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HomeMy WebLinkAbout1980-02-25-1000AM-Specialf COMMISSIONERS' COURT SPECIAL MEETING FEBRUARY 25, 1980 A special meeting of the Commissioners' Court of Brazos County, Texas, was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 10 00 A M on Monday, February 25, 1980, with the following members of the Court present R J Holmgreen, County Judge, presiding Bill J Cooley, Commissioner of Precinct 1, Walter Wilcox, Commissioner of Precinct 2, H L Cargill, Commissioner of Precinct 3, Frank Boriskie, County Clerk The following citizens and officials were in attendance. Phyllis G Presley Mary Nichols Glen Devrow Greg Moses John Morris Bill Davie John Sneed Leanne Wakefield Buddy Winn KAGC Radio Auditor KBTX -TV KBTX -TV The Eagle KAMU -TV KAMU -TV WTAW Radio Tax Assessor - Collector The Court first considered a Resolution proclaiming March 8 through March 11, 1980 as "Brazos County Youth Live- stock Show Days" in Brazos County. On motion by Commissioner Wilcox, seconded by Commissioner Cooley, the Court unanimously voted to adopt the Resolution The Court next considered the resignation of Dr Terry Jones as Health Officer for Brazos County. After discussion Commissioner Cargill moved to accept the resignation of Dr. Terry Jones and to appoint Dr. Roy Smith to fill the vacancy. Motion was seconded by Commissioner Wilcox and carried unani- mously The Court next considered the appointment of two (2) mem- bers to the Brazos County Veteran's Land Board. On motion by Commissioner Cooley, seconded by Commissioner Wilcox, the Court unanimously voted to appoint Mr W D Burnham, Chairman and Mr Joe R White, Member to the Brazos County Veteran's Land Board VOL.,,O. AGE4,5/ r 4 J i �....�,. �. a....._ ., r �.F �� � ia..,_,1.��t, t -i1.+i.tpj... � '" L...�i. _ �r Ja °�_* �•^ —-+ -- • , t I i % J r t ' � t ' � � I I� � r . t COMMISSIONERS' COURT SPECIAL MEETING FEBRUARY 25, 1980 A special meeting of the Commissioners' Court of Brazos County, Texas, was held in the Commissioners' Courtroom in the Courthouse in Bryan, Brazos County, Texas, beginning at 10 00 A M on Monday, February 25, 1980, with the following members of the Court present R J Holmgreen, County Judge, presiding Bill J Cooley, Commissioner of Precinct 1, Walter Wilcox, Commissioner of Precinct 2, H L Cargill, Commissioner of Precinct 3, Frank Boriskie, County Clerk The following citizens and officials were in attendance. Phyllis G Presley Mary Nichols Glen Devrow Greg Moses John Morris Bill Davie John Sneed Leanne Wakefield Buddy Winn KAGC Radio Auditor KBTX -TV KBTX -TV The Eagle KAMU -TV KAMU -TV WTAW Radio Tax Assessor - Collector The Court first considered a Resolution proclaiming March 8 through March 11, 1980 as "Brazos County Youth Live- stock Show Days" in Brazos County. On motion by Commissioner Wilcox, seconded by Commissioner Cooley, the Court unanimously voted to adopt the Resolution The Court next considered the resignation of Dr Terry Jones as Health Officer for Brazos County. After discussion Commissioner Cargill moved to accept the resignation of Dr. Terry Jones and to appoint Dr. Roy Smith to fill the vacancy. Motion was seconded by Commissioner Wilcox and carried unani- mously The Court next considered the appointment of two (2) mem- bers to the Brazos County Veteran's Land Board. On motion by Commissioner Cooley, seconded by Commissioner Wilcox, the Court unanimously voted to appoint Mr W D Burnham, Chairman and Mr Joe R White, Member to the Brazos County Veteran's Land Board VOL.,,O. AGE4,5/ r r owl COMMISSIONERS' COURT MEETING - FEBRUARY 25, 1980 CONTINUED VOLE YALE Next to be considered was a request by Mrs. Wesley Steele for refund of the County's portion of "use tax" for a motor vehicle that was paid to the Tax Assessor - Collector in error. On motion by Commissioner Cargill, seconded by Commissioner Wilcox, the Court unanimously voted to authorize the refund in the amount of $23 80 and directed the County Auditor to make such payment On motion by Commissioner Cooley, seconded by Commissioner Wilcox, the Court unanimously voted to approve the Public Weighers Bond of Teresa Gwen Johnson in the amount of $2,500.00 with Western Surety Company as surety On motion by Commissioner Wilcox, seconded by Commissioner Cargill, the Court unanimously voted to pay $366 73 to the City of College Station and $1,308 58 to the City