TITLE XI: BUSINESS REGULATIONS
		Chapter
			110.	GENERAL BUSINESS REGULATIONS
			111.	ALCOHOLIC BEVERAGES
			112.	PEDDLERS, SOLICITORS AND ITINERANT VENDORS
			113.	PAWNBROKERS AND DEALERS OF SECONDHAND MERCHANDISE
			114.	SEXUALLY ORIENTED COMMERCIAL ENTERPRISES
			115.	TAXICABS
			116.	TELEGRAPH, TELEPHONE, ELECTRIC AND GAS COMPANIES
CHAPTER 110: GENERAL BUSINESS REGULATIONS
Section
	110.01	Promotion of business activities within the city
§ 110.01  PROMOTION OF BUSINESS ACTIVITIES WITHIN THE CITY.
	(A)	The city, in order to promote business activity within the city, shall agree to provide to certain qualified businesses assistance in the construction of streets of a length not more than 500 running feet and of a width not more than 27 feet.
	(B)	In order for a business to be eligible for consideration of such assistance by the city, the business must meet the following requirements:
		(1)	The capital outlay to construct or purchase the physical facilities and fixtures of such business establishment shall be at least in the amount as established by the City Council from time to time; and
		(2)	The minimum payroll of such business entity at full operation shall be at least the sum of as established by the City Council from time to time per year.
	(C)	This section shall have application to business entities in order to promote business activities and to attract same creating an "atmosphere for business," and this section shall in no way have any affect over the housing industry or the construction of residential dwellings.
(Ord. passed 6-8-77)
CHAPTER 111: ALCOHOLIC BEVERAGES
Section
	111.01	Definition
	111.02	Consumption of alcoholic beverages in certain areas of the city
§ 111.01  DEFINITION.
	The term "alcoholic beverages" means alcohol or any beverage containing more than .5% of alcohol by volume which is capable of use for beverage purposes, either alone or when diluted.
(Ord. 8-17-81, passed 8-17-81)
§ 111.02  CONSUMPTION OF ALCOHOLIC BEVERAGES IN CERTAIN AREAS OF CITY.
	It shall be unlawful to consume alcoholic beverages within the following areas:
	(A)	Parking lot and surrounding area of D & D Grocery;
	(B)	Parking lot and surrounding area of Williams Grocery;
	(C)	McArthur Park, located on McArthur Circle;
	(D)	Parking lot and surrounding area to E-Z Mart, located on Highway 82;
	(E)	Parking lot and surrounding area of Baptist Church located on Highway 82;
	(F)	Parking lot and surrounding area of Watson Drive-In;
	(G)	Parking lot and surrounding area of Boatright Grocery Store;
	(H)	Parking lot and surrounding area of Bowie County State Bank;
	(I)	Hooks City Park;
	(J)	Parking lot and surrounding area to City Hall;
	(K)	Parking lot and surrounding area of the high school;
	(L)	Parking lot and surrounding area to C.J.'s Restaurant;
   	(M)	Parking lot and surrounding area to Hooks Truck Stop;
	(N)	Parking lot and surrounding area of Dairy Queen;
	(O)	Parking lot and surrounding area of Hooks Tire Service;
	(P)	Parking lot and surrounding area of Jackson's Food Store;
	(Q)	Parking lot and surrounding area of Smith's Automotive;
	(R)	Main Street of the City of Hooks, including the sidewalks on both sides of Main Street;
	(S)	Parking lot and surrounding area of Moore's Barbecue;
	(T)	Parking lot and surrounding area of Exxon Service Station located at Interstate 30 and Main Street;
	(U)	Parking lot and surrounding area of Stuckey's.
(Ord. 8-17-81, passed 8-17-81) Penalty, see § 10.99
CHAPTER 112: PEDDLERS, ITINERANT MERCHANTS, AND SOLICITORS
Section
	112.01	Definitions
	112.02	License requirement
	112.03	Application procedure
	112.04	Standards for issuance
	112.05	Revocation procedure
	112.06	Standards for revocation
	112.07	Appeal procedure
	112.08	Exhibition of identification
	112.09	City policy on soliciting
	112.10	Notice regulating soliciting
	112.11	Duty of solicitors to ascertain notice
	112.12	Prohibited solicitation
§ 112.01  DEFINITIONS.
	For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
	BUSINESS.  The business carried on by any person who is an itinerant merchant, peddler, or solicitor as defined in this section.
	GOODS.  Merchandise of any description whatsoever, and includes, but is not restricted to, wares and foodstuffs.
	ITINERANT MERCHANT.  Any person, whether as owner, agent, or consignee, who engages in a temporary business of selling goods within the city and who, in the furtherance of such business, uses any building, structure, vehicle, or any place within the city.
