Athens City Code

1. (1) Any person, partnership or corporation desiring to secure a license shall make application to the city manager. The application shall be filed in triplicate with and dated by the city. A copy of the application shall be distributed promptly by the city manager to the city police department and to the applicant.
2. (2) The application for a license shall be upon a form provided by the city manager. An applicant for a license, including any partner or limited partner of the partnership applicant, and any officer or director of the corporate applicant and any stockholder holding more than five percent of the stock of a corporate applicant or any other person who is interested directly in the ownership or operation of the business, shall furnish the following information under oath:
   1. (a) Name and address, including all aliases.
   2. (b) Written proof that the individual is at least 18 years of age.
   3. (c) All residential addresses of the applicant for the past three years.
   4. (d) The applicant's height, weight, and color of eye and hair.
   5. (e) The business, occupation or employment of the applicant for five years immediately preceding the date of the application.
   6. (f) Whether the applicant previously operated in the county or any other county, city, or state under an adult-oriented establishment license or similar business license; whether the applicant has ever had such a license revoked or suspended, the reason therefor, and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation.
   7. (g) All criminal statutes, whether federal or state, or city ordinance violation convictions, forfeiture of bond and pleadings of nolo contendere on all charges, except minor traffic violations.
   8. (h) Fingerprints and two portrait photographs, at least two inches by two inches, of the applicant.
   9. (i) The address of the adult-oriented establishment to be operated by the applicant.
   10. (j) The names and addresses of all persons, partnerships, or corporations holding any beneficial interest in the real estate upon which such adult-oriented establishment is to be operated, including, but not limited to, contact purchasers or sellers, beneficiaries of land trusts or lessees subletting to the applicant.
   11. (k) If the premises are leased or being purchased under contract, a copy of such lease or contract shall accompany the application.
   12. (l) The length of time the applicant has been a resident of the city or its environs immediately preceding the date of the application.
   13. (m) If the applicant is a corporation, the application shall specify the name of the corporation, the date and state of incorporation, the name and address of the registered agent and the name and address of all principal shareholders, officers, and directors of the corporation.
   14. (n) A statement by the applicant that he or she is familiar with the provisions of this chapter and is in compliance with them.
   15. (o) All inventory, equipment, or supplies which are to be leased, purchased, held in consignment, or in any other fashion kept on the premises or any part or portion thereof for storage, display, another use therein, or in connection with the operation of the establishment, or for resale, shall be identified in writing accompanying the application specifically designating the distributor's business name, address, phone number, and representative's name.
3. (3) Within ten days of receiving the results of the investigation conducted by the city police department, the city manager shall notify the applicant that his application is granted, denied, or held for further investigation. Such additional investigation shall not exceed an additional 30 days unless otherwise agreed to by the applicant. Upon conclusion of such additional investigation, the city manager shall advise the applicant in writing whether the application is granted or denied.
4. (4) Whenever an application is denied or held for further investigation, the city manager shall advise the applicant in writing of the reasons for such action. If the applicant requests a hearing within ten days of the receipt of notification of denial, a public hearing shall be held thereafter before the city council at which time the applicant may present evidence as to why is license should not be denied. The city council shall hear evidence as to the basis of the denial and shall affirm or reject the denial of an application at the hearing. If any application for an adult-oriented establishment license is denied by the city council and no agreement is reached with the applicant concerning the basis for denial, the city attorney shall institute suit for declaratory judgment in the chancery court of the county within five days of the date of any such denial and shall seek an immediate judicial determination of whether such license or permit may be properly denied under the law.
5. (5) Failure or refusal of the applicant to give any information relevant to the investigation of the application, or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding the application or his or her refusal to submit to or cooperate with any investigation required by this chapter, shall constitute an admission by the applicant that he or she is ineligible for such license and shall be grounds for denial thereof by the city manager.

(Code 1995, § 9-1004; Ord. No. 843, § 1, 4-21-1998)