(A)
It
is unlawful:
(1)
For any Person to obtain employment with a Sexually Oriented Business
in the City of Pflugerville, Texas if such Person is not in possession
of a valid Sexually Oriented Business Employee license issued to such
Person by the Building Official pursuant to this chapter.
(2)
For any Person to work for any Sexually Oriented Business without
having on his or her person at all times while at work an appropriate
identification card issued by the city. Such identification must be
available at all times for inspection and must be worn on the left
breast of the Employee during working periods.
(B)
It
is a defense to this section if the employment is of a limited duration
and for the sole purpose of repair or maintenance of machinery, equipment,
or the premises.
(C)
Violation
of any provision within this subsection constitutes a Class A misdemeanor.
(Ordinance 540-99-04-27, passed 4-27-99; Am. Ordinance 834-06-06-27, passed 6-27-06; Ordinance
1148-13-06-25, passed 6-25-13)
(A)
Potential
Employees of Sexually Oriented Businesses must comply with this section
before being issued a license to work at the business.
(B)
Each
application for an Employee license must be accompanied by a non-refundable
application fee of $300.
(C)
Applications
for an Employee license to provide services in a Sexually Oriented
Business, whether original or renewal, must be on forms provided by
the Building Official and presented to the Building Official by the
Candidate.
(D)
The
Candidate for an Employee license must be qualified according to the
provisions of this chapter each year. Each subsequent license application
must be submitted prior to the expiration of the current license.
(E)
Applications
must be submitted to the office of the Building Official or the Building
Official’s designee during regular working hours.
(F)
Each
Candidate must provide the following information on the application
form:
(1)
The Candidate’s given name, and any other names by which the
Candidate is or has ever been known, including “stage”
names or aliases;
(2)
Age, and date and place of birth;
(3)
Height, weight, hair color and eye color;
(4)
Present mailing address and telephone number;
(5)
Spouse’s name, if applicable, and name of each person with
whom Candidate or Candidate’s spouse reside;
(6)
Present business address and telephone number;
(7)
Date, issuing state, and driver’s license number, or other
state issued identification card information;
(8)
Social Security number;
(9)
Proof that the Candidate is at least 18 years old; and
(10)
Name and address of the Sexually Oriented Business where the Employee
will work.
(G)
Candidate
must attach the following information to the application form:
(1)
Color photographs of the Candidate clearly showing the Candidate’s
face and profile view of both sides of the face.
(2)
Candidate’s full set of fingerprints on a form provided by
the police department.
(3)
Candidate’s current and complete NCIC and TCIC criminal history
reports obtained from the Texas Department of Public Safety and completed
within 15 days of the date the application is filed with the Building
Official.
(4)
Current and complete NCIC and TCIC criminal history reports for Candidate’s
spouse and each person with whom Candidate resides obtained from the
Texas Department of Public Safety and completed within 15 days of
date application is filed with Building Official.
(5)
A statement from Candidate detailing the license history of the Candidate
for the ten years immediately preceding the date of the filing of
the application, including whether such Candidate, in this or any
other city, county, state, or country, has ever had any license, certificate,
permit or authorization to do business denied, revoked, or suspended,
or had any professional or vocational license or permit denied, revoked,
or suspended. In the event of any such denial, revocation, or suspension,
state the name(s) under which the license was sought or issued, the
name(s) of the issuing or denying jurisdiction, and describe in full
the reason(s) for the denial, revocation, or suspension. A copy of
any order of denial, revocation, or suspension must be attached to
the application.
(6)
A statement from Candidate detailing the criminal history of the
Candidate, including whether the Candidate, Candidate’s spouse,
or a person residing with the Candidate, has ever been convicted,
or is awaiting trial on pending charges, of a criminal offense as
defined in sections 112.24(A(11) and (12) and, if so, the nature of
the criminal offense(s) involved and the date, place, and jurisdiction
of each offense.
