§ 12-52. Permitting provisions.

(a)

No sexually oriented business shall be permitted to operate without having first been granted an adult entertainment permit under this article.

(b)

The city manager is responsible for granting, denying, revoking, renewing, suspending, and cancelling adult entertainment permits for proposed or existing sexually oriented businesses. The chief of police is responsible for providing information on whether an applicant has been convicted of a specified criminal act during the time period set forth in section 12-55, inspecting any proposed, permitted or nonpermitted establishment in order to ascertain whether it is in compliance with applicable criminal statutes and ordinances, and for enforcing applicable criminal statutes and ordinances. The planning department is responsible for ascertaining whether a proposed establishment for which a permit is being applied for complies with all locational requirements of section 12-54 of this article, all applicable zoning regulations in effect in Mulberry and the Mulberry Comprehensive Plan.

(c)

Any person desiring to operate a sexually oriented business shall file with the city manager three copies of a sworn permit application on a standard application form supplied by the city manager.

(d)

The completed application shall contain, but not be limited to, the following information and shall be accompanied by the following documents:

(1)

If the applicant is:

a.

An individual, the individual shall state his legal name and any aliases and submit satisfactory proof that he is 18 years of age; or

b.

A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any; or

c.

A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process;

(2)

If the applicant intends to conduct the establishment under a name other than that of the applicant, the establishment's fictitious name and the county of registration under Section 865.09, Florida Statutes (1989);

(3)

Whether the applicant or any of the other individuals listed pursuant to subsection (d)(1) has, within the five-year period immediately preceding the date of the application, been convicted of a specified criminal act, and, if so, the specified criminal act involved, the date of conviction and the place of conviction;

(4)

Whether the applicant or any of the other individuals listed pursuant to subsection (d)(1) has had a previous permit under this article suspended or revoked, including the name and location of the establishment for which the permit was suspended or revoked, as well as the date of the suspension or revocation, and whether the applicant or any other individuals listed pursuant to subsection (d)(1) has been a partner in a partnership or an officer, director or principal stockholder of a corporation whose permit under this article has previously been suspended or revoked, including the name and location of the establishment for which the permit was suspended or revoked, as well as the date of the suspension or revocation;

(5)

Whether the applicant or any other individual listed pursuant to subsection (d)(1) holds any other permits under this article and, if so, the names and locations of such other permitted establishments;

(6)

The single classification of permit for which the applicant is filing;

(7)

The location of the proposed establishment, including a legal description of the property, and a street address;

(8)

The applicant's mailing address and residential address;

(9)

A recent photograph of the applicant;

(10)

Either the applicant's driver's permit number or his state or federally issued identification card number;

(11)

A certificate and straight-line drawing prepared by a Florida registered land surveyor depicting the property lines and the structures containing any established existing adult uses regulated by this article within 500 feet of the property to be certified and the property lines of any established church, school, child care facility, public recreation area within 500 feet, and any residential zoning district within 750 feet of the property to be certified. For purposes of this section, an adult use shall be considered existing or established if it is in existence at the time an application is submitted. Applicants for a renewal permit shall be exempt from this requirement.

(e)

In the event the city manager determines or learns at any time that the applicant has not properly completed the application for a proposed establishment, he shall promptly notify the applicant of such fact and shall allow the applicant ten days to properly complete the application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application).

(f)

By applying for a permit under this article, the applicant shall be deemed to have consented to the provisions of this article and to the exercise by the city of its respective responsibilities under this article.

(Ord. No. 12.92, § 3, 11-10-92)