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Home My WebLink About1981-02-09-1000AM-Regular• ' \ 1 ~ V L 1~ l 'f ' ~ '1 ~ , N ~ ~ kit ~ ~ / ♦ J -.e~( ~ ~ .lL ~Y~ ~ F. I t i COMMISSIONERS' COURT REGULAR MEETING FEBRUARY 9, 1981 A regular 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 9, 1981, 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, Billy E Beard, Commissioner of Precinct 3, W A Stasny, Commissioner of Precinct 4, Frank Boriski.e, County Clerk The following citizens and officials were in attendance Kenneth A Telg Mayge Henry Dan Colunga Buddy Winn Bobby Hicks Jim Thompson Martin Riley, Jr. Greg Morgan Mary Nichols Virgil Litchford Van Kinerd Bobby H Yeager Tom Payne Christian Galindo John St Clair B V Elkins Jann Snell William H McLeod 0 L Pate Clyde W Day F D Bennett Tammy L Pardi Jack W Cumpton Phyllis Presley D A Andy Anderson James Hamilton City National Bank First National Bank Colunga & Associates Tax Assessor-Collector Citizen KBTX-TV Spencer Buchanan & Associates Spencer Buchanan & Associates Auditor Citizen Auditor's office Sheriff Brazos County Firefighters Assoc. Galindo Engineers Sheriff's office Treasurer The Eagle Texas Voting Systems, Inc Prect 2 Volunteer-Fire Dept Millian Volunteer Fire Dept Precinct 2 Volunteer Fire Dept. KAGC Architect WTAW Citizen KAMU-TV The Court received, approved and ordered filed as sub- mitted the following reports for January, 1981. W T Sistrunk, County Extension Agent, Mike McKinney, County Extension Agent, C Jack Hunter, County Extension Agent, Mable Walker, County Extension Agent, Wanda L Pope, County Extension Agent The Court received, considered and approved the following reports from County and Precinct Officers showing official V®L O._PAGE_Z5 A COMMISSIONERS' COURT MEETING - FEBRUARY 9, 1981 CONTINUED Voj g.-PAGE fees of office collected and remitted to the County Treasurer according to duplicate copies of the Treasurer's Official receipts FRANK BORISKIE, COUNTY CLERK Fees-----------------------------------------------------$17,607 25 County Judge's Fees-------------------------------------- 829 00 County Attorney's Fees----------------------------------- 1,286 50 Sheriff's Fees------------------------------------------- 897.25 Sanitary Disposal---------------------------------------- 770 00 Law Library Fees----------------------------------------- 727 50 Fines---------------------------------------------------- 4,970 00 Criminal Justice Fees--(49) 245 00 Law Enforcement Education Fund--------------------------- 49 00 Victims of Crime Fund------------------------------------ 390 00 TOTAL COUNTY CLERK'S FEES-------------------------------------$27,943 00 W. D. BURLEY, DISTRICT CLERK Fees-----------------------------------------------------$ 4,226 60 Sheriff's Fees------------------------------------------- 684 00 Sheriff's Jury Fees-------------------------------------- 465 00 District Attorney's Fees--------------------------------- 126 00 Fines---------------------------------------------------- 240 00 Trial Fees & Jury---------------------------------------- 45 00 Law Library Fees----------------------------------------- 697 50 Criminal Justice Fees--(4) 40 00 Law Enforcement Education Fund--------------------------- 4 00 Victim of Crime Fund------------------------------------- 30 00 TOTAL DISTRICT CLERK'S FEES-----------------------------------$ 6,558 10 DAN RICHARD BETO, CHIEF ADULT PROBATION OFFICER FEES $ 8,478 59 BOBBY H YEAGER, SHERIFF FEES $ 4,075 00 B H DEWEY, JR , JUSTICE OF PEACE, PRECINCT 4, PLACE 1 Fines 937 30 Sheriff's Fees------------------------------------------- 7 00 Constable's Fees----------------------------------------- 191 00 Small Claim Fees----------------------------------------- 24 00 Civil Fees----------------------------------------------- 94 00 Criminal Justice Fees--(20) 50 00 Law Enforcement Education Fund--------------------------- 20 00 TOTAL JUSTICE OF PEACE, PRECINCT 4, PLACE 1 FEES--------------$ 1,323 30 CAROLYN M HENSARLING, JUSTICE OF PEACE, PRECINCT 4, PLACE 2 Fines----------------------------------------------------$11,477 00 Sheriff's Fees------------------------------------------- 42 00 Criminal Justice Fees------------------------------------ 1,025 00 Law Enforcement Education Fund--------------------------- 410 00 TOTAL JUSTICE OF PEACE, PRECINCT 4, PLACE 2 FEES--------------$12,954 00 MICHAEL B CALLIHAM, JUSTICE OF PEACE, PRECINCT 7, PLACE 1 (December 1980). Fines $ 2,061 00 Constable's Fees----------------------------------------- 557 00 Small Claims & Civil Fees-------------------------------- 151 00 Criminal Justice Fees--(82) 205.00 Law Enforcement Education