(a)
It
shall be an offense for any person to operate a sexually oriented
business without a valid permit, issued by the city for the particular
type of sexually oriented business activity conducted.
(1)
A person, partnership, firm, association or corporation may not operate
a sexually oriented business without a valid permit issued by the
city for that particular type of sexually oriented business activity.
(2)
An application must be made on a form provided by the city secretary’s
office. 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
must be drawn to a designated scale with the dimensions of interior
walls indicated.
(3)
The fact that an applicant possesses other types of state or city
permits does not exempt him from the requirement of obtaining a sexually
oriented business permit.
(b)
The
provisions of this article shall apply to existing sexually oriented
businesses beginning ninety (90) days after the effective date of
Ordinance No. 9903.
(c)
Any
person, partnership, firm, association or corporation operating or
doing business as a sexually oriented business permitted under this
article shall include and prominently display their permit number
on all printed or written advertising used by said business.
(1983 Code, sec. 14-243; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997)
(a)
Any
person, partnership, firm, association or corporation desiring to
obtain a sexually oriented business permit shall apply to the city
secretary, who shall refer each application to the chief of police
for appropriate investigation.
(b)
Each
application shall be accompanied by the bond required by this article
and a nonrefundable application fee of six hundred fifty dollars ($650.00)
which is required to defray the actual costs of processing said permit
application, and which fee reflects the actual cost of processing
the permit application in accordance with section 243.009 of the Local
Government Code. The application fee required by this section and
the permit required by this article shall be in addition to any other
business permits which may be required by the Code of Ordinances,
City of Lubbock. The granting of a permit under this article shall
not be deemed evidence or proof that the permit holder has complied
with requirements and provisions of any other ordinances.
(c)
(1)
The permit fee for a sexually oriented business may be adjusted annually
commencing October 1, 1996, and each year thereafter, to correspond
to the actual cost of providing the applicable services. The base
level for said fee shall be the amount of said fee on the date of
the passage of Ordinance No. 9903.
(2)
On each October 1 thereafter, the finance director of the City of
Lubbock may adjust the fees provided for by this code and such other
fees as may be charged by the City of Lubbock in accordance with this
section and shall file with the city secretary a list setting forth
the adjusted fees.
(3)
The list filed with the city secretary as above provided shall be
the basis upon which all fees shall be charged except those set by
state law or other authority, and such list shall be a public record
and open to inspection by the public during all normal business hours
of the city.
(d)
No
portion of any fee collected under this section shall be returned
after a permit has been issued or refused. Each permit shall be effective
when issued and shall expire one year from the date of issue as shown
on the face of the permit.
(1983 Code, sec. 14-244; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997)
(a)
An
applicant for a sexually oriented business permit shall file with
the city secretary a typed and fully completed application, including
all attachments or submissions as may be required. The application
shall contain the following information and material:
(1)
The date of birth and full legal name, including any and all names by which the person has been known during the last five (5) years, of the applicant and of each person included within the definition of applicant as set forth at section 8.09.002 of this article.
(2)
If the applicant is a corporation, the exact corporate name, state
of incorporation and principal place of business for the corporation.
(3)
The current residence address of the applicant and of each person included within the definition of applicant as set forth at section 8.09.002 of this article.
(4)
The applicant’s two (2) residence addresses immediately preceding
the applicant’s present residence address, and the dates of
residency at each address.
(5)
The street address at which the applicant will conduct the sexually
oriented business activity, and the name under which the business
will be conducted.
(6)
A description of the sexually oriented business to be operated by
the applicant including a description of any service to be provided
or a generic description of product to be sold, rented or utilized
which qualifies the business as a sexually oriented business.
(7)
The telephone number(s) of the business.
(8)
The legal description of the parcel of land on which the business
is to be located. The application shall include legible and complete
copies of the recorded record establishing current ownership of the
parcel. If the applicant is not the owner of record of the parcel,
the application shall include a complete and legible copy of the lease,
if any, and such other documentation as may be necessary to show that
the applicant has the legal right to occupy and use the premises for
the purposes described in the application.
