§ 18-93. Licensing and licenses.

(a)

All licenses issued under this article shall be a mere grant of privilege to carry on such business during the term of the license subject to all the terms and conditions imposed by this article and related laws, applicable provisions of this Code and other ordinances and resolutions of the county relating to such business and all amendments thereto.

(b)

All licenses under this article shall have printed on the front these words: "This license is a mere privilege subject to be suspended and revoked under the provisions of the Ordinances of Gilmer County."

(c)

A separate license shall be required for each place of business.

(d)

No license shall be issued to any person who is less than 25 years of age.

(e)

Any person, association, partnership or corporation desiring to obtain a license to operate, engage in, conduct or carry on any adult entertainment establishment shall make application to the chairperson of the board of commissioners or a designated representative. Prior to submitting such application, a processing fee of $2,000.00 shall be paid to the county to defray, in part, the cost of investigation and report required by this article. The chairperson shall issue a receipt showing that such processing fee has been paid.

(f)

The application for license does not authorize the engaging in, operation of, conduct of or carrying on of any adult entertainment establishment.

(g)

The premises for which the application is sought shall be posted with a sign in accordance with section 18-94.

(h)

Application for license shall be written and on forms supplied by the county at the county's administration office.

(i)

Such application shall state the full true name, address, and telephone number of the applicant; the place where the proposed business is to be located; the nature and character of the business to be carried on; if a partnership, the name of the partners; if a corporation, the names of the officers and shareholders; if other business entity, then the names of all persons holding any ownership or managerial interest therein; and such other reasonable information as may be required by the board of commissioners or the sheriff's department, and be sworn to by the applicant. Written proof that the applicant is not less than 25 years of age shall be supplied. The business, occupation or employment history of the applicant for the five years immediately proceeding the date of application shall be supplied.

(j)

The business license or occupation tax history of the applicant and whether such applicant, in previous operations in this or any other city, county, state or territory under license, has had such license or occupation tax certificate for an adult entertainment business or similar type of business revoked or suspended, the reason therefore and the business activity or occupation subsequent to such action of suspension or revocation.

(k)

If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the place and date of incorporation, and the names and addresses of each of its current officers and directors. If the applicant is a partnership, the applicant shall set forth the name, residence address and dates of birth of partners. If the applicant is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the county clerk. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officer or general partners to act as its responsible managing officer. Such designated person shall complete and sign all application forms required of an individual applicant under this article, but only one application fee shall be charged.

(l)

If the applicant, any partners or any corporate officers or directors, if the applicant is a corporation, have been convicted of any crime involving a good moral character in the past 15 years and, if so, a complete description of any such crime including date of violation date of conviction, jurisdiction and any disposition, including any fine or sentence imposed and whether terms of disposition have been fully completed.

(m)

If applicant is a person doing business under a trade name, a copy of the trade name properly recorded. If the applicant is a corporation, a copy of authority to do business in the state, including articles of incorporation, trade name affidavit, if any, last annual report, if any.

(n)

At least three character references from individuals who are in no way related to the applicant or individual shareholders, officers or directors of a corporation and who are not or will not benefit financially in any way from the application if the license is granted and who have not been convicted of any crime involving moral character. The county administration shall prepare forms consistent with the provisions of this subsection for the applicant who shall submit all character references on such forms.

(o)

The applicant for a license shall provide the address of the premises to be regulated.

(p)

The applicant for a license shall indicate whether the premises are owned or rented.

(q)

The applicant for license shall provide a plat by a registered engineer or surveyor, licensed by the state showing the location of the proposed premises is not inconsistent with the provisions contained in section 18-92.

(r)

Each applicant for an adult entertainment establishment license shall be verified and acknowledged under oath to be true and correct by:

(1)

If the applicant is an individual, the individual;

(2)

If by a partnership, by the manager or general partner;

(3)

If a corporation, by the president of the corporation;

(4)

If any other organization or association, by the chief administrative official.

(s)

An applicant shall furnish all data, information and records requested by the county and failure to furnish such data, information and records within 30 days from the date of such request shall automatically serve to dismiss, with prejudice, the application. An applicant by filing any application agrees to produce for oral interrogation any person requested by the county or the county attorney who is considered as being important in the ascertainment of the facts relative to such license. The failure to produce such person within 30 days after being requested to do so shall result in the automatic dismissal of such application.

(t)

For the purpose of this article, the term "applicant" shall include a person or persons and, in the case of partnership or corporation, all partners, officers, directors, principals, and shareholders of such partnership or corporation.

(u)

Each application must be complete in its entirety before being accepted by the county for filing and processing.

(Ord. of 6-27-1996, § 9)