Legal Documents of Maryville

Any person operating, or desiring to operate, a sexually-oriented business shall file a report with the codes department at least thirty (30) days prior to the opening of the business and no later than November 1 of each year thereafter. The report shall be filed in triplicate with, and dated by, the codes department upon receipt. One (1) copy of the dated report shall be returned to the operator and one (1) copy shall be promptly provided to the police department. The report shall be upon a form provided by the codes department and shall include the following information, which shall be sworn by the operator to be true and correct under oath:

1. The name under which the sexually-oriented business is or will be operated.
2. The location and all telephone numbers for the sexually-oriented business.
3. The type of sexually-oriented business which is being, or will be, operated, using the terms included in the definition of "sexually-oriented business" provided in this chapter, if applicable, and a complete description of all types of entertainment and services provided, or to be provided, by the business.
4. If the operator is an individual, or for any individual who owns or will own at least a ten percent (10%) direct or beneficial interest in the business:
   
   
   
   1. Legal name and any other names or aliases used by the individual.
   2. Mailing address and residential address and telephone number.
   3. Business address and telephone number.
   4. A recent photograph of the individual.
   5. Age, date and place of birth.
   6. Height, weight, and hair and eye color.
   7. Date, issuing state and number of the individual's driver's license or other state identification card information.
   8. Social Security number.
   9. Proof that the individual is at least eighteen (18) years of age.
   10. The business, occupation or employment of the individual for five (5) years immediately preceding the date of the report.
5. If the operator is a partnership:
   
   
   
   1. The partnership's complete name.
   2. The names of all partners and the information required above for all individuals who own, or will own, at least ten percent (10%) direct beneficial interest in the business.
   3. Whether the partnership is general or limited.
   4. A copy of any printed partnership agreement.
6. If the operator is a corporation:
   
   
   
   1. The corporation's complete name, address and telephone number.
   2. The date and state of incorporation.
   3. The corporation's federal tax identification number.
   4. Evidence that the corporation is in good standing under the laws of the state of incorporation.
   5. The names and capacity of all officers, directors and principal stockholders and the information required above for all individuals who own, or will own, at least a ten percent (10%) direct or beneficial interest in the business.
   6. The name and address of the registered corporate agent for service of process.
7. The sexually-oriented business or similar business history of the operator and of each individual listed under § 9-709(4) above, including:
   
   
   
   1. The name and location of each sexually-oriented business or similar business currently or previously owned or operated by such operator or individual.
   2. If the operator or individual is or was a partner, officer, or director or holds or held at least a ten percent (10%) direct or beneficial interest in a partnership, corporation or other business entity which operates or operated, or is or was majority owner of, any sexually-oriented business or similar business, the name and location of each such business and the owning or operating business entity.
   3. Whether such operator or individual has had any license or permit issued to a sexually-oriented business or similar business denied, suspended or revoked.
   4. The name and location of each sexually-oriented business or similar business for which the license or permit was denied, suspended or revoked, and the dates and reasons for each such suspension or revocation.
8. Whether the operator, or any of the operator's, officers or directors or any individual listed under § 9-709(4) above has a record of any "specified criminal activity" as defined in this chapter, and, if so, the "specified criminal activity" or activities involved and the date, place and jurisdiction of each.
9. If the premises are leased or being purchased under contract, a copy of such lease or contract.
10. A sketch or diagram showing the configuration of the premises, including the total amount of 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 (6"). The codes department may waive this requirement if the report adopts a sketch or diagram that was previously submitted and the operator certifies that the configuration of the premises has not been altered since it was prepared. This requirement does not excuse the operator from compliance with all other applicable requirements for approval of building plans.
11. For the initial report, a current certificate and straight-line drawing prepared within thirty (30) days prior to the filing of the report by a registered land surveyor depicting the property lines and the structures containing any existing sexually-oriented businesses within one thousand feet (1,000') of the property of the business filing the report; the boundary lines of any residential zoning district within one thousand feet (1,000') of said property; and the property lines of any parcel which includes an established religious facility, child care or educational facility, public park or recreation area, family entertainment business, liquor store or residence within one thousand feet (1,000') of said property. For purposes of this section, a use shall be considered existing or established if it is in existence at the time a report is submitted.
12. A signed statement by the operator that the operator is familiar with the provisions of this chapter and is and will continue to be in compliance therewith, provided that if the operator is not an individual, such statement shall be signed by each individual who owns or will own at least a ten percent (10%) direct or beneficial interest in the operator.
13. Any other reasonable available information determined by the city manager, codes department or police department to be necessary in determining whether the operator and the sexually-oriented business meet the requirements of this chapter. (1999 Code, § 9-809)