of Bryan for fire calls made the month of January, 1980 The Court next considered a revised Order regulating the location of certain sexually oriented commercial activities as passed at the Commissioners' Court meeting held December 10, 1979 On recommendation by the County Judge and on motion by Commissioner Cooley, seconded by Commissioner Cargill, the Court unanimously voted to adopt the revised Order, a copy of which is attached to and made a part of these minutes The Court next considered bids for the purchase of thirty- four (34) "Texas Special" transfer cases, thirty -two (32) 10" X 15h" ballot boxes, and thirty -two (32) 9" X 14" ballot boxes. The following bid was received Texas Voting Systems, Inc 1 Transfer cases 34 @ $34 55 each 2 Ballot box 10" X 15k" 32 @ $27 25 ea. 3 Ballot box 9" X 14" @ $24 40 each TOTAL $1,174 70 872 00 780 80 $2,827 50 On motion by Commissioner Wilcox, seconded by Commissioner Cargill, the Court unanimously voted to accept the only bid received from Texas Voting Systems, Inc i I Y ' r- s{7an- +^-c��-s' -r. _�-� �-�i - "- f•7'�- rt- '^— �i_.•-r.� �.rr��'� f' r , � I �' o • + � • /.� r � • i ! �!7 � �'Jt ° V e � !�+ �' \ � %= .d.�sdlll�_. .++fir �, 1n+ l•. _ � � � ., _ __� s. + 1 A ! � t COMMISSIONERS' COURT MEETING - FEBRUARY 25, 1980 CONTINUED i 1 s 1 5 The Court next considered bids for the construction of Phase II & III at the Livestock Pavilion on Tabor Road. There were no bids received. Commissioner Cooley suggested that this construction be referred to Ed Dobbins to determine what can be done in this matter and set a target date On motion by Commissioner Cargill, seconded by Commissioner Wilcox, the Court unanimously approved authorization for Commis- sioner Stasny to utilize Road and Bridge II funds. On motion by Commissioner Cooley, seconded by Commissioner Wilcox, the Court unanimously approved Requests For Change In Status Of Employees as follows Cheryl Davis Wilhelmina Brekenfeld Jackie H Watson Terry Lynn Hicks Terry M Jones, M D Roy L Smith, M D John B Dodson, Jr. Melba Ruth Maddox County Clerk's office County Clerk's office District Clerk's office District Clerk's office County Health Unit County Health Unit County Health Unit County Health Unit The Court proceeded to consider the following Claims submitted by the County Auditor for payment General Fund Claims 670 through 745 On motion by Commissioner Cooley, seconded by Commissioner Wilcox, the Court unanimously voted to pay the Claims as submitted The County Judge next advised the Court of a 234 acre tract of land which is now located east of the Brazos River. The Court needs to determine in which county the 234 acres is located It was the concensus of the Court to take the problem to their legal consultant. The Court next considered the payment of the invoice from Roadrunner Traffic Supply, Inc in the amount of $7,566 69 for signs to be installed throughout Brazos County in conjunc- tion with the Traffic Engineering Study and Sign Replacement Program After discussion Commissioner Cooley moved to pay the invoice out of the Road & Bridge General Fund and to amend T VOLLPACK 4,53 N COMMISSIONERS' COURT MEETING - FEBRUARY 25, 1980 CONTINUED VOL a . PAWE the 1980 budget in that amount with the understanding that the Road & Bridge General Fund would be reimbursed when the County is reimbursed under the conditions of the contract. The motion was seconded by Commissioner Cargill and carried unanimously. There being no further business to come before the Court, the County Judge announced the meeting adjourned , i ,I i ;I r I i r v •t j • l/ / � 1 n, 1 I 1 r • • 1 � 9 ii F i� a s 4 � l.,, r•- .�- _• -1--' _ �.� _ .ir - �.-.�� r _, - .,f.�s ..�a.0 .u« r / _/_ ..s..�+�_�I.�r,.. •/..` � .. � ,.ta eiw+•s�r / 2/13/80 01 AN ORDER REGULATING THE LOCATION OF CERTAIN SEXUALLY ORIENTED COMMERCIAL ACTIVITIES, REQUIRING PERMITS THERE- FOR, ESTABLISHING A PROCEDURE FOR APPLICATION FOR PERMITS, REGULATING THE OPERATION THEREOF, PROVIDING FOR THE CANCELLATION OF PERMITS, CONFIRMING PENALTIES FOR VIOLATIONS, PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFEC- TIVE DATE WHEREAS, the Commissioners' Court of Brazos County, Texas, finds that the unrestricted location of certain sexually oriented commer- cial enterprises in Brazos County, Texas, may be detrimental to the public health, safety, and welfare by contributing to the decline of residential and business neighborhoods and the growth of criminal activity, and WHEREAS, the 66th Legislature of the State of Texas enacted House Bill No. 654, effective May 17, 1979, codified as Article 2372w, Revised Civil Statutes of Texas, authorizing the counties of the State of Texas to restrict the location of certain sexually oriented cotipiercial activities, to require a permit for the oper- ation of such establishments, and providing penalties thereunder, now, therefore, TEXAS IT IS ORDERED BY THE COMMISSIONERS' COURT OF BRAZOS COUNTY, Section I. