Boonville License applications ordinance (§ 10-134)

(a) Adult business license. All persons desiring to secure a license to operate an adult business shall make a verified application with the city clerk which shall be submitted simultaneously with the application for special use permit. All applications shall be submitted in the name of the person(s) who owns the adult business. The application shall be signed by the applicant. If the applicant is a corporation, the application shall be signed by its president. If the applicant is a partnership, the application shall be signed by a partner. In all other instances where the owner is not an individual, where applicable, the application shall be signed by an authorized representative of the owner. The city clerk may require proof of authorization before accepting an application. All applications shall be submitted on a form supplied by the city clerk and shall require all of the following information:

(1) The name, residence address, home telephone number, occupation, date, place of birth and social security number of the applicant.

(2) The tax identification number and registered agent if the owner is not an individual.

(3) The name of the adult business, a description of the type of adult business to be performed on the licensed premises, and the name of the owner of the premises where the adult business will be located.

(4) The names, residence addresses, social security numbers and dates of births of all partners, if the applicant is a partnership or limited liability partnership; and if the applicant is a corporation or limited liability company, the same information for all officers and directors and stockholders and members who own, directly or indirectly a 25 per cent or more interest in the entity; and if the owner is another type of entity, the same information for all persons who own, directly or indirectly, a 25 per cent or more interest in such entity.

(5) A statement from the applicant as to whether the applicant, or any officer, manager, director, stockholder, partner, member or other person who owns a 25 per cent or more interest, directly or indirectly, in such entity has had an adult business license of any type revoked or suspended, and if so, the reason for the suspension or revocation and the business activity subjected to the suspension or revocation.

(6) A statement from the applicant, each partner, member, stockholder and other owner and/or each manager, officer and director that each such person has not been convicted of, or released from confinement for conviction of, or diverted from prosecution on, (i) any felony or misdemeanor within, whichever event is later, two years immediately preceding the application or five years immediately preceding the application where such felony or misdemeanor involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography or related offenses, or controlled substances or illegal drugs or narcotics offenses as defined in the Missouri statutes or municipal ordinances; or (ii) a municipal ordinance violation within two years immediately preceding the application where such municipal ordinance violation involved sexual offenses, indecent exposure, prostitution or sale of controlled substances or illegal drugs or narcotics.

(7) On applications requesting a license to operate a bath house or body painting studio, the applicant shall provide for each employee, a health certificate from a duly licensed Missouri physician stating that within 90 days prior thereto, the applicant and all other persons working on the premises have been examined and found free of any contagious or communicable disease as defined herein. This shall be a continuing requirement. For each person who is employed, the above described health certificate shall be submitted to the city clerk within 48 hours of the time such person begins employment. (8) If the applicant is required to be registered with the state, a current certificate of registration issued by the Missouri Secretary of State.

(9) A statement signed under oath that the applicant has personal knowledge of the information contained in the application and that the information contained therein is true and correct and that the applicant has read the provisions of this ordinance regulating adult businesses.

Failure to provide the information and documentation required herein shall constitute an incomplete application. The city clerk shall notify the applicant whether or not the application is complete within 15 working days of the date the application is received by the city clerk.

(b) Manager or entertainer license. All persons desiring to secure a license to be a manager or entertainer shall make a verified application with the city clerk. All applications shall be submitted in the name of the person proposing to be a manager or entertainer. All applications shall be submitted on a form supplied by the city clerk and shall require all of the following information:

(1) The applicant's name, home address, home telephone number, date and place of birth, social security number, and any stage names or nicknames used in entertaining.

(2) The name and address of each adult business where the applicant intends to work as a manager or entertainer.

(3) A statement from the applicant that the applicant has not been convicted of, or released from confinement for conviction of, or diverted from prosecution on, (i) any felony or misdemeanor, within, whichever event is later, two years immediately preceding the application or five years immediately preceding the application where such felony or misdemeanor involved sexual offenses, prostitution, indecent exposure, sexual abuse of a child or pornography and related offenses, or controlled substances or illegal drugs or narcotics offenses as defined in the Missouri statutes or municipal ordinances, or (ii) a municipal ordinance violation involved sexual offenses, indecent exposure, prostitution or sale of controlled substances or illegal drugs or narcotics.

(4) The applicant shall present to the city clerk, who shall copy, documentation that the applicant has attained the age of 18 years at the time the application is submitted.

Failure to provide the information required herein shall constitute an incomplete application. The city clerk shall notify the applicant whether or not the application is complete within 15 working days of the date the application was received by the city clerk.

(c) Application processing. Upon receipt of a completed application for an adult business, manager or entertainer license, the city clerk shall immediately transmit one copy of the application to the chief of police for investigation of the applicant and application. In addition, the city clerk shall transmit a copy of the application to the building inspector and the fire inspector. The chief of police shall report the results of the investigation to the city clerk not later than 15 working days from the date of the application is forwarded to the chief of police. The building inspector and the fire inspector shall inspect the structure where the adult business will be conducted for compliance with the requirements and standards of the applicable health, zoning, building code, fire and property maintenance ordinances of the city. The building inspector and the fire inspector shall report the results of their investigation to the city clerk not later than 15 working days from the date the application is forwarded to such party. Upon receipt of the reports from the chief of police, the building inspector and the fire inspector, the city clerk shall schedule the application for consideration by the governing body at the earliest meeting consistent with the notification requirements established by law, provided the license application for manager or entertainer license shall be approved or disapproved within 60 days from the date the completed application is received by the city clerk. The applicant shall be notified in writing of the date when the governing body will consider the application and shall be afforded an opportunity to be heard at that meeting.