5.48.050 Application for sexually oriented business license.
A. Each owner or operator of a sexually oriented business must obtain and maintain a separate sexually oriented business license. All applicants must be qualified according to this chapter. The application shall request and the applicant shall provide all such information as enables the department to determine whether the applicant meets the qualifications established in this chapter.
B. If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a sexually oriented license as the applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a substantial interest similar to that of an owner or leaseholder in the business must sign the application for a sexually oriented business license as applicant. Each applicant must be qualified under this chapter and each applicant is considered a licensee if a license is granted.
C. An application for a sexually oriented business license must be made on a form provided and adopted by the department. The completed application for a sexually oriented business license must contain or be accompanied by all of the following information and documents:
1. If the applicant is:
a. An individual, the individual shall state his or her legal name and any aliases and submit proof that he or she is eighteen years of age or older by providing a copy of a valid driver’s license, voter’s registration card, or another state-issued identification card, or a certified copy of a birth certificate;
b. Partnership or Trust. The partnership or trust shall state its complete name, and the names, residential street addresses and telephone numbers of all partners, whether the partnership is general or limited, or trustees, the name and residential street address of at least one person authorized to accept service of process and, if in existence, a copy of the partnership agreement;
c. Corporation. The corporation shall state its complete name and the date of its incorporation, evidence that the corporation is in good standing under the laws of the state of Washington, residential street addresses, telephone numbers, and capacity of all officers, directors and principal stockholders and, if applicable, the name of the registered corporate agent and the legal street address of the registered office for service of process;
2. If the applicant intends to operate a sexually oriented business under a name other than that of the applicant, the applicant shall state the sexually oriented business’s fictitious name, or names, and the county of registration, as provided by state law, and submit the required registration documents, together with all business names and telephone numbers to be used by the business;
3. Whether the applicant has been convicted of specified criminal activity as defined in this chapter and, if so, the specified criminal activity involved, the date, place, and jurisdiction of each offense;
4. Whether the applicant has had a previous license issued under this chapter or under a similar sexually oriented business ordinance from another municipality denied, suspended, or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation, and whether 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 sexually oriented business for which the permit was denied, suspended, or revoked, as well as the date of denial, suspension, or revocation;
5. Whether the applicant holds other licenses under this chapter or under a similar sexually oriented business ordinance from another municipality and, if so, the names and locations of the other or another licensed businesses;
6. The single classification of license under MMC 5.48.030 for which the applicant is filing;
7. The location of the proposed sexually oriented business, including a legal description of the property, street address, and telephone number, if any;
8. The applicant’s mailing address and residential address;
9. A recent photograph of the applicant showing the full face;
10. The applicant’s driver’s permit number and the applicant’s state or federally issued tax identification number;
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 straight-line drawing prepared within thirty days before application for an original business license by a registered land surveyor depicting the property lines and the structures containing, within five hundred feet of the property to be certified, any sexually oriented businesses;
13. The applicant shall provide a copy of the most recent lease or deed of conveyance, whichever is applicable, including the applicant’s interest in the proposed establishment;
14. The applicant shall provide a statement of the hours of operation of the establishment or business;
15. The applicant shall provide fingerprints certified by a Washington municipal or state law enforcement agency for each person listed as an owner or operator of the establishment or business. The applicant shall obtain such fingerprints independently and at his or her sole expense.
D. It is unlawful for any person applying for an adult entertainment establishment sexually oriented business license to make a false statement which is intended to facilitate the issuance of a license or to provide false information which is intended to facilitate the issuance of a license.
E. By applying for a license under this chapter, the applicant shall be deemed to have consented to all of the provisions of this chapter.
F. If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than one hundred fifty square feet of floor space, films, video cassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in this chapter. (Ord. 029/2003)