	PEDDLER.  Any person, not an itinerant merchant, who:
		(1)	Travels from place to place by any means carrying goods for sale, or making sales, or making deliveries; or
		(2)	Without traveling from place to place, sells or offers goods for sale from any public place within the city.
	SOLICITOR.  Any person who travels by any means from place to place, taking or attempting to take orders for sale of goods to be delivered in the future or for services to be performed in the future.  A person who is a solicitor is not a peddler.
§ 112.02  LICENSE REQUIREMENT.
	(A)	Any person who is an itinerant merchant, peddler, or solicitor shall obtain a license before engaging in such activity within the city.
	(B)	The fee for the license required by this chapter shall be as set from time to time by the City Council.
	(C)	No license issued under this chapter shall be transferable.
	(D)	All licenses issued under this chapter shall expire 90 days after the date of issuance thereof.
Penalty, see § 10.99
§ 112.03  APPLICATION PROCEDURE.
	(A)	All applicants for licenses required by this chapter shall file an application with the Clerk.  This application shall be signed by the applicant if an individual, or by all partners if a partnership, or by the president if a corporation.  The applicant may be requested to provide information concerning the following items:
		(1)	The name and address of the applicant;
		(2)	(a)	The name of the individual having management authority or supervision of the applicant's business during the time that it is proposed to be carried on in the city;
			(b)	The local address of such individual;
			(c)	The permanent address of such individual;
			(d)	The capacity in which such individual will act;
		(3)	The name and address of the person, if any, for whose purpose the business will be carried on, and, if a corporation, the state of incorporation;
		(4)	The time period or periods during which it is proposed to carry on applicant's business;
		(5)	(a)	The nature, character, and quality of the goods or services to be offered for sale or delivered;
			(b)	If goods, their invoice value and whether they are to be sold by sample as well as from stock;
			(c)	If goods, where and by whom such goods are manufactured or grown, and where such goods are at the time of application;
		(6)	The nature of the advertising proposed to be done for the business;
		(7)	Whether or not the applicant, or the individual identified in division (A)(2)(a) above, or the person identified in division (A)(3) has been convicted of any crime or misdemeanor and, if so, the nature of each offense and the penalty assessed for each offense.
	(B)	Applicants for peddler or solicitor licenses may be required to provide further information concerning the following items, in addition to that requested under division (A) above:
		(1)	A description of the applicant;
		(2)	A description of any vehicle proposed to be used in the business, including its registration number, if any.
	(C)	All applicants for licenses required by this chapter shall attach to their application, if required by the city, credentials from the person, if any, for which the applicant proposes to do business, authorizing the applicant to act as such representative.
	(D)	Applicants who propose to handle foodstuffs shall also attach to their application, in addition to any attachments required under division (C), a statement from a licensed physician, dated not more than ten days prior to the date of application, certifying the applicant to be free of contagious or communicable disease.
Penalty, see § 10.99
§ 112.04  STANDARDS FOR ISSUANCE.
	(A)	Upon receipt of an application, an investigation of the applicant's business reputation and moral character shall be made.
	(B)	The application shall be approved unless such investigation discloses tangible evidence that the conduct of the applicant's business would pose a substantial threat to the public health, safety, morals, or general welfare.  In particular, tangible evidence that the applicant:
		(1)	Has been convicted of a crime of moral turpitude; or
		(2)	Has made willful misstatements in the application; or
		(3)	Has committed prior violations of ordinances pertaining to itinerant merchants, peddlers, solicitors, and the like; or
		(4)	Has committed prior fraudulent acts; or
		(5)	Has a record of continual breaches of solicited contracts.
will constitute valid reasons for disapproval of an application.
§ 112.05  REVOCATION PROCEDURE.
	Any license or permit granted under this chapter may be revoked by the Clerk after notice and hearing, pursuant to the standards in § 112.06.  Notice of hearing for revocation shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing.  Such notice shall be mailed to the licensee at his last known address, at least ten days prior to the date set for the hearing.
§ 112.06  STANDARDS FOR REVOCATION.
	A license granted under this chapter may be revoked for any of the following reasons:
	(A)	Any fraud or misrepresentation contained in the license application; or
	(B)	Any fraud, misrepresentation, or false statement made in connection with the business being conducted under the license; or
	(C)	Any violation of this chapter; or
	(D)	Conviction of the licensee of any felony, or conviction of the licensee of any misdemeanor involving moral turpitude; or
	(E)	Conducting the business licensed in an unlawful manner or in such a way as to constitute a menace to the health, safety, morals, or general welfare of the public.
§ 112.07  APPEAL PROCEDURE.
