§ 8-52. Application generally.

(a)

Every applicant for a license to engage in, conduct or carry on within the city limits any of the businesses described in section 8-16 of this Code shall make application therefor on an application form furnished by the chief of police and prescribed by the automotive board, which application shall be signed and sworn to as herein provided and shall include, among other things, the following information respecting the applicant:

(1)

Trade name of each business that the applicant has engaged in during the five-year period next preceding the filing of such application.

(2)

Address of the applicant's principal office or establishment in the city. If the applicant is a mobile automotive repair business it must provide a mailing address, a physical address if different from the mailing address, and the VIN and license plate number of each mobile repair unit used for the business.

(3)

Number and location of branch establishments, if any, maintained and operated in the city.

(4)

Whether the applicant is the owner or lessee of the real property occupied and, if the lessee, the name of the landlord.

(5)

Type of service to be provided by the business.

(6)

If application is for a dealer(s license, applicant must provide a state issued general distinguishing number, if required to have one.

(7)

Whether the applicant has ever been convicted of a felony or of a crime involving moral turpitude, and if a partnership, the answer shall be as to all members of the partnership, and if a corporation, shall be as to all officers of the corporation.

(8)

The name and mailing address of each owner or principal of the applicant and copies of the assumed-name registration if the business will be operated under an assumed name.

(9)

If the applicant is a corporation, a certificate of good standing from the Texas Secretary of State for a Texas domestic corporation or a certificate of authority to do business in Texas if a foreign corporation, along with the names and addresses of all officers and the corporation(s registered agent in Texas.

(10)

If the applicant is a partnership, the partnership registration, if any, and the names and addresses of all the general partners.

(11)

Except for applicants for retail supply dealer licenses, each applicant shall submit himself to be fingerprinted at the police department or at the police department of any other city or town if such department will forward the fingerprints to the police department. The application shall be signed by and have fingerprints of: a) the owner if the applicant is a sole proprietorship or b) an authorized person if the applicant is a corporation or a general partnership.

(b)

If the application is by a corporation, the same shall be signed and sworn to by a duly authorized officer thereof, if by a partnership, then by one of the general partners therein, and if by an individual, then by such individual personally.

(c)

Such application, properly filled out and executed, shall be delivered by the applicant to the chief of police or his duly authorized representative.

(d)

Any person submitting an initial application pursuant to this section or an application for an amended license for a different premises as provided for in this division shall also submit a copy of either a certificate of occupancy issued by the building official or a receipt demonstrating that the applicant has applied for a certificate of occupancy for the occupancy of each structure which is to be used for the applicant's business. No such initial license shall be issued unless the applicant has submitted a copy of such a certificate of occupancy or receipt for each structure, and each certificate or receipt shows that the structure to which it appertains may be occupied for the type of business for which the application is being made.

(e)

Any licensee submitting an application for the renewal of a license shall submit a copy of a certificate of occupancy issued by the building official for the occupancy of each structure which is used for the licensee(s business. No such renewal license shall be issued unless the licensee has submitted a copy of such a certificate of occupancy for each structure, and each certificate shows that the structure to which it appertains may be occupied for the type of business for which the application is being made.

A copy of each certificate of occupancy or receipt submitted by an applicant or licensee pursuant to this subsection shall be deemed to be a part of the application for the license. Its submission shall also be deemed to be a representation of the applicant that the certificate is a true and correct copy of the instrument that was issued by the building official, and that is valid.

(f)

The requirements of item (6) of subsection (a) and subsections (d) and (e) of this section shall not apply to an applicant or licensee that is a mobile automotive repair business.

(g)

Any fraudulent information provided on the license application, including the omission of any criminal background data, shall be cause for denial of the license.

(Code 1968, § 8-33; Ord. No. 89-1738, § 1, 12-6-89; Ord. No. 90-1508, § 1, 12-19-90; Ord. No. 08-249, § 2, 3-26-08; Ord. No. 08-285, § 1, 4-9-08; Ord. No. 2013-157, § 8, 2-20-2013; Ord. No. 2016-456 , §§ 2, 3, 6-15-2016)