5.35.070 Operator’s license.
Notwithstanding anything to the contrary in AMC Chapter 5.04, this section shall govern the issuance of adult concession operator licenses.
A. All applications for an operator’s license shall be submitted to the license officer in the name of the person or entity proposing to conduct an adult concession on the business premises and shall be signed by such person and certified as true under penalty of perjury. Each applicant for an operator’s license must be at least eighteen years of age. All applications shall be submitted on a form supplied by the city, which shall require the following information:
1. For the operator and for each operator control person, provide: names, any aliases or previous names, driver’s license number, if any, social security number, if any, and business, mailing, and residential address, and business telephone number.
2. If a partnership, whether general or limited; and if a corporation or limited liability company, date and place of incorporation or formation, evidence that it is in good standing under the laws of Washington, and name and address of any registered agent for service of process.
3. Whether the operator or any partner, corporate officer, or director of the operator holds any other licenses under this chapter for any adult concession or sexually oriented business, including motion picture theaters and panoramas, from the city or another city, county or state, and if so, the names and addresses of each other licensed business.
4. A summary of the business history of the operator and operator control persons in owning or operating the adult concession or other sexually oriented businesses, providing names, addresses and dates of operation for such businesses, and whether any business license or adult concession license has been revoked or suspended, and the reason therefore.
5. For the operator and all operator control persons, any and all criminal convictions or forfeitures within five years immediately preceding the date of the application, other than parking offenses or minor traffic infractions including the dates of conviction, nature of the crime, name and location of court and disposition.
6. For the operator and all operator control persons, a description of business, occupation or employment history for the three years immediately preceding the date of the application.
7. Authorization for the city, its agents and employees to seek information to confirm any statements set forth in the application.
8. The location and doing-business-as name of the proposed adult concession, including a legal description of the property, street address, and telephone number, together with the name and address of each owner and lessee of the property.
9. Two two-inch by two-inch color photographs of the operator and operator control persons, taken within six months of the date of application showing only the full face.
10. A complete set of fingerprints for the operator or each operator control person, by Anacortes police department employees.
11. A scale drawing or diagram showing the configuration of the premises for the proposed adult concession, including a statement of the total floor space occupied by the business, and marked dimensions of the interior of the premises. Performance areas, seating areas, manager’s office and stations, restrooms and service areas shall be clearly marked on the drawing. An application for a license for an adult concession shall include building plans which demonstrate conformance with AMC 5.35.130.
B. An application shall be deemed complete upon the operator’s submission of all information requested above, including identification of “none” where that is the correct response, and the operator’s verification under penalty of perjury that the application is accurate and complete. The license officer may request other information or clarification in addition to that provided in a complete application where necessary to determine compliance with this chapter.
C. A nonrefundable application fee must be paid at the time of filing an application in order to defray the costs of processing the application.
D. If any person or entity acquires, subsequent to the issuance of an adult concession license, a significant interest based on responsibility for management or operation of the licensed premises or the licensed business, notice of such acquisition shall be provided in writing to the license officer, no later than twenty-one days following such acquisition. The notice required shall include the information required for the original adult concession license application.
E. The adult concession license, if granted, shall state on its face the name of the person or persons to whom it is issued, the expiration date, the doing-business-as name and the address of the licensed adult concession. The permit shall be posted in a conspicuous place at or near the entrance to the adult concession so that it can be easily read at any time the business is open.
F. No person granted an adult concession license pursuant to this chapter shall operate the adult concession business under a name not specified on the license, nor shall any person operate an adult concession under any designation or at any location not specified on the license.
G. Upon receipt of the complete application and fee, the license officer shall provide copies to the health department, fire department, police department and the building inspector for their investigation and review to determine compliance of the proposed adult concession with the laws and regulations which each department administers. Each department shall, within thirty days of the date of such application, inspect the application and premises and shall make a written report to the license officer whether such application and premises comply with the laws administered by each department. No license may be issued unless each department reports that the application and premises comply with the relevant laws. In the event the premises are not yet constructed, the departments shall base their recommendation as to premises compliance on their review of the drawings submitted in the application. Any adult concession license approved prior to premises construction shall contain a condition that the premises may not open for business until the premises have been inspected and determined to be in substantial conformance with the drawings submitted with the application. A department shall recommend denial of a license under this subsection if it finds that the proposed adult concession is not in conformance with the requirements of this chapter or other applicable federal, state or city laws in effect at the time. A recommendation for denial shall cite the specific reason therefore, including applicable laws.
H. An adult concession license shall be issued by the license officer within thirty days of the date of filing a complete license application and fee, unless the license officer determines that the applicant has failed to meet any of the requirements of this chapter or provide any information required under this subsection or that the applicant has made a false, misleading or fraudulent statement of material fact on the application for a license. The license officer shall grant an extension of time in which to provide all information required for a complete license application upon the request of the applicant. If the license officer finds that the applicant has failed to meet any of the requirements for issuance of an adult concession license, the license officer shall deny the application in writing and shall cite the specific reasons therefore, including applicable law. If the license officer fails to issue or deny the license within thirty days of the date of filing of a complete application and fee, the applicant shall be permitted, subject to all other applicable laws, to operate the business for which the license was sought until notification by the license officer that the license has been denied, but in no event may the license officer extend the application review time for more than an additional twenty days.
I. Also the license officer may refuse to grant or renew a license whenever:
1. The applicant has not paid the required license fee; or
2. The applicant has failed to comply with some term or condition of this title; or
3. He/she has a reasonable belief that the applicant is not entitled to the license because of failure to comply with some term or condition thereof; or
4. The applicant has failed to supply all information lawfully required by the license officer; or
5. If an applicant has been convicted of any felony or any offense not constituting a felony, but which because of its nature would render the licensee a risk to the public health, safety and welfare, or any offense involving moral turpitude as determined by the police chief. (Ord. 2902 § 2, 2013)