§ 34-4. License or employee card required.
(a)
Sexually oriented business license.
(1)
It shall be unlawful for any person to operate a sexually oriented business in the parish without a valid sexually oriented business license. Separate sexually oriented business licenses shall be required for each place of business of an operator.
(2)
An applicant for a sexually oriented business license or a sexually oriented business employee license shall file in person at the office of the sheriff a completed application made on a form provided by the sheriff. The application shall be signed by the applicant. An application shall be considered complete when it contains the following information and is accompanied by all the documents required by this section:
a.
The applicant's full true name and any other names used in the preceding five years.
b.
Current home address and, if desired by the applicant, another mailing address of the applicant.
c.
Written proof of age, in the form of a valid photographic ID.
d.
The business name, location, legal description, mailing address and phone number of the sexually oriented business.
e.
The name and business address of the statutory agent or other agent authorized to receive service of process.
f.
A statement whether the applicant has been convicted or has pled guilty or nolo contendere to a specified criminal activity as defined in this chapter, and if so, the specified criminal activity involved, including the date, place, and jurisdiction of each, as well as the dates of conviction and release from confinement, where applicable.
g.
A statement whether the applicant, or any entity in which the applicant owns a controlling interest, has had a license or permit to operate a sexually oriented business or to be an employee of a sexually oriented business issued by the United States, any state, or by any political subdivision of any state, authorized to issue permits or licenses, revoked within two years prior to the application, or been convicted or had a judgment of court rendered against him involving violation of sexually oriented business ordinances by this or any other state or local government or by the United States within one year prior to the application.
The information provided pursuant to subsections (a)(2)a through g of this section shall be supplemented in writing by certified mail, return receipt requested, to the sheriff within ten working days of a change of circumstances which would render the information originally submitted false or incomplete.
(3)
An application for a sexually oriented business license shall 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 shall be professionally prepared and shall be drawn to a one quarter inch designated scale. A certificate from the state fire marshal's office shall be obtained to ensure proper federal, state, local, life safety, American's with Disability Act and Building Codes have been properly met. Applicants who are required to comply with sections 34-14 and 34-18 shall submit a diagram meeting the requirements of those sections. A valid certificate of occupancy, lease agreement or proof of ownership, articles of incorporation or organization, operating agreement, or other instruments indicating the true direct and indirect ownership of the applicant, beneficial or otherwise, and evidence of measurement from protected activities, will also be required when making application.
(4)
If a person who wishes to operate a sexually oriented business is an individual, he shall sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each officer, director, general partner or other person who will participate directly in decisions relating to management and control of the business shall sign the application for a license as applicant. Each applicant must be qualified under section 34-5 and each applicant shall be considered a licensee if a license is granted.
(b)
Sexually oriented business employee card.
(1)
It shall be unlawful for any operator of a sexually oriented business to allow any employee to engage in employment requiring a sexually oriented business employee card unless such employee is in possession of a sexually oriented business employee card issued under the authority of this chapter. The license holder shall have such person obtain such a card prior to engaging in employment for which a permit is required by this chapter.
(2)
It shall be unlawful for any person to be an employee, as defined in this chapter, of a sexually oriented business, or for an employee of a dual purpose business who engages in the activities described in section 34-19, in the Parish of St. Martin without a valid sexually oriented business employee card.
(3)
An applicant for a sexually oriented business employee card shall file in person at the office of the sheriff a completed application made on a form provided by the sheriff. The application shall be signed by the applicant. An application shall be considered complete when it contains the following information:
a.
The applicant's full true name and any other names used in the preceding five years.
b.
Current home address and, if desired by the applicant, another mailing address of the applicant.
c.
Written proof of age, in the form of valid photographic ID.
d.
A statement whether the applicant has been convicted or has pled guilty or nolo contendere to a specified criminal activity as defined in this chapter, and if so, the specified criminal activity involved, including the date, place, and jurisdiction of each, as well as the dates of conviction and release from confinement, where applicable.
e.
A statement whether the applicant has had a license, permit or card to be an employee of a sexually oriented business issued by the United States, any state, or by any political subdivision of any state, authorized to issue permits or licenses, revoked within two years prior to the application, or been convicted or had a judgment of court rendered against him involving violation of sexually oriented business ordinances by this or any other state or local government or by the United States within one year prior to the application.
The information provided pursuant to subsections (b)(3)a through e of this section shall be supplemented in writing by certified mail, return receipt requested, to the sheriff within ten working days of a change of circumstances which would render the information originally submitted false or incomplete.
(c)
Fingerprinting. All applicants for licenses or cards under this chapter shall be fingerprinted.
(d)
Confidentiality of information. The information provided by an applicant in connection with an application for a license or card under this chapter shall be maintained by the sheriff on a confidential basis, except that such information may be disclosed only to law enforcement agencies in connection with a law enforcement or public safety function, or as may be required by governing law or court order.
(Ord. No. 05-07-0573-OR, § 1(0573:4), 7-5-2005)