Sec. 21-226. - Types of permits, calculation of deadlines, time and delivery.

(a)

The chief of police shall issue the following types of permits to an applicant who qualifies under the provisions of this article by the following time periods:

(1)

For a human display permit or manager's permit, by 2:00 p.m. on the thirtieth business day after receipt of an application;

(2)

For a floor-manager's permit or entertainer's permit, by 2:00 p.m. on the tenth business day after receipt of an application;

(3)

For a temporary entertainer's permit, a temporary floor-manager's permit, and a temporary manager's permits, issued by the times indicated hereinafter.

(b)

The chief of police shall issue a notice of rejection to an applicant who fails to qualify under the provisions of this article by the following time periods:

(1)

For a human display permit or manager's permit, by 2:00 p.m. on the thirtieth business day after receipt of an application;

(2)

For a floor-manager's permit or entertainer's permit, by 2:00 p.m. on the tenth business day after receipt of an application;

(3)

For a temporary entertainer's permit, by 3:00 p.m. on the first business day after receipt of the application.

(c)

Unless the applicant requests in writing and at the time of filing an application that the permit or notice of rejection be kept at the city police headquarters for personal retrieval, the chief of police shall send the permit or notice of rejection to the applicant's address, as listed in the application, via United States Postal Service, certified mail, return receipt requested, deposited with United States Postal Service and postmarked on or before 2:15 p.m. on the final day allowed in subsection 21-226(2).

(d)

If personal retrieval was properly requested for a permit or notice of rejection, the chief of police shall have the permit or notice of rejection available for pick up from the time of its issuance until 4:00 p.m. on the on the final day allowed in subsection 21-226(2). If the applicant fails to retrieve either the permit or notice of rejection by 4:00 p.m., the chief of police shall then send the permit or the notice of rejection to the applicant's address, as listed in the application. The means of sending the permit or notice of rejection shall be via the United States Postal Service, certified mail, return receipt requested. The mail shall be deposited with the United States Postal Service not later than 4:30 p.m. on the final day allowed in subsection 21-226(2).

(e)

When determining a date upon which a deadline exists in this article, calculate the specified number of days as follows:

(1)

The day the act or event was performed or scheduled to occur after which the designated period of time begins to run is not to be included. The designated period of time begins on the next day.

(2)

The last day of the period so computed is to be included, unless it is a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday.

(f)

Unless otherwise stated in this article, where delivery of any notice to applicant is required, delivery shall be by personal delivery at the applicant's address, as listed in the application, or by sending it to the applicant's address, as listed in the application, via the United State Postal Service, certified mail, return receipt requested.

(g)

Unless otherwise stated in this article, delivery by the United States Postal Service shall be presumed to be on the third business day after depositing the mail with the United States Postal Service, unless the applicant has proof to the contrary.

(h)

In this article, the last known address of an applicant, contained in an application or an amendment, is presumed as the correct address. Whenever delivery to an address is authorized or mandated under the provisions of this article, delivery to the presumed correct address is sufficient to comply under this article.

(i)

Personal delivery or delivery by mail as prescribed in this article, shall be prima facie evidence that the chief of police has fulfilled his duty to deliver a permit, notice of rejection, notice of intention to revoke/suspend permit, notice of revocation/suspension, or denial of revocation/suspension.

(j)

The chief of police shall issue the requested permit if the chief of police fails to deliver notice of rejection and does not have prima facie proof of the delivery or deposit, and if the applicant files a written request for issuance of the permit not later than 2:00 p.m. on the tenth business day following the deadline to issue a permit or notice. If the applicant fails to timely file a request for the permit upon the failure of the chief of police to issue the notice, then the applicant shall waive any appeal or cause of action that he may have herein.

(k)

The deadlines imposed by this article may be extended by the mutual agreement of the chief of police and the pertinent individual, except as follows:

(1)

The chief of police shall not agree to shorten any deadline;

(2)

The chief of police shall not agree to extend any deadline wherein there is an express provision in this article that a failure to comply with the deadline shall result in an applicant's waiver of appeal or cause of action; or,

(3)

As otherwise prohibited within this article.

(Ord. No. 101022, § 1O(§ 21-400), 6-9-05)

Sec. 21-227. - Qualifications and specifications—Manager's permit and temporary manager's permit.

