(A) It shall be unlawful for any person who does not hold a permit to act as a manager, operator, or employee of an adult entertainment establishment.
(B) It shall be the duty of the licensee, operator, manager, and owners of each adult entertainment establishment to ensure that no person acts as a manager, operator, or employee of an adult entertainment establishment unless that person holds a permit.
(C) Any person who desires to obtain an original or renewal permit shall make application in person at the offices of the police department between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, city-observed holidays excepted. The application shall be made under oath upon a form prescribed by the Director of Public Safety and shall include:
(1) The name, home street address and mailing address (if different) of the applicant;
(2) Proof of the date of birth of the applicant and the identity of the applicant, including at least one photographic identity card issued by a governmental agency;
(3) A list of any criminal charges pending, convictions, and time of service in jail or prison as related to any violation of this chapter or any applicable offense that is specified in § 112.22(A)(10) of this chapter; and
(4) One passport-type photograph of the applicant of a size specified by the Director of Public Safety, which shall become part of the photographic identity cards if a permit is issued. If an on-site card is required under division (F) of this section, then the application must contain a second photograph of the same type.
(D) Each application shall be accompanied by a nonrefundable processing fee of $60. Each applicant shall be required to provide fingerprints to be used to verify the applicant's identity and criminal history information. Each applicant shall sign a waiver and authorization form authorizing the Director of Public Safety to request on behalf of the applicant criminal history reports from the Texas Department of Public Safety and any appropriate federal agency.
(E) The Director of Public Safety shall issue the permit within ten days from the date of filing of the application unless he finds that the application is incomplete or that the applicant has been convicted of or spent time in jail or prison for a violation of this chapter or an offense specified in § 112.22(A)(10) of this chapter within the time specified therein. If the application is not granted, then the applicant shall be given written notice of the grounds and of his right to provide a written response as provided by § 112.27 of this chapter, within ten days from the date of filing of the application.
(F) Each permit issued by the Director of Public Safety shall consist of either one or two photographic identification cards.
(1) Each employee of an adult entertainment establishment shall have an identification card, called a personal card.
(2) If an adult entertainment business is required by this chapter to have an on-site manager, then each employee of such a business shall have a second identification card, called an on-site card.
(G) Upon the applicant's completion of all requirements in division (C) of this section, then the applicant may, upon written request, be immediately issued a temporary permit which shall be valid until the third day after the applicant is given notice of the decision of the Director of Public Safety.
(H) If any personal card or on-site card is lost or stolen, the holder thereof shall immediately notify the Director of Public Safety and request a replacement, which shall be issued for a fee of $35. within three days following verification of the identity of the holder.
(I) No permit application shall be accepted nor shall a permit be issued to any person who does not provide proof that he or she is at least 18 years old. Any permit issued by virtue of any misrepresentation or error to any person under age 18 shall be void.
(J) A permit is valid for two years from the date of its issuance.
(K) A permit is personal to the named permit holder and is not valid for use by any other person.
(L) Each permit holder shall notify the Police Department of his or her new address within ten days following any change of his or her address.
(M) Each manager or employee shall conspicuously display his or her personal card upon his or her person at all times while acting as a manager or employee of an adult entertainment business.
(N) Each manager or employee who is required under this chapter to have an on-site card shall provide his or her on-site card to the manager or on-site manager in charge of the adult entertainment business to hold while the manager or employee is on the premises.
(O) In any prosecution under this section, it shall be presumed that the actor did not have a permit unless the permit was in display as required under division (M) of this section.
(P) In the event that the Director of Public Safety has reasonable grounds to believe that any permit holder has been convicted of or spent time in jail or prison for a violation of this chapter or an offense as specified in the applicable provisions of § 112.22(A)(10) of this chapter within the time specified therein, then the Director of Public Safety may revoke the permit under the procedures set out in § 112.26 of this chapter.
(Q) If the Director of Public Safety is authorized to deny the issuance of a permit, or revoke a permit as provided in this section, the applicant or permittee may appeal the decision of the Director of Public Safety in accordance with the procedures in § 112.27 of this chapter.
(Ord. 1597, passed 10-23-06) Penalty, see § 112.99