§ 18-60. SOBP application.

(a)

To obtain an initial SOBP, or to renew an existing SOBP the applicant must file a complete application with the city secretary.

(1)

The application shall be filed on the form provided by the city secretary or on an accurate and legible copy of that form.

(2)

The applicant shall apply in person at city hall.

(3)

The hours applications may be submitted will be established by the city secretary.

(4)

A notice of deficiencies shall be mailed by the city secretary to the applicant within five business days of receipt of the application, if all the information required by these regulations has not been provided in the application.

(5)

A receipt shall be mailed by the city secretary to the applicant within five business days of submission of a complete application to the city secretary. The SOBP application receipt, or a clear and accurate copy, is required to be displayed in clear view at the premises of a SOBE. Failure to do so will constitute an offense.

(b)

All applications shall provide the following information. The information in subsections (b)(1) and (2) of this section will be made available to the public when an application is received:

(1)

The full legal name and any other name used by the applicant.

(2)

A general description of the SOBE, which shall include the address of the SOBE and the services and products that will be offered.

(3)

The applicant's complete business license or permit history including any permit or license which has been issued to the applicant by any agency, board, city, county, or state, and any professional or vocational license or permit. This shall include those that have expired or are currently in effect and shall include any license or permit that has been denied, or was issued to the applicant and subsequently revoked or suspended. If there have been licenses or permits which were denied, revoked or suspended, the permit history shall include the reason for that action.

(4)

If the applicant intends to operate the SOBE under an assumed name, a copy of the assumed name certificate filed in compliance with Texas Business and Commerce Code ch. 36.

(5)

If the SOBE is licensed under the Texas Alcoholic Beverage Code (Texas Alcoholic Beverage Code § 1.01 et seq.), the application shall be filed and the enterprise shall conduct business under the name shown on the liquor license.

(6)

A nonrefundable fee shall be paid in the form of a money order or cashier's check. Cash will not be accepted. If the applicant had previously obtained a permit under the former regulations adopted by the city, the amount of the previous permit fee paid shall be applied to the cost of the new permit. The amount of the nonrefundable fee shall be as established by the city council, from time to time.

(7)

A statement under oath that:

a.

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

b.

The applicant has read and understands these regulations; and

c.

The applicant authorizes the city secretary to seek such information from any third party or entity he/she requires to confirm any statements set forth in the application.

(c)

If the applicant is an individual, the applicant shall also provide:

(1)

Each of the applicant's residential addresses for the three years immediately preceding the date of the application, indicating the dates of each residence and including the present address and telephone number of the applicant;

(2)

The applicant's business, occupation and employment history for the three years immediately preceding the date of application, indicating the applicable dates and addresses;

(3)

Documentation that the applicant is at least 18 years of age;

(4)

The applicant's height, eye color and natural hair color;

(5)

Two recent photographs of the applicant. One photograph will be affixed to the SOBP. The other photograph will be retained by the city secretary. New photographs may be required by the city secretary upon application for renewal of the SOBP;

(6)

The applicant's criminal history, which shall consist of a statement of any and all criminal convictions other than Class C misdemeanor traffic violations.

(7)

Fingerprints of the applicant taken and maintained by the city's police department for the purpose of establishing identification;

(8)

A copy of the applicant's valid driver's license or state department of transportation identification card;

(9)

Other identification and information as determined by the city secretary to be reasonably necessary in order to confirm the validity of information provided in the application; and

(10)

A mailing address where the applicant can be reliably contacted.

(d)

If the applicant is a corporation, partnership, joint venture, or other similar business entity, the applicant shall also provide as follows:

(1)

A state corporation shall provide a copy of its articles of incorporation with amendments; names and residential addresses of all current officers and directors; and the name and address of each stockholder holding more than five percent of the stock of the corporation;

(2)

A foreign corporation shall provide a certified copy of any documents evidencing its authority to transact business in the state, with all amendments; names and residential addresses of current officers and directors; and names and addresses of each stockholder holding more than five percent of the stock of the corporation;

(3)

A general partnership shall provide the name and residential address of each of the partners;

(4)

A limited partnership shall provided the name and residential address of its general and limited partners and a copy of the certificate of limited partnership filed with the office of the Secretary of State, and amendments included;

(5)

If one or more of the general or limited partners is a corporation the information required of corporate applicants shall be included in the application in addition to the requirements for general or limited partnerships.

(e)

As to each person required to be identified in this section, the application shall also contain:

(1)

A statement as to any ownership interest that person has in any other SOBE;

(2)

A description as to any management, supervisory, or oversight responsibility that person will have in the SOBE;

(3)

A valid driver's license number or state department of transportation identification card number; and

(4)

Certification as to each officer, director, partner or participant that he/she has not been convicted of any of the crimes listed in section 18-66(e)(2).

(f)

Applicants shall also provide:

(1)

The name and residential address of each enterprise operator;

(2)

The street address, the mailing address and full legal description of the parcel of land on which the SOBE is to be located;

(3)

The name and mailing address of each owner of the real property on which the business is to be located and a complete and fully executed copy of any lease or rental agreement;

(4)

A reliable estimate of the number of employees, including a description of the capacities in which they will be employed; a general description of the management structure for the enterprise; and

(5)

A sketch or diagram showing the configuration of the premises, including a statement of total floor space 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 inches. Enterprises subject to section 18-78 are also required to conform to the provisions of that section.

A certification provided by a registered professional land surveyor that the proposed enterprise will be located a minimum of 1,500 feet from the protected uses described in section 18-61, if applicable.

(Ord. No. 348, § 10, 9-11-2006)