(a)

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

(1)

Pay one hundred dollars ($100.00) as a non-refundable processing fee to the city;

(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 of police 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;

(4)

Provide proof that the applicant is at least eighteen (18) years of age or older; and,

(5)

Appear at the place designated by the chief of police and submit to being photographed and fingerprinted by the chief of police. Fingerprints taken pursuant to this section shall be used for purposes of the background check.

(b)

If on the basis of substantial evidence, the chief of police 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 as defined in Section 46.001 of the Texas Business and Commerce Code;

(2)

The individual is convicted of a felony, not included in subsection 21-227(a)(2), 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 21-227(a)(2), 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 sections 21-233 or 21-234 of 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 section 21-233 of this article.

(c)

An individual who applies for a manager's permit shall provide the following information:

(1)

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;

(2)

The name and address of the human display establishment for which the individual requests the permit;

(3)

Whether the individual has been convicted of or placed on deferred adjudication for an offense for which the individual is subject to registration under Chapter 62, Texas Code of Criminal Procedure, along with a list of each of the aforementioned offenses;

(4)

Excluding traffic offenses, a list of each misdemeanor or felony, not included in subsection (c)(3), for which the individual has been convicted or received deferred adjudication during the past ten (10) years;

(5)

Excluding traffic offenses, a list of each misdemeanor or felony, not included in subsection (c)(3), for which the individual is under community supervision at the time of application;

(6)

The name and address of each court and jurisdiction listed in response to subsection (c)(3) herein;

(7)

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 subsection (e)(3);

(8)

A signed waiver and authorization allowing the chief of police to request criminal history reports from pertinent federal, state, and local law enforcement for the individual submitting an application; and,

(9)

A driver's license number of a state, possession, commonwealth or territory of the United States of America, if issued, and, a Social Security number of the United States of America, if issued.

(d)

A manager's permit shall consist of one photographic identification card that contains the following information: a photograph of the manager; the name and address of the human display establishment at which the manager's permit is valid; the permit identification number assigned by the city; the date of issuance; the effective date; and, the date of expiration.

(e)

A temporary manager's permit shall be issued within twenty-four (24) hours of the application when:

(1)

The applicant for a manager's permit has submitted a completed application to the city police department identification section, pursuant to the provisions herein;

(2)

The applicant supplies the city police department's vice unit with a copy of 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;

(3)

A preliminary investigation indicates that the applicant is otherwise qualified under this article for the issuance of a temporary manager's permit; and

(4)

The applicant has not applied for or been granted a temporary manager's permit in the year preceding the application.

(f)

Each temporary manager's permit is valid for thirty (30) calendar days from the date of issuance or until the issuance of a manager's permit, whichever occurs first.

(Ord. No. 101022, § 1P(§ 21-401), 6-9-05)

Sec. 21-228. - Same—Floor-manager's and temporary floor-manager's permit.

(a)

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

(1)

Pay fifty dollars ($50.00) as a nonrefundable processing fee to the city; and

(2)

Perform those acts detailed at subsections 21-227(a)(2)—(5) herein.

(b)

The following conditions shall disqualify an individual from obtaining a floor-manager's permit: those conditions specified at subsections 21-227(b)(1)—(6) herein.

(c)

An individual who applies for a floor-manager's permit shall provide that information specified at subsections 21-227(c)(1)—(9).

(d)

A floor-manager's permit shall consist of one photographic identification card that contains a photograph of the floor-manager, the permit identification number assigned by the city, the date of issuance, the effective date, and the date of expiration.

(e)

A temporary floor-manager's permit shall be issued within two (2) business days of application for same if:

(1)

The applicant has submitted a completed application to the city police department identification section plus paid fifty dollars ($50.00) as a nonrefundable processing fee to the city;

(2)

The applicant supplies the city police department's vice unit with copy of 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;

(3)

A preliminary investigation indicates that the applicant is otherwise qualified under this article for the issuance of a temporary floor-manager's permit; and

(4)

The applicant has not applied for or been granted a temporary floor-manager's permit in the year preceding the application.

(f)

Each temporary floor-manager's permit is valid for ten (10) business days from the date of issuance.

(Ord. No. 101022, § 1Q(§ 21-402), 6-9-05)

Sec. 21-229. - Same—Human display permit.