Fund--------------------------- 82.00 TOTAL JUSTICE OF PEACE, PRECINCT 7, PLACE 1 FEES--------------$ 3,056 00 A P BOYETT, JR , JUSTICE OF PEACE, PRECINCT 7, PLACE 2 $ 6,053 90 Fines---------------------------------------------------- 630 00 Criminal Justice Fees--(252)------------------------ 252 00 Law Enforcement Education Fund--------------------------- TOTAL JUSTICE OF PEACE, PRECINCT 7, PLACE 2 FEES--------------$ 6,935 90 r 4 y+ I~ II 11 \v S l J~ i 'v : '}l !Y 1 t M1: C 1 ! y------ ~ / P t i~ ;f. COMMISSIONERS' COURT MEETING - FEBRUARY 9, 1981 CONTINUED =s s ~ The Court first considered the minutes of the meetings held January 12, January 13, January 14, January 15, January 26 and January 30, 1981 On motion by Commissioner Cooley, seconded by Commissioner Stasny, the Court unanimously approved the minutes without change The Court next considered a request from Tom Payne, President of the Brazos County Firefighters Association, for funds to be used to repair one (1) fire truck in Precinct 2 and one (1) fire truck in Precinct 3 The Court was also ad- vised by Mr Clyde Day that Precinct 1 had one (1) truck in need of repairs On motion by Commissioner Wilcox, seconded by Commissioner Stasny, the Court unanimously approved pay- ment for all three (3) trucks It was the consensus of the Court to realocate funds within the Fire Protection budget to place a dollar amount to be used on each fire truck This being the time designated by law for the selection of a depository for all County funds the Court proceeded to discuss this matter The County Judge announced that notice had been properly published according to law, and invitations to bid had been mailed to all local Banks and Savings and Loans and proceeded to open the bids in the order in which they were received The financial institutions that submitted bids were 1 Commerce National Bank - letter declining 2 College Station Bank 3 First National Bank 4 City National Bank All bids were accompanied by a Cashiers check as requested The County Judge and all members of the Court stated that they would need additional time to study the bids and acquaint themselves with the terminology used The County Judge stated that a descision would be made at the Commissioners' Court meeting to be held February 23, 1981 at 10 00 A M The Court next considered payment of a statement from Dr Dan Colunga in the amount of $1,937 00 for consulting II . V®L,_Q.VAGaE'ZS3' I ~ 4/r♦w.w .l.lt %+Cw...~~n.~wrw `,r„41 COMMISSIONERS' COURT MEETING - FEBRUARY 9, 1981 CONTINUED f rri~a~ The Court next heard a presentation on license and weight The Court next considered the following bids for the con- 1 Wylie Grace & 40C linear ft 2 A L Garner build, $20 00 3 Hurricane Fen linear ft to 4 Bobby Hicks 38C per foot for entire construction The Court next considered the following bid for the 1 Texas Voting Systems, Inc 100 machines, reconditioned, $222 00 each for a total of $22,000 00 The Court next considered an Order regulating the location services On motion by Commissioner Beard, seconded by Com- missioner Wilcox, the Court unanimously approved payment of the statement in the amount of $1,937 00 permits for the county. On motion by Commissioner Cooley, seconded by Commissioner Beard, the Court unanimously voted to hold a Public Hearing on the matter on Friday, February 27, 1981 at 10 00 A M struction of fence on FM 158 On motion by Commissioner Beard, seconded by Commissioner Wilcox, the Court unanimously voted to accept the low bid of Bobby Hicks and authorized him to start the necessary work purchase of voting machines for Brazos County On motion by Commissioner Cooley, seconded by Commissioner Wilcox, the Court unanimously voted to award the bid to the only bidder with funds to come from the Revenue Sharing Budget of certain sexually oriented commercial activities, requiring permits therefor, 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 effective date On motion by Commissioner Cooley, seconded by Commissioner John Hightower 90C linear ft to build, to tear down old fence, $20 00 per brace. 