License Required.
It is unlawful for any person to operate a sexually oriented business without holding a valid sexually oriented business license issued by the County pursuant to this Section.
An application for a license shall be made on a form provided by the County. If made by an individual, it shall be signed by that person; if made by a corporation, it shall be signed by the president or vice-president; if made by a general or limited partnership, it shall be signed by a general partner; if made by a limited liability company, it shall be signed by the manager.
The application shall be signed and notarized and shall include all information required in this Section, including the following:
1. The full true name and any other names used in the preceding five (5) years, current street address, and date of birth;
2. The current business address of the applicant, which shall be a street address and not a post office or other commercial mailbox address;
3. An original set of fingerprints of the signing applicant for conducting a criminal history background check pursuant to this Section;
4. The name, business location, business mailing address and phone number of the proposed sexually oriented business;
5. Written proof of age of the applicant, in the form of a copy of a birth certificate, a valid picture driver’s license, which will be photocopied by the Administrator, a valid passport or other picture identification issued by a governmental agency which will be photocopied by the Administrator;
6. A disclosure and listing of all prior and [sic] licenses or permits held by the applicant relating to a sexually oriented business, including their effective dates, the name and address of the government entity that issued them, and whether any such license or permit has been denied, revoked or suspended, or their business determined to be a public nuisance, and if so, the reason or reasons given.
7. If the application for a sexually oriented business license is by a domestic or foreign business entity, the name and address of the registered agent or other agent, if any, authorized to receive service of process.
Information provided pursuant to licensing shall be supplemented in writing by certified mail, return receipt requested, or in-hand delivery to the Administrator within (30) thirty working days of any change of circumstances that would render the information previously submitted false, incomplete or misleading. This shall be a continuing duty and failure to timely supplement the information provided shall be grounds for suspension or revocation of this license. An applicant whose fingerprint-based background check discloses any history of Specified Criminal Activity listed in the definition section of Appendix A, shall be responsible for providing documentary proof to the Administrator of the disposition of those cases disclosed.
If an omission or error is discovered by the Administrator or the applicant has improperly completed the application, the application will be returned to the applicant who shall be afforded (21) twenty-one calendar days to correct it. During the period in which the applicant is given to correct the application, the time period for granting or denying the license shall be stayed until a corrected application is submitted. No additional fee will imposed upon the applicant.
The application for a sexually oriented business license shall be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but shall 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 (6) inches.
A person who possesses a valid business license from the County is not exempt from the requirement of obtaining a sexually oriented business license if seeking to operate such a business.
If the applicant discloses the holding, suspension or revocation of a sexually oriented business license from a government entity other than the County, the Administrator shall have the right to request true and complete copies of any such licenses or rejections thereto together with any related documents. Applicant shall provide copies of the requested document within (10) ten calendar days of the request.
Approval or Denial of a License.
Within twenty (20) business days of the filing of a completed application for a sexually oriented business license, the Administrator shall issue the license to the applicant unless one or more of the following is determined to be true:
1. The applicant is less than eighteen (18) years of age.
2. The applicant is delinquent in the payment to the County of taxes, fees, fines, or penalties assessed against or imposed upon the applicant in relation to a sexually oriented business.
3. The applicant has failed to provide any of the information or documents required by this Section for the issuance of the license.
4. The applicant has been convicted of a Specified Criminal Activity. The fact that an appeal is pending on a conviction for a Specified Criminal Activity at the time of application shall not negate the effect of that conviction in disqualifying the applicant. A person whose conviction for Specified Criminal Activity has been reversed on appeal by the time of application, or while the application is being considered is brought to the attention of the Administrator, shall not be considered to be someone with a conviction. A conviction shall include a finding of guilty after a trial, a guilty plea, a plea of nolo contendere, or any disposition entered by a trial court recognized as a conviction by the laws and appellate court decisions of New Mexico.
5. The required license application fee has not been paid.
6. The applicant has made a false or misleading statement on the application or provided false or misleading information or documentation in connection with the application.
7. The proposed sexually oriented business is in a zoning district other than a district in which sexually oriented businesses are allowed to operate, or is not in compliance with the location restrictions established for sexually oriented businesses in the appropriate zoning district(s).
8. The applicant has had a sexually oriented business license revoked or suspended anywhere in the country within one year prior to the application, or has had a sexually oriented business license determined to be a public nuisance under any state law or county or municipal ordinance within one year prior to the application.
