A. An application for a license to operate an adult entertainment use shall be made to the Town Clerk, in a form prescribed by the Town Clerk, which application shall be submitted under oath and shall supply the following information:

(1) The name, address and phone number of the person, business or establishment applying for an adult entertainment use.
(2) The exact nature of the adult entertainment use and hours of its operation.
(3) A description of the location of the use and a description of all adjacent properties and uses.
(4) A copy of the site plan approval, as granted by the Town of Jerusalem Planning Board.
(5) A statement of the nature and character of the applicant's other business or businesses, if any, to be carried on in conjunction with the adult entertainment use.
(6) The name or names of the person or persons who will manage or supervise the applicant's business.
(7) The names, business and home addresses and business and home and cell phone numbers of all those persons or businesses having substantial connection with the business or establishment to be licensed.
(8) If applicable, a disclosure of the criminal record, if any, of any person who will manage or supervise the applicant's business or of any person having a substantial connection with the business or establishment to be licensed. Disclosure of convictions of crimes punishable to §§ 230 through 245 of the New York State Penal Law shall be disclosed if the same have occurred within a two-year period preceding the date of the application.
(9) The status of all other required local and state approvals.

B. Certificate of compliance. The application shall be accompanied by a certificate of compliance from the Town Code Enforcement Officer that certifies compliance with this article, all other applicable zoning, development, and land use regulations of the Town, and the NYS Fire Protection and Building Code.
C. Fee. An application for adult entertainment use license shall be accompanied by a nonrefundable fee in the amount as the Town of Jerusalem may from time to time establish by resolution.
D. Completeness. The application shall not be complete until all of the information required by Subsection A, the certificate required by Subsection B, and the fee required by Subsection C are received by the Town Clerk. The application shall not be deemed complete when the applicant shall have been convicted of a violation of this Code within the previous five years. When the application is complete, the Town Clerk shall accept it and forward it to the Town Board for its review and consideration.
E. Notice to neighbors. When the application is complete, the Town Clerk, by ordinary mail, shall notify the owners of all properties within 2,000 feet of the premises to be licensed of the receipt of the application, the name and address of the applicant, the premises to be licensed, the nature of the use applied for, and the owner’s privilege of submitting written comment to the Town Board within 10 business days of the mailing of the notice. For this purpose, the term “owner” shall mean the owner listed on the current tax roll of the Town of Jerusalem.
F. Action by the Town Board. The Town Board shall act on the application within 30 days of receipt from the Town Clerk.
G. Issuance. The Town Clerk shall issue the license within 10 days of the resolution of the Town Board approving it.
H. Inspection requirements. The owner or operator or an employee or agent of an adult entertainment business shall permit representatives of the Town of Jerusalem, the Yates County Sheriff’s Department, the New York State Police, the State Department of Health, local fire departments or any Town, county or state department or agency that has permitting authority regarding the use of the premises to inspect said premises for the purpose of ensuring compliance with this article at any time said business is occupied or open for business, without prior notice.

Grounds for denial or revocation of license.
The Town Board may deny or revoke a license on any of the following grounds:

A. That the use is prohibited by any local or state law or local law or ordinance.
B. That the applicant has falsified or failed to provide information required in the application for the issuance or amendment of an adult entertainment use license under this chapter.
C. That an inspection of the premises reveals that any applicable laws, ordinances, codes, rules and regulations pertaining to structure, fire, and safety have not been complied with.
D. That any persons managing or supervising the applicant's or licensee's business or any person having a substantial connection with the business or establishment has been convicted of a felony or a crime punishable pursuant to §§ 230 through 245 of the New York State Penal Code within a period of two years prior to the date of application.
E. That any person managing or supervising a licensed adult entertainment use or any person having a substantial connection with such a licensed use has been charged and found guilty of a misdemeanor or felony.
F. That the applicant or any person, business or establishment having a substantial connection with the business or establishment for which an application is made has had any license issued under this chapter revoked for cause during the preceding one-year period. If this license is revoked, the Town Clerk shall notify the licensee in writing, by certified mail, of the revocation.
G. That the owner, operator, or any person managing or supervising an adult entertainment business, or an employee thereof, has allowed any of the following to occur on the business premises:

(1) Any illegal gambling.
(2) Any act of sexual intercourse, sodomy, oral copulation, masturbation or other specified sexual activities.
(3) Any possession, use or sale of a controlled substance.

H. That the owner, operator, or any person managing or supervising an adult entertainment business, or an employee thereof, refuses to permit a lawful inspection of the premises at any time said premises is occupied or open for business.

Term of license.
Any license issued to operate an adult entertainment use shall expire on the 31st day of December succeeding its date of issue, unless revoked.

Display of license.
A licensee under this chapter shall cause the license for an adult entertainment use to be conspicuously displayed, in full view of patrons, at the location stated in such license.

Renewal of license.
A valid adult entertainment use license may be renewed for a period of one year at a time by following the license application procedures in § 160-110 above. Such renewal application must be submitted at least 30 days prior to the expiration of the current license, and the same shall be granted unless the applicant is found to be in violation of any of the subsections or instances in § 160-111 hereof.

Transfer of license.
No license issued under the provisions of this article shall be transferred or assigned to any person or used by any person other than the licensee to whom it was issued, nor shall such license be used or displayed at any location other than the location stated in such license.

Compliance with other standards required.
All adult entertainment uses licensed under this chapter must comply with the applicable laws, regulations and standards imposed by New York State, local land use control laws and any conditions imposed by any local governing body, board or agency.

Penalties for offenses.

A. Any licensee found guilty of violating any provisions of this article shall be guilty of a violation and shall be subject to a fine not to exceed $250 or to imprisonment for a period not to exceed 15 days, or to both such fine and imprisonment.
B. The continuation of an offense under this article, after notice of such, shall constitute, for each day the offense continues, a separate and distinct violation hereunder.
C. The continuation of an offense under this article, after notice of such, will constitute grounds for immediate revocation of the license to operate.
D. Notwithstanding Subsections A through C of this section, a violation of § 160-108I, § 160-108K or § 160-111H of this article shall be a misdemeanor.

Validity.
Should any section or provision of this article be declared by a court of competent jurisdiction to be invalid, such declaration shall not affect the validity of this article as a whole or any other part thereof.

See Article XX: Adult Entertainment Businesses for more information.
See Forms and Applications for more detailed information.