Brevard County |
Code of Ordinances |
CODE OF ORDINANCES OF BREVARD COUNTY, FLORIDA VOLUME II |
Chapter 62. LAND DEVELOPMENT REGULATIONS |
Article XVI. COMMERCIAL PHYSICAL CONTACT PARLOR ADULT CODE |
Division 2. LICENSING |
§ 62-6132. Application for license; application fee; consent by applicant.
(a)
Required. Any person desiring to operate a commercial physical contact parlor shall file with the permitting and enforcement department a sworn license application on standard application forms supplied by the permitting and enforcement department.
(b)
Contents of application. The completed application shall contain 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 at least 18 years of age or older; or
b.
A partnership, the partnership shall state its complete name and the residence address of at least one person authorized to accept service of process; 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 name and address of the registered corporate agent for service of process; the name, address, and telephone number of the person making the application for the corporation; and provide a copy of its articles of incorporation;
(2)
All business names and telephone numbers to be used by the establishment. If the applicant intends to conduct the establishment under a name other than that of the applicant, the establishment's fictitious name registration under § 865.09, Florida Statutes;
(3)
Whether the applicant has, within the five-year period immediately preceding the date of the application, been convicted of a felony of any state or of the United States or any specified criminal act and, if so, the specific crime involved, the date of conviction and the place of conviction;
(4)
Whether the applicant or the partnership or corporation making application for the license has had a previous license under this code or other code sections dealing with an adult establishment or adult entertainment establishment;
(5)
Whether the applicant or partnership or corporation making application for the license holds any other licenses under this code or any other code sections dealing with adult entertainment and, if so, the names and locations of such other licensed establishments;
(6)
The single classification of license for which the applicant is filing;
(7)
The location of the proposed establishment, including a legal description of the property site, a legal street address, the name and address of the real property owner of the site, and a notarized statement of consent to the specific proposed adult establishment use from the owner of the property;
(8)
The applicant's mailing address, business addresses, residential address, and all business and residential telephone numbers; and
(9)
A site plan drawn to appropriate scale of the proposed establishment, including, but not limited to:
a.
All property lines, rights-of-way, and the location of buildings, parking areas and spaces, curb cuts, and driveways.;
b.
All windows, doors, entrances and exits, fixed structural features, walls, stages, partitions, projection booths, admission booths, adult booths, concession booths, stands, counters and similar structures;
c.
All proposed improvements or enlargements to be made, which shall be indicated and calculated in terms of percentage of increase in floor size;
(10)
A recent photograph of the applicant; and
(11)
The applicant's driver's license number or the number of a state or federally issued identification card.
(12)
If the applicant is not the title owner of the real property, both a notarized statement that the owner of the real property has approved of the proposed adult use, and a copy of the lease or other rental agreement along with any related documentation.
(c)
Application fee. Each application shall be accompanied by a non-refundable fee of $250.00. Such application fee shall be used to defray the costs and expenses incurred by the various departments in reviewing applications. If the application for a license is approved and a license is granted, the fee shall be applied as a credit towards the annual license fee required for the first year pursuant to this code.
(d)
False, incorrect, or incomplete application. If the permitting and enforcement department determines or learns that the applicant has falsely or incorrectly completed an application, or has not properly completed the application, for a proposed establishment, the permitting and enforcement department may notify the applicant of such fact and the applicant will be allowed ten days to properly complete the application. The revised application shall then be promptly forwarded to the appropriate departments for further review. The time period for granting or denying a license under this code shall be stayed during the period in which the applicant is allowed such an opportunity to properly complete the application. Upon receipt of a revised application the 45-day time period for granting or denying a license is extended for ten additional days to a total of 55 days.
(e)
Consent. By applying for a license under this code, the applicant shall be deemed to have consented to the provisions of this code and to the exercise of their responsibilities under this code by the agents or departments of the county.
(Ord. No. 01-26, § 15, 5-2-01)