(A) To obtain a Class I or Class II SOBP, a complete application shall be filed with the City Manager. The application shall be filed on the form provided by the City Manager or an accurate and legible copy of that form. The applicant shall apply in person at the City Manager's office. The hours when applications can be submitted will be established by the City Manager. A notice of deficiencies shall be mailed to the applicant within five business days of receipt of the application if all the information required by these regulations has not been provided in the application. A receipt shall be mailed to the applicant within five business days of submission of a complete application to the City Manager.
(B) All applications shall provide the following information. The information in divisions (B)(1) and (B)(2) below will be made available to the public when a Class I application is received:
(1) The full legal name and any other name used by applicant;
(2) A general description of the enterprise, which shall include the address of the enterprise and the services and products which will be offered.
(a) A Class I SOBP shall be valid only for the address provided in the application.
(b) A Class II application must contain the residential address of the applicant.
(3) The applicant's complete business license or permit history, including any permit or license which has been issued to the applicant by any agency, board, city, county, or state, and any professional or vocational license or permit. This shall include those which have expired or are currently in effect and shall include any license or permit that has been denied, or was issued to the applicant and subsequently revoked or suspended. If there have been licenses or permits which were denied, revoked, or suspended, the permit history shall include the reason for that action;
(4) If the applicant intends to operate the enterprise under an assumed name, a copy of the assumed name certificate filed in compliance with Tex. Business and Commerce Code, Ch. 71, must be furnished to the city. If the enterprise is licensed under the Texas Alcoholic Beverage Code, the application shall be filed and the enterprise shall conduct business under the name shown on the liquor license. If the applicant is an individual, the applicant's valid driver's license number or State Department of Transportation identification card number shall be included;
(5) A nonrefundable fee, established by the City Council, shall be paid in the form of a money order or cashier's check;
(6) A statement under oath that:
(a) The applicant has personal knowledge of the information contained in the application and that the information contained therein is true and correct; and
(b) The applicant has read and understands these regulations.
(7) The applicant shall authorize the City Manager to seek information to confirm any statements set forth in the application.
(C) If the applicant is an individual, the applicant shall also provide:
(1) Each of the applicant's residential addresses for the three years immediately preceding the date of the application, indicating the dates of each residence and including the present address and telephone number of the applicant;
(2) The applicant's business, occupation, and employment history for the three years immediately preceding the date of application, indicating the applicable dates and addresses;
(3) Documentation that the applicant is at least 18 years of age;
(4) The applicant's height, eye color, and natural hair color. The applicant shall furnish two passport-type photographs of the applicant after a license is issued. One photograph shall be affixed to the SOBP and one photograph shall be retained by the City Manager. New photographs may be required by the City Manager's office upon application for renewal of SOBP;
(5) The applicant's criminal history, which shall consist of a statement of any charge to which the applicant entered a plea of nolo contendre or for which applicant received deferred adjudication, but it shall not include Class C misdemeanor traffic violations;
(6) The City Manager may require the applicant to furnish fingerprints for the purpose of establishing identification;
(7) Other identification and information as reasonably necessary in order to confirm the validity of information provided in the application; and
(8) A physical mailing address where the applicant can be reliably contacted.
(D) If the applicant is a corporation, partnership, joint venture, or other similar business entity, the applicant shall also include:
(1) A state corporation shall provide a copy of the articles of incorporation with amendments, names and residential addresses of all current officers and directors, and the names and addresses of each stockholder holding more than 5% of the stock of the corporation;
(2) A foreign corporation shall provide a copy of the certificate of authority to transact business in the state with all amendments, names and residential addresses of current officers and directors, and names and addresses of each stockholder holding more than 5% of the stock of the corporation;
(3) A general or limited partnership shall provide the name and residential address of each of the partners, including limited partners, if the applicant is a limited partnership formed under the laws of the state, and a copy of the certificate of limited partnership filed with the Office of the Secretary of State and amendments included. If one or more of the partners is a corporation, the information required of corporate applicants shall be included in the application in addition to these requirements;
(4) If the applicant is a joint venture or other similar entity, the names and residential addresses of the participants and their valid driver's license numbers or State Department of Transportation identification card numbers are required if the participants are individuals. If any participant is a corporation or partnership, the applicable information required in divisions (D)(1), (D)(2), or (D)(3) above shall be provided; and
(5) As to each person required to be identified in this section, the application shall also contain: a statement as to any ownership interest that person has in any other enterprise in the county; a description as to any management, supervisory, or oversight responsibility that person will have in the enterprise; a valid driver's license number or State Department of Transportation identification card number; and a certification as to each officer, director, partner, or participant that he or she has not been convicted of any of the crimes listed in § 110.27(E)(1)(d).
