§ 24-21. Application for permit, application fee, consent by applicant.

(a)

Required. Any person desiring to operate an adult entertainment establishment shall file with the department a sworn permit application on standard application forms supplied by the 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 such individual's legal name and any alias and submit satisfactory proof that such individual is at least 18 years of age;

b.

A partnership, the partnership shall state its complete name, the names and residential addresses and residential telephone numbers of all partners, whether general or limited, the names and addresses of all individuals under the age of 18, the residential address of at least one person authorized to accept service of process, and provide a copy of any existing partnership agreement; or

c.

A corporation, the corporation shall state its name, the date of its incorporation, evidence that the corporation is in good standing, the names and capacities of all officers, directors, and principal share holders, the name and address of the registered corporate agent for service of process, the name, residential address and residential 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 F.S. § 865.09;

(3)

Whether the applicant or any of the other individuals listed pursuant to subsection (a) 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 any of the other individuals listed pursuant to subsection (a) has had a previous permit under this Code suspended or revoked, including the name and location of the establishment for which the permit was suspended or revoked, as well as the date of the suspension or revocation, and whether the applicant or any other individuals listed pursuant to subsection (a) has been a partner in a partnership or an officer, director, or principal stockholder of a corporation whose permit under this Code has previously been suspended or revoked, including the name and location of the establishment for which the permit was suspended or revoked, as well as the date of the suspension or revocation;

(5)

Whether the applicant or any other individuals listed pursuant to subsection (a) holds any other permits under this Code, and if so, the names and locations of such other permitted establishments;

(6)

The classification(s) of permit 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 record title owner of the site, and a notarized statement of consent to the specific proposed adult entertainment use of the property from the owner of the property;

(8)

The applicant's mailing address, business address, residential address, and all business and residential telephone numbers;

(9)

A site and premises 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 stands; and

c.

All proposed improvements or enlargements to be made, which shall be indicated and calculated in terms of percentage of increase of floor size;

The sketch or diagram need not be professionally prepared but it 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 inches. The sketch or diagram shall designate any portion of the premises in which patrons will not be permitted.

(10)

A recent photograph of the applicant (if an individual); and

(11)

The applicant's social security number or employer's tax identification number and either the applicant's driver's license number or the number of a state or federally issued identification card.

(c)

Application fee. Each application shall be accompanied by a non-refundable fee of $500.00. Such application fee shall be used to defray the costs and expenses incurred by the various departments in reviewing applications. All application fees shall be subject to modification by resolution of the Okeechobee County Commission.

(d)

False, incorrect, or incomplete application. If the 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 department shall notify the applicant of such fact and the applicant will be allowed 20 days to correctly complete the application. The revised or corrected application shall then be forwarded to the appropriate departments for further review. (The time period for granting or denying a permit under this Code shall be stayed during the period in which the applicant is allowed the opportunity to properly complete the application.) Upon receipt of a completed application, the time period for granting or denying a permit is extended by the additional time needed by the applicant to submit a revised application, such addition not to exceed 20 days, wherein a complete application, including fees, will be tendered for approval.

(e)

Consent. By applying for a permit under this Code, the applicant shall be deemed to have consented to the provisions of this Code and to the exercise of the responsibilities under this chapter by the departments, employees, inspectors, or law enforcement officers of the county.

(Ord. No. 2000-03, § 1, 5-25-00)