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:
(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:
(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:
(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.
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.