	(A)	Any person aggrieved by a decision under §§ 112.04 or 112.06 shall have the right to appeal to the City Council.  The appeal shall be taken by filing with the City Council, within 14 days after notice of the decision has been mailed to such person's last known address, a written statement setting forth the grounds for appeal.  The City Council shall set the time and place for a hearing, and notice for such hearing shall be given to such person in the same manner as provided in § 112.05.
	(B)	The order of the City Council after the hearing shall be final.
§ 112.08  EXHIBITION OF IDENTIFICATION.
	(A)	Any license issued to an itinerant merchant under this chapter shall be posted conspicuously in or at the place named therein.  In the event more than one place within the city shall be used to conduct the business licensed, separate licenses shall be issued for each place.
	(B)	The Clerk shall issue a license to each peddler or solicitor licensed under this chapter.  The license shall contain the words "Licensed Peddler" or "Licensed Solicitor," the expiration date of the license, and the number of the license.  The license shall be kept with the licensee during such time as he is engaged in the business licensed.
Penalty, see § 10.99
§ 112.09  CITY POLICY ON SOLICITING.
	It is hereby declared to be the policy of the city that the occupants of the residences in the city shall make the determination of whether solicitors shall be, or shall not be, invited to their respective residences.
§ 112.10  NOTICE REGULATING SOLICITING.
	(A)	Notice of the refusal of invitation to solicitors, to any residence, shall be given on a weatherproof card, approximately three inches by four inches in size, exhibited upon or near the main entrance door to the residence, indicating the determination by the occupant, containing the applicable words, as follows:
"NO SOLICITORS INVITED"
	(B)	The letters shall be at least 1/3-inch in height. For the purpose of uniformity, the cards shall be provided by the Chief of Police to persons requesting, at the cost thereof.
	(C)	The card so exhibited shall constitute sufficient notice to any solicitor of the determination by the occupant of the residence of the information contained thereon.
§ 112.11  DUTY OF SOLICITORS TO ASCERTAIN NOTICE.
	(A)	It shall be the duty of every solicitor upon going onto any premises in the city upon which a residence is located to first examine the notice provided for in § 112.10 if any is attached, and be governed by the statement contained on the notice. If the notice states "NO SOLICITORS INVITED," then the solicitor, whether registered or not, shall immediately and peacefully depart from the premises.
	(B)	Any solicitor who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.
Penalty, see § 10.99
§ 112.12  PROHIBITED SOLICITATION.
	It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door, or create any sound in any manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting in defiance of the notice exhibited at the residence in accordance with the provisions of § 112.10 above.
Penalty, see § 10.99
CHAPTER 113: PAWNBROKERS AND DEALERS OF SECONDHAND MERCHANDISE
Section
	113.01	Definitions
	113.02	Records to be maintained
	113.03	Retention of records
	113.04	Transactions with minors
	113.05	Retention of property
§ 113.01  DEFINITIONS.
	For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
	DEALER IN SECONDHAND MERCHANDISE.  A person, firm, corporation or other entity which engages in the business of buying, accepting in trade or otherwise receiving any used property for the purpose of reselling the property.
	PAWNBROKER.  Any person, firm, corporation or other entity which engages in the business of lending money on the security of pledged goods or engages in the business of purchasing tangible personal property on condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time.
(Ord. 21-2-83, passed 2-21-83)
§ 113.02  RECORDS TO BE MAINTAINED.
	All pawnbrokers and dealers in secondhand merchandise doing business in the city shall maintain a record of any transaction in which he or she purchases, accepts in trade or otherwise receives tangible personal property which record shall include the following information:
	(A)	A description of the person from whom the property is received to include:
		(1)	Name, age, sex, race and residence address; and
		(2)	The drivers license number or social security number of the person.
	(B)	A description of each item of property received to include:
		(1)	The make, model, brand name and serial number; and
		(2)	A physical description including the color, common name of the item and any distinguishable identification marks or numbers on the property.
(Ord. 21-2-83, passed 2-21-83) Penalty, see § 10.99
§ 113.03  RETENTION OF RECORDS.
	The records required to be maintained by § 113.02 shall be made in duplicate with the original being kept on file at the place of business of the pawnbroker or dealer in secondhand merchandise and the copy being made available to the City Police Department. Each record shall be maintained for a period of two years after which the record may be destroyed or otherwise disposed of.
(Ord. 21-2-83, passed 2-21-83)
§ 113.04  TRANSACTIONS WITH MINORS.
	It shall be unlawful for any pawnbroker or dealer in secondhand merchandise to accept any pawn or pledge or buy from any minor or to knowingly advance any money or other thing of value upon the property of a minor.
(Ord. 21-2-83, passed 2-21-83) Penalty, see § 10.99
§ 113.05  RETENTION OF PROPERTY.
