§ 18.321. Issuance of permits.

(a)

Any person who desires to obtain an original or renewal permit shall make application to the chief of police, or designee, in person at the offices of the San Marcos Police Department between the hours of 8:00 a.m. and 12:00 p.m., Monday, Wednesday or Friday, city observed holidays excepted. The application shall be made under oath upon a form prescribed by the chief of police and shall include:

(1)

The name, home street address and mailing address (if different) of the applicant;

(2)

Proof of the date of birth of the applicant and the identity of the applicant, including at least one photographic identity card issued by a governmental agency;

(3)

A list of any criminal charges pending, convictions, and time of service in jail or prison as related to any of the following offenses:

a.

Any of the following offenses as described in V.T.C.A., Penal Code ch. 43:

1.

Prostitution;

2.

Promotion of prostitution;

3.

Aggravated promotion of prostitution;

4.

Compelling prostitution;

5.

Obscenity;

6.

Sale, distribution or display of harmful material to a minor;

7.

Sexual performance by a child;

8.

Employment harmful to children; or

9.

Possession or promotion of child pornography;

b.

Any of the following offenses as described in V.T.C.A., Penal Code ch. 21:

1.

Public lewdness;

2.

Indecent exposure; or

3.

Indecency with a child;

c.

Sexual assault or aggravated sexual assault as described in V.T.C.A., Penal Code ch. 22;

d.

Harboring a runaway child as described in V.T.C.A., Penal Code ch. 25;

e.

Criminal attempt, conspiracy or solicitation to commit any of the above offenses; or

f.

Any violation of article VI.

(4)

Two passport-type photographs of the applicant of a size specified by the chief of police, which shall become part of the photographic identity cards if a permit is issued.

(b)

Each application shall be accompanied by a nonrefundable processing fee of $60.00. Each applicant shall be required to provide fingerprints to be used to verify the applicant's identity and criminal history information. Each applicant shall sign a waiver and authorization form authorizing the chief of police to request on behalf of the applicant criminal history reports from the Texas Department of Public Safety and any appropriate federal agency.

(c)

The police department shall issue the permit within ten days from the date of filing of the application unless it finds that the applicant has been convicted of or spent time in jail or prison for an offense specified above in subsection (a)(3) within five years prior to the date of the application. If the application is not granted, then the applicant shall be mailed notice of the grounds and of their right to provide evidence and request a hearing with the chief of police, or his designee, within ten days from the date of filing of the application.

(d)

Each permit issued by the police department shall consist of two photographic identification cards, a personal card and an on-site card.

(e)

Any applicant whose application is denied and who requests a hearing on the denial shall be granted a hearing within ten days following the receipt of the request by the police department. The hearing shall be conducted by the police chief or designee. If the hearing officer rules against the applicant, then the applicant shall be given notice of the right to seek an injunction or judicial review of the decision by appeal to municipal court.

(f)

In the event that the director fails to issue or deny a permit application within the time specified in subsection (c) or to provide a hearing within the time specified in subsection (e), then the applicant shall, upon written request, be immediately issued a temporary permit which shall be valid until the third day after the applicant is given notice of the decision of the police chief or the hearing officer.

(g)

If any personal card or on-site card is lost or stolen, the holder thereof shall immediately notify the police department and request a replacement, which shall be issued for a fee of $35.00 within three days following verification of the identity of the holder.

(h)

No permit application shall be accepted nor shall a permit be issued to any person who does not provide proof that the person is at least 18 years old. Any permit issued by virtue of any misrepresentation or error to any person under age 18 shall be void.

(Ord. No. 2010-27, § 2, 5-18-10)