(A) Application contents. All persons desiring to secure a license to operate a sexually oriented business shall make a verified application with the Chief. All applications shall be submitted in the name of an owner of the sexually oriented business, who shall be deemed the applicant. The application shall be signed by the applicant and notarized. If the applicant is a corporation, the application shall be signed by its president. If the applicant is a partnership, the application shall be signed by a partner. If the applicant is a limited liability company, the application shall be signed by the managing director. In all other instances where the owner is not an individual, the application shall be signed by an authorized representative of the owner. The Chief shall require proof of authorization before accepting an application. All applications shall be submitted on a form supplied by the Chief and shall require all of the following information:
(1) The name of the sexually oriented business and the class and type of sexually oriented business to be operated on the licensed premises.
(2) The street address and legal description of the premises at which the sexually oriented business is to be operated.
(3) The name, any aliases, mailing address for receipt of notices, home address and telephone number, occupation, date and place of birth and social security number, and fingerprints of each individual owner and each operator of the premises. If the owner is a partnership, this information shall be supplied for each general or limited partner. If the owner is a corporation or limited liability company, the same information shall be supplied for all stockholders or members who own more than a 10% interest in the company.
(4) The tax identification number and registered agent if the owner is required to have a tax identification number or registered agent, or designation of an owner or operator for purposes of notice and service of process. It shall be the duty of the applicant to update such information during the term of the license.
(5) The name, address and telephone number of the owner of the premises, if different from above, where the sexually oriented business will be located.
(6) A statement from the applicant whether the applicant and each person required to be identified in the application pursuant to this section, is previously operating in this or another city, county or state, has had a sexually oriented business license of any type, and if that license has ever been revoked or suspended, and if so, the reason for the suspension or revocation and the business activity subject to the suspension or revocation.
(7) A statement from the applicant and each person required to be identified in the application pursuant to this section that each such person has not been convicted of, or released from confinement for conviction of, or received an order of deferred adjudication on, any felony, whichever is later, within five years immediately preceding the application, or has not been convicted or not received an order of deferred adjudication, a misdemeanor or municipal or county ordinance violation, or released from confinement for conviction for a misdemeanor or municipal or county ordinance violation, whichever event is later, within two years immediately preceding the application, where such felony, misdemeanor or municipal or county ordinance violation constitutes a specified criminal act.
(8) The applicant and each person required to be identified in the application pursuant to this section shall attach two copies of a recent photo to his or her application form.
(9) A statement signed under oath that the applicant has personal knowledge of the information contained in the application and that the information contained therein is true and correct and that the applicant has read the provisions of the city code regulating sexually oriented businesses.
(B) Schematic diagram required. Upon application for a sexually oriented business license, the application shall be accompanied by a schematic diagram of the interior premises showing a plan thereof specifying the location of one or more operator's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which customers will not be permitted. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. The diagram shall also provide exterior information to identify points of egress and ingress, parking, loading, fencing, lighting and signage. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required. However, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Chief may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the internal and external configuration of the premises has not been altered since it was prepared.
(C) Incomplete application. Failure to provide the information and documentation required herein shall constitute an incomplete application and shall not be processed by the county. The Chief shall notify the applicant whether or not the application is complete within ten calendar days of the date the application is received by the Atascosa County Chief. In the event the Chief has determined that the application is incomplete, the notification sent by first class certified mail to the applicant shall include a written explanation of the reason(s) why the application is incomplete.
(D) Application fee. An application fee of $2,000 shall be submitted to the City Secretary with each initial or renewal application for a sexually oriented business. The City Council may change the application fees from time to time.
(Ord. 13-1094, passed 12-19-2013)