§ 3-27. Application for license required; contents; application fee; consent by applicant.

(a)

Required. Any person desiring to operate an adult entertainment establishment shall file with the tax collector a sworn license application on standard application forms supplied by the tax collector.

(b)

Contents of application. The completed 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 eighteen (18) years of age;

b.

A partnership, the partnership shall state its complete name, and the names, residential addresses and residential telephone numbers of all partners, whether the partnership is general or limited, the name, residential address, and residential telephone number of at least one (1) person in Florida who is authorized to accept service of process, and a copy of the partnership agreement; or

c.

A corporation, the corporation shall state its complete name, state the date of its incorporation, evidence that the corporation is in good standing, provide a copy of the articles of corporation and by-laws, state the name, capacity, residential address, and residential telephone number of all officers and directors, the name of the registered corporate agent, the address of the registered office for service of process, and the name, residential address, residential telephone number and title or capacity of the person who makes the application on behalf of the corporation;

(2)

If the applicant intends to conduct the establishment under a name other than that of the applicant, the establishment's fictitious name and the county of registration under F.S. § 865.09;

(3)

Whether the applicant or any of the other individuals listed pursuant to subsection (1) has, within the five (5) year period immediately preceding the date of the application, been convicted of a state felony offense, any specified criminal act (or an offense under an analogous statute of the United States or a state other than Florida), or a violation of this chapter (or a violation of an analogous ordinance of another county or city), and, if so, the specified criminal act or other such offense described above that was involved, the date of conviction, and the place of conviction;

(4)

Whether the applicant or any of the other individuals listed pursuant to subsection (1) has had a previous license under this chapter 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, and whether the applicant or any other individuals listed pursuant to subsection (1) has been a partner in a partnership or an officer or director of a corporation whose license under this chapter 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;

(5)

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

(6)

The single classification of license for which the applicant is filing;

(7)

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

(8)

The names of each person who has the right or authority to manage or control the day-to-day operation of the proposed establishment, and such person's mailing address, residential address, business address, residential telephone number, and business telephone number, or, if the person is a corporation, the same information shall be provided for its officers and directors;

(9)

The applicant's mailing address, residential address, business address, residential telephone number and business telephone number;

(10)

A site plan drawn to appropriate scale of the proposed establishment, including, but not limited to:

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, 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;

(11)

A recent photograph of the applicant;

(12)

The applicant's social security number or the applicant's employer tax identification number and either the applicant's driver's license number or his state or federally issued identification card number;

(13)

If the applicant is not the owner of the subject real property, the applicant shall produce both a notarized statement evidencing that the owner of the subject real property has approved of or consented to the application for an adult entertainment license, and a copy of the lease or other rental agreement along with any related documentation; and

(14)

If the applicant is not the owner, the applicant shall provide the name, address and telephone number of the owner.

(c)

Application fee. Each application shall be accompanied by a nonrefundable fee of two hundred dollars ($200.00), subject to adjustment from time to time by resolution of the board of county commissioners. Such application fee shall be used to defray the costs and expenses incurred by the various departments in reviewing the application. If the application for a license is approved and a license is granted, the fee shall be applied as a credit towards the annual license fee required for the first year pursuant to section 3-31 of this chapter.

(d)

Consent. By applying for a license under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise by the tax collector and the departments of their respective responsibilities under this chapter.

(Code 1965, § 1A-23; Ord. No. 87-06, § 1, 2-9-87; Ord. No. 87-38, § 1, 11-9-87; Ord. No. 90-05, § 1, 4-9-90; Ord. No. 96-34, § 8, 10-29-96; Ord. No. 97-20, § 6, 12-2-97; Ord. No. 99-22, § 3, 12-14-99; Ord. No. 2002-13, § 6, 9-24-02)