§ 21-226. Qualifications and specifications—Manager's permit and temporary manager's permit.

(a)

Unless an individual is disqualified under one or more of the provisions of this section, an individual who performs the following acts shall be qualified for a permit:

(1)

Pay one hundred fifty dollars ($150.00) as a non-refundable processing fee to the city;

(2)

Answer under oath accurately and completely the requests for information contained on the form for the permit;

(3)

Provide proof of identity by presenting to the chief a valid and lawful photographic identification card that was issued to the individual by a governmental authority of the United States of America or any state, possession, commonwealth, or territory thereof;

(4)

Provide proof that the applicant is at least eighteen (18) years of age or older; and

(5)

Appear at the place designated by the chief of police and submit to being photographed and fingerprinted.

(b)

If on the basis of substantial evidence, the chief concludes that one of the following conditions exists then an individual shall be disqualified from receiving the manager's permit:

(1)

The individual is a sex offender subject to registration under V.T.C.A., Code of Criminal Procedure ch. 62;

(2)

The individual is convicted of a felony, not included in section 21-230, in any jurisdiction during the preceding ten (10) years;

(3)

The individual has been convicted of or been placed on deferred adjudication for a specified criminal act, not included in section 21-230, in any jurisdiction, during the preceding ten (10) years;

(4)

The individual has submitted false information on a form for the permit or the individual has responded falsely to inquiries in a background investigation;

(5)

At the time of application, the individual is disqualified from receiving or holding a permit pursuant to section 21-230 of this article; or

(6)

At the time of application, the individual has a suspended permit or has had a permit revoked within the past calendar year, pursuant to section 21-230 of this article.

(c)

An individual who applies for a manager's permit shall provide the following information:

(1)

The information contained in a valid and lawful photographic identification card that was issued to the individual by a governmental authority of the United States of America or any state, possession, commonwealth, or territory thereof;

(2)

The name and address of the sexually oriented business for which the individual requests the permit;

(3)

Whether the individual has been convicted of or placed on deferred adjudication for an offense for which the individual is subject to registration under V.T.C.A., Code of Criminal Procedure ch. 62, along with a list of each of the aforementioned offenses;

(4)

Excluding traffic offenses, a list of each misdemeanor or felony, not included in subsection (c)(3), for which the individual has been convicted or received deferred adjudication during the past ten (10) years;

(5)

Excluding traffic offenses, a list of each misdemeanor or felony, not included in subsection (c)(3), for which the individual is under community supervision at the time of application;

(6)

The name and address of each court and jurisdiction listed in response to subsection (c)(3) herein;

(7)

The name and address of each court and jurisdiction for those offenses that the individual is under community supervision at the time of application in response to subsection (e)(3);

(8)

A signed waiver and authorization allowing the chief to request criminal history reports from pertinent federal, state, and local law enforcement for the individual submitting an application; and

(9)

A driver's license number of a state, possession, commonwealth or territory of the United States of America, if issued, and, a Social Security number of the United States of America, if issued.

(d)

A manager's permit shall consist of one (1) photographic identification card that contains the following information: a photograph of the manager; the name and address of the sexually oriented business at which the manager's permit is valid; the permit identification number assigned by the city; the date of issuance; the effective date; and, the date of expiration.

(e)

A temporary manager's permit shall be issued within three (3) business days of the application when:

(1)

The applicant for a manager's permit has submitted a completed application pursuant to the provisions herein;

(2)

The applicant supplies the police department with a copy of a valid and lawful photographic identification card that was issued to the individual by a governmental authority of the United States of America or any state, possession, commonwealth, or territory thereof;

(3)

A preliminary investigation indicates that the applicant is otherwise qualified under this section for the issuance of a temporary manager's permit; and

(4)

The applicant has not applied for or been granted a temporary manager's permit in the year preceding the application.

(f)

Each temporary manager's permit is valid for thirty (30) calendar days from the date of issuance or until the issuance of a manager's permit, whichever occurs first.

(Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)