted of a crime pertaining to prostitution on the premises;
(5) 
A licensee operated the adult entertainment establishment during a period of time when the licensee's license was suspended; or
(6) 
Except in the case of an adult motel, a licensee has been convicted of a crime pertaining to any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises.
B. 
When the Town revokes a license, the revocation shall continue for one year, and the licensee shall not be issued an adult entertainment establishment license for one year from the date the revocation became effective. If, subsequent to revocation, the Town 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.
A licensee shall not transfer his/her license to another, nor shall a licensee operate an adult entertainment establishment under the authority of a license at any place other than the address designated in the application.