(a)

It shall be unlawful to apply for a human display permit, unless the application is from the owner-operator of the proposed human display establishment and the owner-operator files an accurate and complete sworn affidavit at the time of filing the application in which the owner-operator declares:

(1)

The identities of the owner, operator, and the owner-operator of the human display establishment;

(2)

The identity of the human display establishment;

(3)

That the owner of the human display establishment has designated an owner-operator to be culpable under the permitting provisions of this article and further that the proof of said designation is in the format for the type of person that comprises the owner (e.g., a corporate resolution for a corporation) and attached to the application.

(4)

State that all information is on the basis of personal knowledge; and,

(5)

State that all information is true and correct and acknowledge that a false statement is subject to criminal penalty, including but not limited to charges of perjury.

(b)

Unless an owner-operator is disqualified under one or more provisions of this article, an owner-operator who performs the following acts shall be qualified to receive on behalf of an owner or operator a human display permit:

(1)

Pays three hundred seventy-five dollars ($375.00) as a nonrefundable processing fee to the city;

(2)

Submits a diagram;

(3)

Allows an inspection of the premises as directed in section 21-232

(4)

If an individual, provide proof that the applicant is at least eighteen (18) years of age or older or if the applicant is a corporation, provide proof that the corporate representative is at least eighteen (18) years of age; and,

(5)

Performs those acts detailed at section 21-227 if the owner-operator is also applying for a manager's permit or floor-manager's permit.

(c)

If on the basis of substantial evidence, the chief of police concludes that one of the following conditions exists then an owner-operator shall be disqualified from receiving a human display permit for the human display establishment for which the permit is sought:

(1)

If any owner or operator of the human display establishment is a sex offender as defined by Section 46.001 of the Texas Business and Commerce Code;

(2)

If any owner or operator of the human display establishment is convicted of a felony, not included in subsection (c)(1), in any jurisdiction in the past ten (10) years;

(3)

If any owner or operator of the human display establishment has been convicted of or received deferred adjudication for a specified criminal act, not included in subsection (c)(1), in any jurisdiction in the past ten (10) years;

(4)

If the owner-operator of the human display establishment has refused to allow an inspection of the premises of the human display establishment by at least three (3) business days prior to a deadline to issue a permit or notice of rejection;

(5)

If the owner-operator of the human display establishment has failed to submit to the department of development services a diagram by at least ten (10) business days prior to the deadline to issue a permit or notice of rejection;

(6)

If the owner-operator of the human display establishment has submitted false or incomplete information on an application form for the human display permit or has falsely responded to inquiries in a background investigation;

(7)

If the owner-operator of the human display establishment has previously had two (2) human display permits revoked pursuant to section 21-233

(8)

If the owner-operator of the human display establishment has a human display permit that is currently suspended pursuant to section 21-233

(9)

If the human display establishment fails to conform to the configuration requirements set forth in section 21-201; or

(10)

If the owner-operator of the human display establishment has had a human display permit revoked within the preceding year or is otherwise disqualified from receiving or holding a permit pursuant to sections 21-233 or 21-234

(Ord. No. 101022, § 1R(§ 21-403), 6-9-05)

Sec. 21-230. - Same—Entertainer's permit and temporary entertainer's permit.

(a)

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

(1)

Pay fifty dollars ($50.00) as a nonrefundable processing fee to the city; and

(2)

Perform those acts detailed at subsections 21-401(a)(2), (3).

(b)

The following conditions shall disqualify an individual from obtaining an entertainer's permit: those conditions specified at subsections 21-227(b)(1)—(6).

(c)

An individual who applies for an entertainer's permit shall provide the following information: that information specified at subsection 21-401(c)(1) and subsections 21-401(c)(3)—(9).

(d)

An entertainer's permit shall consist of one identification card that contains a photograph of the entertainer, the permit identification number assigned by the city, the date of issuance, the effective date, and the date of expiration.

(e)

A temporary entertainer's permit shall consist of one identification card that contains the permit identification number assigned by the city, the date of issuance, the effective date, and the date of expiration.

