§ 22-102. License required.

(a)

Adult establishment license. It shall be unlawful for any person to operate an adult establishment in the city without a valid adult establishment license.

(b)

Employee license. It shall be unlawful for any person to be an "employee," as defined in this article, of an adult establishment in the city without a valid adult establishment employee license, except that a person who is a licensee under a valid adult establishment license shall not be required to also obtain an adult establishment employee license. It shall be unlawful for any person who operates an adult establishment to employ a person at the establishment who does not have a valid adult establishment employee license.

(c)

Application. An applicant for an adult establishment license or an adult establishment employee license shall file in person at the office of the city clerk a completed application made on a form provided by the city clerk. An adult establishment may designate an individual with an influential interest in the business to file its application for an adult establishment license in person on behalf of the business. The application shall be signed as required by subsection (d) herein and shall be notarized. An application shall be considered complete when it contains, for each person required to sign the application, the information and/or items required in this subsection (c), accompanied by the appropriate licensing fee:

(1)

The applicant's full legal name and any other names used by the applicant in the preceding five years.

(2)

Current business address or another mailing address for the applicant.

(3)

Written proof of age, in the form of a driver's license, a picture identification document containing the applicant's date of birth issued by a governmental agency, or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency.

(4)

If the application is for an adult establishment license, the business name, location, legal description, mailing address and phone number of the adult establishment.

(5)

If the application is for an adult establishment license, the name and business address of the statutory agent or other agent authorized to receive service of process.

(6)

A statement of whether an applicant has been convicted of or has pled guilty or nolo contendere to a specified criminal activity as defined in this article, and if so, each specified criminal activity involved, including the date, place, and jurisdiction of each as well as the dates of conviction and release from confinement, where applicable.

(7)

A statement of whether any adult 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):

a.

Been declared by a court of law to be a nuisance; or

b.

Been subject to a court order of closure.

(8)

An application for an adult establishment license shall be accompanied by a legal description of the property where the business is located and a sketch or diagram showing the configuration of the premises, including a statement of total floor area occupied by the business and a statement of floor area visible or accessible to patrons for any reason, excluding restrooms. The sketch or diagram need not be professionally prepared but shall 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. Applicants who are required to comply with the stage, booth, and/or room configuration requirements of this article shall submit a diagram indicating that the setup and configuration of the premises meets the requirements of the applicable regulations. See sections 22-111 and 22-115. The city clerk may waive the requirements of this subsection (c)(8) for a renewal application if the applicant adopts a legal description and a sketch or diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

(9)

A signed and sworn affidavit verifying the applicant's lawful presence in the United States as required by O.C.G.A. § 50-36-1. If the applicant is a partnership, limited liability company, corporation, or other legal entity, a signed and sworn affidavit verifying the lawful presence of each individual that executes the application on behalf of the applicant. With regard to a renewal application, if an individual has previously complied with the requirements of this subsection (9), the city clerk may waive the requirements of this subsection for that individual.

(10)

If the application is for an adult establishment license, a signed and sworn affidavit attesting that the establishment either uses the federal work authorization program in accordance with federal regulations or that the applicant employs fewer than 11 people or otherwise does not fall within the requirements of O.C.G.A. § 36-60-6.

The information provided pursuant to this subsection (c) shall be supplemented in writing by certified mail, return receipt requested, to the city clerk within ten working days of a change of circumstances which would render the information originally submitted false or incomplete.

(d)

Signature. A person who seeks an adult establishment employee license under this section shall sign the application for a license. If a person who seeks an adult establishment license under this section is an individual, he shall sign the application for a license as applicant. If a person who seeks an adult establishment license is other than an individual, each person with an influential interest in the adult establishment or in a legal entity that controls the adult establishment shall sign the application for a license as applicant. Each applicant must be qualified under this article and each applicant shall be considered a licensee if a license is granted.

(e)

The information provided by an applicant in connection with an application for a license under this article shall be maintained by the office of the city clerk on a confidential basis, and such information may be disclosed only as may be required, and only to the extent required, by governing law or court order. Any information protected by the right to privacy as recognized by state or federal law shall be redacted prior to such disclosure.

(Ord. No. 752 , pt. I, 10-16-18)