(E) Applicants for a Class I SOBP shall also provide:
(1) The name and residential address of each enterprise operator;
(2) The name and address of the owner of the real property at which the business is to be located and a copy of any lease or rental agreement;
(3) A reliable estimate of the number of employees, including a description of the capacities in which they will be employed, a general description of the management structure for the enterprise, and 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. Enterprises subject to § 110.39 are required to conform to that section;
(4) A certification that the proposed enterprise will be located:
(a) A minimum of 1,500 feet from any child-care facility, school, dwelling, hospital, public building, public park, or church or place of religious worship;
(b) A minimum of one mile from a penal institution as defined by the Texas Penal Code;
(c) Not more than two other Class I enterprises are located within a distance of 2,000 feet of the proposed location;
(d) This division (E)(4) shall apply only to the property uses in existence at that location at least 30 days prior to the date of application; and
(e) For the purposes of this division (E)(4),
MEASUREMENTS shall be made in a straight line from the nearest portion of the building or appurtenance used by the enterprise to the nearest portion of the building or appurtenance that is used for the purposes identified in divisions (A), (B), or (C) above. These distance restrictions apply to an identified purpose whether or not the building or appurtenance used for an identified purpose is located within the city or an unincorporated area of the county.
(5) The applicant shall post signs at the property where the proposed enterprise will be located. The signs shall be at least 24 inches by 36 inches in size and legibly state that a sexually-oriented business permit application has been filed and shall name the official who has received the application. It shall also state the date the application was filed and the phone number for the official responsible for processing the application. The sign shall inform the public that persons can contact that office for more information about the application. Each letter on the sign must be at least one and one-half inches by two inches in size. It shall be the duty of the applicant to erect each sign so that it is in a location clearly visible from the public sidewalk, road, or highway. A sign shall be placed on each side of the property visible from a public sidewalk, road, or highway. If a side of the property is longer than 300 feet, one sign shall be erected in each 300-foot increment of the property. The signs shall be erected within seven days after the filing of the application for the SOBP and remain until the application has been approved or denied by the City Manager. If the City Manager determines that the signs have not been erected pursuant to the requirements of this division (E)(5), a written notice shall be issued to the applicant identifying the deficiencies and no action shall be taken on the application until the signs have been erected as required; and
(6) Every applicant for a Class I SOBP shall give written notice of the application to all owners and lessees of real property within 1,500 feet of property on which the SOBP is requested. These owners and lessees are interested parties in any public hearing connected with the SOBP, including revocation hearings. The owners of these properties shall be notified as required in this division (E)(6) even if the property is not located in the incorporated area of the city. Owners of property within 1,500 feet of the proposed location that are not within the incorporated area of the city shall have the same rights under this division (E)(6) as the residents of the incorporated area of the city.
(a) Notice shall be sent within ten days after the application is filed with the City Manager and shall contain a legible copy of the "Notice to Interested Parties" included in the application form provided by the City Manager and shall contain the information described in divisions (B)(1) and (B)(2) above.
(b) Notice shall be given by posting the notice in the U.S. mail, properly addressed and postage prepaid.
(c) Each property owner and lessee so notified shall have 14 days to request a public hearing, as provided in § 110.26. The "Notice to Interested Parties" shall contain the procedures for requesting the hearing.
(Ord. 02-0521, passed 5-21-2002)