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<br />-5- <br /> <br />Sec. 37-4. <br /> <br />License required. <br /> <br />(a) A person commits an offense if he or she operates <br />a sexually oriented business without a valid license, issued <br />by the city for the particular type of business. <br /> <br />(b) An application for a license must be made on a form <br />provided by the Chief of Police. The application must be <br />accompanied by a sketch or diagram showing the configuration <br />of the premises, including a statement of total floor space <br />occupied by the business. The sketch or diagram need not be <br />professionally prepared but must be drawn to a designated <br />scale or drawn with marked dimensions of the interior of the <br />premises to an accuracy of plus or minus six inches. <br />Applicants who must comply with Section 37-20 of this chapter <br />shall submit a diagram meeting the requirements of that <br />Section. <br /> <br />(c) The applicant must be qualified according to the <br />provisions of this chapter and the premises must be inspected <br />and found to be in compliance with the various laws enforced <br />by the City/County Health Department, San Marcos Fire <br />Department, and the City's building official. <br /> <br />(d) If a person who wishes to operate a sexually <br />oriented business is an individual, he or she must sign the <br />application for a license as applicant. If a person who <br />wishes to operate a sexually oriented business is other than <br />an individual, each individual who has a 20 percent or <br />greater interest in the business must sign the application <br />for a license as applicant. If the person who wishes to <br />operate a sexually oriented business is not the owner of the. <br />property where the business is or-will be located, the owner <br />of the property must also sign the application for a license <br />as an applicant. If a corporation owns the property, all of <br />the officers of the corporation must sign the application for <br />a license as applicants. Each applicant must be qualified <br />under Section 37-5 and each applicant shall be considered a <br />licensee if a license is granted. <br /> <br />(e) The Chief of Police may request any information <br />which is necessary to verify the actual ownership interest of <br />the applicant or the actual ownership of the business which <br />seeks to be licensed, including, but not limited to, <br />certified copies of Articles of Incorporation, certified <br />copies of Assumed Name Certificates, verified copies of <br />partnership agreements and similar such documents which will <br />assist him in verifying ownership. <br /> <br />Sec. 37-5. <br /> <br />Issuance of license. <br /> <br />(a) The Chief of Police shall issue a license to the <br />applicant within 60 days after receipt of an application <br />unless he finds one or more of the following to be true: <br /> <br />(1) <br /> <br />An applicant is under 18 years of age. <br /> <br />(2) An applicant or an applicant's spouse is <br />overdue in his payment to the city of taxes, fees, fines, or <br />penalties assessed against him or her or imposed upon him or <br />her in relation to a sexually oriented business. <br /> <br />(3) An applicant has failed to provide information <br />reasonably necessary for issuance of the license or has <br />falsely answered a question or request for information on the <br />application form. <br />