9-4-12. License - Application - Disclosures required.

Before any applicant may be licensed to operate a sexually oriented business or as a sexually oriented business employee pursuant to this chapter, the applicant shall submit, on a form to be supplied by the County license authority, the following:

(1) The correct legal name of each applicant, corporation, partnership, limited partnership or entity doing business under an assumed name.

(2) If the applicant is a corporation, partnership or limited partnership, or individual or entity doing business under an assumed name, the information required below for individual applicants shall be submitted for each partner and each principal of an applicant, and for each officer, director and any shareholder (corporate or personal) of more than 10 percent of the stock of any applicant. Any holding company, or any entity holding more than 10 percent of an applicant, shall be considered an applicant for purposes of disclosure under this chapter.

(3) All corporations, partnerships or noncorporate entities included on the application shall also identify each individual authorized by the corporation, partnership or noncorporate entity to sign the checks for such corporation, partnership or noncorporate entity.

(4) For all applicants or individual, the application must also state:

(a) any other names or aliases used by the individual;

(b) the age, date and place of birth;

(c) height;

(d) weight;

(e) color of hair;

(f) color of eyes;

(g) present business address and telephone number;

(h) present residence and telephone number;

(i) Utah drivers license or identification number; and

(j) social security number.

(5) Acceptable written proof that any individual is at least 18 years of age or, in the case of employees to be employed in businesses where a different age is required, proof of the required age;

(6) Attached to the form as provided above, 2 color photographs of the applicant clearly showing the individual's face and the individual's fingerprints on a form provided by the County Sheriff's Office. For persons not residing in the County, the photographs and fingerprints shall be on a form from the law enforcement jurisdiction where the person resides. Fees for the photographs and fingerprints shall be paid by the applicant directly to the issuing agency;

(7) For any individual applicant required to obtain a sexually oriented business employee license as an escort or as a nude or seminude entertainer, a certificate from the County health department, stating that the individual has, within 30 days immediately preceding the date of the application, has been examined and found to be free or any contagious or communicable diseases;

(8) A statement of the business, occupation or employment history of the applicant for 3 years immediately preceding the date of the filing of the application;

(9) A statement detailing the license or permit history of the applicant for the 5 year period immediately preceding the date of the filing of the application, including whether such applicant has previously operated or is seeking to operate, in this or any other county, city, state or territory, has ever had a license, permit or authorization to do business denied, revoked or suspended, or has had any professional or vocational license or permit denied, revoked or suspended. In the event of any such denial, revocation or suspension, state the date and the reasons for the denial, revocation or suspension. A copy of any order of denial, revocation or suspension shall be attached to the application;

(10) All criminal convictions or pleas of nolo contendere, except those which have been traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature of each arrest and sentence of each conviction or other disposition; identifying the arresting or convicting jurisdiction and sentencing court; and providing the court identifying case numbers or docket numbers. Application for a sexually oriented business employee license shall constitute a waiver of disclosure of any criminal arrests or convictions for the purposes of any proceeding involving the business or employee license;

(11) In the event the applicant is not the owner of record of the real property upon which the business or proposed business is or is to be located, the application must be accompanied by a notarized statement from the legal or equitable owner of the possessory interest in the property specifically acknowledging the type of business for which the applicant seeks a license for the property. In addition to furnishing such notarized statement, the applicant shall furnish the name, address and phone number of the owner of record of the property, as well as the copy of the lease or rental agreement pertaining to the premises in which the service is or will be locate;

(12) A description of the services to be provided by the business, with sufficient detail to allow reviewing authorities to determine what business will be transacted on the premises, together with a schedule of usual fees for services to be charged by the licensee, and any rules, regulations or employment guidelines under or by which the business intends to operate. This description shall also include:

(a) the hours that the business or service will be open to the public, and the methods of promoting the health and safety of the employees and patrons and preventing them from engaging in illegal activity;

(b) the methods of supervision preventing the employees from engaging in acts of prostitution or other related criminal activities;

(c) the methods of supervising employees and patrons to prevent employees and patrons from charging or receiving fees for services or acts prohibited by this chapter or other statutes or ordinances;

(d) the methods of screening employees and customers in order to promote the health and safety of employees and customers and prevent the transmission of disease, and prevent the commission of acts of prostitution or other criminal activity;

(13) Such other information and identification as the County Sheriff's Office, Board of Health, or County licensing authority may reasonably required, in order to discover or verify the truthfulness and completeness of the matter as required to be set forth in the application. (Ord. 95-19, 9/12/95;Ord. 92-5, 9/1/92)