(a)
(1)
The city council finds that persons who hold or are requesting a
permit under this division are employed in sexually oriented businesses
where there is high degree of opportunity for unlawful sexual conduct
or the solicitation thereof, lewd conduct, obscenity offenses, and
conduct harmful to minors. Therefore, the enumerated offenses are
directly related to the duties and responsibilities authorized by
thesubject permit. There is a serious need to protect members of the
public and fellow employees of sexually oriented business enterprises
from persons who have certaincriminal histories.
(2)
This section is enacted pursuant to sections 411.122 and 411.087
of the Texas Government Code, which authorizes the city to require
and obtain criminal history record information maintained or indexed
by the Federal Bureau of Investigation (FBI) through the Texas Department
of Public Safety (DPS).
(b)
It
shall be unlawful for any person who does not hold a work permit to
act as an entertainer, employee, manager, or owner of or in a sexually
oriented business.
(c)
It
shall be the duty of each licensee of each sexually oriented business
to ensure that no person acts as an entertainer, employee, manager,
or owner unless that person holds a permit.
(Ordinance 3003, sec. 3003.12, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.12, adopted 7/20/09; Ordinance D18-06 adopted 6/21/18)
(a)
Any
person who desires to obtain an original or renewal permit shall make
application in person at the city hall. The application shall be made
under oath upon a form prescribed by the building official 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 government agency;
(3)
A separate page which can be detached from the request listing any pending criminal charges, convictions, and time of service in jail or prison by the applicant for any offense that is specified in section 4.05.063 of this article; and
(4)
Three passport-type photographs of the applicant of a size specified
by the police department, which shall become part of the photographic
identity cards if a permit is issued.
(b)
(1)
Each application must be fully completed and shall be accompanied by a nonrefundable processing fee as set forth in the fee schedule in appendix A of this code. 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 police department to utilize the provided criminal history reports to determine the applications suitability for licensure. The applicant shall provide a complete set of fingerprints and other sufficientin formation to obtain local, state and national background checks from the state DPS and the FBI or any other appropriate federal agency. No application will be accepted for filing unless and until the requirements of this section are met.
(2)
The city may require that the applicant, at their own expense, submit
their fingerprints and other pertinent identifying information through
the state DPS’s FAST I Identogo services utilizing the city’s
agency identifying account number so the resulting criminal background
information will be transmitted directly to the city.
(3)
The criminal history information obtained under this section shall
be used to determine compliance with the appropriate requirements
of this code.
(c)
The building official shall issue the permit within ten business days from the date of filing of the application, unless he finds that the application was incorrect or incomplete, or that the applicant is otherwise disqualified under this division. If the application is not granted, then the applicant shall be mailed notice of the grounds for denial and their right to provide evidence and appeal, as provided by section 4.05.039 of this article, within ten business days from the date of filing of the application. Lists provided in compliance with subsection (a)(3) of this section shall be destroyed ten days following the date of notice of decision by the chief of police.
(d)
Each
permit issued by the building official shall consist of three photographic
identification cards: a personal card, an on-site card and a police
department file card.
(e)
In the event that the building official fails to issue or deny a permit application within the time specified in subsection (c), then the applicant shall, upon written request, be immediately issued a temporary permit which shall be valid until the day after the applicant is given notice of the decision of the chief of police.
(f)
If any personal card or on-site card is lost or stolen, the holder thereof shall immediately notify the police department and request a replacement from the building official, which shall be issued for a fee as set forth in the fee schedule in appendix A of this code, accompanied by three photographs as described in subsection (a) of this section, within three days following verification of the identity of the holder.
(g)
No
permit application shall be accepted nor shall a permit be issued
to any person who does not provide proof that he/she is at least 21
years old. Any permit issued by virtue of any misrepresentation or
error to any person under age 21 shall be void.
(Ordinance 3003, sec. 3003.13, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.13, adopted 7/20/09; Ordinance D18-06 adopted 6/21/18; Ordinance adopting Code)
(a)
A
conviction in the state for any of the below-listed Texas Penal Code
offenses or a violation of this article shall be considered grounds
for denial, revocation or refusal to renew a permit requested under
this division. Texas Penal Code offenses include:
(1)
Any of the following offenses as described in Texas Penal Code ch.
43:
(A)
Prostitution;
(B)
Promotion of prostitution;
(C)
Aggravated promotion of prostitution;
(D)
Compelling prostitution;
(E)
Obscenity;
(F)
Sale, distribution or display of harmful material to a minor;
(G)
Sexual performance by a child;
(H)
Employment harmful to children; or
(I)
Possession or promotion of child pornography;
(3)
Sexual assault or aggravated sexual assault as described in Texas
Penal Code ch. 22;
(4)
Harboring a runaway child as described in Texas Penal Code ch. 25;
(5)
Criminal attempt, conspiracy or solicitation to commit any of the
above offenses;
(6)
A violation of the Texas Controlled Substance Act or Dangerous Drug
Act punishable as a felony; or
(7)
Any offense under the laws of another state or the United States,
without regard to its title, but which substantially corresponds to
the elements of any Texas offense described or referred to above.
(b)
Work
permits may be revoked for any violation of this article.
(c)
For purposes of this section, the appeal of a conviction shall not prevent its consideration, unless and until it is reversed or set aside. Any disposition by a plea of nolo contendere or by deferred adjudication shall be considered in the same manner as a conviction. Notwithstanding subsection (a) of this section, if the conviction is at least three years old, the applicant may request consideration of a work permit application.
(Ordinance 3003, sec. 3003.14, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.14, adopted 7/20/09)
(a)
A
permit is valid for one year from the date of its issuance.
(b)
A
permit is personal to the named permit holder and is not valid for
use by any other person.
(c)
Each
permit holder shall notify the building official of his new address
within ten days following any change of his/her address.
(Ordinance 3003, sec. 3003.15, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.15, adopted 7/20/09)
(a)
Each
owner, manager, entertainer, or employee shall maintain their personal
work permit card in their possession at all times while on or in the
premises of an adult oriented enterprise.
(b)
Each
owner, manager, entertainer, or employee shall provide his on-site
card to the manager or on-site manager in charge of the enterprise
to hold while the owner, manager, entertainer, or employee is on the
premises.
(c)
In
any prosecution under this article, it shall be presumed that the
owner, manager, entertainer, or employee did not have a permit unless
the permit was in possession and the on-site card on display as required
by this section.
(Ordinance 3003, sec. 3003.16, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.16, adopted 7/20/09)
