(a) Any person, partnership, or corporation desiring to secure a license shall make application to the adult-oriented establishmentboard. A copy of the application shall be distributed promptly to the county sheriff’s department.
Terms Used In Tennessee Code 7-51-1105
Adult-oriented establishment: includes , but is not limited to, an adult bookstore, adult motion picture theater, adult mini-motion picture establishment, adult cabaret, escort agency, sexual encounter center, massage parlor, rap parlor, sauna. See Tennessee Code 7-51-1102
Board: means the adult-oriented establishment board, or, if there is in existence in the county a massage registration board appointed by the county mayor, such board may be substituted for the board. See Tennessee Code 7-51-1102
Conviction: A judgement of guilt against a criminal defendant.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
County: as used in this part , means either a Class A county or a Class B county as classified in §. See Tennessee Code 7-51-1102
Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Person: means an individual, partnership, limited partnership, firm, corporation or association. See Tennessee Code 7-51-1102
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Service of process: The service of writs or summonses to the appropriate party.
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b) The application for a license shall be upon a form provided by the board. An applicant for a license shall furnish the following information under oath:
(1) Name and address, including all aliases;(2)Written proof that the individual is at least eighteen (18) years of age;(3) The business, occupation or employment of the applicant in an adult- oriented establishment for five (5) years immediately preceding the date of the application;(4) The adult-oriented establishment or similar business license history of the applicant; whether such applicant, in previously operating in this or any other county, city or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subject to such action of suspension or revocation;(5) Any conviction for or plea of nolo contendere to a specified criminal act, as defined in § 7-51-1102;(6) The address of the adult-oriented establishment to be operated by the applicant;(7)(A) If the applicant is a corporation, the application shall specify the name, address, and telephone number of the corporation, the date and the state of incorporation, the name and address of the registered agent for service of process of the corporation, and the names and addresses of the officers and directors of the corporation, and the names and addresses of any persons holding fifty percent (50%) or more of the stock of the corporation;(B) If the applicant is a partnership, the application shall specify the name and address of the partnership, and the name and address of all general partners of the partnership;(C) If the partnership is a limited partnership, the application shall specify the name and address of all general partners who have a controlling interest in the partnership; and(8) A statement by the applicant that the applicant is familiar with this part and is in compliance with this part.(c) Within ten (10) days of receiving the results of the investigation conducted by the board or the sheriff’s department, pursuant to § 7-51-1106(4), the board shall notify the applicant that the application is granted, denied or held for further investigation. Such additional investigation shall not exceed an additional thirty (30) days unless otherwise agreed to by the applicant. Upon the conclusion of such additional investigation, the board shall advise the applicant in writing whether the application is granted or denied.(d) Failure or refusal of the applicant to give any information relevant to the investigation of the application, or the applicant’s refusal or failure to appear at any reasonable time and place for examination under oath regarding the application or the applicant’s refusal to submit to or cooperate with any investigation required by this part constitutes an admission by the applicant that the applicant is ineligible for such license and shall be grounds for denial of the license by the board.