(f)

A temporary entertainer's permit shall be issued within twenty-four (24) hours of the application when:

(1)

The applicant for a temporary entertainer's permit has submitted a completed application to the city police department identification section, pursuant to the provisions herein, and prior to 3:00 p.m. of the last business day before a scheduled performance by applicant;

(2)

The applicant supplies the city police department's vice unit with a copy of 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, or copy of said identification so long as it identifies the residence of the applicant as being outside of Bexar County, Texas;

(3)

If the aforementioned photographic identification and signature of the applicant for a temporary entertainer's permit are not available at the time the application for a temporary entertainer's permit is submitted to the city police department, a legible copy of said identification and signature shall be transmitted via facsimile transmission or personal delivery to the city police department by the manager, along with a manager's affidavit, wherein the manager vouches for said identification and signature, in a manager's affidavit, prior to the time of the first performance by the temporary entertainer.

(4)

Preliminary investigation warrants the issuance of a temporary entertainer's permit;

(5)

The applicant pays fifty dollars ($50.00) as a nonrefundable processing fee to the city for each temporary entertainer's permit;

(6)

The applicant designates the sole human display establishment at which the temporary entertainer's permit may be used;

(7)

The applicant has not applied for or been granted more than three (3) temporary entertainer's permits during the calendar year for which the application is made and the human display establishment at which the permit will be used has not hosted more than eleven (11) entertainers who have a temporary entertainer's permit during the calendar year in which an applicant seeks a temporary entertainer's permit for use at said human display establishment.

(g)

In lieu of the applicant, the manager may submit the application, a copy of the identification, and all other requirements referenced in subsection (f), together with a manager's affidavit.

(h)

A temporary entertainer permit shall be valid for a period of not longer than seven (7) calendar days from the date of issuance and shall be valid at only one designated human display establishment.

(Ord. No. 101022, § 1S(§ 21-404), 6-9-05)

Sec. 21-231. - Ratification and term of permits.

(a)

The city council approves, accepts, ratifies, and endorses the following acts of the chief of police:

(1)

All acts performed by the chief of police between the date of this article's passage and the effective date of this article so long as the acts are consistent with the duties, powers, and provisions of this article;

(2)

All permits issued by the chief of police between the date of this article's passage and the effective date of this Article so long as the permits contain the actual date of issuance, an effective date of permit that coincides with the effective date of this article, and an expiration date of permit that is one calendar year from the effective date of permit.

(b)

Each human display permit, manager's permit, floor-manager's permit, and entertainer's permit issued shall be valid for a period of one calendar year from the date of issuance, unless otherwise stated in this article, at which time it shall expire, unless the permit is sooner revoked or surrendered.

(c)

Each human display permit, manager's permit, floor-manager's permit, and entertainer's permit shall be subject to renewal as of its expiration date by filing a renewal application.

(d)

Each renewal application must be filed at least forty-five (45) calendar days prior to the date of expiration.

(e)

Except as expressly indicated herein, all of the deadlines, fees, and procedures applicable to any application and permit shall also be applicable to each renewal application and renewal permit.

(f)

The chief of police shall not require another photograph for a renewal application unless he cannot verify the identity of the applicant who filed a renewal application; or, unless the applicant filing a renewal application is different from the individual who filed the original application.

(Ord. No. 101022, § 1T(§ 21-405), 6-9-05)

Sec. 21-232. - Inspections and background checks; deadlines.

(a)

The chief of police shall conduct all necessary background investigations prior to the expiration of thirty (30) calendar days from the receipt of an application for a human display permit or a manager's permit, for the purpose of determining whether each applicant is in compliance with the provisions of this article, and based upon those findings, the chief of police shall either issue or reject the permit in accordance with the deadlines found in subsection 21-226(a)(1).

(b)

The chief of police shall conduct all necessary background investigations prior to the expiration of ten (10) calendar days from receipt of an application for a floor-manager's permit or an entertainer's permit, for the purpose of determining whether each applicant is in compliance with the provisions of this article, and based upon those findings, the chief of police shall either issue or reject the permit in accordance with the deadlines found in subsection 21-226(a)(2).

(c)

The chief of police, the director of the department of development services, or their designated representatives, and any other pertinent city department or the department's designated representatives, shall complete all inspections required for an application prior to the expiration of thirty (30) calendar days from receipt of the application for a human display permit or a manager's permit, for the purpose of determining whether each applicant is in compliance with the provisions of this article, and based upon those findings, the chief of police shall either issue or reject the permit in accordance with the deadlines found in section 21-226

(d)

If an application is rejected based on an inspection of the premises only, the chief of police shall provide to the owner-operator a notice of rejection within ten (10) business days following the deadline to issue a permit or notice.

