9.60.040 License Required.
(1) It shall be unlawful for any person to operate a sexually-oriented business in Provo City without a valid sexually-oriented business license.
(2) It shall be unlawful for any person to be an employee, as defined in this Chapter, of a sexually-oriented business in Provo City without a valid sexually-oriented business employee license.
(3) An applicant for a sexually-oriented business license or a sexually-oriented business employee license shall file in person at the Provo City business license office a complete application made on a form provided by the Finance Director. The application shall be signed as required by Subsection (5) herein and shall be notarized. An application shall be considered complete when it contains, for each person required to sign the application, the information and/or items required in subsections (a) through (g) below, accompanied by the appropriate fee identified in Section 9.60.060 of this Chapter:
(a) the applicant’s full true name and any other names used by the applicant in the preceding five (5) years;
(b) current business address or another mailing address of the applicant;
(c) written proof of age, in the form of a driver’s license or a copy of a birth certificate accompanied by a picture identification document issued by a government agency;
(d) if the application is for a sexually-oriented business license, the business name, location, legal description, mailing address and phone number of the sexually-oriented business;
(e) if the application is for a sexually-oriented business license, the name and business address of the statutory agent or other agent authorized to receive service of process;
(f) a statement of whether an applicant has been convicted of or has pled guilty or nolo contendere to a specified criminal activity as defined in Section 9.60.020 of this Chapter, and if so, each 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; and
(g) a statement of whether any sexually-oriented business in which an applicant has had an influential interest, has, in the previous five (5) years (and at a time during which the applicant had the influential interest):
(i) been declared by a court of law to be a nuisance; or
(ii) been subject to a court order of closure or padlocking.
(h) The information provided pursuant to Subsections (a) through (g) of this Subsection (3) shall be supplemented in writing by certified mail, return receipt requested, to the Finance Director within ten (10) working days of a change of circumstances which renders the information originally submitted false or incomplete.
(4) An application for a sexually-oriented business license shall be accompanied by a legal description of the property where the business is located and 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 need not be professionally prepared but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches. Applicants who are required to comply with Subsections 9.60.140 and 9.60.180 of this Chapter shall submit a diagram indicating that the interior configuration meets the requirements of those Sections.
(5) If a person who wishes to operate a sexually-oriented business is an individual, the person shall sign the application for a license as the applicant. If a person who wishes to operate a sexually-oriented business is other than an individual, each person with an influential interest in the business shall sign the application for a license as the applicant. Each applicant shall be qualified under Section 9.60.050 and each applicant shall be considered a licensee if a license is granted.
(6) The information provided by an applicant in connection with an application for a license under this Chapter shall be maintained by the office of the Finance Director on a confidential basis, and such information may be disclosed only as may be required by law or court order, and only to the extent required, by law or court order.