(A) A person commits an offense if he or she operates a sexually oriented business without a valid license, issued by the town for the particular type of business.
(B) An application for a license must be made on a form provided by the office of the City Secretary. 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 a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
(C) The applicant must not be be disqualified according to the provisions 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 20% or greater interest in the business must sign the application for a license as applicant. Each applicant must not be disqualified under this chapter, and each applicant shall be considered a licensee if a license is granted.
(E) The fact that a person possesses a valid town license for any other business or commercial operation does not exempt him or her from the requirement of obtaining a sexually oriented business license. A person who operates a sexually oriented business and possesses a town license for any other business or commercial operation shall comply with the requirements and provisions of this subchapter as well as all other town ordinances, provisions of this code or zoning ordinance requirements, when applicable.
(F) The application must be accompanied by:
(1) A sketch or diagram drawn to scale of the floor plan(s). A professionally prepared sketch or diagram in the nature of an engineer or architect's blueprint is recommended but shall not be required. Each sketch or diagram shall be oriented to the north or to some designated street or landmark. Each sketch or diagram shall be drawn to a designated scale or with marked dimensions sufficient to show the various dimensions of all areas, walls, doors, windows or other material aspects of the premises. Each sketch or diagram shall include at least the following:
(a) The internal and external configuration of the premises, including a statement of total floor space occupied by the structure;
(b) A statement fully describing the external signage to be displayed on the premises, as well as signage intended to be displayed elsewhere in the town to advertise the business;
(c) The location of one or more manager's stations or office;
(d) The location of all electrical wiring and fixtures, including but not limited to lighting fixtures (including the illumination level of the fixtures), sound systems, special effects equipment, video display equipment, video surveillance systems, etc.;
(e) Designation of any portion of the premises in which customers will not be permitted or in which sexually oriented business activities will not be conducted;
(f) A plan or description of the safety and security measures for the inside and outside of the premises, its customers and employees; and
(g) A designation of the place(s) at which the license, a copy of the floor plan(s), and other necessary permits, licenses and signage will be conspicuously posted.
(h) The location of all bathrooms and the gender of each bathroom.
(2) All new applications shall include a certified survey map prepared by a licensed surveyor or licensed engineer which shows the required minimum distances from properties with protected uses or protected zoning.
(3) Each applicant shall sign a waiver and authorization form authorizing the Chief of Police to request on behalf of the applicant criminal history reports from the Texas Department of Public Safety and any appropriate federal agency.
(4) Each application shall contain the following statements signed by each applicant:
(a) "I represent that I have personal knowledge of all statements made and information given in this application and that the information is true and correct";
(b) If required by law or this chapter, that an outdoor sign was posted in conformance with this subchapter and state law not later than the sixtieth day before the date the application was filed; and
(c) Each applicant has read the provisions of this subchapter.
(Ord. 310, passed 3-11-2010)