(e)

An applicant may request a re-inspection only if the owner-operator:

(1)

Submits the request, by certified mail, return receipt requested, within ten (10) business days subsequent to the receipt of the decision of the chief of police; and

(2)

Pays to the city a nonrefundable inspection fee of one hundred fifty ($150.00) with the submission of the request.

(f)

The chief of police, the director of the department of development services, or their designated representatives, and any other pertinent city department or the department's designated representatives, shall complete a re-inspection and either issue or reject a permit based upon a request for re-inspection not more than fifteen (15) business days from the date of receipt of the request for re-inspection. If upon re-inspection the chief of police concludes the noted problems have not been remedied, the chief of police shall issue a notice of rejection and notify applicant in accordance with section 21-226

(g)

Notwithstanding the provisions of this section, an applicant whose application is rejected under the provisions of this article may petition to any lawfully established court having jurisdiction on the subject matter without first applying for a re-inspection.

(Ord. No. 101022, § 1U(§ 21-406), 6-9-05)

Sec. 21-233. - Procedure for administrative hearings; revocation or suspension of permits.

(a)

Standing.

(1)

Regarding a manager's permit, a floor-manager's permit, an entertainer's permit, a temporary manager's permit, a temporary floor-manager's permit, or a temporary entertainer's permit, only the permit holder/applicant and the chief of police shall have standing in an administrative revocation/suspension proceeding or in any appeal of a denial, revocation or suspension.

(2)

Regarding a human display permit, the owner-operator of the human display establishment and the chief of police have standing in an administrative revocation/suspension proceeding or any appeal of a denial, revocation or suspension.

(b)

Conditions resulting in revocation/suspension of human display permit.

(1)

A human display permit shall be subject to revocation if, after the issuance of the initial permit:

a.

Any permit holder of the human display permit is convicted of a felony or specified criminal act;

b.

Any material information on the permit application which would likely have resulted in a denial of the permit is found to have been false when submitted; or

c.

An individual or entity not listed on the permit application becomes an owner-operator, owner or operator of the human display establishment and such owner-operator, owner or operator would have caused a disqualification if listed on the original permit application.

(2)

A human display permit shall be subject to revocation/suspension if, after the issuance of the initial permit, one or more employees of the human display establishment have a cumulative total among them of four (4) or more convictions for felonies or specified criminal acts, if the acts that lead to the convictions occurred on the licensed premises within a consecutive 12-month period.

(3)

A human display permit shall be subject to revocation/suspension if, after the issuance of the initial permit, any one or more employees of that establishment have a cumulative total among them of four (4) or more convictions or deferred adjudications for any of the following sections of this article, if the violations that lead thereto have all occurred on the licensed premises on at least four (4) separate calendar dates within a consecutive six-month period commencing on or after the effective date of this article:

a.

Section 21-204

b.

Section 21-205; or

c.

Section 21-214, or any subsection thereof.

(c)

Conditions resulting in revocation/suspension of manager's, floor-manager's and entertainer's permits.

(1)

A manager's, floor-manager's or entertainer's permit shall be subject to revocation if, after the issuance of the initial permit, the permit holder is convicted of a felony or specified criminal act.

(2)

A manager's, floor-manager's or entertainer's permit shall be subject to revocation/suspension if, after the issuance of the initial permit, the permit holder has a cumulative total of four (4) or more convictions or deferred adjudications in the name of the permit holder for any of the following sections of this article, if the violations occurred on at least four (4) separate calendar dates within a consecutive twelve-month period commencing on or after the effective date of this article:

a.

Section 21-204

b.

Section 21-205; or

c.

Section 21-214, or any subsection thereof.

(d)

Notice of intention to revoke/suspend permit.

(1)

If, on the basis of information and belief, the chief of police concludes that any permit issued under this article is subject to revocation or suspension because of the existence of any of the conditions set forth in subsections 21-233(b) or (c), the chief of police shall initiate a revocation/suspension proceeding by sending a notice of intention to revoke/suspend permit to the permit holder which shall detail the following:

a.

The factual basis for the intention to revoke/suspend the permit;

b.

The provisions of this article alleged to be violated;

c.

The calendar date by which any request for contested case hearing is due; and,

d.