	In the event any property for the receipt of which a record is required to be made under this chapter is not retained in the possession of the pawnbroker or dealer in secondhand merchandise for a period of at least 10 days, the pawnbroker or dealer in secondhand merchandise shall make a record of the disposition of the property, which record shall be maintained in accordance with § 113.03 and which record shall include the name, residence address and drivers license number or social security number of the person to whom possession of the property is transferred and a description of the property as provided in § 113.02(B).
(Ord. 21-2-83, passed 2-21-83)
CHAPTER 114: SEXUALLY ORIENTED COMMERCIAL ENTERPRISES
Section
General Provisions
	114.01	Authority
	114.02	Administration
	114.03	Applicability
	114.04	Definitions
	114.05	Exceptions
Permit
	114.15	Permit required
	114.16	Permit displayed
	114.17	Application
	114.18	Investigation by Chief of Police
	114.19	Issuance of permit
	114.20	Fee
	114.21	Transfer prohibited
	114.22	Permit valid for specified location
	114.23	Obtaining permit by fraud
	114.24	Fraudulent use of permit of another
	114.25	Counterfeiting, changing, defacing permit
	114.26	Nuisance

	114.98	Violations
GENERAL PROVISIONS
§ 114.01  AUTHORITY.
	These regulations are adopted by the City Council acting in its capacity as the governing body of Hooks, Texas. The authority of the city to adopt these regulations is Tex. Loc. Gov't Code, Ch. 243.
(Ord. passed 12-20-93)
§ 114.02  ADMINISTRATION.
	The city designates the Chief of Police to inspect and issue permits pursuant to the above authority. The administration of the regulations, including, but not limited to issuance of permits and inspections hereunder, shall be performed by the Chief of Police or his or her duly authorized deputy. Any peace officer certified by the state may enforce the regulations.
(Ord. passed 12-20-93)
§ 114.03  APPLICABILITY.
	These regulations apply to the corporate limits of the city.
(Ord. passed 12-20-93)
§ 114.04  DEFINITIONS.
	For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
	CHIEF OF POLICE.  The Chief of Police of Hooks, Texas.
	CHILD CARE FACILITY.  A building used as a day nursery, children's boarding home, child placing agency or other place for the care and custody of children under 15 years of age licensed by the state.
	CHURCH or PLACE OF RELIGIOUS WORSHIP.  A building in which persons regularly assemble for worship intended for purposes connected with faith or for propagation of a particular form of belief.
	DWELLING.  A house, duplex, apartment, townhouse, condominium, mobile home or any other building used for residential purposes.
	HOSPITAL.  A building used to provide health services for medical care for the sick or injured licensed pursuant to the Texas Hospital Licensing Law or operated by an agency of the federal government or a convalescent facility licensed by the state.
	PUBLIC BUILDING.  A building used by federal, state or local government and open to the general public.
	PUBLIC PARK.  A tract of land maintained by the state or local government for the recreation and enjoyment of the general public.
	REGULATIONS.  Regulations of the city for the location of certain sexually oriented commercial enterprises.
	SCHOOL.  A building where persons regularly assemble for the purpose of instruction or education together with the playgrounds, dormitories, stadiums and other structures or grounds used in conjunction therewith.
	SEXUALLY ORIENTED COMMERCIAL ENTERPRISE.  A sex parlor, nude studio, modeling studio, love parlor, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel or other commercial enterprise, the primary business of which is the offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.
(Ord. passed 12-20-93)
§ 114.05  EXCEPTIONS.
	These regulations do not apply to the following:
	(A)	Any bookstore, movie theater or video store, unless that business is an adult bookstore, adult movie theater or adult video store;
	(B)	A business operated by or employing a licensed psychologist, licensed physical therapist, licensed athletic trainer, licensed cosmetologist or licensed barber engaged in performing functions authorized under the license held; or
	(C)	A business operated by or employing a licensed physician or licensed chiropractor engaged in practicing the healing arts.
(Ord. passed 12-20-93)
PERMIT
§ 114.15  PERMIT REQUIRED.
	(A)	It shall be unlawful for any person to own or operate a sexually oriented commercial enterprise at a location in the city without a valid permit issued therefore by the Chief of Police in accordance with the provisions of the regulations.
	(B)	Before the issuance of a permit, the applicant must certify that the proposed sexually oriented commercial enterprise will be located a minimum of 1500 feet from the following, which the City Council finds to be inconsistent with the operations of a restricted establishment:
		(1)	A child care facility;
		(2)	A church or place of religious worship;
		(3)	A dwelling;
		(4)	A hospital;
		(5)	A building in which alcoholic beverages are sold;
		(6)	A public building;
		(7)	A public park;
		(8) 	A school.
