§ 17-324. Application required; contents; fee; rejection of incomplete application; consent by applicant.

(a)

Any person desiring to operate an adult use establishment shall file with the POD a sworn license application on a standard application form supplied by the POD.

(b)

The application 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 legal name and any aliases and submit satisfactory proof that he is at least 18 years of age;

b.

A partnership. The partnership shall state its complete name, the names of all partners having either direct, managerial, supervisory or advisory responsibilities for day-to-day operations of the adult use, and whether the partnership is general or limited;

c.

A corporation. The corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing, the names and capacity of all officers, directors, and stockholders having either direct, managerial, supervisory or advisory responsibilities for day-to-day operations of the adult use and, if applicable, the name of the registered corporate agent and the address of the registered office for service of process.

(2)

A recent photograph of the individuals listed pursuant to subsection (b)(1) of this section.

(3)

Either the driver's license number or the State or federally issued identification card number of the individuals listed pursuant to subsection (b)(1) of this section.

(4)

If the applicant intends to conduct the adult use establishment under a name other than that of the applicant, the establishment's fictitious name and a certified copy of the applicant's registration with the State under the fictitious name law.

(5)

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, the place of conviction, and the sentence imposed.

(6)

Whether the applicant or any of the other individuals listed pursuant to subsection (b)(1) of this section has had a previous license or permit, under this article or any other ordinance or law regulating adult uses in any jurisdiction, suspended or revoked, or by court order required to cease operation. Such information shall include the name and location of the establishment for which the license was suspended or revoked, as well as the date of the 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 whose license under this article or any other ordinance regulating adult uses in any jurisdiction has previously been suspended or revoked, including the name and location of the establishment for which the license was suspended or revoked, as well as the date of the suspension or revocation.

(7)

Whether the applicant or any other individuals listed pursuant to subsection (b)(1) of this section holds any other licenses under this article and, if so, the names and locations of such other licensed establishments.

(8)

The type of adult use for which the applicant is seeking a license, including a statement concerning the degree to which the anticipated activities at the adult use meet the definitions of the enumerated adult use classifications. Such a characterization shall serve as an initial basis for the permitted activities allowed under the license issued.

(9)

The location of the proposed establishment including a legal description of the property site, and a legal street address.

(10)

The names of the employees for the proposed establishment, if known, or if presently unknown, a statement to that effect.

(11)

The applicant's mailing address, current business and residential addresses, and current business and residential telephone numbers, if any.

(12)

A site plan of the proposed or existing establishment. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required unless so required by another Code. Each site plan should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The site plan shall include, but not be limited to, the following:

a.

All property lines, rights-of-way, and the location of buildings, parking areas and spaces, curb cuts, and driveways;

b.

All windows, doors, entrances and exits, fixed structural features, walls, stages, partitions, projection booths, admission booths, adult booths, concession booths, stands, food service equipment, counters and similar structures;

c.

All proposed improvements or enlargements to be made, which shall be indicated and calculated in terms of percentage of increase in floor size;

d.

A designation of any portion of the premises in which patrons will not be permitted;

e.

If a proposed establishment is constructed in a manner that varies from the site plan submitted, a supplemental site plan showing the existing facility shall be provided, once the certificate of occupancy or final building permit inspection is completed.

(13)

A valid adult use permit signed by the POD.

(14)

A sworn statement attesting to the accuracy of the information provided in the application and to the fact that the applicant, as licensee, will own, possess, operate and exercise control over the proposed or existing adult use establishment.

(c)

Application fees. Each application for an adult use license shall be accompanied by a nonrefundable fee in an amount required to offset the cost of processing the application as established by the City Council. In addition to the application fee, the actual cost charged in obtaining an FDLE report for each person to be investigated shall be paid. If the application for a license is approved and a license is granted, the fee shall be applied as a credit towards the annual adult use license fee required for the first year.

(d)

Incomplete application.

(1)

In the event the POD determines that the applicant has not properly completed the application for a proposed adult use establishment pursuant to the requirements of this section, the POD shall promptly notify the applicant of such fact and the time period for granting or denying a license hereunder shall be stayed during the period in which the applicant is allowed an opportunity to respond to the notice.

(2)

If the applicant agrees that the application is incomplete, the time period for granting or denying a license hereunder shall not begin to run until the application is complete. Failure to respond to a request for information necessary to complete the application within 30 days shall result in a denial of the application on the basis of abandonment and the applicant shall be refunded that portion of the fee applicable to the background investigations if the investigations did not occur. This denial shall be without prejudice to the applicant's right to reapply.

(3)

If the applicant denies that the application is incomplete with respect to information that would otherwise be material false information, the POD shall grant or deny the application on the strength of the information provided with the approval or denial letter stating the reasons therefor.

(4)

If the applicant denies that the application is incomplete with respect to subsections (b)(1) through (b)(14) of this section, the POD shall treat the application as abandoned and deny the application pursuant to subsection (d)(2) of this section.

(Code 1992, § 17-305; Ord. No. 307-G, § 1, 1-8-1998)