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section Commissioners' Court - the duly elected County Judge and Commissioners of Brazos County, Texas. County - any unincorporated portion of Brazos County, Texas County Clerk - the duly elected County Clerk of Brazos County, Texas. County Judge - the duly elected County Judge of Brazos County, Texas Massage - any method of treating the superficial parts of a patron for medical, hygienic, exercise or relaxation purposes or any other purpose, by rubbing, stroking, kneading, tapping, pounding, vibrating or stimulating with the hands, feet or any instrument VOL, LIPAGE� -1- r 1�' � 1 �.t. i.._ t- "�Jh2sn. -t 9h Y ,1 if. ...t/[1^ _. +!�Y". -) �J'�o7S .w,ffi •. t4�?z.r �i.�'Y"N� VO L-a—PA M E- Massa a Establishment or Business - a place or establishment which s operate or the purpose of giving massage services at such establishment or on a home call basis. Massager - any person who for compensation en- gages in the practice of massage as herein defined. Section II. Restrictions on Location, Permit Required (a) After the effective date of this order, no person, firm, corporation, or other legal entity shall establish, open for business, or operate a massage parlor, nude studio, modeling studio, love parlor, or other similar commercial enterprise in any portion of Brazos County, Texas, outside the corporate limits of a city, without having first obtained a permit therefor as provided in this order (b) No such permit shall be granted for the establishment or operation of an enterprise of the type described in Section II(a) above for any location outside the corporate limits of a city in Brazos County, Texas, other than locations upon real described as Lots One (1), Two (2), Three (3�roperty , Four (4) and Five (5), Deer Park Subdivision, a subdivision in Brazos County, Texas, as shown by the plat of said subdivision recorded in Volume 221, page 295, Deed Records of Brazos County, Texas, to which reference is here made for further descrip- tion of the permitted locations hereunder (c) The terms "massage parlor ", "nude studio ", "modeling studio ", "love parlor ", and "other similar com- mercial enterprise" as used herein shall mean and include any enterprise whose major business is the offering of a service which is intented to provide sexual stimulation or sexual gratification to the customer (d) Nothing in this order is intended to regulate any establishment of a type described in Section 3 (b) of Article 2372w, Revised Civil Statutes of Texas Section III. Nature of Permit, General Provisions (a) A permit issued pursuant to this order is a purely personal privilege and is subject to cancellation as provided by this order It is not property, is not subject to execution, does not pass by descent or distribution, and ceases on the death of the holder. No such permit may be assigned to any other person, firm, corporation, or other legal entity. (b) No permit may be issued for a period longer than one (1) year Any permit issued without an expiration date expires one (1) year after the date on which it was issued. (c) No person shall conduct a business of the type described in this order except under the name to which the permit covering such business is issued The Commissioners' Court reserves the right to require an applicant to amend the proposed name of any such business so as to clearly identify the nature of such business to the general public. (d) Each applicant for such a permit shall designate an agent for service of'process issuing out of the courts of -2- b • 1J� i.- —• /', At ...r I.�ys�. 