(A) A person commits an offense if he or she operates a sexually oriented business without a valid license, issued by the city for the particular type of business. A separate application and permit shall be required for each such business.
(B) An application for a license must be made on a form provided by the Police Chief. The application must 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 designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who must comply with § 154.088 below shall submit a diagram meeting the requirements of § 154.088 below.
(C) The applicant must be qualified according to the provision of this chapter.
(D) If a person who wishes to operate a sexually oriented business is an individual, he or she must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under § 154.074 below and each applicant shall be considered a licensee if a license is granted.
(E) An applicant shall be required to give the following information on the application form:
(1) The legal name and any other names (including all aliases and "stage names") used by the intended operator(s) and the owners; street address and mailing address (if different) and driver’s license number of the intended operator(s) and the owners;
(2) The name under which the enterprise is to be operated and a general description of the services to be provided;
(3) The telephone number of the sexually oriented business;
(4) The address and legal description of the tract of land on which the sexually oriented business is to be located;
(5) If the sexually oriented business is in operation, the date on which the owner(s) acquired the sexually oriented business for which the permit is sought, and the date on which the sexually oriented business began operations as a sexually oriented business at the location for which the permit is sought;
(6) If the sexually oriented business is not in operation, the expected startup date (which shall be expressed in number of days from the date of issuance of the permit.) If the expected startup date is to be more than ten days following the date of issuance of the permit, then a detailed explanation of the construction, repair or remodeling work or other cause of the unexpected delay and a statement of the owner’s time schedule and plan for accomplishing the same;
(7) The application shall be accompanied by the following:
(a) A certified copy of the assumed name certificate filed in compliance with the Assumed Business or Professional Name Act (Tex. Rev. Civ. Stat., Annotated, Business and Commerce Code, Chapter 36) if the sexually oriented business is to be operated under an assumed name;
(b) If the sexually oriented business is a Texas corporation, a certified copy of the articles of incorporation, together with all amendments thereto;
(c) If the sexually oriented business is a foreign corporation, a certified copy of the articles of incorporation, together with all amendments thereto;
(d) If the sexually oriented business is a limited partnership formed under the laws of Texas, a certified copy of the certificate of limited partnership, together with all amendments thereto, filed in the Secretary of State under the Texas Limited Partnership Act (Article 6132a Vernon’s Texas Civil Statutes);
(e) Proof of the current fee ownership of the tract of land on which the sexually oriented business is to be situated in the form of the recorded deed; and
(f) If the person identified as the fee owner(s) of the tract of land in division (E)(7)(e) above are not also the owners of the sexually oriented business, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owners or proposed owners of the sexually oriented business to have or obtain the use and possession of the tract or portion thereof that is to be used for the sexually oriented business for the purpose of the operation of the sexually oriented business;
(8) A statement under oath that the applicant has personal knowledge of the information contained in the application and that the information contained therein and furnished therewith is true and correct and that the applicant has read the provisions of this subchapter.
(F) The applicant must state on the application for a license which single type of sexually oriented business, as listed in § 154.072 above, the applicant will be operating. Operating any other type of sexually oriented business at this location is a violation according to the provisions of this chapter.
(G) A person who operates a sexually oriented business, as listed in § 154.072 above, or his or her agent or employee, commits an offense if he or she operates this business without maintaining on site at the sexually oriented business, a current roster of all employees along with a copy of a completed, updated identification card application for each employee; each application must have been approved by the Police Chief and on file at City Hall with the City Secretary. The roster shall be kept in a bound book of pages; the binding may be of glue, cloth, staples, wire spiral or loose leaf pages in a ring binder. The roster shall be available for inspection by representatives of the health, fire, police and code or Building Inspections Department in the course of any inspection of the premises. It is an offense to fail or refuse to have and maintain an accurate roster, or to fail or refuse to produce it for inspection upon verbal request by one authorized to inspect the premises.
(H) It shall be unlawful for any person to act as an employee for any sexually oriented business in the city unless the person first obtains and continues to maintain in full force and effect an identification card from the city as herein required. All potential employees of sexually oriented businesses must comply with division (I) below, and §§ 154.075(C), 154.077, 154.078, 154.079, 154.084, 154.085, 154.086 and 154.087 below, and not be in violation of § 154.074(A)(1), (A)(3), (A)(4), (A)(5), (A)(6), (A)(8) below before being issued an identification card to work at the sexually oriented business. A valid driver’s license, state identification card or passport, all with a photo, shall be required to be presented with all identification card applications. Each applicant must include his or her legal name and any other names (including all aliases and "stage names") used by the applicant. Application forms will be provided by the Police Chief and determination of compliance must be made by the Police Chief within 30 days from the date the application was filed at Godley City Hall with the City Secretary. The identification card will be issued and the application placed on file at the City of Godley City Hall with the City Secretary unless the Police Chief finds the potential employee failed to comply with this division. The Police Chief, upon approving issuance of an identification card, shall send to the applicant, by certified mail, return receipt requested, written notice of that action and state where the applicant must pay the fee and obtain the identification card. Each applicant must provide two copies of a recent photo when they arrive to pay the fee and obtain their identification card. The Police Chief’s approval of the issuance of an identification card does not authorize the applicant to work as an employee at a sexually oriented business until the applicant has paid all fees required by this chapter, obtained possession of the identification card and delivered a true and correct copy of the applicant’s identification card application to each sexually oriented business at which the applicant is an employee. The identification card, if granted, must state on its face the name and age of the person to whom it is granted, the expiration date, and include a photo identification of the person to whom it is granted. An identification card shall expire one year from the date of issuance and may be renewed only by filing an application in compliance with this division. The request for renewal must be made at least 30 days before the expiration of the identification card. When made less than 30 days before the expiration date, the expiration of the identification card will not be stayed. An identification card may be suspended, revoked and appealed in accordance with the procedures and standards of §§ 154.078, 154.079 and 154.080.
(I) No person may work for any sexually oriented business without having on his or her person at all times while at work an identification card issued by the Police Chief in division (H) above showing that he or she is currently licensed. The identification card shall be available at all times for inspection and shall be worn on the left breast of the employee during working periods. An employee shall not transfer his or her identification card to another person. While on the premises of a sexually oriented business, no one is allowed to wear another employee’s identification card.
(Ord. 12-3-98, passed 12-3-1998) Penalty, see § 154.999