(9)
The date on which the applicant became owner of the business for
which a permit is sought, and the date on which the business began
operations at the location for which a permit is sought.
(10)
Written proof that the applicant and each person included within the definition of applicant as set forth at section 8.09.002 of this article is at least eighteen (18) years of age, or is at least twenty-one (21) years of age when the sale or consumption of alcoholic beverages would be an aspect of the venture.
(11)
The height, weight and color of hair and eyes of the applicant and of each person included within the definition of applicant as set forth at section 8.09.002 of this article.
(12)
Two (2) portrait photographs, at least two inches by two inches (2" x 2") in size, taken within six (6) months of the date of the application, of the applicant and of each person included within the definition of applicant as set forth at section 8.09.002 of this article.
(13)
The employment history of the applicant and of each person included within the definition of applicant as set forth at section 8.09.002 of this article, going back five (5) years from the date of application, setting forth the name, telephone number and address for each employer, nature of employment and the dates of employment. A complete and accurate description of previous self-employment shall be included.
(14)
All felony and misdemeanor convictions of the applicant and of each person included within the definition of applicant as set forth at section 8.09.002 of this article, and the applicant’s spouse, involving any of the offenses as described at section 8.09.048(c)(5) of this article.
(15)
Complete fingerprints recorded by the Lubbock Police Department of the applicant and of each person included within the definition of applicant as set forth at section 8.09.002 of this article.
(16)
The name, including any aliases and stage names by which the person
has been known during the last five (5) years, date of birth, current
residence address and clear, legible copy of current photo identification
of each person employed or intended to be employed by the applicant
in the sexually oriented business.
(17)
Such other information and identification as the chief of police
may require in order to establish the truth of the matters required
to be set forth in the application.
(18)
A written statement signed by the applicant and by each person included within the definition of applicant as set forth at section 8.09.002 of this article, stating that: He/she has read all of the provisions of this code relating to the operation of a sexually oriented business; that he/she has had the opportunity to review the same with such counsel as he/she has deemed desirable and that he/she understands the same; that he/she has a continuing duty to report any change in the status of information submitted in the application as required at L.C.O. 14-246-B [section 8.09.046]; and, that he/she intends to operate a sexually oriented business as defined in and regulated by this code.
(19)
The application shall be signed and verified by the applicant and by each person included within the definition of applicant as set forth at section 8.09.002 of this article.
(20)
The name and local address of each individual who will manage, direct,
or control the premises and operations of the permitted establishment
or venture.
(b)
The
application shall be signed and verified under oath that the information
contained therein, including each attachment or enclosure, is true
and correct.
(1983 Code, sec. 14-245; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997)
An application for a permit under this article shall include
the following attachments:
(2)
A
surety bond, letter of credit or other approved surety in the amount
of five thousand dollars ($5,000.00). The bond shall be executed and
acknowledged by the permit holder as principal and by a corporation
licensed to transact fidelity and surety business in the State of
Texas as surety. The bond shall be continuous in form and run concurrently
with the permit period, and shall be in favor of the city for the
benefit of any person injured by any act of the principal or the principals’
agent or employee, and shall be subject to claim by any person injured
thereby.
(3)
A certified copy of the assumed name certificate filed in compliance with the Assumed Business or Professional Name Act (Texas Revised Civil Statutes Annotated, Business and Commerce Code, chapter 36) if the applicant is to operate the business under an assumed name.
(4)
If
applicant is a Texas corporation, a certified copy of the articles
of incorporation, together with all amendments thereto.
(5)
If
applicant is a foreign corporation, a certified copy of the certificate
of authority to transact business in this state, together with all
amendments thereto.
(6)
If
applicant is a limited partnership formed under the laws of Texas,
a certified copy of the certificate of limited partnership, together
with all amendments thereto, filed in the office of the secretary
of state under the Texas Limited Partnership Act (article 6132a-1,
Vernon’s Texas Civil Statutes).
