§ 26-34. License required.

(a)

It shall be unlawful for any person to operate a sexually oriented business in Sarasota County without a valid sexually oriented business license.

(b)

An applicant for a sexually oriented business license shall file in person at the office of the Sarasota County Administrator's Office a completed application made on a form provided by the County Administrator's office. The application shall be signed as required by subsection (d) 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 (1) through (7) below, accompanied by the appropriate fee identified in section 26-36:

(1)

The applicant's full true name and any other names used by the applicant in the preceding five years.

(2)

Current business address or another mailing address of the applicant.

(3)

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 governmental agency.

(4)

The business name, location, legal description, mailing address and phone number of the sexually oriented business.

(5)

The name and business address of the statutory agent or other agent authorized to receive service of process.

(6)

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 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.

(7)

A statement of whether any sexually oriented business in which an applicant has had an influential interest in the previous five years has, for conduct occurring when the applicant had the influential interest and had knowledge of the conduct been:

a.

Declared by a court of law to be a nuisance; or

b.

Subject to a court order of closure or padlocking.

The information provided pursuant to subsections (1) through (7) of this subsection shall be supplemented in writing by certified mail, return receipt requested, to the County Administrator's office within ten working days of a change of circumstances which would render the information originally submitted false or incomplete.

(c)

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 inches. Applicants who are required to comply with sections 26-44 and 26-48 of this chapter shall submit a diagram indicating that the interior configuration meets the requirements of those sections.

(d)

If a person who wishes to operate a sexually oriented business is an individual, he shall sign the application for a license as 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 applicant. Each applicant must be qualified under section 26-35 and each applicant shall be considered a licensee if a license is granted.

(e)

The information provided by an applicant in connection with an application for a license under this chapter shall be maintained by the County Administrator's office on a confidential basis, and such information may be disclosed only as required by law.

(f)

A sexually oriented business licensee shall be required to maintain employment records of all employees or other individuals providing services at the sexually oriented business that includes the following:

(1)

The employee's full true name and any other names used by the employee in the preceding five years;

(2)

Current business address or other mailing address of the employee;

(3)

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 governmental agency; and

(4)

A sworn, notarized statement affirming that the employee has not been previously convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this chapter.

(5)

It shall be unlawful for any person to be an "employee," as defined in this chapter, of a sexually oriented business in Sarasota County if:

a.

The individual is less than 18 years of age.

b.

The individual has failed to provide information the business is required to maintain as to its employees or has falsely answered a question or request for information on an employment application form.

c.

The individual has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this chapter.

(Ord. No. 2007-100, § 5, 6-10-2008)