§ 21-239. Same—Manager's permit.

(a)

An applicant may obtain a form from the city government website page (sanantonio.gov) 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.

(b)

At the time that the chief receives an application, the applicant pays a one hundred fifty dollar ($150.00) non-refundable 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.

(c)

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.

(d)

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.

(e)

All applicants shall submit to a criminal background check for the purpose of verifying the information requested in this division.

(f)

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.

(g)

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

(1)

Pay the required processing fee;

(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; and

(4)

Appear at the place designated by the chief to submit to being photographed and fingerprinted;

(5)

Provide the following information:

a.

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;

b.

The name and address of the adult arcade for which the individual requests the permit;

c.

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;

d.

A list of each misdemeanor, excluding traffic offenses, or felony, not included in section 21-230, for which the individual has been convicted or received deferred adjudication during the past ten (10) years;

e.

A list of each misdemeanor, excluding traffic offenses, or felony, not included in section 21-230, for which the individual is under community supervision at the time of application;

f.

The name and address of each court and jurisdiction listed in response to the above;

g.

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 the above; and

h.

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.

(h)

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 subsection 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 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 this article.

(i)

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 adult arcade at which the manager's permit is valid; the full name of the manager; the date of issuance; the effective date; and, the date of expiration.

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