(7)
If
the applicant is a foreign limited partnership, a certified copy of
the certificate of limited partnership and the qualification documents,
together with all amendments thereto, filed in the office of the secretary
of state under the Texas Limited Partnership Act (article 6132a-1,
Vernon’s Texas Civil Statutes).
(1983 Code, sec. 14-246; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997)
In the event a lawfully operating sexually oriented business
desires to modify its operations by varying the activity, service
or products provided from those as approved on the face of the permit,
an application for a new permit shall be applied for and the applicant
shall not modify the operation to include any sexually oriented business
activity not approved on the face of the permit without first securing
the new permit as required.
|
Editor’s note–Ordinance 9903 enacted
new provisions designated as section 14-246-A. That section was editorially
renumbered as 14-246.1 of the 1983 Code which is printed in the section
above.
|
(1983 Code, sec. 14-246.1; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997)
(a)
The
applicant/permit holder shall have a continuing duty, during the term
of any permit or renewal thereof, to notify the chief of police of
any change in the status of any information required to be submitted
on the application for the permit.
(b)
The applicant/permit holder shall have a continuing duty, during the term of any permit or renewal thereof, to notify the chief of police of the hiring of an employee or change of status of an employee within fifteen (15) days of the date of hire or change of status. The notice shall include a legible copy of the employee application form and the employee photo and identification as required at section 8.09.008 of this article.
(c)
The
notices required in this section shall be given in writing, signed
by the applicant, and delivered or postmarked to the chief of police
within thirty (30) days of the change in status, unless otherwise
specifically provided for.
(d)
The
foregoing shall not be construed as affording to the applicant any
right not otherwise specifically granted under this article.
|
Editor’s note– 9903 enacted new provisions
designated as section 14-246-B. That section was editorially renumbered
as 14-246.2 of the 1983 Code which is printed in the section above.
|
(1983 Code, sec. 14-246.2; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997)
An applicant or permit holder shall permit representatives of
the police department, building inspection department, fire department
and environmental inspection services of the city to inspect the premises
of a sexually oriented business for the purpose of ensuring compliance
with the law at any time that the premises are occupied by one or
more persons.
(1983 Code, sec. 14-248; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997)
(a)
The
chief of police shall investigate said application and the background
of the applicant. At his discretion, the chief of police shall be
assisted in his investigation by the building official, environmental
inspection services officer, and/or the fire marshal. Within forty-five
(45) days after receipt by the city secretary of the fully completed
application for the permit, including all attachments or submissions
as may be required, the chief of police shall report the results of
the investigation to the city secretary.
(b)
Within
forty-five (45) days after receipt by the city secretary of the fully
completed application for the permit, including all attachments or
submissions as may be required, the city secretary shall inform the
applicant by certified mail, return receipt requested, as to the approval
or denial of said permit.
(c)
The
city secretary shall issue a permit to the applicant which shall be
valid only as to the sexually oriented business activities, services
or products described in the application and approved on the face
of the permit, unless one or more of the following conditions exists:
(1)
The location of the sexually oriented business or enterprise is or would be in violation of chapter 40 of the Code of Ordinances of the City of Lubbock, Texas.
(2)
The applicant has failed to make full disclosure, or to supply all
of the information requested on the application, or the application
is otherwise incomplete.
(3)
The applicant has provided false, fraudulent or untruthful information
on the application, or is attempting to acquire the permit under false
pretenses.
(4)
The application or the establishment or the venture does not meet
one or more of the requirements of this article.