44 SST /. e{.t • ;91 this State, designating the name, street address and business of such agent. If no such agent for service of process is designated, the applicant shall irrevocably be deemed to have appointed the County Clerk of Brazos County, Texas, for service of process in any cause of action arising out of the provisions of this ordez, and the County Clark shall send any citation served on him by registered mail, return receipt requested, to the applicant at the address of such business as shown by the application on file The return receipt shall be prima facie evidence of service upon the applicant. Section IV Permit required, exceptions. (a) Operator's permit required. It shall be unlawful for any person to operate in the county a massage business without first obtaining a permit to operate such an establishment A separate permit shall be required for each and every separate office or place of business conducted by such person. (b) Massager's permit required It shall be unlawful for any person to practice massage in a massage business establishment without first having obtained a valid permit to practice massage. (c) The provisions of this section shell not apply to (1) Hospitals, nursing homes, sanitariums, or persons working in any such establishment. (2) Persons holding an unrevoked certifi- cate to practice the healing arts under the laws of the state, or persons working under the direction of any such person. el (3) Licensed barbers and cosmetologists. (4) Licensed physical therapists and assistant physical therapists (5) Persons employed as a trainer or other employees of any school or university to perform massage services to members of its athletic department (6) Persons employed by the city, county, state or federal government to perform massage services. Section V. Application and Issuance of Operator's Permit (a) A person, firm, corporation or other legal entity may file an application to operate a massage parlor, nude studio, modeling studio, love parlor, or other similar commercial enterprise within the permitted location outside the corporate limits of a city within Brazos County, Texas, with the County Clerk of Brazos County, Texas A fee in the amount of $100 00 shall be paid at the time of filing such application, which is the amount which the Commissioners' Court hereby determine to be the actual cost of processing the permit application. VOL L -PAGE -3- — .—.-__ _��.._.- ... -.�.. -�._ - �_�..- .. .. ^.c .rte •_�- rr.- -r _.._ .._ -_.. _._ - •- -�_� -. _.._._<y _..a- -�_ ._... + -� .._.. -.__ ._..� -� _ ._ ,__ .>� r V01, O...PAGE- (b) The County Clerk may promulgate a form for such application, requiring any reasonable information relating to the applicant, the business, or any other aspect of the sub- ject matter of the application and permit. No application will be considered by the Commissioners' Court which does not include the following information (1) The full legal name of the applicant, residence address, age, length of residence in Brazos County, occupation for the preceding five years, social security number, drivers license number, and a description of the applicant including color of hair and eyes, height and weight (2) If the applicant is other than an individual, the information set forth in the preceding paragraph for each owner, partner, officer, director, stockholder and any other person claiming a financial interest in the applicant or the busi- ness to be operated (3) The location within the permitted area described in this order upon which the business is to be operated A plat or map of the real property and a description of the improvements thereon shall be furnished with the application (4) The proposed hours of operation of the massage business (5) A complete list of the names and residence addresses of all massagers and employees in the business and the names and residence address of the manager or other person principally in charge of the operation of the business (6) The type and kind of mechanical or electrical equipment the applicant will use in administering massages, if any (7) The experience of the applicant in the field of massage, if any, and whether or not, in any other place, the applicant has had a license to operate a massage business denied, revoked or sus- pended, and the reason therefor (8) All felony convictions of the applicant within five (5) years of the date of application, and all misdemeanor convictions for offenses involving moral turpitude within five (5) years of date of application, the jurisdiction in which such convictions occurred, the offenses charged, and the date of such convictions If the applicant is other than an individual, such statement shall be furnished by each owner, partner, officer, director, stockholder and other person owning or claiming any interest in business. (9) Authorization for the county, its agents and employees to seek information and conduct an investigation into the truth of the statements set in the application .0) A photograph, not less than 2" x 3 ", of ,plicant and each person named in (2) above. 