§ 26-29. Qualifications of applicant.

(a)

An applicant for sexually oriented business permits of all kinds shall meet the following qualifications and conditions:

(1)

Is a person of good character and reputation and over 21 years of age;

(2)

Is a citizen of the United States and of this state and a resident of the state continuously for a period of not less than two years next preceding the date of the filing of the application;

(3)

Is the owner of the premises or has a bona fide written lease therefor;

(4)

Has not been convicted of a felony under the laws of the United States, this state; or any other state or country;

(5)

Has not been convicted in this or in any other state or by the United States or any country of soliciting for prostitution, pandering, letting premises for prostitution, contributing to the delinquency of juveniles, keeping a disorderly place, illegally dealing in controlled, dangerous substances, or illegal massage practices or any other violation of R.S. 37:3551—37:3567, or similar provisions of this Code;

(6)

Has not had a license or permit to operate a sexually oriented business issued by the United States, any state, or by any political subdivision of the state authorized to issue permits or licenses, revoked within one year prior to the application, or been convicted or had a judgment of court rendered against him involving violation of sexually oriented business ordinances by this or any other state or by the United States for one year prior to the application;

(7)

Has not been civilly adjudged by the city council or by a court of violating any of the provisions of this chapter;

(8)

Has not been convicted of violating any municipal or parish ordinance adopted pursuant to the provisions of this chapter or chapter 10 of this Code. If the applicant has been so convicted, the granting of a permit or of a renewal is within discretion of the chief of police;

(9)

Is not the spouse of a person whose application has been denied or whose permit has been revoked, unless judicially separated or divorced;

(10)

Has paid all taxes, licenses, fees and other charges due to the city by the applicant or his business;

(11)

If the applicant is a partnership or anyone in partnership with or financed by another, all members of the partnership or all the persons in any way financially interested in the business shall also possess the qualifications required of an applicant. The application shall state the full names of all partners and persons financially interested and furnish their proper addresses and each shall furnish his affidavit showing his qualifications, as required of an applicant;

(12)

If the applicant is a corporation, or a partnership consisting solely of corporations, all officers and directors and all stockholders owning in the aggregate more than five percent of the stock and the persons who shall conduct or manage or be appointed agent or manager of the business shall possess the qualifications required of an applicant, to be shown by the affidavit of each, accompanying the application:

a.

However, the requirements as to citizenship and residence do not apply to officers, directors and stockholders of corporations applying for sexually oriented business permits only.

b.

The corporation shall be organized under the laws of this state.

c.

If the applicant's business is to be conducted wholly or partly by one or more managers, agents, servants, employees, or other representatives, that person or persons shall also possess the qualifications required of the applicant, to be shown by the affidavit of each accompanying the application.

(13)

If the applicant, or any other person required to have the same qualifications, does not possess the required qualifications, the permit may be denied;

(14)

No permit shall be issued to any person who is an interposed person for the owner or proprietor of a business.

a.

The city council may require a full disclosure, in writing and under oath, of the details of the operation of any person it suspects of being interposed for another.

b.

The city council may order before the city council for examination the person suspected of being an interposed person.

c.

A person who is subsidized, financed or employed by a sexually oriented business to operate a business without disclosing the ownership of the sexually oriented business shall be considered an interposed person for the sexually oriented business under this chapter.

(b)

Any intentional misstatement or suppression of fact in an application for any permit or accompanying affidavit is grounds for denial or revocation of the permit, and shall be a misdemeanor punishable by a fine or not more than $500.00 and 60 days in jail.

(Ord. No. 2001-134, § 16-7, 11-14-2001)