§ 12-143. Licensing of sexually oriented businesses.

The following license provisions and regulations are ordained for the purpose of operating a sexually oriented business:

(1)

No person shall operate a sexually oriented business unless such person has received conditional use and site plan approval in accordance with chapter 48 of this Code and received a sexually oriented business license as provided by this section.

(2)

Every application for a sexually oriented business license prescribed in this section shall be upon a form approved by the town manager and shall be filed with the town clerk. An application shall be made under oath and shall contain the following information:

a.

If the applicant is a person, the name and residence address of such person including any aliases or other names by which the applicant is known or which the applicant has used at any time; the residence and address for the past two years, the business and home telephone numbers, occupation, date and place of birth, social security number, drivers license number, and a recent photograph of the applicant. If the applicant is a partnership, corporation, association, or other entity the same information is a requirement for all corporate officers, directors, and any individuals having a ten percent or greater interest in the corporation, partnership, association, or other entity.

b.

The address of the premises where the proposed sexually oriented business is proposed to be located;

c.

A complete statement of all convictions of any person whose name is required to be given in subsection (2)a of this section for any sexually related crime; prostitution or any violation of any law relative to prostitution; or of any crime involving sexual misconduct as codified in the laws of the United States, this or any other state including, but not limited to, convictions of violations of any of the offenses enumerated in G.S. 14-177—14-208, or the same offenses as codified in the laws of the United States, this or of any other state;

d.

A complete statement of any denial and/or revocation of any license, including the grounds and reasons theretofore, to operate a sexually oriented business by any governmental unit listed by name and address of any person whose name is required to be given in subsection (2)a of this section for the five years preceding the date of the filing of this application;

e.

A complete statement of any conviction for violation of any statute, law, ordinance or regulation concerning the operation of a sexually oriented business by any governmental unit listed by name and address of any person whose name is required to be given in subsection (2)a of this section for the five years preceding the date of the filing of this application;

f.

A description of any other business proposed to be operated on the same premises or on adjoining premises owned or controlled by the applicant or any other person or entity listed in subsection (2)a of this section.

g.

All applicants, and any individual listed in subsection (2)a of this section, shall submit to fingerprinting by a town police officer. The fingerprint cards shall be submitted to the S.B.I. for processing. Returned fingerprint cards and any criminal histories shall be kept on file in the town police department.

h.

A site plan showing the floor layout, customer area, and location of the structure to be used as a sexually oriented business on the property in accordance with all the requirements outlined in this article and in section 48-525.

i.

A current certificate and straight-line drawing prepared by a registered land surveyor depicting the property lines and the structure containing the proposed sexually oriented business and its distance from existing land uses to include, but not be limited to, established dwellings within the C-3 commercial services zoning district, residential zoning districts (R-1, R-2, R-3, C-4, SPD-20, SPD-C, CR), other sexually oriented business, religious complexes, libraries, schools, state licensed child day care centers, public playgrounds, public swimming pools, public parks, and any outdoor recreational use.

j.

A statement signed under oath that the applicant has personal knowledge of the information contained in the application, that the information contained therein is true and correct, the applicant consents to the investigation of his background by the town to verify the information provided, and that the applicant has read and understands the provisions of this article regulating sexually oriented businesses.

(3)

In addition to the requirements of subsection (2) of this section, every licensed sexually oriented business shall maintain a current list of all employees employed by the licensee showing: the legal name, current stage name, current address, current phone number, date of birth, and current driver's license number. In addition the licensee of a sexually oriented business shall maintain a record updated at least every six months of the height, weight, hair and eye color, scars, tattoos and a passport quality photograph of each employee.

(4)

The records required by this section shall be kept available and open for inspection by the police department at any time, or the state or county health departments, or by the director of planning and development or his authorized representative at any time the sexually oriented business is open for business.

(Code 1990, § 10-178)