A person may not own or operate any adult-entertainment business without having first obtained an adult-entertainment business license as provided in this subtitle.
City Code, 1976/83, art. 30, §11.0-8a
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The owner and operator of the adult-entertainment business must apply jointly to the Board for the license.
The application must be in the form and contain the information that the Board requires.
An application for an adult-entertainment business license must be made on or before the date of applying for the conditional use approval required under the Zoning Code.
The adult-entertainment business license may not become effective unless a conditional use has been approved and any right of appeal contesting that approval has been exhausted.
City Code, 1976/83, art. 30, §11.0-8b1
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The application of every owner and operator must be made as follows:if a corporation, by its chief executive officer;
if a partnership, by its managing partner; or
if a proprietorship, by its owners.
All information required in the application about an applicant must be given with respect to the individuals making the application, and the determination of the Board must be based on the eligibility of those individuals.
City Code, 1976/83, art. 30, §11.0-8b2(4th sen)
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On receipt of the application, the Board must investigate the character and qualifications of the applicants.
City Code, 1976/83, art. 30, §11.0-8b2(1st sen
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An adult-entertainment business license may not be issued to any person to own or operate an adult-entertainment business unless the applicant:based on the considerations specified in subsection (b) of this section, is of good moral character;
is at least 18 years of age; and
within the preceding 3 years, has not been convicted of or pleaded guilty or nolo contendere in any jurisdiction to a felony involving:moral turpitude;
controlled dangerous substances;
prostitution;
obscenity; or
any other crime that is sexual in nature.
In determining moral character, the Board must consider:all criminal convictions of the applicant; and
the business history of the applicant.
City Code, 1976/83, art. 30, §11.0-8b2(2nd, 3rd sens), §11.0-8b3
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On filing an application for a license (other than a renewal license), the applicant must post the proposed location for 15 days, in accordance with the Board’s rules and regulations.
If, within the 15-day posting period, the Board receives no more than 9 written objections from property owners or residents within the same election precinct as the proposed location, the adult-entertainment business license may be issued.
If, within the 15-day posting period, the Board receives 10 or more written objections from property owners or residents within the same election precinct as the proposed location, the Board must hold a hearing on the matter.
Unless the applicant agrees to a later date, the hearing must be held within 15 days after the last day of the 15-day posting period.
At the hearing, parties in interest and citizens must be given an opportunity to be heard.
City Code, 1976/83, art. 30, §11.0-8b6(1st-4th, 8th sens)
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The Board must notify the applicant in writing of its decision to grant or deny the license as follows:if no hearing is held under <cite data-path="|15|§1-12|(c)">§ 1-12(c) of this subtitle</cite>, within 15 days after the last day of the 15-day posting period; and
if a hearing is held under <cite data-path="|15|§1-12|(c)">§ 1-12(c) of this subtitle</cite>, within 15 days after conclusion of the hearing.
Any denial of an adult-entertainment business license must be based solely on the qualifications set forth in <cite data-path="|15|§1-11">§ 1-11 of this subtitle</cite>.
The notice of a denial must:specify the reasons for the denial; and
notify the applicant of the opportunity to request a hearing under <cite data-path="|15|§1-30">§ 1-30 of this subtitle</cite>.
City Code, 1976/83, art. 30, §11.0-8b6(5th, 6th sens), §11.0-8b5(1st, 3rd sens)
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Each adult-entertainment business license expires annually on June 30 and is renewable as provided in this section.
To renew an adult-entertainment business license, the licensee must apply no less than 30 days nor more than 60 days before the license expires.
The renewal application must be in the form and contain the information that the Board requires.
On filing the renewal application and payment of the renewal fee, the Board may approve the application, except as provided in subsection (d) of this section.
If, before the end of the renewal period, 10 or more written objections from property owners or residents within the same election precinct as the licensed premises are filed with the Board, the Board must hold a public hearing on the proposed renewal.
Parties in interest and citizens must be given an opportunity to be heard.
Any denial of a renewal license must be based solely on the standards set forth in <cite data-path="|15|§1-28">§ 1-28 of this subtitle</cite>.
City Code, 1976/83, art. 30, §11.0-8b4, 8f
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The annual license fee is $1,000 for each adult-entertainment business, payable on or before June 30 of each year.
The license fee for less than a full initial year is prorated quarterly.
City Code, 1976/83, art. 30, §11.0-8e
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If the Board denies an adult-entertainment business license or renewal license, the applicant may not reapply for at least 9 months from the date of the Board’s final decision or, if that decision was appealed, from the date of the final court decision.
City Code, 1976/83, art. 30, §11.0-8b6(6th sen.)
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An adult-entertainment business license is not transferable to a new owner or operator without a new application to the Board.
City Code, 1976/83, art. 30, §11.0-8j(1st sen.)
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