1) Certification by the Sheriff's department -4- U U P fr that a complete set of fingerprints have been taken by the Sheriff or his designate. (c) No application shall be considered by the Commissioners' Court unless the applicant has taken an oath before an officer authorized by the laws of the State of Texas to _3minister oaths, as evidenced by the application, that the facts set forth in the application are true and correct, such oath to be sufficient to support a conviction for perjury or false swearing under the laws of the State of Texas If the applicant is other than an individual, the statement required of any other person under Paragraphs 2 and 5 above shall be accompanied by such an oath by such person. (d) Upon the filing of any such application, the County Clerk shall notify the Sheriff of Brazos County, the County Attorney of Brazos County, and the District Attorney for the 85th Judicial District of Texas, of the filing of such application The County Clerk shall cause a notice to be published in a newspaper of general circulation in Brazos County, setting forth the name of the applicant, all persons financially interested in the business, the general location within the permitted area of Brazos County, the type of business to be operated under the permit, and the date upon which the application will be considered by the Commissioners' Court The actual cost of such publication shall be paid by the applicant at the time of filing the application (e) The County Clerk may refuse to file any application which does not contain the requisites set forth in paragraph (b) of this Section V If a form has been promulgated by the County Clerk, he may refuse to file any application not in proper form (f) Within thirty (30) days after the date of publication of the notice required by paragraph (d) of thi, Section V, and on the date specified in such published notice, the Commissioners' Court shall convene to make a determination with respect to such application, provided, however, that before or after hearing such application, the Commissioners' Court may adjourn such hearing to a subsequent date, not more than thirty (30) days, without the necessity of additional public notice other than an announcement of such subsequent date and time in open court. Section VI Approval by the Sheriff. The Sheriff or his designate shall conduct an investigation into the criminal history, if any, of each applicant Before any permit shall be issued under this order, the Sheriff shall first sign his approval of the application He shall not sign such approval if he finds that, with the five years next preceding the date of application, the applicant has been convicted of a felony or of an offense involving moral turpitude. Section VII. Action by Commissioners' Court, Appeal. (a) On hearing the application, if the Commissioners' Court finds that any fact stated in the application is untrue, that the proposed location is not within the permitted area of Brazos County, Texas, and outside the corporate limits of a city. or if the oueration of such business would be VOL.�AGE -5- 1 LIt V ®L..QYAV+E4&0 detrimental to the public health, safety, and welfare or promote the growth of criminal activity, it shall enter an order denying such application. (b) If the Commissioners' Court enters an order granting the application, the County Clerk shall issue a permit for the operation of such business, setting forth ' the issue date, the approved location, the exact description of services to be offered by the applicant to its customers, the exact name of the applicant and all other persons of whom statements were required under Section V of this order, and the expiration date of the permit, (c) If the Commissioners' Court denies any such application, appeal may be had within 30 days from the date of such order to a Court of proper jurisdiction, under applicable provisions of law Section VIII. Conduct of Business under Permit (a) The permit shall be displayed at the approved location at all times in a conspicuous place (b) No person shall advertise, cause to be advertised or permit to be advertised, the fact that such business operates under a permit issued under the terms of this order or containing any other statement with reference to this order or the Commissioners' Court (c) By accepting a permit, the holder consents that any peace officer may enter the premises described in the application at any time to conduct an investigation or inspect the premises for the purpose of performing any duty imposed or permitted by this order. (d) Each permit holder shall make and maintain, subject to inspection by the Commissioners' Court, any member thereof, or the Sheriff of Brazos County, adequate records of the business activities conducted at the location designated in the permit. Such records shall include, but not be limited to, the daily hours of operation for each day when any business was transacted, the name and address of each employee who was present on such day, and the name of the person ultimately responsible for the operation of such business on such day and the hours during which such person was responsible for the operation of such business. The failure to make, keep and maintain such records as required herein shall be grounds for cancellation of the permit as hereinafter provided. The making of a false record or any false entry in any such record shall be grounds for cancellation of the permit as hereinafter provided Section IX Application for massager's permit Each person desiring a massager's permit shall make an application, in writing, to the County Clerk on forms provided by the county, requesting that the County Clerk issue a massager's permit to such a plicant Such an application shall be accompanied by a fee of $25 00 and contain the following. (a) The applicant's full name, residence address and residence telephone number (b) The name, business address and telephone number of -6- • ��T'.�'.r7- �iZ^T""^R� '^"a. -�'i -j ' ^�'�+.�r -- �...- ..�.�"^..�T '^'^.�•T'- �..�....�. � �.._ .. _�.- � .. T � .� .. �.��s r �� t Y ♦�.+.. `?7, NJ �I '-'! "Y / 1 „++�t- � S 1'��s— Qx-T.- j J � ♦ ^L�`.v ;'�'T'�� --. � �/♦ M1N. 7 �J ~ J n 1 1 1 s I s .. a_ t.�J• /, LA �w L -!. ^y��- �SYF��{�!'�. i ~�V i1 11J Iri.AR. i �.,..J�ir•.__i /ifSr +` � �- �_.._� �. r 1 • .\ I 1 J1 -- _ - L r / the massage business in which the applicant will work. i . (c) Written proof of age. (d) Height, weight, sex, and color of hair and eyes. (e) The experience of the applicant in the field of massage, if any, and whether or not, in any place, the applicant has had a massager's license revoked or suspended, and the reason therefor. { (f) All felony convictions of the applicant within five (5) years of the date of application, and all mis- demeanor convictions for offenses involving moral turpi- tude within five (5) years of date of application, the jurisdiction in which such convictions occurred, the offenses charged, and the date of such convictions. (g) A photograph of the applicant, not smaller i than 2" x 3 ". (h) Certification by the Sheriff's department that a complete set of fingerprints have been taken by the Sheriff or his designate. (i) Authorization for the county, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application. (j) Written declaration by the applicant, under penalty of perjury, that the foregoing information contained in the application is true and correct. Section X. Issuance of massager's permit. The County Clerk shall issue a massager's permit within thirty (30) days of receipt of the application ' unless he finds that I (a) The correct permit fee has not been tendered i to the county, and, in the case of a check or bank draft, honored with payment upon presentation, or, (b) The applicant has been convicted of a felony or any offense involving moral turpitude, unless such conviction occurred at least five (5) years prior to the date of the application, or, (c) The applicant has had a massage business operator's permit or a massager's permit denied, revoked or suspended by any governmental entity within five (5) years prior to the date of application, or, (d) The proposed employer of the applicant does not hold a valid operator's permit, (e) The applicant is not over the age of eighteen (18) years, or, (f) The applicant has knowingly made any false, misleading or fraudulent statement of fact in the license application or in any document required by the county in I conjunction therewith I voL.LPAGE-46 �_� -7- r VOi..