(a) 
It shall be unlawful for any person to own or operate a sexually oriented commercial or adult entertainment enterprise at a location in the parts of the county inside the corporate limits of the city without a valid permit issued therefor by the chief of police in accordance with the provisions of this article.
(b) 
Before the issuance of a permit, the applicant must certify that the proposed sexually oriented commercial or adult entertainment enterprise will be located as provided in chapter 14, article 14.06, division 3.
(c) 
Subsection (b) of this section shall apply to all sexually oriented commercial or adult entertainment enterprises, regardless of whether or not existing on the effective date of the ordinance from which this article is derived. However, should any court determine that such requirement is unconstitutional or invalid insofar as it applies to sexually oriented commercial or adult entertainment enterprises existing on such effective date, then the applicant may certify that the sexually oriented commercial or adult entertainment enterprise was in existence on effective date in lieu of making the certification provided for in subsection (b) of this section.
(1967 Code, sec. 23-1/2-6; 1976 Code, sec. 22-271; 2008 Code, sec. 22-271)
(a) 
Any person desiring a sexually oriented commercial enterprise permit shall file a written application with the chief of police on a form to be prescribed by him.
(b) 
The application shall set forth the following:
(1) 
The name of the applicant, and whether the applicant is an individual, general partnership, limited partnership, corporation, or other entity;
(2) 
The name under which the restricted establishment is to be operated and a general description of the service to be provided;
(3) 
The address and a full legal description of the parcel of land on which the restricted establishment is to be located;
(4) 
The name, residence address and telephone number, if any, of the manager or other individual to be principally in charge of the operation of the restricted establishment;
(5) 
A written declaration that the information contained in the application is true and correct, such declaration being duly dated and signed in the county. If the applicant is an individual, the application shall be signed and sworn to by the applicant. If the applicant is a partnership, the application shall be signed and sworn to by a partner thereof. If the applicant is a corporation or other entity, the application shall be signed and sworn to by an authorized officer of such corporation or entity.
(c) 
The application shall be accompanied by the following:
(1) 
A tender of the correct permit fee as provided in this division.
(2) 
A certified copy of the assumed name certificate filed in compliance with the Assumed Business or Professional Name Act (V.T.C.A., Business and Commerce Code chapter 71) if the applicant is to operate the restricted establishment under an assumed name.
(3) 
A certified copy of the articles of incorporation, together with all amendments thereto, if the applicant is a Texas corporation.
(4) 
A certified copy of the certificate of authority to transact business in this state, together with all amendments thereto, if applicant is a foreign corporation.
(5) 
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 (V.T.C.A., Business Organizations Code chapter 153), if the applicant is a limited partnership formed under the laws of the state.
(6) 
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, if the applicant is a foreign limited partnership.
(1967 Code, sec. 23-1/2-8; 1976 Code, sec. 22-272; 2008 Code, sec. 22-272)
Upon receiving the application for a sexually oriented commercial enterprise permit, the chief of police shall cause to be conducted an investigation for the purpose of determining whether or not such premises comply with the location requirements as set forth in this article.
(1967 Code, sec. 23-1/2-9; 1976 Code, sec. 22-273; 2008 Code, sec. 22-273)
(a) 
Any permit required by this article shall be issued and signed by the chief of police or his duly authorized deputy.
(b) 
The chief of police shall issue a sexually oriented commercial enterprise permit within 30 days of receipt of the application unless he finds that:
(1) 
The correct permit fee has not been tendered to the chief of police.
(2) 
The operation as proposed by the application is prohibited by law.
(3) 
The applicant has made any false, misleading, or fraudulent statement of fact in the permit application or in any document required by this article to accompany the application.
(4) 
The application or the establishment location does not meet all requirements of this article.
(1967 Code, sec. 23-1/2-10; 1976 Code, sec. 22-274; 2008 Code, sec. 22-274)
To defray the actual cost of processing the sexually oriented commercial enterprise permit application, the permit fee shall be as set forth in the fee schedule in appendix A of this code.
(1967 Code, sec. 23-1/2-11; 1976 Code, sec. 22-275; 2008 Code, sec. 22-275; Ordinance adopting 2020 Code)
No portion of any fee collected under this division shall be returned after a permit has been issued or refused.
(1967 Code, sec. 23-1/2-12; 1976 Code, sec. 22-276; 2008 Code, sec. 22-276)
A sexually oriented commercial enterprise permit issued under this division shall be displayed at all times in an open and conspicuous place in the restricted establishment for which it was issued.
(1967 Code, sec. 23-1/2-7; 1976 Code, sec. 22-277; 2008 Code, sec. 22-277)
A sexually oriented commercial enterprise permit is not transferable, assignable or divisible.
(1967 Code, sec. 23-1/2-13; 1976 Code, sec. 22-278; 2008 Code, sec. 22-278)
It shall be unlawful for any person to knowingly make any false, fraudulent or untruthful statement, either written or oral, or in any way knowingly to conceal any material fact, or to give or use any assumed name or fictitious name other than one duly filed for record in compliance with the Assumed Business or Professional Name Act (V.T.C.A., Business and Commerce Code chapter 71), in an application for a permit under this division.
(1967 Code, sec. 23-1/2-15; 1976 Code, sec. 22-280; 2008 Code, sec. 22-280)
It shall be unlawful for any person to use a sexually oriented commercial enterprise permit which has been issued to another person.
(1967 Code, sec. 23-1/2-16; 1976 Code, sec. 22-281; 2008 Code, sec. 22-281)
It shall be unlawful for any person to counterfeit, forge, change, deface, or alter a sexually oriented commercial enterprise permit.
(1967 Code, sec. 23-1/2-17; 1976 Code, sec. 22-282; 2008 Code, sec. 22-282)