40C ft for tearing down, 85C foot to a corner in concrete ce 50C linear ft to tear down, $1 00 build new, $20 00 ea corner, end & brace. ~ ~ Jt ~ n 1 4 l I I i n ~ ~ + f f s~ 1981 CONTINUED IONERS' COURT MEETING - FEBRUARY 9, 1981 CONTINUED a Beard, the Court unanimously adopted the Order effective February 9, 1981 A copy of such Order is attached to and made a part of these minutes. The next matter to come before the Court was the receipt of bids for installation of scales on Tabor Road TEe County Judge announced that no bids were received, whereupon Commissioner Cooley moved to authorize the negotiation for the necessary material and labor, and have the scales installed and put into operation Commissioner Cooley further moved to pay for such installation with monies from the Revenue Sharing Fund The motion was seconded by Commissioner Beard and carried unanimously The Court next considered bids for gasoline and diesel fuel for Brazos County Commissioner Cooley moved that the diesel and gasoline for Precinct 1 be awarded to Gulf Oil Company The motion died for lack of a second Commissioner Beard then moved that the bid be awarded to Gulf Oil Company, for a period of three months January through March 31,1981, at which time the County will readvertise for bids The motion was seconded by Commissioner Cooley and carried unanimously The Court next considered advertising for bids for leasing with the option to buy a computer for the Auditor's office Dr Dan Colunga advised the Court of the following two ways to proceed with this matter 1) to advertsie for all heavy needs now, or 2) wait until all needs are expressed On motion by Commissioner Beard, seconded by Commissioenr Cooley the Court voted to have Assistant Auditor, Van Kenard, meet with Dr Colunga to draw up specifications for the Computer The Court next considered the Preliminary Plat of LITCHFORD sudbivision in Precinct 4 On motion by Commissioner Stasny, seconded by Commissioenr Wilcox, the Court unanimously approved the Plat subject to the following 1) the addition of a drainage easement in Lot 5, and 2) the entrance being flared 45 ~i ~ 7 t l" y L p. ' y r r•-,...-,.y I r {^'w'a~+Kt.a 3.'.. i~,~ r+~ y 'r. r ` MMISSIONERS' COURT MEETING - FEBRUARY 9, 1981 CONTINUED ' V0j,.a_PAG$E.Zi6-- The Court next considered the Preliminary Plat of LA BRISA V in Precinct 4 On motion by Commissioner Stasny, seconded by Commissioner Beard, the Court unanimously approved the Plat as submitted The Court having previously advertised and received bids for equipment to be installed in the County Jail, proceeded to discuss a bid for louvers that was received late The County Judge advised the Court that the bid had been mailed timely, but had been held up by the mail service and that in all pre- vious bids received none was received for louvers On recommen- dation of Jack Cumpton, Architect, and motion by Commissioner Stasny, seconded by Commissioner Beard, the Court voted unani- mously to accept the bid of L C Eldridge Sales Co , Inc in the amount of $2,285 00 On motion by Commissioner Cooley, seconded by Commissioner Stasny, the Court unanimously approved Requests For Change In Status Of Employees as follows Brenda Darlene Clark Karin Ursula Ording Johnny Miranda Jimmie Lee Neloms Eddie Pleasant, Jr Joan Shannon Beverly Contreras Iris Victoria Garza Mary Lynn Garrett Adult Probation Department County Auditor's office Janitorial Precinct 4 Precinct 4 Sheriff's Department Tax office Tax office Tax office The Court proceeded to consider the following Claims submitted by the County Auditor for payment General Fund Claims 269 through 541 Crime Control Claims 3 through 4 Revenue Sharing Claims 1 through 4 Law Library Claims 9 through 2 Multi-Use Facility Claims 9 through 11 TYC Claims 1 through 2 Precinct 1 Claims 26 through 48 Precinct 2 Claims 29 through 43 Precinct 3 Claims 19 through 32 Precinct 4 Claims 7 through 16 County Shop Claims 23 through 35 Capital Improvements Proposition II Claims 17 On motion by Commissioner Wilcox, seconded by Commissioner Beard, the Court unanimously approved payment of the Claims as submitted. t ti ! t } I~ L-2 r - Y a+ -,'.1_.....,.~.~...~~ ~ „t-...._ .v ~ r - ~ y ~ per..... i o f .j v L% rs, w s P s ~a.. t K L J ~ w a =7OMMISSIONERS' COURT MEETING - FEBRUARY 9, 1981 CONTINUED 01 f J On motion by Commissioner Wilcox, seconded by Commissioner Beard, Certificates of Cancellation No. 10696 and 10697 and Certificate of Correction No. 1336 as presented by the Tax office were unanimously approved as submitted. The Court next received an Order from District Judge Smith and District Judge McDonald regarding appointments to the County Auditor's office On motion by Commissioner Beard, seconded by Commissioner Stasny, the Court unanimously voted to table the matter until such time as it was placed on the agenda There being no further business to come before the Court, the County Judge announced the meeting adjourned ,QE rl~5L RAJ t ~ J ` I l it 1~- ,f e..r~s C~ jl`Ci T~1'GI~ YwR"' 'SAu,L+. ~ ~ ~i r tx VGLS PAGE75A 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, CONFIRM- ING PENALTIES FOR VIOLATIONS, PROVID- ING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Commissioners' Court of Brazos