§ 21-238. Process for requesting arcade permit.

(a)

The chief of police shall create a form for each type of permit consistent with the provisions of this division.

(b)

An applicant may obtain a form from the city government website page (sanantonio.gov/sapd) or at the San Antonio Police Department (SAPD or police department) Headquarters Records Unit. Applications shall be accepted Tuesday through Thursday, excluding holidays, between the hours of 1:00 p.m. and 4:00 p.m. Applications shall not be accepted at any other time or on any other day.

(c)

At the time that the chief receives an application, the duly authorized agent shall pay a four hundred dollar ($400.00) nonrefundable processing fee to the city at the records unit service window. The applicant will receive a receipt and paperwork from the records division along with their completed application and submit said information and waiver form to the identification division. The identification division shall take fingerprints and generate an adult arcade permit number. The applicant will then be photographed at the identification division.

(d)

All photographs shall be used to perform a background investigation and for the purpose of photographic identification of permit holders, and shall be kept on record with the chief of police while the applicant possesses a valid permit, and for a period of five (5) years after the expiration, revocation, or denial of the permit.

(e)

All photographs of applicants shall be destroyed at the expiration of five (5) years after the expiration, revocation, or denial of the permit, but all applicants submitting new applications shall be required to comply with photograph and fingerprint requirements in this section.

(f)

All applicants shall submit to a criminal background check for the purpose of verifying the information requested in subsection (j).

(g)

All fees required in this subsection are non-refundable. Payment of the fees shall be by cashier's check or money order and made payable to the city.

(h)

It shall be unlawful to apply for an adult arcade permit, unless the individual who applies is a duly authorized agent and files an accurate and complete sworn affidavit at the time of filing the application in which the individual declares:

(1)

The individual's identity;

(2)

The identity of the association, corporation, individual, owner, operator, or person on whose behalf the individual seeks an adult arcade permit;

(3)

The identity of the adult arcade;

(4)

The identity of each association, corporation, individual, owner, operator or person with an ownership interest in the adult arcade;

(5)

The basis for the actual authority as being one of the following:

a.

The individual is the sole owner or operator;

b.

The individual is the president, chief executive officer, or equivalent of a corporation that is an owner or operator and the individual also owns a majority of the issued voting stock for the corporation;

c.

The individual is the president, chief executive officer, or equivalent of a corporation that is an owner or operator and the individual attaches a corporate resolution from the corporation's board of directors or from a majority of the corporation's voting stockholders wherein is authorized the application for the permit;

d.

The individual is a general partner of a partnership that is an owner or operator; or

e.

The individual is a manager (as defined by the Texas Limited Liability company Act) of a Texas Limited Liability Company that is an owner or operator;

f.

State that all information is on the basis of personal knowledge; and

g.

State that all information is true and correct and acknowledge that a false statement is subject to criminal penalty, including but not limited to charges of perjury.

(i)

Unless a duly authorized agent is disqualified under one or more provisions of this article, an agent who performs the following acts shall be qualified to receive on behalf of an owner or operator an adult arcade permit:

(1)

The duly authorized agent pays the required processing fee to the city;

(2)

The duly authorized agent submits a diagram of the premises; and

(3)

Allows an inspection of the premises by the police department.

(j)

If on the basis of substantial evidence, the chief concludes that one or more of the following conditions exists then a duly authorized agent shall be disqualified from receiving an adult arcade permit for the adult arcade for which the permit is sought:

(1)

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

(2)

If any owner or operator of the adult arcade is convicted of a felony in any jurisdiction in the past ten (10) years;

(3)

If any owner or operator of the adult arcade has been convicted of or received deferred adjudication for a specified criminal act in any jurisdiction in the past ten (10) years;

(4)

If the duly authorized agent, owner, or operator of the adult arcade has refused to allow an inspection of the premises of the adult arcade by at least three (3) business days prior to a deadline to issue a permit or notice of rejection;

(5)

If the duly authorized agent, owner, or operator of the adult arcade has failed to submit to the department of development services a diagram by at least ten (10) business days prior to the deadline to issue a permit or notice of rejection;

(6)

If the duly authorized agent or any individual, owner, or operator of the adult arcade has submitted false or incomplete information on an application form for the permit or has falsely responded to inquiries in a background investigation;

(7)

If the duly authorized agent or any owner or operator of the adult arcade has previously had an adult arcade permit revoked;

(8)

If the duly authorized agent or any owner or operator of the adult arcade has an adult arcade permit that is currently suspended;

(9)

If the adult arcade fails to conform to the configuration requirements set forth in section 21-246; or

(10)

If the duly authorized agent or any owner or operator of the adult arcade has had an adult arcade permit revoked within the preceding year or is otherwise disqualified from receiving or holding a permit under this article.

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