	(C)	Division (B) of this section will apply to all sexually oriented commercial enterprises regardless of whether or not existing on the effective date of these regulations. However, should any Court determine that such requirement is unconstitutional or invalid insofar as it applies to sexually oriented commercial enterprises existing on the effective date of these regulations, then and in that event, the applicant may certify that the sexually oriented commercial enterprise was in existence on the effective date of these regulations in lieu of making the certifications provided for in division (B); provided, however, that any permit issued on the basis of an application making a certification pursuant to this division (C) in lieu of certification under division (B) shall have written thereon "This permit is valid for only one year from:          ."
	(D)	For the purpose of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used by the restricted establishment to the nearest portion of the building, structure or facility set forth in division (B) of this section.
(Ord. passed 12-20-93) Penalty, see § 10.99
§ 114.16  PERMIT DISPLAYED.
	A sexually oriented commercial enterprise permit issued under these regulations shall be displayed at all times in an open and conspicuous place in the restricted establishment for which it was issued.
(Ord. passed 12-20-93) Penalty, see § 10.99
§ 114.17  APPLICATION.
	Any person desiring a sexually oriented commercial enterprise permit shall file a written application with the Chief of Police on a form to be prescribed by the city.
	(A)	The application shall set forth the following:
		(1)	The name of the applicant and whether the applicant is an individual, general partnership, corporation or other entity;
		(2)	The name under which the restricted establishment is to be operated and a general description of the service to be provided;
		(3)	The address and a full legal description of the parcel of land on which the restricted establishment is to be operated;
		(4)	The name, residence address and telephone number, if any, of the manager or other individual to be principally in charge of the operation of the restricted establishment;
		(5)	Written declaration that the information contained in the application is true and correct, the declaration duly dated and signed in the county. If the applicant is an individual, the application shall be signed and sworn to by the applicant. If the applicant is a partnership, the application shall be signed and sworn by a partner thereof. If the applicant is a corporation or other entity, the application shall be signed and sworn to by an authorized officer of such corporation or entity.
	(B)	The application shall be accompanied by the following:
		(1)	A tender of the correct permit fee as hereinafter provided.
		(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 36) if the applicant is to operate the restricted establishment under an assumed name;
		(3)	A certified copy of the articles of incorporation, together with all amendments thereto, if applicant is a Texas corporation;
		(4)	A certified copy of the certificate of authority to transact business in this state, together with all amendments thereto, if applicant is a foreign corporation;
		(5)	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 Texas Limited Partnership Act (Tex. Rev. Civ. Stat., Art. 6132a-1) if the applicant is a limited partnership formed under the laws of Texas;
		(6)	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 Texas Limited Partnership Act (Tex. Rev. Civ. Stat., Art. 6132a-1) , if the applicant is a foreign limited partnership.
(Ord. passed 12-20-93)
§ 114.18  INVESTIGATION BY CHIEF OF POLICE.
	Upon receiving the application for a sexually oriented commercial enterprise permit, the Chief of Police shall cause to be conducted an investigation for the purpose of determining whether or not the premises comply with the location requirements as set forth in these regulations.
(Ord. passed 12-20-93)
§ 114.19  ISSUANCE OF PERMIT.
	(A)	Any permit required by these regulations shall be issued by the Chief of Police and countersigned by the Mayor or his or her duly authorized representative.
	(B)	The Chief of Police shall issue a sexually oriented commercial enterprise permit within 30 days of receipt of the application unless he or she finds that:
		(1)	The correct permit fee has not been tendered to the Chief of Police;
		(2)	The operation as proposed by the application is prohibited by law;
		(3)	The applicant has made any false, misleading or fraudulent statement of fact in the permit application or in any document required by these regulations to accompany the application.
		(4)	The application or the establishment location does not meet all requirements of these regulations.
(Ord. passed 12-20-93)
§ 114.20  FEE.
	(A)	To defray the actual cost of processing the sexually oriented commercial enterprise permit application, the permit fee shall be an amount as established by the City Council from time to time.
	(B)	No portion of any fee collected under these regulations shall be returned after a permit has been issued or refused.
(Ord. passed 12-20-93)
§ 114.21  TRANSFER PROHIBITED.
	A sexually oriented commercial enterprise permit is not transferable, assignable or divisible.
(Ord. passed 12-20-93)
§ 114.22  PERMIT VALID FOR SPECIFIED LOCATION.
	Each permit issued under these regulations shall be valid at the location therein specified and not otherwise.
(Ord. passed 12-20-93)
§ 114.23  OBTAINING PERMIT BY FRAUD.
	It shall be unlawful for any person to knowingly make any false, fraudulent or untruthful statement, either written or oral, or in any way knowingly to conceal any material fact or to give or use any assumed name or fictitious name other than one duly filed for record in compliance with the Assumed Business or Professional Name Act (Texas Business and Commerce Code, Chapter 36).