(5)
An applicant or an applicant’s spouse has been convicted of
a crime:
(A)
Involving one or more of the following described offenses or of acts
which would constitute one or more of the following offenses if committed
in this state:
(i)
Any of the following offenses as described in chapter 43 of
the Texas Penal Code:
(iii)
Sexual assault or aggravated sexual assault as described in chapter 22 of the Texas Penal Code;
(iv)
Prohibited sexual conduct, enticing a child, or harboring a
runaway child as described in chapter 25 of the Texas Penal Code;
or
(vi)
Engaging in organized criminal activity as described in chapter
71 of the Texas Penal Code; or
(vii)
Criminal attempt, conspiracy or solicitation to commit any of
the foregoing offenses; and
(B)
For which:
(i)
Less than two (2) years have elapsed since the date of the conviction,
or the date of release from the terms of probation, parole or deferred
adjudication, or the date of release from confinement imposed for
the conviction, whichever is the later date, if the conviction is
of a misdemeanor offense;
(ii)
Less than five (5) years have elapsed since the date of conviction,
or the date of release from the terms of probation, parole or deferred
adjudication, or the date of release from confinement for the conviction,
whichever is the later date, if the conviction is of a felony offense;
or
(iii)
Less than five (5) years have elapsed since the date of the
last conviction or the date of release from confinement for the last
conviction, whichever is the later date, if the convictions are of
two (2) or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any twenty-four-month period.
(C)
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant or applicant’s spouse.
(D)
An applicant who has been convicted or whose spouse has been convicted
of an offense listed in this subsection may qualify for an adult entertainment
establishment permit only when the time period required under this
subsection has elapsed.
(6)
The correct permit fee has not been tendered to the city and, in
the case of a check or bank draft, honored with payment upon presentation.
(7)
The structure, configuration or layout of the premises, as proposed
by the applicant, if permitted, would not comply with all applicable
laws, including, but not limited to, the city building, zoning, fire
prevention and protection, and health ordinances and regulations.
(8)
The applicant or the applicant’s spouse has been convicted
of a violation of a provision of this article within two (2) years
immediately preceding the date of submission of the application to
the city secretary.
(9)
The applicant or the manager or any other person principally in charge
of the operation of the business is under eighteen (18) years of age,
or is under twenty-one (21) years of age and the sale or consumption
of alcoholic beverages would be an aspect of the venture.
(10)
The applicant has not demonstrated that the applicant owns, leases
or otherwise has or continues to have the lawful right to occupy and
use the premises for the purpose stated in the application.
(11)
The applicant has been a permit holder, owner or an employee with
managerial responsibilities for a sexually oriented business when
the permit for such business had been suspended on two (2) or more
occasions in any twelve-month period, or had been revoked, within
two (2) years preceding the date of the application.
(1983 Code, sec. 14-247; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997; Ordinance 10055, sec. 1, adopted 3/12/1998)
Each permit shall expire one year from the date of issue as
shown on the face of the permit. Application for renewal should be
made at least forty-five (45) days before the expiration date.
(1983 Code, sec. 14-249; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997)
When issued, the permit shall remain the sole property of the
city and shall be valid only as to the applicant and location for
which it was originally issued. The permit may not be sold or transferred,
voluntarily or involuntarily, to any other person or entity. The permit
shall not be transferred to a physical location other than the premises
described on the face of the permit.
(1983 Code, sec. 14-253; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997)
(a)
The chief of police may suspend a permit for a period not to exceed thirty (30) days if he determines that a permit holder or any employee of a permit holder has violated or is not in compliance with section 8.09.002, 8.09.008, 8.09.009, 8.09.010, 8.09.011, 8.09.041(c), 8.09.045, 8.09.046, 8.09.047, 8.09.050, 8.09.054, 8.09.081, 8.09.082, 8.09.083, 8.09.084, 8.09.085, 8.09.086, 8.09.087, or 8.09.088 of this article; or that a condition exists which would be grounds for denial of an application for a permit under section 8.09.048 of this article.
(b)
The city secretary shall inform the permit holder by certified mail, return receipt requested, of the suspension of a permit and of the permit holder’s right to appeal as set forth at section 8.09.053 of this article. Written notice of the suspension of a permit shall be posted in a conspicuous place on the business premises.