The person or office with which any request for contested case hearing must be filed and the address at which any such request must be filed.

(2)

The notice of intention to revoke/suspend permit shall be sent to the permit holder via personal delivery or sent to the permit holder's last known address via United States ("U.S.") Postal Service, certified mail, return receipt requested, and a copy shall be filed with the hearing officer or his designee for this purpose.

(e)

Request for contested hearing required within ten (10) business days. The permit holder shall have ten (10) business days from the date of receipt of a notice of intention to revoke/suspend permit in which to file a request for a contested case hearing with the person or office indicated on the notice of intention to revoke/suspend permit. The request shall be filed via U. S. Postal Service, certified mail, return receipt requested, or via personal delivery. A copy of the request shall be sent on the same date to the chief of police via U. S. Postal Service, certified mail, return receipt requested, or via personal delivery. If filed by mail, the request shall be considered timely filed if the green return receipt card shows the item was properly addressed and received by the addressee on or before the tenth business day from the date the permit holder received the notice of intention to revoke/suspend permit. If filed by delivery, the permit holder shall be responsible for obtaining a copy of the request stamped with the date of filing by the person or office receiving the request.

(f)

Hearing within twenty (20) business days of request. Upon proper request as set forth above, and except in the case of a continuance granted in accordance with the requirements of this article, each party with standing to contest is entitled to an opportunity to respond and to present evidence and argument on each allegation in the notice of intention to revoke/suspend permit at a hearing to be held within twenty (20) business days after the date of filing of their request as shown by the date of filing stamped on the request.

(g)

Result of request or failure to request hearing. If no request for contested case hearing is timely filed, the hearing officer shall revoke or suspend the permit in question and issue a notice of revocation/suspension in accordance with the criteria of this article. If a request for contested case hearing is timely filed, the hearing officer shall conduct a contested case hearing in accordance with the provisions of this article.

(h)

Notice of hearing not less than ten (10) business days from hearing date. Notice of a hearing in a contested case shall be sent or delivered to the person requesting a hearing not less than ten (10) business days from the date of the hearing; shall include a statement of the time, place, and nature of the hearing; and shall be sent via personal delivery or U. S. Postal Service, certified mail, return receipt requested to the last known address of the person. Notice of a hearing in a contested case shall be considered timely if properly addressed and postmarked not less than ten (10) business days from the date of the hearing and received not less than seven (7) business days from the date of the hearing as evidenced by the delivery date noted on the green return receipt card.

(i)

Representation by counsel. Each party to a contested case is entitled to:

(1)

The assistance of counsel, at the party's expense, before the hearing officer; or

(2)

Expressly waive the right to assistance of counsel in writing or on the record before the hearing officer.

(j)

Status of permit during hearing. While a contested case is pending, and prior to the final decision of the hearing officer regarding revocation or suspension, a permit remains valid unless:

(1)

Tt expires without timely application for renewal;

(2)

It is voluntarily withdrawn or surrendered by the permit holder; or

(3)

The permit holder commits an act or omission contrary to the provisions of this article which otherwise invalidates the permit.

This section shall not apply during any judicial appeal following the decision of the hearing officer.

(k)

Applicable rules. Except as otherwise indicated herein, the Texas rules of Evidence and the Texas Rules of Civil Procedure shall apply to a contested case.

(l)

Additional rules. The following additional rules shall apply to any contested case hearing pursuant to this article:

(1)

In each contested case before the hearing officer, the city attorney, or his designated representative shall represent the chief of police.

(2)

A contested case may not be continued, except upon express written agreement of all parties to the contested case, or upon showing of good cause for a period not to exceed twenty (20) days.

(3)

Ex parte communications in connection with any issue of fact or law between any party and the hearing officer are strictly prohibited, except on notice and opportunity for each party to participate.

(4)

In a contested case, either party may request a court reporter to transcribe the hearing. The party requesting a transcript of the hearing shall bear the cost for production of the transcript.

(5)

If there be any conflict between the Texas Rules of Evidence and the Texas Rules of Civil Procedure and the rules set forth in this article, the rules in this article shall prevail.