(Ord. passed 12-20-93) Penalty, see § 10.99
§ 114.24  FRAUDULENT USE OF PERMIT OF ANOTHER.
	It shall be unlawful for any person to use a sexually oriented commercial enterprise permit which has been issued to another person.
(Ord. passed 12-20-93) Penalty, see § 10.99
§ 114.25  COUNTERFEITING, CHANGING, DEFACING PERMIT.
	It shall be unlawful for any person to counterfeit, forge, change, deface or alter a sexually oriented commercial enterprise permit.
(Ord. passed 12-20-93) Penalty, see § 10.99
§ 114.26  NUISANCE.
	The operation of a sexually oriented commercial enterprise without a sexually oriented commercial enterprise permit is hereby declared to be a public nuisance.
(Ord. passed 12-20-93)
§ 114.98  VIOLATIONS.
	Violation of any provision of these regulations is a Class A misdemeanor.
(Ord. passed 12-20-93) Penalty, see § 10.99
CHAPTER 115: TAXICABS
Section
	115.01	Definitions
	115.02	Application for permit
	115.03	Residence in city required
	115.04	Grant or refusal of permit
	115.05	Issuance of permit
	115.06	Fee
	115.07	Permit required for additional vehicles
	115.08	Oath required
	115.09	Insurance required
	115.10	Display of signs
	115.11	Inspections of vehicles
	115.12	Revocation of permit
	115.13	Operator qualifications
	115.14	Inspections after accidents
	115.15	Operators' licenses
	115.16	Taxicab equipped with fire extinguisher
	115.17	License fee
§ 115.01  DEFINITIONS.
	For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
	CONDUCT A TAXICAB BUSINESS.  The use of one or more taxicabs within the corporate limits, by the owner thereof, for the purpose of carrying passengers for hire, either by driving the same himself or herself or having the same driven by some other person, provided that this definition shall not apply to any licensed chauffeur hired as a driver by any person, firm or corporation holding a permit to conduct a taxicab business in the city.
	PERMIT.  The written permit issued by the City Secretary and carrying the seal of the city.
	TAXICAB.  Any and all vehicles carrying passengers for hire, except motor busses or motor coaches operated under permits of the Texas Railroad Commission over designated routes in and through the city.
(Ord. 17, passed 9-2-47)
§ 115.02  APPLICATION FOR PERMIT.
	Before any person, firm or corporation shall conduct a taxicab business in the city, he or she shall file with the City Secretary an application to the City Council of the city for a permit to conduct the business in the city. The application shall state the name and address of the applicant, whether the applicant is an individual, firm or corporation, and if a firm, the name and address of each member thereof and the number of vehicles proposed to be operated under such permit.
(Ord. 17, passed 9-2-47)
§ 115.03  RESIDENCE IN CITY REQUIRED.
	If the applicant is an individual, before any permit is granted it shall be made to appear that he or she is a bona fide resident of the city; if a partnership, then that the member of the firm who will be in active charge and control of the affairs of partnership is a bona fide resident of the city; and if a corporation, that the president or other executive officer in active charge and control of the corporation is a bona fide inhabitant or resident of the city.
(Ord. 17, passed 9-2-47)
§ 115.04  GRANT OR REFUSAL OF PERMIT.
	It shall be the duty of the City Secretary, when application for a permit is filed with him or her, at the next regular meeting of the City Council following the filing of the application to call the attention of the Council thereto and upon consideration of the application, the Council may grant or refuse the permit, as in their discretion may seem to the best interest of the citizenship of the city and the public in general.
(Ord. 17, passed 9-2-47)
§ 115.05  ISSUANCE OF PERMIT.
	All permits for the conduct of the taxicab business in the city shall be issued and signed by the City Secretary of the city and sealed with the City Seal; it shall be dated on the date of its issuance, shall bear a serial number, shall show the name and address of the permittee and that the permittee has been authorized by the City Council to conduct a taxicab business in the city during the next 12 months following the date of issuance and the permit is subject to cancellation at any time by the City Council, with or without cause.
(Ord. 17, passed 9-2-47)
§ 115.06  FEE.
	The holder of any permit to conduct a taxicab business in the city shall pay to the City Secretary the sum of an amount to be determined from time to time by the City Council which will cover the cost of administration and issuance of the permit when the permit is issued and the sum of an amount to be determined from time to time by the City Council which will cover the cost of administration and issuance of the permit on the first day of each month during the life of the permit and to file with the City Secretary on the first day of each month a statement under oath showing his or her gross receipts during the preceding month, and upon the termination of the permit for any cause or at the expiration of the permit, the total payment will be adjusted to not exceed 2% of the gross, annual revenue.
(Ord. 17, passed 9-2-47)
§ 115.07  PERMIT REQUIRED FOR ADDITIONAL VEHICLES.
