Sec. 13-355. Registration application for a sexually oriented business.

 

(a)    An application for a registration must be made to the city clerk on a form provided by the city.

 

(b)    The applicant must meet all qualifications stated in this article before the registration is issued and continuously thereafter during the registration term. The application shall require and the applicant shall provide such information and documentation as is specified in this article.

 

(c)    If a person wishes to operate a sexually oriented business as an individual, he or she must sign the application for the registration as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each officer, director, general partner, managing partner or other person who will participate directly in decisions relating to management of the business shall sign the application for the registration as applicant. Each applicant must meet the qualifications as stated in this article and each applicant shall be considered as a registrant if a registration is granted.

 

(d)    The completed application for a sexually oriented business shall contain the following information and shall be accompanied by the following documents:

  

(1)        If the applicant is:

 

(i)        An individual, the individual shall state his or her legal name and any aliases and submit proof that he or she is 21 or more years of age;

 

(ii)        A partnership or limited liability company, the partnership or limited liability company shall state its complete name, and the names of all partners or members, residence address and whether the partnership or company is general or limited, a copy of the partnership, LLC/LLP organizational agreement, if any, and verification of current state registration, if any;

 

(iii)       A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation, evidence that the corporation is registered to do business in Nebraska, the name, capacity and address of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.

 

(2)       Name of business. If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must state the sexually oriented business's name and submit any registration documents.

 

(3)        The classification of registration, as set forth in Section 27-403 of this Code, for which the applicant is filing.

 

(4)        The location of the proposed sexually oriented business, including a legal description of the property, street address and telephone number(s), if any.

 

(5)        The applicant's mailing address and residential address.

 

(6)        The applicant's driver's license number, date of birth, and state or federal issued tax identification number.

 

(7)        The application must be accompanied by 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 must be drawn to scale with marked dimensions of both the interior and exterior dimensions.

 

(8)        A statement detailing the registration history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant, in this or any other city, county, state, or country, has ever had any registration, license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name(s) under which the registration was sought and/or issued, the name(s) of the issuing or denying jurisdiction, and describe in full the reason(s) for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.

 

(9)        A statement whether the applicant has been convicted, or is awaiting trial on pending charges of a "specified criminal activity" as defined in Section 13-351. If so, state the "specified criminal activity" involved, the date, place and jurisdiction of each.

 

(e)    Each application for the registration under this article shall contain a statement under oath that:

   

(1)        The applicant has personal knowledge of the information contained in the application, and that the information contained therein and furnished therewith is true and correct; and,

 

(2)        The applicant has read the provisions of this article.

 

(f)    A person commits an offense if he or she operates a sexually oriented business without a valid registration issued by the city for that particular classification of business (as set forth in Section 27-403 of this Code).

 

(g)    The applicant must be qualified according to the provisions of this article and the premises must be inspected and found to be in compliance with City Code and this article by the City of Norfolk Planning and Development Department, Fire Division and Norfolk Police Division.

 

(h)    The fact that a person possesses other types of state, county or city licenses/registrations does not exempt him or her from the requirement of obtaining a sexually oriented business registration.

   

Source:  Ord. No. 5727, 1, 04-19-2021;