§ 78-352. Licensing generally.

(a)

All adult entertainment establishments shall be required to be conducted subject to all the terms and conditions imposed by this division and related laws, applicable provisions of this Code and other ordinances and resolutions of the county relating to such business.

(b)

Each application for a license for an adult entertainment establishment shall contain the following information:

(1)

The applicant's full true name.

(2)

The present address and telephone number of the applicant.

(3)

Reasonable written proof that the applicant is at least 18 years of age.

(4)

Business, occupation or employment history of the applicant for the five years immediately preceding the date of application. Business or employment records of the applicant, partners in a partnership, directors and officers of a corporation and any chief administrative official of any other legal business entity.

(5)

The adult entertainment establishment business license or occupation tax history of the applicant and whether such applicant, in previous operations in this or any other city, state or territory under license, has had such license or occupation tax certificate for an adult entertainment business revoked or suspended, the reason therefore, and the business activity or occupation subsequent to such action of suspension or revocation.

(6)

If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the place and date of incorporation, and the names and addresses of each of its current officers and directors, the name and addresses of each shareholder and the percentage of ownership of each shareholder. If the applicant is a partnership, the applicant shall set forth the name, residence address and dates of birth of the partners and the percentage ownership of each partner. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the Secretary of State. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated persons shall complete and sign all application forms required of an individual applicant under this division, but only one application fee shall be charged. If the applicant is any other legal business entity, organization or association, it shall furnish a copy of its originating documents filed with the Secretary of State, the names and addresses of each of its chief administrative officials and board of director members, if any, and the name and addresses of each person owning an interest in the entity, organization or association and the percentage ownership of each.

(7)

If the applicant has been convicted of, pled guilty or nolo contendere to a specified criminal activity, as defined in this division, the applicant must provide the date of the conviction or plea agreement and any disposition, including any fine or sentence imposed and whether the terms of the disposition have been fully completed. If the applicant is a partnership or corporation, all partners and any corporate officers and directors shall provide this information. If the applicant is any other legal entity, organization or association, all chief administrative officials and board of directors, if any, shall provide this information.

(8)

If applicant is a person doing business under a trade name, a copy of the trade name properly recorded. If the applicant is a corporation, a copy of authority to do business in Georgia, including articles of incorporation, trade name affidavit, if any, last annual report, if any.

(9)

Address of the premises to be licensed.

(10)

Whether the premises are owned or rented and if rented the name and address of the landlord including a copy of the lease.

(11)

Each application shall include a blue line copy of a surveyor's plat, 8½ inches by 11 inches in size, with a scale of one inch equals 200 feet, showing the location of the building or proposed building and location of all customer entries in relation and distance to all real property and buildings on such real property which fall within the distance requirements set forth in section 78-353, together with the zoning classifications and present uses of all such real property. Each application at a location which has not previously been occupied for other than residential purposes or on which there is or is to be new construction shall also include a copy of a site plan approved by the community development department. All real property, locations, structures and improvements thereon shall comply with all county building codes, zoning and planning ordinances and requirements, and all other county ordinances. After issuance of any license under this chapter, no change in the location of the building or customer entry locations shall be made which would affect compliance with any distance requirements of this chapter.

(12)

Each applicant for a license for an adult entertainment establishment shall be verified and acknowledged under oath to be true and correct by:

a.

The applicant if the applicant is an individual;

b.

By the manager or general partner if the applicant is a partnership;

c.

By the president of the corporation if the applicant is a corporation;

d.

By the chief administrative official if the applicant is any other organization or association.

(13)

All applicants shall furnish all data, information and records pertinent to obtaining an adult entertainment establishment license which is requested by this section, and failure to furnish such data, information and records shall suspend the application process until the data, information and records are submitted and if not submitted within 30 days from the date of such request the application shall be dismissed with prejudice.

(14)

Each application must contain all the data, information and records required by this section in order to be complete and accepted by the county for filing and processing.

(c)

A separate license shall be required for each place of business.

(d)

For the purpose of this division, the term "applicant" shall include a person or persons and, in the case of partnership, corporation or other legal entity, organization or association, all partners, officers, directors, principals and shareholders of the partnership or corporation and any chief administrative official.

(e)

All applicants for a license shall furnish plans and renderings of the proposed premises.

(Ord. of 10-25-94; Code 1977, § 3-7-164.9; Ord. of 7-10-01, #6; Ord. of 6-27-06; Amd. of 2-23-10)