	If at any time the holder of a taxicab permit shall desire to use any additional vehicles, he or she may do so only after he or she has made application to the City Council for and has been granted a permit to use additional vehicles, and he or she shall furnish the City Secretary the same information regarding such additional vehicles as he or she is required to furnish in the original application.
(Ord. 17, passed 9-2-47)
§ 115.08  OATH REQUIRED.
	No permit to conduct a taxicab business in the city shall be issued until the applicant has filed with the City Secretary a statement under oath signed by him or her showing the number of vehicles proposed to be operated by him or her, the make, model, motor number and state license number of each vehicle.
(Ord. 17, passed 9-2-47)
§ 115.09  INSURANCE REQUIRED.
	Every holder of a permit under the terms of this chapter shall at all times during the life of the permit keep each and every vehicle operated by him or her under his or her permit insured in a company authorized to do business in Texas indemnifying the permittee in the sum of at least a minimum of $250,000, for each person, $500,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property resulting from any accident through and by reason of the operation of his or her taxicabs; the policies or certificates of insurance shall be approved by the City Council and filed and left at the office of the City Secretary along with the issuer's receipt for premiums for one full year. The policies of insurance shall not be canceled or surrendered except upon written notice to the City Secretary. Failure of any permittee to procure and file the policies of insurance if procurable, as required by this section, shall immediately forfeit and make null and void the permits and all rights thereunder shall cease at once.
(Ord. 17, passed 9-2-47) Penalty, see § 10.99
§ 115.10  DISPLAY OF SIGNS.
	Every holder of a permit granted under the terms of this chapter shall cause to be carried on each vehicle not less than two signs readable from not less than 50 feet as follows: "TAXI" or "TAXICAB" together with the permit number.
(Ord. 17, passed 9-2-47) Penalty, see § 10.99
§ 115.11  INSPECTIONS OF VEHICLES.
	Every holder of a permit to conduct a taxicab business in the city shall have each and every vehicle used in his or her business inspected every 90 days and shall file with the City Secretary immediately after each inspection a statement in writing signed by a competent resident mechanic showing the date of such inspection, the license number of each vehicle, the name of the permittee and the serial number of his or her permit and that the lights, brakes and steering apparatus of all such vehicles so inspected by him or her are in good mechanical condition.
(Ord. 17, passed 9-2-47) Penalty, see § 10.99
§ 115.12  REVOCATION OF PERMIT.
	Any permit issued under the conditions of this chapter shall be nonassignable and may be revoked by the City Council at any time it shall appear to the City Council that the permittee has violated any provisions of this chapter or failed to comply with any requirement thereof or when, in the discretion of the Council, it appears that the public convenience will be better served by the cancellation of any permit.
(Ord. 17, passed 9-2-47)
§ 115.13  OPERATOR QUALIFICATIONS.
	Every person driving or who may drive any vehicle as a taxicab shall make application to the City Secretary for a permit to drive a taxicab and shall furnish the City Secretary satisfactory evidence of his or her proficiency in driving an automobile, that he or she is free from any physical or mental ailments or impairments that would affect his or her ability as a driver or operator of an automobile, that he or she has not been convicted of a felony or any crime involving moral turpitude, has not been convicted of operating a motor vehicle while intoxicated or under the influence of intoxicating beverages and has not been convicted of assault with a motor vehicle, failure to render aid or negligent homicide involving the use of a motor vehicle. Before granting the operator's license, the City Secretary shall require each applicant therefor to submit an application in writing in which the above mentioned facts shall be elicited. Any misstatement thereon shall be cause for the cancellation of the license or permit without notice and shall be a violation of this chapter. No such operator's license shall be issued until the applicant has furnished a photograph of himself or herself and has been fingerprinted.
(Ord. 17, passed 9-2-47) Penalty, see § 10.99
§ 115.14  INSPECTIONS AFTER ACCIDENTS.
	Each vehicle operated as a taxicab within the city shall be inspected by a competent resident mechanic within 24 hours after being involved in any type of accident or collision, and the permit or license of each vehicle shall be canceled whenever the vehicle is involved in more than three violations of traffic laws of the city within one year. The vehicle shall be conclusively presumed to have been involved in violation of the traffic laws when the driver thereof has been convicted in any Court of competent jurisdiction.
(Ord. 17, passed 9-2-47) Penalty, see § 10.99
§ 115.15  OPERATORS' LICENSES.
	No license will be issued for the operation of any vehicle not owned by the person, firm or corporation holding permit to operate the taxicab within the city.
(Ord. 17, passed 9-2-47)
§ 115.16  TAXICAB EQUIPPED WITH FIRE EXTINGUISHER.
	Each taxicab must be equipped with at least one fire extinguisher of a type approved by a national fire underwriter association.