(1983 Code, sec. 14-250; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997)
(a)
The
chief of police shall have the authority to revoke a permit issued
under this article when it is determined that:
(1)
The permit has been suspended as provided at section 8.09.051 herein and the basis for the suspension has not been satisfactorily corrected or abated for at least five (5) days after notice of the suspension to the permit holder;
(2)
A suspension as provided at section 8.09.051 herein has occurred and the time for appeal to the permit and license review board has run [out] or a final decision on appeal upholding the suspension has been obtained from the permit and license review board; and the permit has been previously suspended at least one time in the twelve (12) months preceding the cause for the last suspension;
(3)
The permit holder knowingly or with criminal negligence operated,
provided or permitted a sexually oriented business activity or entertainment
to occur on the premises when such activity was not within the scope
of activity approved on the face of a valid permit or during a period
of time when the permit was suspended;
(4)
The permit holder knowingly or negligently permitted a common nuisance
or public nuisance to exist on the premises as defined by the Texas
Civil Practice and Remedies Code, section 125.001 et seq.;
(5)
The permit holder knowingly or with criminal negligence participated
in or permitted the unlawful possession, use or sale of a controlled
substance as defined by the Texas Controlled Substances Act on the
premises;
(6)
The permit holder knowingly or with criminal negligence participated
in or permitted prostitution, or its solicitation to take place on
the premises;
(7)
The permit holder knowingly or with criminal negligence participated
in or permitted a gambling offense as defined at chapter 47 of the
Texas Penal Code to take place on the premises;
(8)
The permit holder or its designated managing agent has been convicted, since the permit was issued, of a felony or misdemeanor described at section 8.09.048(c)(5) of this article;
(9)
The permit holder or its designated managing agent has knowingly
or without making a reasonable effort to determine the true age of
a person allowed a person under eighteen (18) years of age to be employed
therein, or under twenty-one (21) years of age to be employed therein
and the same or consumption of alcoholic beverages was an aspect of
the venture; or
(10)
The permit holder or its designated managing agent has made a false
or misleading statement of material fact in the application for the
permit required by this article, or has submitted a false, altered
or forged record or report required by this article to be submitted,
produced, maintained or prepared by the permit holder.
(b)
The city secretary shall inform the permit holder by certified mail, return receipt requested, of the revocation of a permit and of the permit holder’s right to appeal as set forth at section 8.09.053 of this article. Written notice of the revocation of a permit shall be posted in a conspicuous place on the business premises.
(1983 Code, sec. 14-251; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997)
The permit holder whose application for a permit has been denied
or whose permit has been suspended or revoked shall have the right
of appeal to the permit and license appeal board of the city. The
notice of appeal must be in writing, setting forth the specific grounds
for the appeal and filed in the office of the city secretary within
ten (10) days of the mailing by the city secretary of the notice of
denial, suspension or revocation of the permit to the permit holder
as required by this article. The filing of the notice of appeal stays
the suspension or revocation of a permit until the permit and license
appeal board issues a decision on the appeal. The decision of the
permit and license appeal board shall be final except as otherwise
provided by law.
(1983 Code, sec. 14-252; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997; Ordinance 10055, sec. 2, adopted 3/12/1998; Ordinance 2007-O0012, sec. 1, adopted 1/25/2007)
(a)
A
permit issued under this article and a copy of the diagram of the
configuration of the premises submitted with the application shall
be displayed at all times in an open and conspicuous place on the
premises of the business for which it was issued.
(b)
The
permit holder shall continuously display during all hours of operation
a sign posted at or about eye level, at each public entrance to the
premises, of at least eighteen (18) inches in height and twenty-four
(24) inches in width, with bold lettering of at least one inch in
height, clearly visible and legible to all persons provided entry
onto the premises, which shall state:
“THIS IS A SEXUALLY ORIENTED BUSINESS ESTABLISHMENT WHICH
MAY FEATURE NUDITY OR ACTIVITY OF A SEXUAL NATURE. NO PERSON UNDER
THE AGE OF 18 YEARS IS PERMITTED ENTRY OR UNDER 21 YEARS WHEN ALCOHOL
IS DISPENSED.”
(c)
It
shall be unlawful for any person to counterfeit, forge, change, deface
or alter a permit.
(1983 Code, sec. 14-262; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997)
