§ 15-121. Nightclub permit required from chief of police—Application; issuance.

(a)

Every person desiring a business license to operate a nightclub, as defined in chapter 6, shall first apply to the chief of police, or his designee, for a permit to conduct such activity. Each such application shall be accompanied by a fee in the amount of $25.00. This fee and the additional costs charged by the Virginia State Police to conduct the background investigation set forth in subsection (b)(6), shall be paid to the treasurer of the county when the application is filed.

(b)

Information required on the permit application shall include, but not be limited to, the following:

(1)

The applicant's full name, age, sex, race, weight, height, hair and eye color, address, telephone number, date and place of birth and Social Security Number;

(2)

Names and addresses of references;

(3)

Whether the applicant has been convicted of any felony or misdemeanor and, if so, the nature of the offense, when and where convicted, and the penalty or punishment assessed;

(4)

Photograph and fingerprints of applicant;

(5)

Name and address of the business for which a permit is sought;

(6)

Written authorization to conduct a background investigation of the applicant, including fingerprints and personal descriptive information for the purpose of obtaining criminal history record information, the costs of which shall be borne by the applicant. The fingerprints shall be forwarded to Virginia State Police for processing through the Central Criminal Records Exchange to the Federal Bureau of Investigation as authorized by Code of Virginia, § 15.2-1503.1;

(7)

Written declaration, dated and signed by the applicant, certifying that the information contained in the application is true and correct.

(c)

For a corporation, partnership or other legal entity, "applicant" includes each officer, director, partner or principal of the entity and any managers of the business;

(d)

The applicant shall not be issued a permit if the county's investigation or the information furnished in compliance with this article shows that the applicant has been convicted within the last ten years from the date of the application of a felony or any other crime materially affecting the applicant's ability to conduct the permitted activity including a crime involving moral turpitude, or has been denied a permit or has had a permit revoked under any statute or ordinance similar in substance to the provisions of this article. In addition, each application shall be reviewed by the county departments charged with enforcing the business license, zoning, building, plumbing, utility, health, electric and fire prevention codes, as needed, and no permit shall be issued if the applicant's business in the county does not comply with these and any other applicable county or state laws or regulations.

(e)

Any changes in the ownership or principals of the business entity to which the permit is issued or in the managers of the business itself will automatically make the permit void. Such changes shall be reported to the chief of police or his designee, and a new application may be submitted for review.

(f)

Nightclubs shall be subject to the regulations regarding public dance establishments, set forth in chapter 3.

(Code 1978, § 12.1-7; Ord. of 10-28-98, § 1; Ord. of 9-26-01, § 1; Ord. of 11-18-09(3), § 1; Ord. of 2-24-10(1), § 1; Ord. of 7-25-12, § (2); Ord. of 9-27-17(2))

(Code 1978, § 12.1-7; Ord. of 10-28-98, § 1; Ord. of 9-26-01, § 1; Ord. of 11-18-09(3), § 1; Ord. of 2-24-10(1), § 1; Ord. of 7-25-12, § (2); Ord. of 9-27-17(2))