§ 26-259. Identification records.

(a)

A person commits an offense if he operates a sexually oriented business without maintaining on the premises a current registration card or file that clearly and completely identifies all employees of the sexually oriented business as required by this section.

(b)

The registration card or file must contain the following information for each employee:

(1)

Full legal name.

(2)

All aliases or stage names.

(3)

Date of birth.

(4)

Race and gender.

(5)

Hair color, eye color, height, and weight.

(6)

Current residence address and telephone number, and, for designated operators and adult cabaret entertainers, all residence addresses during the 12-month period preceding commencement of an employment or contractual relationship with the sexually oriented business.

(7)

A legible copy of a valid driver's license or other government-issued personal identification card containing the employee's photograph and date of birth.

(8)

Date of commencement of employment or contractual relationship with the sexually oriented business.

(9)

Original color photograph with a full face view that accurately depicts the employee's appearance at the time the employee commenced an employment or contractual relationship with the sexually oriented business.

(c)

The licensee shall maintain a separate file on each designated operator (other than the licensee or the licensee's spouse) and on each adult cabaret entertainer, which contains, in addition to the information and documentation required in subsection (b), the person's current official Texas criminal history report with a fingerprint card issued within the preceding 12 months.

(d)

Not later than 90 days after employing or contracting with a designated operator or an adult cabaret entertainer, the licensee shall include in the file a current official criminal history report from any state other than Texas in which the designated operator or adult cabaret entertainer resided during the 12-month period preceding commencement of the employment or contractual relationship with the sexually oriented business.

(e)

A licensee commits an offense if he allows a designated operator to operate a sexually oriented business without having on file, and available for inspection by representatives of the police department, all records and information required by this section for the designated operator.

(f)

A licensee or an operator commits an offense if he allows an adult cabaret entertainer to perform adult cabaret entertainment at a sexually oriented business without having on file, and available for inspection by representatives of the police department, all records and information required by this section for the adult cabaret entertainer.

(g)

All records maintained on an employee in compliance with this section must be retained at the sexually oriented business for at least 90 days following the date of any voluntary or involuntary termination of the employee's employment or contract with the sexually oriented business.

(h)

A person who operates a sexually oriented business or the person's agent or employee shall allow immediate access to these records by representatives of the police department.

(Ord. No. O-01-15 , § I, 1-12-2015)