Gulfport Code of Ordinances § 5-360 Licenses required.
Sec. 5-360. - Licenses required.
(a) It shall be unlawful for a person to operate an adult entertainment business without a valid adult entertainment business operator's license ("operator's license") issued by the city by and through the director of urban development (the director). It shall be unlawful for a person who operates an adult entertainment business to employ a person to work and/or perform services on the premises of the adult entertainment business, if such employee is not in possession of a valid adult entertainment business employee license ("employee license") issued to such employee by the director pursuant to this division. It shall also be unlawful for any person to obtain employment with an adult entertainment business if such person is not in possession of valid adult entertainment business employee license issued to such person by the director pursuant to this division. Violation of any provision within this subsection shall constitute a misdemeanor.
(b) An application for an operator's license must be made on a form provided by the city. The application must be accompanied by a sketch or a 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 must 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.
(c) The applicant must be qualified according to the provisions of this article and the premises must be inspected and found to be in compliance with the law by the fire department and building official.
(d) If a person who wishes to operate an adult entertainment business is an individual, he must sign the application for a license as applicant. If a person who wishes to operate an adult entertainment business is other than an individual, each individual who has a twenty (20) percent, or greater interest in the business must sign the application for a license as applicant. If a corporation is listed as owner of an adult entertainment business, each individual having a twenty (20) percent or greater interest in the corporation must sign the application for a license as applicant.
(e) The fact that a person possesses other types of state or city permits and/or licenses does not exempt him from the requirement of obtaining a license for an adult entertainment business.
(f) Applications for an operator's license, whether original or renewal, must be made to the director by the intended operator of the enterprise. Applications must be submitted by hand delivery to the office of the director or the director's designee during regular working hours. Application forms shall be supplied by the director. The intended operator shall be required to give the following information on the application form:
(1) The full legal name and any other names, including aliases and nicknames, used by each applicant, and the permanent physical or street address and mailing address and Mississippi driver's license number of each applicant.
(2) The full legal name and any other names, including aliases and nicknames, used by each owner of the premises where the adult entertainment business is to be operated, and the permanent physical or street address and mailing address and drivers' license number and state of issuance of each owner.
(3) The full legal name and any other names, including aliases and nicknames, of the person or persons having the management or supervision of applicant's business and the full legal names and any other names, including aliases and nicknames, of all employees who will be employed on the premises, if known.
(4) The physical address and legal description of the location of the business for which the license is desired and a statement of the proposed schedule and operating hours and days.
(5) Written proof or verification that the applicant/operator is at least twenty-one (21) years of age.
(6) All residential addresses of the applicant/operator and owners for the past ten (10) years.
(7) The applicant's/operator's height, weight, color of eyes and hair.
(8) The business, occupation or employment of the applicant/operator and owner for ten (10) years immediately preceding the date of application.
(9) Whether the applicant/operator and/or owner previously operated in this or any other county, city or state under an adult entertainment business license or similar business license, whether the applicant/operator or owner has ever had such a license revoked or suspended, the reason therefore, and the business entity or trade name under which the applicant/operator or owner operated that was subject to the suspension or revocation.
(10) Fingerprints and two (2) portrait photographs at least two (2) inches by two (2) inches of the applicant/operator.
(11) The name under which the business is to be operated.
(12) A statement of the nature and character of applicant's business and a general description of the services to be provided in conjunction with such license sought.
(13) The telephone number of the business, if known at time of application.
(14) Whether or not the applicant/s and person or persons having the management or supervision of applicant's business have been convicted of a crime, the nature of such offense, the date of conviction, and the sentence received therefor.
(15) A detailed floor plan and site plan showing the building interior and grounds, including parking spaces, and the dimension of each portion.
(16) A copy of each and every other license, permit, or entitlement issued to the applicant for the business by any local, county, state, or federal agency, commission, or official and a statement of any conditions pertaining to each such license, permit, or entitlement.
(17) Copies of all conditional use permits or variances for the premises where any part of the business is sought to be located.
(18) A copy of any building or property lease or contract for the address where the business is sought to be located and the deed(s) or other legal instrument(s) that demonstrate the current owner of the property or properties where the business is to be located.
(19) A drawing of the premises for which the license is desired and which shows the location of the proposed premises in relation to other buildings, structures, parking areas, public or private streets, and sidewalks within one thousand (1,000) feet. Sufficient dimensions shall be included to indicate the relationship between the premises and such other buildings, structures, parking areas, etc. The number of parking spaces the premises will use to comply with city parking requirements shall be clearly shown on the drawing.
