(a) The following are required to be licensed:
(1) all owners, clerks, and employees of a sexually-oriented business are required to be licensed to operate or work in said business. The term "employees" includes persons who work in a sexually-oriented business for gratuities or other compensation, and do not earn wages or a salary.
(2) all corporations or directors of corporations of any sexually-oriented business and their employees.
(3) all partners in any sexually-oriented business and their employees.
(4) all executive officers, corporations, partners, and lien holders and their employees which are associated with any sexually-oriented business requiring a license under this article.
(b) No person shall work for any sexually-oriented business without having at all times while at work, a valid current Texas driver's license or a state-issued identification card which depicts a picture of the person and indicates the person's date of birth.
(c) All potential employees and/or clerks of sexually-oriented businesses must comply with Sections 58-117(a), (b), (c), (h); 58-119(b); 58-120; 58-121; 58-122; 58-123; 58-126 of this article; and not be in violation of Section 58-118(a) (1), (3), (4), (6), (8), or (10) of this article before being issued an identification card to work at the business. Application forms will be provided by the Chief of Police and the determination of compliance must be made by the Chief of Police within thirty (30) days from time of application.
(d) An application for a sexually-oriented business license must be made on a form provided by the Chief of Police. 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. Applicants who must comply with Section 58-134 of this article shall submit a diagram meeting the requirements of Section 58-134. All locational requirements must be approved by the Chief of Police within 30 days from the time the application is filed. In addition to any other required information, an application for a sexually-oriented business license must also include the name, address, and telephone number of (1) each person not included in subsection (a) of this section who provided money or materials (including without limitations gifts, loans, or other forms of capital) for the establishment of the sexually-oriented business and (2) each person not included in subsection (a) of this section who will regularly receive income from the sexually-oriented business, other than a vendor from whom the sexually-oriented business purchases merchandise. Each application from an owner, part owner, or partner in the sexually-oriented business shall include an affidavit executed by the applicant stating that the applicant is aware of the requirements of Section 58-138 of this article and that the business is in compliance with said requirements.
(e) The applicant for a sexually-oriented business license must be qualified according to the provisions of this article.
(f) If a person who wishes to operate a sexually-oriented business is an individual, such person 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 an interest in the business must sign the application for a license as applicant and shall be considered a licensee if a license is granted.
(g) The fact that a person possesses any other valid license required by law does not exempt that person from the requirement of obtaining a sexually-oriented business license. A person who operates a sexually-oriented business and possesses another business license shall comply with the requirements and provisions of this article, as well as the requirements and provisions of the laws concerning the other license.
(h) Each applicant shall attach two copies of a recent photo to the application form.
(i) The application shall be accompanied by the following:
(1) payment of the application fee in full;
(2) if the establishment is a Texas corporation, a certified copy of the articles of incorporation, together with all amendments thereto;
(3) if the establishment is a foreign corporation, a certified copy of the certificate of authority to transact business in this state, together with all amendments thereto;
(4) if the establishment is a limited partnership formed under the laws of Texas, a certified copy of the certificate of limited partnership, together with all amendments thereto;
(5) if the establishment is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto.
(j) Each applicant for a business license shall, upon the filing of the application and payment of the filing fee, place signs (at least 24 inches by 36 inches in size) which provide notification and information specifically stating "SEXUALLY-ORIENTED BUSINESS LICENSE APPLICATION PENDING" and the date on which the application was filed. All lettering on the signs must be at least 1 1/2 inches by two inches in size for each letter on the sign. The signs must be of sufficient quantities to be placed upon the property so as to identify it as being subject to a proposed sexually-oriented license. It shall be the duty of each applicant as to each particular application to erect said signs along all the property's public road or highway frontage so as to be clearly visible from the public road or highway. If a property does not have a public road or highway frontage, then signs shall be placed upon the property in a manner to maximize the view of said sign when approached from the customary means of approaching the property. One sign shall be erected for each 300 foot increment of each public road or highway frontage on said property existing, or any part thereof. Said signs shall be erected not less than 14 days after the filing of the application for the sexually-oriented business license and remain erected until the application has been approved by the Chief of Police.
(k) Every applicant for a sexually-oriented business license shall give notice of the application by publication at the applicant's expense in two consecutive issues of a newspaper of general circulation published in the city. The notice shall be printed in ten-point boldface type and shall include the following:
(1) the fact that an application for a sexually-oriented business license has been filed with the city;
(2) the exact location of the place of business for which the permit is sought;
(3) the names of each owner of the business and, if the business is operated under an assumed name, the trade name together with the names of all owners; and
(4) if the applicant is a corporation, the names and titles of all officers.
Such notice shall be printed not less than 14 days after the application is filed with the Chief of Police.
(l) An applicant for a renewal permit on an existing business at the time of the passage of this article is not required to publish notice or meet the posting requirements of (j) and (k) above.
(Ord. No. 2414, 8-11-94; Ord. No. 3018, §§ 4, 5, 3-22-01)