Legal Documents of Kingston

Code of Kingston

Table of Contents » Title 9 Business, Peddlers, Solicitors, etc. » Chapter 3 Adult-Oriented Establishments » § 9-305 Application for license.
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9
Title 9
9-1
Title 9, Chapter 1
9-101
§ 9-101
Kingston
Title 9 : Business, Peddlers, Solicitors, etc.
Chapter 3 : Adult-Oriented Establishments

9-305 : Application for license.

  1. Any person, partnership, or corporation desiring to secure a license shall make application to the Police Chief of the City of Kingston. The application shall be filed in triplicate with and dated by the police chief. A copy of the application shall be distributed promptly by the police chief to the city clerk and to the applicant.
  2. The application for a license shall be upon a form provided by the police chief. An applicant for a license, including any partner or limited partner of the partnership applicant, and any officer or director of the corporate applicant and any stockholder holding more than five percent (5%) of the stock of a corporate applicant, or any other person who is interested directly in the ownership or operation of the business (including, but not limited to, all holders of any interest in land of members of any limited liability company), shall furnish the following information under oath:



    1. Name and addresses, including all aliases.
    2. Written proof that the individual(s) is at least eighteen (18) years of age.
    3. All residential addresses of the applicant(s) for the past three (3) years.
    4. The applicants' height, weight, color of eyes and hair.
    5. The business, occupation or employment of the applicant(s) for five (5) years immediately preceding the date of the application.
    6. Whether the applicant(s) previously operated in this or any other county, city or state under an adult-oriented establishment license or similar business license; whether the applicant(s) has ever had such a license revoked or suspended, the reason therefor, and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation.
    7. All criminal statutes, whether federal or state, or city ordinance violation convictions, forfeiture of bond and pleadings of nolo contendere on all charges, except minor traffic violations.
    8. Fingerprints and two (2) portrait photographs at least two inches by two inches (2" x 2") of each applicant.
    9. The address of the adult-oriented establishment to be operated by the applicant(s).
    10. The names and addresses of all persons, partnerships, limited liability entities, or corporations holding any beneficial interest in the real estate upon which such adult-oriented establishment is to be operated, including, but not limited to, contract purchasers or sellers, beneficiaries of land trust or lessees subletting to applicant.
    11. If the premises are leased or being purchased under contract, a copy of such lease or contract shall accompany the application.
    12. The length of time each applicant has been a resident of the City of Kingston, or its environs, immediately preceding the date of the application.
    13. If the applicant is a limited liability entity, the applicant shall specify the name, the date and state of organization, the name and address of the registered agent and the name and address of each member of the limited liability entity..
    14. A statement by the applicant that he or she is familiar with the provisions of this chapter and is in compliance with them.
    15. All inventory, equipment, or supplies which are to be leased, purchased, held in consignment or in any other fashion kept on the premises or any part or portion thereof for storage, display, any other use therein, or in connection with the operation of said establishment, or for resale, shall be identified in writing accompanying the application specifically designating the distributor business name, address, phone number, and representative's name.
    16. Evidence in form deemed sufficient to the city manager that the location for the proposed adult-oriented establishment complies with all requirements of the zoning ordinances as now existing or hereafter amended.
  3. Within ten (10) days of receiving the results of the investigation conducted by the Kingston Police Department, the police chief shall notify the applicant that his/her application is conditionally granted, denied or held for further investigation. Such additional investigation shall not exceed thirty (30) days unless otherwise agreed to by the applicant. Upon conclusion of such additional investigation, the police chief shall advise the applicant in writing whether the application is granted or denied. All licenses shall be further held pending consideration of the required special use zoning permit by the city council.
  4. Whenever an application is denied or held for further investigation, the police chief shall advise the applicant in writing of the reasons for such action. If the applicant requests a hearing within ten (10) days of receipt of notification of denial, a public hearing shall be held thereafter before the city council at which time the applicant may present evidence as to why his/her license should not be denied. The city council shall hear evidence as to the basis of the denial and shall affirm or reject the denial of any application at the hearing. If any application for an adult-oriented establishment license is denied by the city council and no agreement is reached with the applicant concerning the basis for denial, the city attorney shall institute suit for declaratory judgment in the Chancery Court of Roane County, Tennessee, within five (5) days of the date of any such denial and shall seek an immediate judicial determination of whether such license or permit may be properly denied under the law.
  5. Failure or refusal of the applicant to give any information relevant to the investigation of the application, or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding said application or his or her refusal to submit to or cooperate with any investigation required by this chapter, shall constitute an admission by the applicant that he or she is ineligible for such license and shall be grounds for denial thereof by the police chief. (2009 Code, § 9-606)