°_.PAah-i�Ze -- Section XI. Cancellation of Permit, Appeal (a) The Commissioners' Court may cancel any permit issued pursuant to this order, after notice to the applicant and hearing, upon a finding that (1) Any fact contained in the application for such permit or any statement required to be filed with such application was false at the time such application was made or has become false during the effective period of the permit, (2) The permit has been assigned to any other person, firm, corporation or other legal entity, or that the holder has died, been adjudged bankrupt, insolvent, or incompetent, or, if a corporation, has been dissolved voluntarily or involuntarily, (3) The business is being operated under a name other than that set forth in the application, (4) The business is being operated by any person other than the applicant set forth in the application, (5) Any provision of Section 7 of this order is being violated as to the display of the permit or as to the prohibition against advertising, � (6) The applicant or any other person has refused i to permit any peace officer to enter the premises for the purposes set forth herein, (7) The applicant has failed to make, keep or maintain the records prescribed by Section 7 above, (8) The applicant has refused to make the records prescribed by Section 7 above available to the Commissioners' Court, any member thereof, or to the Sheriff of Brazos County, Texas, upon request therefor, (9) The applicant or any other person has made a false record or any false entry in any such record, (10) Any breach of the peace has occurred upon the premises, (11) The applicant has conducted his business in any manner which warrants the cancellation of the permit based on the general welfare, health, peace, morals, safety, and sense of decency of the people, (12) The applicant or any person employed by applicant has permitted, engaged in, or encouraged any criminal activity upon the premises or permitted any person on the premises to engage in conduct which is lewd, immoral, or offensive to public decency, or (13) The continued operation of the business would be detrimental to the public health, safety, and welfare, or would promote the growth of criminal activity (b) Notice of any proposed hearing to cancel any permit issued hereunder shall be given to the permit holder at the address set forth in the application on file with the County WE 1 1 / � 4 1 / \L Fr � M r ,f •Iv-- .-.�.. _ .. �_� ....� r_ . � w .... � ,.t ,� {."r= rrA Lr�.�..�- �..�.r{`+wr.� -, t '�' , ... � ,l \1 � � . � j^ ,• N 3 �r s 4 h . � i L J ... ., � `r�.. -...� • J..,�._�•�,+r, r^ ,� � 1 � y� i � �� 'H ' " � � _.L'�JC1� �l • :,A�. �Jr �' -- �. •' __ i i Clerk, registered mail, return receipt requested. The returned receipt shall be conclusive evidence that the notice was received by the permit holder. Such notice shall include a general description of the proposed grounds for cancellation and shall specify the date and time when the hearing on cancellation shall be held (c) A hearing on cancellation of a permit may be held after determination by the Commissioners' Court that j sufficient grounds exist for such hearing, upon application on any member of the Commissioners' Court, the Sheriff of Brazos County, the County Attorney of Brazos Courry, the District Attorney for the 85th Judicial District of Texas, t or any other resident of Brazos County 1 (d) At the hearing on cancellation, the evidence in favor of cancellation shall be presented by the County Attorney of Brazos County or the District Attorney for the 85th Judicial District of Texas The permit holder shall have a right to be represented by counsel and shall be entitled to cross - examination of witnesses. (e) The decision to cancel any permit may be made by the Commissioners' Court if it determines that grounds for such cancollation havo been presented and proved by j A 1) 1101)01100_9 All 00 02 Mhe QVI(IO)WO, Y) At JL§ RMOV@Lieu, 1110, Ocmwu i►►hy appuinL a reaiduuL ttLtuetiey dL IiAW ut Ut'Nl08 00111tLy, 'x.'00 i to adduce the evidence in support of and apposing cafteei- lation, which evidence shall be reduced to writing in the same manner as depositions in civil actions. The final