(7)
A statement from Candidate detailing the license history of the Candidate,
including:
(a)
Whether the Candidate, or a person residing with the Candidate, has
had a previous license under this chapter or other similar Sexually
Oriented Business Ordinance from another city or county denied, suspended
or revoked, including the name and location of the Sexually Oriented
Business for which the business license was denied, suspended or revoked,
as well as the date of the denial, suspension or revocation, and whether
the Candidate or a person residing with the Candidate is or has been
a partner in a partnership or an officer, director or principal stockholder
of a corporation that is or was licensed under a Sexually Oriented
Business Ordinance whose business license has previously been denied,
suspended or revoked, including the name and location of the Sexually
Oriented Business for which the business license was denied, suspended
or revoked as well as the date of denial, suspension or revocation;
and
(b)
Whether the Candidate or a Person residing with the Candidate holds
any other licenses or certificates under this chapter or other similar
Sexually Oriented Business Ordinance from another city or county and,
if so, the names and locations of such other licensed businesses.
(H)
The
application for the license must contain a statement made under oath
that:
(I)
Separate
applications and licenses are required for each Sexually Oriented
Business the Candidate seeks to provide services for.
(J)
The
fact that a Candidate possesses any other valid license required by
law does not exempt him or her from the requirement of obtaining a
Sexually Oriented Business license from the city. A Person who operates
a Sexually Oriented Business and possesses another business license
must comply with the requirements and provisions of this chapter as
well as the requirements and provisions of the laws concerning the
other license.
(K)
The
Candidate has an affirmative duty to supplement an application with
new information received subsequent to the date the application was
deemed completed.
(L)
All
expenses associated with Candidate’s application including,
but not limited to, fees for photographs and fingerprints must be
paid by the Candidate.
(Ordinance 540-99-04-27, passed 4-27-99; Am. Ordinance 834-06-06-27, passed 6-27-06; Ordinance
1148-13-06-25, passed 6-25-13)
(A)
The
Building Official will review the Employee license application to
determine if all required and necessary information has been submitted.
The Building Official will issue a letter within 10 days of receipt
of the application or supplemental application and advise the Candidate
whether the application is complete or whether supplemental information
must be submitted. The Candidate must provide any supplemental information
within 10 days or the application will be returned and the filing
fee forfeited.
(B)
The
application approval process will not be commenced until the completed
application and all required attachments and fees are received by
the Building Official.
(C)
The
Building Official must approve the issuance of the annual license
to a Candidate within 60 days after receipt of a complete application
and all required attachments unless he or she finds one or more of
the following to be true:
(1)
A Candidate is under 18 years of age.
(2)
A Candidate has failed to provide all information required by this
chapter for issuance of the license or has falsely answered a question
or request for information on the application form.
(3)
A Candidate or a Candidate’s spouse has been convicted of a
violation of a provision of this chapter, other than the offense of
operating a Sexually Oriented Business without a license, within two
years immediately preceding the application. The fact that a conviction
is being appealed will have no effect.
(4)
A Candidate or a Candidate’s spouse or person with whom the Candidate is residing has been convicted of a crime specified in sections 112.24(A)(11) and (12) for which:
(a)
Less than two years have elapsed since the date of conviction or
the date of release from confinement imposed for the conviction, whichever
is the later date, for a misdemeanor offense; or
(b)
Less than five 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, for two or more misdemeanor offenses or combination
of misdemeanor offenses occurring within any 24-month period.
(5)
A Candidate or a Candidate’s spouse or Person with whom Candidate
is residing has been convicted of a felony.
(6)
The fact that a conviction is being appealed will have no effect
on the disqualification of the Candidate or the Candidate’s
spouse.
(7)
For purposes of this section, a sentence of deferred adjudication
for any period of time or amount of fine is considered a conviction.
(D)
The Building Official may deny issuance of the license if one or more provisions in section 112.41(C) are found to be true.
(E)
The
license, if granted, must state on its face the name of the Candidate
to whom it is granted, the expiration date, the address of the Sexually
Oriented Business Candidate is licensed to provide services for and
include a current photo of licensee.
(Ordinance 540-99-04-27, passed 4-27-99; Am. Ordinance 834-06-06-27, passed 6-27-06; Ordinance
1148-13-06-25, passed 6-25-13)
If the building official denies the issuance or renewal of a
license, the candidate may appeal to the board of adjustment as provided
in the Unified Development Code.
(Ordinance 540-99-04-27, passed 4-27-99; Am. Ordinance 834-06-06-27, passed 6-27-06; Ordinance
1148-13-06-25, passed 6-25-13)