(20) A detailed explanation of all plans for insuring the safety of patrons in the event of fire, explosion, or other emergency, including compliance with all applicable fire prevention provisions of state law and city ordinances.
(21) If the business is in operation, the date on which the owner(s) acquired the business for which the license is sought and the date on which the business began operations as a sexually oriented business at the location for which the license is sought.
(22) If the business is not in operation, the expected startup date (which shall be expressed in number of days from the date of issuance of a license). If the expected startup date is to be more than ten (10) days following the date of issuance of a license, then a detailed explanation of the construction, repair or remodeling work or other cause of the expected delay and a statement of the time schedule and plan for accomplishing the same.
(23) A statement by which the applicant consents and agrees that any member of the city's police department, fire department, city attorney's office, code enforcement inspectors, building inspectors, health inspectors, or other officers of the city or state may enter and inspect any part of such premises, buildings, and structures.
(24) A statement authorizing any governmental agency to provide the city with any information pertinent to the application.
(25) The address to which the license is to be mailed or sent if issued.
(26) A statement under the oath that the applicant has read and understands the provisions of this chapter, that the applicant has personal knowledge of the information contained in the application, and that the information contained in the application is true and correct at the time the application is signed by the applicant.
(g) The operator's license application shall be accompanied by the following:
(1) Payment of the application fee in full;
(2) If the business is a Mississippi corporation, a certified copy of the articles of incorporation, together with all amendments thereto;
(3) If the business is a foreign corporation, a certified copy of authority to transact business in this state together with all amendments thereto;
(4) If the business is a limited partnership formed under the laws of Mississippi, a certified copy of the certificate of limited partnership, together with all amendments thereto;
(5) If the business is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto. If the establishment is a domestic or foreign limited liability partnership or limited liability company, a certified copy of the certificate of formation and the qualification documents, together with all amendments thereto;
(6) Proof of the current fee ownership of the tract of land on which the business is to be situated, in the form of a copy of the recorded deed;
(7) If the persons identified as the fee owner(s) of the tract of land in paragraph (f) are not also the owners of the business, then the lease, purchase contract, purchase options contract, lease option contract or other document(s) evidencing the legally enforceable right of the owners of the business to have or obtain the use and possession of the tract or portion thereof that is to be used for the business for the purpose of the operation of the business.
(8) Any of the items (2) through (7), above, shall not be required for a renewal application, if the applicant states that the documents previously furnished the Director with the original application, or previous renewals thereof, remain correct and current.
(h) Applications for an employee license to work and/or perform services in a sexually oriented business, whether original or renewal must be made to the director by the person to whom the employee license shall be issued. Each application for an employee license shall be accompanied by payment of the application fee in full. Application forms shall be supplied by the director. Applications must be submitted to the office of the director or the director's designee during regular working hours.
(1) Each applicant shall be required to give certain information on the application form which information shall include, but not be limited to the following:
a. The applicant's given name, and any other names by which the applicant is or has been known, including "stage" names and/or aliases;
b. Age, and date and place of birth;
c. Height, weight, hair color, and eye color;
d. Present residence address and telephone number;
e. Present business address and telephone number;
f. Date, issuing state, and number of photo driver's license, or other state issued identification card information;
g. Social Security number; and
h. Proof that the individual is at least twenty-one (21) years old.
i. The personal information provided in this subsection shall be confidential, and shall not be disclosed to the public except to the extent required by state or federal law.
(2) Attached to the application form for any license under this chapter shall be the following:
a. A color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by the police department. Any fees for the photographs and fingerprints shall be paid by the applicant.
b. A statement detailing the license history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant, in this or any other city, county, state, or country, has ever had any license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name(s) under which the license was sought and/or issued, the name(s) of the issuing or denying jurisdiction, and describe in full the reason(s) for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.
c. A statement whether the applicant has, within the past five (5) years, been convicted, or is awaiting trial on pending charges, of a "specified criminal activity" as defined in division 2, Definitions, and, if so, the "specified criminal activity" involved, the date, place and jurisdiction of each.
d. Payment of the application fee in full.
(i) Every application for a license under this article, whether an operator's license or an employee's license, shall contain a statement under oath that:
(1) The applicant has personal knowledge of the information contained in the application and that the information contained therein and furnished therewith is true and correct; and
(2) The applicant has read the provisions of this article.
(j) A separate application and permit shall be required for each adult entertainment business.
(Ord. No. 2679, § 2(Exh. A, art. IV, § A), 6-22-10)