§ 46-4. License required; application.

(a)

A person commits an offense if he operates a sexually oriented business without a valid license, issued by the city for the particular type of business.

(b)

An application for a license must be made on a form provided by the chief of police. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floorspace occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches. Applicants who must comply with section 46-19 of this chapter shall submit a diagram meeting the requirements of section 46-19.

(c)

The applicant must be qualified according to the provisions of this chapter.

(d)

If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a twenty (20) percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under section 46-5 and each applicant shall be considered a licensee if a license is granted.

(e)

The fact that a person possesses a license or permit issued by the city or another entity does not exempt him from the requirement of obtaining a sexually oriented business license. A person who operates a sexually oriented business shall comply with the requirements and provisions of this chapter as well as all other requirements and provisions of this Code when applicable.

(Ord. No. 6441, § 6, 6-23-94)

State law reference

Authority to license, V.T.C.A., Local Government Code § 243.007.