§ 28-123. Same—Applications.

(a)

Applications for a permit, whether original or renewal, must be made to the director by the intended operator of the enterprise. Applications must be submitted by hand delivery by the intended operator to the office of the captain of the vice division of the police department during regular working hours (8:00 a.m. to 4:00 p.m., Monday through Friday, city holidays excepted). Application forms shall be supplied by the director. The intended operator shall be required to give the following information on the application form:

(1)

a.

The name, street address (and mailing address if different) and Texas driver's license number of the intended operator;

b.

The name and street address (and mailing address if different) of the owner(s);

(2)

The name under which the enterprise is to be operated and a general description of the services to be provided;

(3)

The telephone number of the enterprise;

(4)

The address, and legal description of the tract of land on which the enterprise is to be located;

(5)

If the enterprise is in operation, the date on which the owner(s) acquired the enterprise for which the permit is sought, and the date on which the enterprise began operations as an enterprise at the location for which the permit is sought; and

(6)

If the enterprise is not in operation, the expected startup date (which shall be expressed in number of days from the date of issuance of the permit). If the expected startup date is to be more than ten days following the date of issuance of the permit, then a detailed explanation of the construction, repair or remodeling work or other cause of the expected delay and a statement of the owner's time schedule and plan for accomplishing the same.

(b)

The application shall be accompanied by the following:

(1)

Payment in full of the fee stated for this provision in the city fee schedule for:

a.

An original application; or

b.

A renewal application, as applicable, by cash, certified check, cashier's check or money order, which fee shall not be refundable under any circumstances;

(2)

A certified copy of the assumed name certificate filed in compliance with the Assumed Business or Professional Name Act (Texas Business and Commerce Code, Chapter 71) if the enterprise is to be operated under an assumed name;

(3)

If the enterprise is a Texas corporation, a certified copy of the articles of incorporation, together with all amendments thereto;

(4)

If the enterprise is a foreign corporation, a certified copy of the certificate of authority to transact business in this state, together with all amendments thereto;

(5)

If the enterprise is a limited partnership formed under the laws of Texas, a certified copy of the certificate of limited partnership, together with all amendments thereto, filed in the office of the Secretary of State under the applicable provisions of the Texas Limited Partnership Law (Texas Business Organizations Code, Title 1);

(6)

If the enterprise is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto, filed in the office of the Secretary of State under the applicable provisions of the Texas Limited Partnership Law (Texas Business Organizations Code, Title 1);

(7)

Proof of the current fee ownership of the tract of land on which the enterprise is to be situated in the form of a copy of the recorded deed;

(8)

If the persons identified as the fee owner(s) of the tract of land in item (7) are not also the owners of the enterprise, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owners or proposed owners of the enterprise to have or obtain the use and possession of the tract or portion thereof that is to be used for the enterprise for the purpose of the operation of the enterprise;

(9)

Any of items (2) through (8), above shall not be required for a renewal application if the applicant states that the documents previously furnished the director with the original application or previous renewals thereof remain correct and current.

(c)

The application shall contain a statement under oath that:

(1)

The applicant has personal knowledge of the information contained in the application and that the information contained therein and furnished therewith is true and correct; and,

(2)

The applicant has read the provisions of this article.

(d)

A separate application and permit shall be required for each enterprise.

(e)

Each applicant shall, following the filing of the application and payment of the filing fee, place signs (at least 24 inches by 36 inches in size) that provide notification and information specifically stating "SEXUALLY ORIENTED BUSINESS PERMIT APPLICATION PENDING" and the date on which the application was filed along with the notation: "For further information, contact the Department of Administration and Regulatory Affairs." All lettering on the signs must be at least one and one-half inches by two inches in size for each letter on the sign. It shall be the duty of each applicant as to each particular application to erect at least one such sign along each of the property's public road or highway frontages so as to be clearly visible from the public road or highway. If a property does not have a public road or highway frontage, then signs shall be placed upon the property at a point visible from the nearest public right-of-way. Said signs shall be erected not less than three days after the filing of the application for the sexually oriented business permit and shall be checked daily by the applicant and reposted as required to ensure that they remain posted until the application has been approved or denied.

(f)

Every applicant shall give notice of the application by publication at his own expense in two consecutive issues of a newspaper published in Houston, Texas with a daily circulation of not less than 100,000 copies. The notice shall be printed in 10-point boldface type and shall include: (1) the fact that a sexually oriented business permit has been applied for; (2) the street address, including suite or unit number, if any, of the place of business for which the permit is sought; (3) the names of the business and, if the business is operated under an assumed name, the trade name, and (4) if the applicant is a corporation, the names and titles of all officers. The notices shall be published within seven days after the application is filed with the director.

(g)

The director shall cause to be prepared and transmitted to the mayor and the city council, with a copy to the city attorney, a monthly report summarizing all applications submitted under this section, and including the name of the proposed enterprise and the street address of the proposed location.

(Ord. No. 97-75, § 3, 1-15-97; Ord. No. 2010-721, §§ 7—10, 9-15-2010, eff. 10-4-2010; Ord. No. 2010-1016, § 2, 12-15-2010; Ord. No. 2011-1168, § 13, 12-14-2011)