(l)

Record. The record in a contested case shall include the following:

(1)

A file stamped copy of notice of intention to revoke/suspend permit;

(2)

The request for a hearing and any written response to the notice of intention to revoke/suspend permit;

(3)

A statement of matters officially noticed;

(4)

Questions and offers of proof, objections, and rulings on them;

(5)

Each decision, opinion, or report prepared by the hearing officer at the hearing;

(6)

All documents, data and other evidence submitted to or considered by the hearing officer used in making his or her decision; and,

(7)

The record shall be filed with the municipal court for the city.

(m)

Decision of the hearing officer. If a request for a contested case hearing has been filed timely, the hearing officer shall conduct a de novo contested case hearing and shall make one of the following findings:

(1)

If the contested case is one for which the permit is subject to suspension, the hearing officer shall, based on the hearing officer's determination that the alleged offense occurred and the severity of the offense, either order a 60-day suspension of the permit, or deny the suspension.

(2)

If the hearing officer finds that any of the conditions set forth in this article exists that would make the permit subject to revocation, the hearing officer shall, on the basis of the severity of the offense, either revoke the permit or order a 60-day suspension of the permit.

If the hearing officer does not make the requisite findings, then the permit revocation or suspension is deemed as being denied.

(Ord. No. 101022, § 1V(§ 21-407), 6-9-05)

Sec. 21-234. - Notice of revocation/suspension.

(a)

A final decision or order by the hearing officer shall be issued in writing, and shall:

(1)

Include findings of fact and conclusions of law, separately stated;

(2)

Contain a concise and explicit statement of the underlying facts supporting the findings;

(3)

If a party submits proposed findings of fact, the decision or order shall include a ruling on each proposed finding;

(4)

Be rendered not later than five (5) business days after the date on which the hearing is finally closed;

(5)

Be provided to all parties via personal delivery or via United States Postal Service, certified mail, return receipt requested; and,

(6)

Be considered timely if:

a.

For personal delivery, a party receives notice not later than three (3) business days from the date on which the decision is rendered; or

b.

For postal delivery, the decision or order is postmarked not later than three (3) business days from the date on which the decision is rendered.

(b)

Following a final decision in a contested case, any revocation or suspension of the permit in question shall take effect upon the date of delivery of the notice of the hearing officer's decision or such other date as may be set by the hearing officer and stated in the notice.

(c)

Any act authorized by a permit shall be unauthorized and in violation of this article upon and after the effective date of any suspension of the permit until the suspension expires.

(d)

Any act authorized by a permit shall be unauthorized and in violation of this article upon and after the effective date of any revocation of the permit unless and until a new permit, if any, is applied for and granted pursuant to the terms of this article. If a permit has been revoked because of crimes or activities occurring on the premises of a human display establishment, the owner-operator of the human display establishment is disqualified from receiving or holding any permit under this article for a period of one calendar year from the effective date of the revocation.

(e)

If a permit is suspended or revoked because of crimes or activities occurring on the premises of the human display establishment, each and every individual, person, or association which is an owner-operator of a human display establishment at the time of any suspension or revocation of the human display permit for that establishment shall be considered to have had a permit suspended or revoked as if they held the permit in their own name for purposes of determining whether they are qualified to participate in another permit application under this article. If a permit is suspended or revoked because of crimes or activities of one or more of the permit holders which did not occur on the licensed premises, then only that individual(s) shall be considered to have had a permit suspended or revoked for purposes of determining whether they are eligible to participate in another permit application under this article.

(Ord. No. 101022, § 1W(§ 21-408), 6-9-05)

Sec. 21-235. - Holder of a manager's, floor-manager's permit.

(a)

Each individual who holds a manager's or floor-manager's permit shall display his or her valid permit to a peace officer upon request while upon the premises of the human display establishment for which the permit is authorized.

(b)

Each individual who holds a manager's or floor-manager's permit and is currently on duty at the human display establishment, is required to display their title of Manager or Floor-Manager, on their person in such a manner that they are easily identifiable to all customers or patrons.

(c)

In prosecuting a violation of section 21-204, it shall be presumed that the actor did not have a valid permit unless a valid permit was displayed in accordance with subsection (a) herein.

(d)

It shall be unlawful for a manager or floor-manager to fail to display his or her valid permit upon request of a peace officer while upon the premises of the human display establishment for which the permit is authorized.

(Ord. No. 101022, § 1BB(§ 21-700), 6-9-05)

Secs. 21-236—21-250. - Reserved.