Title 5 - Business Licenses and Regulations

5.05.050 License Applications.

1. A.
   Adult Business License.
   All Persons desiring to secure a license to Operate an Adult Business as required herein shall make a verified application with the City Clerk. All applications shall be submitted in the name of the Person who owns the Adult Business. The application shall be signed by the applicant. If the applicant is a corporation, the application shall be signed by its President. If the applicant is a partnership, the application shall be signed by a partner. If the applicant is a limited liability company, the application shall be signed by a member. In all other instances where the owner is not an individual, the application shall be signed by an authorized representative of the owner. The City Clerk may require proof of authorization before accepting an application. All applications shall be submitted on a form supplied by the City Clerk and shall require all of the following information:

   1. 1.
      The name, any aliases, mailing address for receipt of notices, home telephone number, occupation, date and place of birth and social security number of the applicant.
   2. 2.
      The tax identification number and registered agent if the owner is required to have a tax identification number or registered agent.
   3. 3.
      The name of the Adult Business, a description of the type of Adult Business to be performed on the licensed premises, and the name of the owner of the premises where the Adult Business will be located.
   4. 4.
      The names, social security numbers and dates of birth of all partners, if the applicant is a partnership or limited liability partnership; and if the applicant is a corporation or limited liability company, the same information for all stockholders or members who own more than a 25% interest in the company.
   5. 5.
      A statement from the applicant whether the applicant and each Person required to be identified in the application pursuant to subparagraph 4 above, in previously operating in this or another city, county or state, has had an Adult Business license of any type revoked or suspended, and if so, the reason for the suspension or revocation and the business activity subjected to the suspension or revocation.
   6. 6.
      A statement from the applicant and each Person required to be identified in the application pursuant to subparagraph 4 above that each such Person has not been convicted of, or released from confinement for conviction of, or diverted from prosecution on, any felony, whichever event is later, within five (5) years immediately preceding the application, or has not been convicted of, or diverted from prosecution on, a misdemeanor or municipal ordinance violation, or released from confinement for conviction of a misdemeanor or municipal ordinance violation, whichever event is later, within two (2) years immediately preceding the application, where such felony, misdemeanor or municipal ordinance violation constitutes a Specified Criminal Act.
   7. 7.
      On applications requesting a license to Operate a Bath House, the applicant shall provide for each Employee, a health certificate from a duly licensed Kansas or Missouri physician stating that within 90 days prior thereto, the applicant and all other Persons working on the premises have been examined and found free of any Contagious or Infectious Disease. This shall be a continuing requirement. For each Person who is employed, the above described health certificate shall be submitted to the City Clerk within forty-eight (48) hours of the time such Person begins employment
   8. 8.
      If the applicant is a corporation or limited liability company, a current certificate of registration issued by the Kansas Secretary of State.
   9. 9.
      A statement signed under oath that the applicant has personal knowledge of the information contained in the application and that the information contained therein is true and correct and that the applicant has read the provisions of this Ordinance regulating Adult Businesses.

1.   
   Failure to provide the information and documentation required herein shall constitute an incomplete application and shall not be processed by the City. The City Clerk shall notify the applicant whether or not the application is complete within five (5) working days of the date the application is received by the City Clerk; in the event the City Clerk has determined that the application is incomplete, the notification to the applicant shall include a written explanation of the reason(s) why the application is incomplete.

2. B.
   Manager, Server or Entertainer License.
   All Persons desiring to secure a license to be a Manager, Server or Entertainer shall make a verified application with the City Clerk. All applications shall be submitted in the name of the Person proposing to be a Manager, Server or Entertainer. All applications shall be submitted on a form supplied by the City Clerk and shall require all of the following information:

   1. 1.
      The applicant's name, any aliases, mailing address for receipt of notices, home telephone number, date and place of birth, social security number, and, in the case of Entertainers, any stage names or nicknames used in entertaining.
   2. 2.
      The name and address of each Adult Business where the applicant intends to work as a Manager, Server or Entertainer.
   3. 3.
      A statement from the applicant that the applicant has not been convicted of, or released from confinement for conviction of, or diverted from prosecution on, any felony, whichever event is later, within five (5) years immediately preceding the application, or has not been convicted of, or diverted from prosecution on, a misdemeanor or ordinance violation, or released from confinement for conviction of a misdemeanor or ordinance violation, whichever event is later, within two (2) years immediately preceding the application, where such felony, misdemeanor or ordinance violation constitutes a Specified Criminal Act.
   4. 4.
      The applicant shall present to the City Clerk, who shall copy, documentation that the applicant has attained the age of 18 years at the time the application is submitted. Any of the following shall be accepted as documentation of age:

      1. a.
         A motor vehicle operator's license issued by any state, bearing the applicant's photograph and date of birth;
      2. b.
         A state-issued identification card bearing the applicant's photograph and date of birth;
      3. c.
         An official and valid passport issued by the United States of America;
      4. d.
         An immigration card issued by the United States of America;
      5. e.
         Any other form of picture identification issued by a governmental entity that is deemed reliable by the City Clerk; or
      6. f.
         Any other form of identification deemed reliable by the City Clerk.

2.   
   Failure to provide the information required herein shall constitute an incomplete application and shall not be processed by the City. The City Clerk shall notify the applicant whether or not the application is complete within five (5) working days of the date the application was received by the City Clerk; in the event the City Clerk has determined that the application is incomplete, the notification to the applicant shall include a written explanation of the reason(s) why the application is incomplete.

3. C.
   Application processing.
   Upon receipt of an application for an Adult Business, Manager, Server or Entertainer license, the City Clerk shall immediately transmit one copy of the application to the Chief of Police for investigation of the application. In addition, the City Clerk shall transmit a copy of the application to the Director of Planning and Development Services and the Fire Inspector. It shall be the duty of the Chief of Police to investigate such application to determine whether the information contained in the application is accurate and whether the application meets the requirements herein for issuance of the license for which the application is made. The Chief of Police shall report the results of the investigation to the City Clerk not later than ten (10) working days from the date the application is received by the City Clerk. It shall be the duty of the Director of Planning and Development Services and the Fire Inspector to determine whether the structure where the Adult Business will be conducted complies with the requirements and meets the standards of the applicable health, zoning, building code, fire and property maintenance ordinances of the City. The Director of Planning and Development Services and the Fire Inspector shall report the results of their investigation to the City Clerk not later than ten (10) working days from the date the application is received by the City Clerk. Upon receipt of the reports from the Chief of Police, the Director of Planning and Development Services and the Fire Inspector, the City Clerk shall schedule the application for consideration by the Governing Body at the earliest meeting consistent with the notification requirements established by law; provided, however, that the license application for an Adult Business, Server, Manager or Entertainer license shall be scheduled for hearing and either approved or disapproved within thirty (30) days from the date the application is received by the City Clerk, irrespective of whether the City Clerk has received timely reports from the Chief of Police, the Director of Planning and Development Services and the Fire Inspector. The applicant shall be notified in writing of the date when the Governing Body will consider the application and shall be afforded an opportunity to be heard at that meeting.

(History: Ord. AEB-2416 §6, 2003; AEB-2246 §1, 2001; AEB-1944 §6, 95; AEB-1935 §6, 95; AEB-1846 §6, 94; AEB-1837 §6, 93; AEB-1782A §2, 93; AEB-1782 §1, 93)

Effective on: 1/1/1901