10-9-19 EMPLOYEE LICENSES

A. It is unlawful for any sexually-oriented business to employ or for any individual to be employed by an adult/sex-oriented facility or business in Randolph Town unless that employee first obtains a sexually-oriented business license from the Town. B. Before any applicant may be licensed as a sexually-oriented business employee, the applicant shall submit in writing to the Town Recorder the following: 1. The correct legal name of the applicant and any other names or aliases used by the individual; 2. The applicants age, date and place of birth, height, weight, color of hair, color of eyes, present address and phone number, driver's license or identification number, and social security number; 3. Acceptable written proof that the applicant is at least eighteen years of age or, in the case of employees to be employed in businesses where a different age is required by law, proof of the required age; 4. Two color photographs of the applicant clearly showing the individual's face, and the individual's fingerprints on forms provided by the Rich County Sheriff's Office. For persons not residing in Rich County, the photographs and fingerprints shall be on forms from the law enforcement jurisdiction where the person resides. Fees for the photographs and fingerprints shall be paid by the applicant directly to the issuing agency; 5. For any applicant who works as a model, dancer, or escort, a certificate from the Rich County Health Department, stating that the individual has, within thirty days immediately preceding the date of the application, been examined and found to be free of the following contagious diseases: gonorrhea, syphilis, and chlamydia, and is negative for the AIDS antibody; 6. A statement of the business, occupation or employment history of the applicant for five years immediately preceding the date of the filing of the application; and 7. All criminal convictions or pleas of nolo contendere, except those which have been expunged, for five years prior to the date of the application. This disclosure shall include identification of all ordinance violations, excepting minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature of each conviction or nolo contendere and sentence of each conviction; identifying the convicting jurisdiction and sentencing court and providing the court identifying case numbers or docket-numbers. Application for a sexually-oriented business employee license shall constitute a waiver of disclosure of any criminal conviction or plea of nolo contendere for the purposes of any proceeding involving the employee license. C. Each initial application shall be accompanied by a nonrefundable fee as fixed by the Town to defray the costs of processing and investigating the application. Each applicant shall be required to pay regulatory license fees as fixed by the Town on a yearly basis. These fees are regulatory fees and shall be in addition to the other licenses and fees required to do business in the Town. D. The Town Recorder shall issue a license to the applicant within thirty days after receipt of a complete application unless he or she fords one or more of the following: 1. The applicant is under eighteen years of age or any higher age if the license sought requires a higher age; 2. The applicant is overdue in payment to the Town of taxes, fees, fines or penalties assessed against the applicant or imposed on the applicant in relation to an adult/sex oriented facility or business; 3. The applicant has falsely answered a material question or request for information as authorized by this Ordinance; 4. The applicant has been convicted of a violation of a provision of this Ordinance or a similar ordinance from another jurisdiction within two years immediately preceding the application (the fact that a conviction is being appealed shall have no effect on the denial); 5. The license fees required by this Ordinance have not been paid; 6. An applicant has been convicted of or has pled nolo contendere to a crime: a. involving prostitution; exploitation of prostitution; aggravated promotion of prostitution; solicitation of sex acts; sex acts for hire; compelling prostitution; aiding prostitution; sale, distribution or display of material harmful to minors; sexual performance by minors; possession of child pornography; public lewdness; indecent exposure; any crime involving sexual abuse or exploitation of a child; sexual assault or aggravated sexual assault; rape; forcible sodomy; forcible sexual abuse; incest; harboring a runaway child; criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses or offenses involving similar elements from any jurisdiction regardless of the exact title of the offense for which: i. less than two years have elapsed from the date of conviction if the conviction is of a misdemeanor offense or less than five years if the convictions are of two or more misdemeanors within the five years, or ii. less than five years have elapsed from the date of conviction, if the offense is a felony. b. The fact that a conviction is being appealed shall have no effect on the disqualification pursuant to this Ordinance. E. Sexually-oriented business employee licenses issued pursuant to this Ordinance shall be valid from the date of issuance through July 1st of the next calendar year. F. Any change in the information required to be submitted by this Ordinance shall be given, in writing, to the Town Recorder within fourteen days after such change. G. Sexually-oriented business employee licenses shall not be transferable. It is unlawful for a sexually-oriented business employee to transfer such license to another. Any such transfer or attempted transfer shall render the license null and void. If such license is void, the employee may not reapply for a new license for one year. H. It is unlawful for any individual licensed pursuant to this Ordinance to fail to carry their employee license on their person, at all times while engaged in licensed activities within the Town limits. If the individual is nude, such license shall be visibly displayed within the same room as the employee is performing. It is unlawful to fail to show the appropriate licenses while engaged in licensed activities within the Town limits upon request by the Rich County Sheriff's Office or other enforcement personnel or health official.