An applicant that is ineligible for a license due to a
§ 10.20414 conviction may qualify for a sexually oriented business license only after five (5) years have elapsed since the date of the conviction or since the date of completion of the terms and conditions of parole or probation, whichever is later. An applicant with a conviction or claiming completion of the terms and conditions of parole or probation shall provide documentary proof of same to the Administrator as part of his/her application.
The license, if granted, shall state on its face the name of the person or business entity to whom it is granted, the number of the license issued to that applicant, the expiration date, and that the license is for a sexually oriented business. The sexually oriented business license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
Fees.
The initial application fee and annual renewal fee for a sexually oriented business license shall be set by the Board and due at the time of filing of the initial or renewal application. Either fee is nonrefundable.
Expiration of License.
Each license shall expire one (1) year from the date of issuance and may be renewed by paying the required renewal fee and filing a renewal application not less than forty-five (45) calendar days before the expiration date, and when made less than forty-five (45) calendar days before the expiration date, the expiration of the license will not be affected so long as the application is filed prior to its expiration. Because a sexually oriented business shall be prohibited from operating if its license expires while awaiting a determination on it renewal application, early filing is encouraged. The Administrator shall approve, approve with conditions or deny renewal of the license within twenty (20) business days.
When the County denies renewal of a license, the applicant shall not be permitted to reapply for one (1) year from the date of denial. If, subsequent to the denial, the Administrator finds that the basis for denial of the license has been corrected, abated or was minor, the applicant shall be granted a renewal license. Any denial of renewal of a license is, in any event, appealable pursuant to
§ 10.20122.
Transfer/Change and Display of License.A licensee shall not transfer his or her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.
Licensee shall report to the Administrator within ten (10) business days any formal change in name of the sexually oriented business or any change in name of the business entity. Once reported, an amended license will be issued which issuance shall not change the duration of the license.
A sexually oriented business license shall be prominently displayed in a common area on the premises and visible to the public at all times it is open to the public.
Suspension or Revocation of License.
The Administrator may suspend a sexually oriented business license for a definite period not to exceed twelve (12) months, or revoke that license permanently, if he/she determines that:
Licensee or an employee of a licensee has violated or is not in compliance with any portion of
§ 10.20: SEXUALLY ORIENTED BUSINESSES.
Licensee or an employee of a licensee has permitted or been unable to prevent repeated instances of disorderly conduct anywhere on the premises of the Sexually Oriented Business which tend to disturb the peace.
Licensee or an employee of a licensee has offered for sale, permitted the offering for sale, or sold or permitted the sale or use, of any liquor or controlled substances anywhere on the premises of the sexually oriented business.
Neither licensee nor a registered manager is physically present at the licensed premises at all times the sexually oriented business is open to the public.
Adult entertainment permitted by the license was offered at the licensed establishment during hours prohibited by section 10.20.10.1 of the Code.
The licensee, manager or an employee has permitted or failed to prevent patrons from engaging in public displays of indecency in violation of state law or
§ 10.20.13 Criminal Penalties Related to Nudity and the Presence of Minors of this Code; or has permitted or failed to prevent patrons or employees from engaging in acts of prostitution or negotiations for acts of prostitution whether inside or outside of the licensed establishment.
The licensee made a false or misleading statement or provided false or misleading information in connection with licensee’s application for an initial or renewed license.
The licensee or manager is discovered to be under the age of 21, an employee is discovered to be under the age of 18, or a licensee or manager hired or permitted someone under the age of 18 to work or perform at the licensed premises.
The business entity of a licensee is no longer in good standing or authorized to do business in this state.
The licensee is delinquent in the payment to the County or state of any taxes or tax penalties.
The licensee or manager has knowingly permitted or failed to prevent any act of sexual intercourse, sodomy, oral sex or masturbation to occur whether inside or outside of the licensed establishment's premises.
The licensee, manager or an employee is convicted of a Specified Criminal Act. The fact that a conviction is being appealed shall have no effect on the suspension or revocation of the license. However, if such conviction has been reversed on appeal by the time of the application or while the application is being considered which is brought to the attention of the Administrator or Hearing Officer, the license will be reinstated, the appeal dismissed, and both sides will be responsible for only their own legal fees including any costs. As used herein, “conviction” shall include a finding of guilty after a trial, a guilty plea, a plea of nolo contendere, or any disposition entered by a trial court recognized as a conviction by the laws and appellate court decisions of New Mexico.
The licensee, manager or an employee refused to allow an inspection of the sexually oriented business premises as authorized by this Code.
