§ 18A-25. License required.

(a)

It is unlawful for any person to operate a sexually oriented business without a valid sexually oriented business license issued by the city pursuant to this article.

(b)

An application for a license must be made on a form provided by the enforcement officer. All applicants must be qualified according to the provisions of this article.

(c)

An applicant for a sexually oriented business license shall file with the enforcement officer a completed application made on a form prescribed and provided by the enforcement officer, along with a nonrefundable application processing fee of one hundred fifty dollars ($150.00), which application shall be notarized and contain the information specified in (1) through (13), infra, and the diagram described in subsection (d), infra.

(1)

The classification of sexually oriented business for which license is sought.

(2)

Names, any aliases or previous names, driver's license number, if any, business, mailing and residential address, telephone number, and Social Security numbers of the applicant and each general partner, corporate officer, director, and persons having a significant responsibility for management of the business, specifying the interest and management responsibility of each such applicant, partner, corporate officer and/or director. If the applicant is a corporation, in addition to the foregoing information, the same information is required of any person who has a twenty percent or greater interest in the corporation, and each such person must sign the application. And if the applicant is a corporation, all officers of the same must sign the application for a license.

(3)

If a partnership, whether general or limited; and if a corporation, date and place of incorporation, and evidence that it is in good standing under the laws of Texas, and the name and address of any registered agent for service of process.

(4)

Addresses of the applicant for the five (5) years immediately prior to the date of application.

(5)

Any and all criminal misdemeanor or felony convictions or forfeitures, other than parking offenses or minor traffic violations, including dates of conviction, nature of the crime, name and location of court and disposition for each individual, partner, corporate officer and/or director identified in paragraph 1, above, for the ten (10) years immediately preceding the date of application.

(6)

A description of the business, occupation of employment of the applicant for the three (3) years immediately preceding the date of application.

(7)

Whether the applicant or any individual, partner, corporate officer, or director identified in paragraph 1, above, has had a previous license under this chapter, or under other similar ordinances from another city or county, whether in Texas or any other state of the United States, denied, suspended or revoked, including the name and location of the sexually oriented business for which the license was denied, suspended, or revoked, as well as the date and place of the denial, suspension or revocation.

(8)

Whether the applicant or any individual, partner, corporate officer, or director identified in paragraph 1, above, holds any other licenses under this chapter, or other similar sexually oriented business ordinance from another city or county, and if so, the names and locations of such other licensed businesses.

(9)

The name and location of the proposed sexually oriented business, including a legal description of the property, the street address and telephone number, if any, together with the name and address of each owner and lessee of the property.

(10)

Two (2) two-inch by two-inch color photographs of each applicant, taken within six (6) months of the date of the application, showing only the full face of the applicant. The photographs shall be provided at the applicant's expense. Alternatively, the applicant may be required to submit to a photograph taken at the direction of the police chief.

(11)

Complete sets of fingerprints of each individual, partner, corporate officer and director on forms prescribed by the police chief.

(12)

Authorization for the city, its agents and employees to investigate and seek information to confirm any statements set forth in the application.

(13)

Identification and/or information, as requested by the police chief, supplemental to that required in a complete application when deemed necessary to confirm statements set forth in the application or determine compliance with this ordinance. The application will be deemed complete when the applicant submits responses to all inquiries on the application form.

The information provided pursuant to subsections (1) through (13) shall be supplemented in writing by certified mail, return receipt requested, to the enforcement officer within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete.

(d)

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 must 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. Applicants who must also comply with section 18A-51 relating to exhibition of sexually explicit films or videos shall submit also a diagram meeting the requirements of section 18A-51.

(e)

The applicant must be qualified according to the provisions of this ordinance and the premises must be inspected and found to be in compliance with the various laws enforced by the planning department, health department, fire department, and the building official. All inspections shall be completed and reported to the enforcement officer within thirty (30) days of the filing of the application with the enforcement officer.

(f)

All applications for a sexually oriented business license shall be submitted in the name of the person or entity proposing to conduct such sexually oriented business on the business premises. All applications must be signed by the applicant and notarized or certified to be true under penalty of perjury. If the operator of such business is not the owner of the land on which it is located, then the application must also be signed by the owner, as a coapplicant, and notarized or certified to be true under penalty of perjury.

(g)

The enforcement officer may request any information which is necessary to verify the actual ownership interest of the applicant in the land and the actual ownership of the business which seeks to be licensed, including, but not limited to, certified copies of articles of incorporation, certified copies of assumed name certificates, verified copies of partnership agreements and similar such documents which will assist him in verifying ownership.

(Ord. No. 2002-O-212, § 1, 9-3-02)