(Ord. 17, passed 9-2-47) Penalty, see § 10.99
§ 115.17  LICENSE FEE.
	The City Secretary shall charge and collect a fee of an amount as established by the City Council from time to time which will cover the cost of administration and issuance of the permit for each operators license issued.
(Ord. 17, passed 9-2-47)
CHAPTER 116: TELEGRAPH, TELEPHONE, ELECTRIC AND GAS COMPANIES
Section
	116.01	Quarterly reports
	116.02	Accuracy of reports
	116.03	Rental fee
	116.04	Receipt for rental
	116.05	Relief not intended
	116.06	Rights of city
	116.07	Examinations and inspections
§ 116.01  QUARTERLY REPORTS.
	All persons, associations, organizations and corporations using or maintaining any telegraph, telephone, electric light or other poles, gas pipe lines, pipes and other fixtures in any of the streets, highways, easements, alleys, parks or other places within the corporate limits of the city shall on the first day of August of each and every year file with the City Secretary a sworn report showing the gross receipts from the business conducted by such persons, associations, organizations and corporations within the corporate limits of the city for the preceding year ending June 30th. At the option of the person, firm or corporation, they may make quarterly payments and reports in lieu of the annual payment.
(Ord. 36, passed 8-1-50; Amended 9-12-50) Penalty, see § 10.99
§ 116.02  ACCURACY OF REPORTS.
	The City Council may when it may seem fit have the books and records of the person, association, organization or corporation rendering the statement required in § 116.01 examined by a representative of the city to ascertain whether the statement is accurate, but nothing in this chapter shall be construed to prevent the city from ascertaining the facts by any other method.
(Ord. 36, passed 8-1-50)
§ 116.03  RENTAL FEE.
	(A)	Upon the first day of August of each and every year, every person, association, organization or corporation occupying or using the streets, highways, easements, alleys, parks or other public places in the city with poles, pipes and for other fixtures shall as a condition to such further occupancy pay to the city annually for such privileges a rental equal to 2% of the gross receipts received by the person, association, organization or corporation from its business conducted in the corporate limits of the city for the preceding year which sums shall be paid to the city.
	(B)	The rental for the privilege of using the streets, alleys, highways, easements and public places of the city provided for in this chapter is not charged as a tax but is made for the privilege now enjoyed and to be enjoyed by the persons, associations, organizations and corporations of using the streets, easements, alleys and other public ways of the city in the conduct of their respective businesses; such charges are additional to all ad valorem and franchise taxes and to all taxes of every nature whatsoever against the persons, associations, organizations or corporations mentioned herein.
(Ord. 36, passed 8-1-50)
§ 116.04  RECEIPT FOR RENTAL.
	Upon receipt of the above rental by the city, the City Secretary shall deliver to the person, association, organization or corporation paying the same a receipt for the rental, which the receipt shall authorize the person, association, organization or corporation to use and occupy the streets, highways, easements, alleys, parks and other public ways of the city in carrying on its business for 12 months from the first of August of such year.
(Ord. 36, passed 8-1-50)
§ 116.05  RELIEF NOT INTENDED.
	Nothing herein is intended to relieve any person, association, organization or corporation of any condition, restriction or requirement imposed by any law or ordinance of the city.
(Ord. 36, passed 8-1-50)
§ 116.06  RIGHTS OF CITY.
	(A)	This chapter does not grant a franchise to any utility or person, association, organization or corporation to use the streets, easements, alleys and other public ways and shall never be so construed by the courts or otherwise, and the city reserves the right to cancel the privileges granted hereunder and refund the unearned rentals paid to the city.
	(B)	The city reserves the right to put into effect at any time other restrictions and regulations as to the erection and maintenance of poles, wires, pipes and other appurtenances in the streets, easements, alleys and other public ways of the city and from time to time to require the poles, pipes, wires and other property equipment and fixtures as it may deem proper to be removed and to require wires to be run in conduits on such terms as the city may deem proper and to require the removal of same in the event that the pipes, poles, wires or other property should interfere with the use and enjoyment of public or private property.
(Ord. 36, passed 8-1-50)
§ 116.07  EXAMINATIONS AND INSPECTIONS.
	The City Fire Marshal, Building Inspector, Electrical Inspector, city's police officers and such other persons designated by the city shall have the power and it shall be their duty to examine and inspect from time to time all telegraph, telephone, electric light or other poles, gas pipe lines, pipes and other fixtures in the public places within the city for the purpose of seeing that all of same are in a safe and suitable condition, and whenever any such item is found to be unsafe or unsuitable for the purpose for which it is used, the person using, possessing or maintaining same shall be notified and required to place same in a safe and suitable condition.
(Ord. 36, passed 8-1-50) Penalty, see § 10.99