§ 21-2-202. APPLICATION; FEE.

(a)

Application. Each application for an adult entertainment business license shall be on the form provided by the Department and shall contain:

(1)

The name and address of the applicant;

(2)

If the applicant is an individual, the applicant's residence address for the 3-year period preceding the date of application;

(3)

If the applicant is a corporation:

(i)

The name and business residence addresses of each officer, director, and stockholder;

(ii)

The name and business residence addresses of each officer, director and stockholder of each corporation holding 10% or more of the stock of the applicant corporation;

(iii)

The residence address for the 3-year period immediately preceding the date of application of each officer, director, and stockholder of the applicant;

(iv)

The residence address for the 3-year period immediately preceding the date of application of each officer and director of each corporation holding 10% or more of the stock of the applicant corporation;

(v)

The name and business and residence addresses of the resident agent of the applicant corporation; and

(vi)

A copy of the documents establishing the corporation and the corporation's bylaws;

(4)

If the applicant is an association or partnership:

(i)

The name and business and residence address of each principal or partner;

(ii)

The residence address for the 3-year period immediately preceding the date of application of each principal or partner;

(5)

A complete set of fingerprints taken by the County Police Department of each individual listed in paragraphs (2), (3)(i) and (ii), and (4) of this subsection;

(6)

The location and mailing address of the proposed establishment;

(7)

A description of the facilities and display devices and viewing booths, if applicable, to be offered or available on the premises;

(8)

The history of the applicant and each of its officers, directors, principals, and partners, if applicable, in the operation of an adult entertainment business in any jurisdiction, including whether any permit or license for the applicant and each of its officers, directors, principals, and partners, if applicable, has been denied, suspended, or revoked and the reason for the denial, suspension, or revocation;

(9)

Other than misdemeanor traffic violations of the applicant, the criminal record, if any, including:

(i)

If the applicant is a corporation, the applicant's officers, directors, and principals; and

(ii)

If the applicant is a partnership or association, the applicant's principals and partners; and

(10)

A notarized statement by the applicant, or if the applicant is a corporation, association, or partnership, by an authorized officer, principal, or partner of the applicant, attesting to the truth of the information provided in the application.

(b)

Fee. Each application shall be accompanied by:

(1)

An application fee of $200, which is not refundable; and

(2)

The license fee required by this title.

(c)

Application continuing in nature. The application is continuing in nature and the applicant shall furnish the Director with changes in information as they occur.

(d)

Approval and denial.

(1)

The Department shall act on the license application within 30 days of receipt of the application.

(2)

If the applicant complies with the requirements of this title, the application shall be approved.

(3)

If the Department fails to act on the license application within 30 days, the application shall be deemed to be denied.

(1988 Code, § 24-474) (Bill No. 29-98, § 3, 3-20-1998; Bill No. 73-03, § 37, 7-1-2004)

  Annotation— The licensing scheme for adult entertainment businesses was found unconstitutional in an unreported decision by the Federal District Court of Maryland in Allno Enterprises, Inc. v. Baltimore County, CA-99-1249-S (2000).