decision by the Commissioners' Court may be made from this written record of the evidence, but shall be made in open court with the permit holder having been notified of the day and time of such meeting and of his right to be present. VOL.LPAGE-4-63 -9- (g) Any decision to cancel a permit issued hereunder may be appealed to a court of proper ,jurisdiction within thirty (30) days after decision of the Commissioners' Court, �) under applicable provisions w' law. a' Section XII Renewal of Permits (a) A permit may be renewed for a period of one (1) year upon a certificate of the applicant, under oath, that all of the statements contained in the original application remain true and correct A permit may be renewed for j successive periods of one (1) year each upon the filing of ♦ such certificate, riot to exceed four (4) renewals Upon the filing of such certificate, the Commissioners' Court may order the issuance of a renewal permit without the necessity of any notice or hearing, except that the Sheriff '± and County Attorney of Brazos County and the District Attaraey for fiche 85th Judicial District of Texas shall be entitled to notice of the filing of such certificate. E(b) If the Commissioners' Court so determines, it may requite the permit holder to file an original application and proceed in the manner directed by this order If any renewal permit request is denied, the permit holder shall 1 have the right to file an original application, but shall have no right of appeal from denial of a renewal request. ( Id (c) A fee of $75 00 shall be paid to the County Clerk VOL.LPAGE-4-63 -9- 1 � � / r 1 V0L Q..PAGE.1fJd of Brazos County, upon the issuance of any renewal operator's permit, which the Commissioners' Court hereby determines to be the actual cost of processing the renewal Application. (d) A fee of $25.00 shall be paid to the County Clerk of Brazos County, upon the issuance of any renewal massager's permits which the Commissioners' Court hereby determines to be the actual cost of processing the renewal application. Section XIII Prohibited Activities not Authorized (a) Nothing contained in this order is intended to authorize any act which is now prohibited by the Penal Code of the State of Texas or any other penal provisioa of law Section XIV Existing Businesses to Obtain Permit (a) Any business or enterprise which is operating within the permitted area of Brazos County, Texas, on the effective date of this order shall apply for a permit under the terms of this order in order to continue to offer the types of services described herein, such application to be filed not later than March 10, 1980 Section XV. Violations, Civil Enforcement (a) A violation of the terms of this order is a Class B misdemeanor under the provisions of Article 2372w, Revised Civil Statutes of Texas (H B 654, 66th Legislature, Regular Session). (b) Suit to enjoin any violation of the terms of this order may be brought in the name of Brazos County, Texas, pursuant to the provisions of Article 2372w. Section 5 (a), Revised Civil Statutes of Texas Section XVI. Severability (a) If any provision of this order, or its application to any person of circumstances is held invalid for any reason, the invalidity does not affect any other provision or application of this order which can be given effect without thn invalid provision or application, and to this end the provision of this order are declared to be severable Section XVII Effective Date (a) This order shall take effect and be in full force from and after the date of adoption by the Commissioners' Court of Brazos County, Texas. Section XVII. i (a) This order supercedes the prior order of the Commissioners' Court adopted on the 10th day of December, 1979. i It -10- r ---- -, - 4 , ..���L— ..�.� —.� —• 1 A sT YF _ f y fir. Y ,_ ..� _.�' �+.�_,1 1 _..,M � �� •y. --r: !- �� y r:-..l n... .a � `b'- Y--= �- ,`Tt�/ _ -�._.. �.rs+'+le..+^s+�+t+�'"+^I^+� 1 i r 7I + r ♦ r t � Op U _� �.L- �.._.�_�i_ f ?�. ; i .9�' �.. �'^ •_ ~:a....��r i� ,..i.r.'. r' A..�irr_ '.at �, .�1r~} >: ev_ ; -- ._— •_-- -_ . a t + 1 The foregoing minutes have been examined and approved in open Court this the day of 1990 in Fryan Brazos County, Texas R J Holmgreen Bill ooley County Judge Commissioner, Preci ct 1 A i cox Commissioner, Precinct 2 rgi Commissioner, Precinct 3 V A - tasny Ttank BorlsXie Commissioner, Preci t 4 County Clerk VOA .LPAGE +65'