No person, firm, or corporation shall operate a child care facility in the city unless and until a permit for such purposes has been issued by the building inspector for the city and has been approved by the city council.
(Ordinance 221, sec. I, adopted 6/27/85)
(a) 
Application for a permit to operate a child care facility shall be submitted by the operator on a form specified by the city.
(b) 
The permit application shall state the name, address, and telephone number of the permit applicant, and the name and social security numbers of all employees and staff members of the child care center.
(c) 
The permit application shall indicate the name and street and mailing addresses of the child care center, and the current zoning of the property. A site plan shall be submitted, drawn to an accurate scale, indicating the legal description of the property and showing the indoor and outdoor areas to be used for the child care facility.
(d) 
The permit application shall affirm that a certificate of occupancy has been applied for with the building inspection department, its issuance contingent in part on the successful application for a child care facility permit.
(e) 
The permit application shall include a certificate of liability insurance coverage for bodily injury or death of any person entrusted to the care of the child care center. The amount of said insurance policy shall not be less than $300,000.00, and a copy of the insurance policy shall be kept on file in the city secretary’s office.
(Ordinance 221, sec. II, adopted 6/27/85)
A child care facility permit shall be valid for one year from the date of issuance, unless suspended or revoked as hereinafter provided. Application for renewal of a permit shall be made on a form specified by the city. The operator shall contact the city not later than four weeks prior to impending expiration of the permit. The procedure for renewal shall require that the operator of the child care facility confirm the accuracy of the records of the city regarding the facilities, equipment, manner of operation, employees, etc. Any incorrect information in the records of the city department for the child care facility shall be corrected before the permit may be renewed.
(Ordinance 221, sec. III, adopted 6/27/85)
(a) 
The environmental health official or his designee is hereby authorized to suspend or revoke a child care facility permit for a violation of any provision of this article. Suspension or revocation of a permit shall be effected by notice in writing, setting forth the reasons therefor, and specifying any requirements or schedules of time for further action related to the suspension or revocation.
(b) 
The following actions shall constitute cause for suspension:
(1) 
Failure to respond within specified limits of time regarding violations observed during official inspections of the premises and operation.
(2) 
Violation by the operator or any employee or staff member of the requirements for license as specified in section 4.12.046 of this article.
(3) 
Any violation of this article which poses a danger to any child entrusted to the care of the child care center.
(4) 
Failure to keep continually in force the required insurance against liability for bodily injury or death.
(c) 
The following actions shall constitute cause for revocation:
(1) 
Failure to correct a violation for a period of thirty (30) days following suspension of the permit.
(2) 
Knowingly submitting false information, or allowing false information to be submitted, in the application for permit.
(d) 
A permit that has been suspended may be reactivated only after an official inspection by the city has confirmed that the condition causing the suspension has been corrected. Request for reactivation shall be made to the environmental health official or his designee, and shall be evaluated as if for the initial application.
(e) 
A permit that has been revoked shall not be reissued.
(Ordinance 221, sec. IV, adopted 6/27/85)
The child care facility permit shall be conspicuously posted on an inside wall of the main facility, and shall be continuously displayed in public view.
(Ordinance 221, sec. V, adopted 6/27/85)
(a) 
No person shall operate, be employed, or serve at a child care facility unless such person is the holder of a valid child care’s worker’s license issued by the county health department.
(b) 
A child care center may admit a special service instructor such as a music teacher only after a license has been issued for such a person.
(Ordinance 221, sec. VI, adopted 6/27/85)
The applicant shall submit a license application on a form specified by the city, which shall state the name, date of birth, sex, residence address, telephone number and such other information as may be specified. An impression of the applicant’s fingerprints taken by the city police department shall be required as part of the application. A child care worker’s license may be issued by the environmental health official or his designee only after the license applicant has requested and received a review by the city police department for the previous ten years of the license applicant’s criminal history. A child care worker’s license shall not be issued if a review of such history shows a record of any conviction of any offense, felony, or misdemeanor protecting the health, safety, or welfare of a child, for causing bodily harm to them or any person, or of any offense contained in titles 5, 6, or chapter 43 of the Texas Penal Code.
(Ordinance 221, sec. VII, adopted 6/27/85)
A child care worker’s license shall be valid for five (5) years from the date of its issuance, unless revoked as hereinafter provided. Application for renewal of a license shall be made on a form specified by the city. The licensee shall contact the city for renewal purposes not later than four (4) weeks prior to the impending expiration of the license. Any incorrect information in the records of the city for the license [shall be corrected and renewal of the license] shall be contingent upon continued compliance with original license qualifications contained in section 4.12.047.
(Ordinance 221, sec. VIII, adopted 6/27/85)
(a) 
If a licensee is subject to indictment or criminal complaint for one of the offenses specified in section 4.12.047, it shall be his responsibility to notify the environmental health official or his designee and the operator of each child care facility at which he works. A worker who is the subject of such an indictment or complaint shall not come into contact with the children enrolled at a child care center until he is acquitted or the charges are otherwise dropped.
(b) 
The environmental health official or his designee is hereby authorized to revoke a child care worker’s license upon a finding by the environmental health official that a licensee has been convicted of one of the offenses specified in section 4.12.047 or has failed to comply with the requirements of subsection (a) of this section.
(c) 
A license that has been revoked shall not be reissued.
(Ordinance 221, sec. IX, adopted 6/27/85)
A copy of the current child care worker’s license shall be maintained at the child care center for each of its employees or staff members. License records shall be available for reviewing upon request of the environmental health official or his designee.
(Ordinance 221, sec. X, adopted 6/27/85)
Upon finding that the necessary permit or license may not be issued, or that said permit or license should be suspended or revoked, or has expired, the environmental health official or his designee shall, within ten (10) days of the finding, notify the applicant in writing, specifying the result of the finding and the reasons therefor. The applicant’s appeal shall be to a court of competent jurisdiction.
(Ordinance 221, sec. XI, adopted 6/27/85)
No permit or license issued under this article shall be used for any purpose other than the niten [sic] for which it was issued, nor be transferred or assigned to, or in any manner used by, any person, firm, or corporation other than the one to whom issued by the environmental health official.
(Ordinance 221, sec. XII, adopted 6/27/85)
(a) 
When the operator of a child care facility has been advised that an indictment or criminal complaint has been filed with the county or district attorney’s office against any person working at the center, alleging that such person has committed one of the offenses specified in section 4.12.047, the operator shall notify the environmental health official not later than the next workday.
(b) 
When the operator of a child care facility has been advised that a person has been indicted as specified in subsection (a) [such person shall not come] into contact with the enrolled children until the charges are resolved.
(Ordinance 221, sec. XIII, adopted 6/27/85)