County, Texas, finds that the unrestricted location of certain sexually oriented commercial enterprises in Brazos County, Texas, may be detri- mental 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 provisions of Article 2372v and 2372w, Revised Civil Statutes of Texas, authorize the counties of the State of Texas to restrict the location of certain sexually oriented commercial activities, to require a permit for and regulate the operation of the practice of massage and massage establishments, and providing penalties thereunder, now, therefore, IT IS ORDERED BY THE COMMISSIONERS' COURT OF BRAZOS COUNTY, TEXAS 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 o Brazos County, Texas Count - 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 oT a patron for medical, hygienic, exercise or relax- ation purposes or any other purpose, by rubbing, stroking, kneading, tapping, pounding, vibrating or stimulating with the hands, feet or any instrument -1- r 7 1 I , ati ~ a~ e 1 Y + ~ Y a P r J ~s^ ff? q i i Massage Establishment or Business - a place or establish- ment which is operate or t e purpose of giving massage services at such establishment or on a home call basis Massager - any person who for compensation engages in the practice of massage as herein defined Patron - any person over 18 years of age who receives a massage under such circumstances that it is reasonably expected that he or she will pay money or give any other consideration therefor Section II Restrictions on Location, Permit Required (a) After the effective date of this order, no per- son, 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 stablish- ment or operation of an enterprise of the type described in Section II(a) above for any location outside the cor- porate limits of a city in Brazos County, Texas, other than locations upon real propert described as Lots One (1), Two (2), Three (3), Four (4}y 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 made for further description 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 mayor 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 distri- bution, and ceases on the death of the holder No such permit may be assigned to any other person, firm, corpor- ation, 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 Commis- sioners' 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 -2- VC)L g) PAGE-= r ~,y V®A1GF ~ r (d) Each applicant for such a permit shall designate an agent for service of process issuing out of the courts of 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 order, and the County Clerk 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, firm, corporation or other legal entity to operate in the county a massage or other sexually oriented commerical enterprise without a valid permit issued in accordance with the provisions of this Order A separate permit shall be required for each and every separate office, location, or place of business conducted by such person, firm, corporation or other legal entity (b) Massager's Permit Required It shall be unlaw- ful for any person to practice massage in a massage business establishment without a valid permit issued in accordance with the provisions of this Order Each massager's permit issued shall be valid only at the location specified for the operation of the operator's permit under which it was issued to (c) The provisions of this section shall not apply (1) Hospitals, nursing homes, sanitariums, or persons working in any such establishment (2) Persons holding an unrevoked certificate to practice the healing arts under the laws of the state, or persons working under the direction of any such person (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 depart- ment (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 -3- + o- , o d r • z i / t V ~ ~ Y t (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 subject matter of the application and permit No applica- tion 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 includ- ing color of hair and eyes, height and weight rl" l ! + (2) If the applicant is other than an indi- vidual, the information set forth in the preceding paragraph for each owner, partner, officer, director, stockholder and any other person claiming a finan- cial interest in the applicant or the business 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) A statement that such location has not been the location of a massage business operated under a permit which has been revoked or cancelled during the six month period preceding such applica- tion (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 elec- trical equipment the applicant will use in admini- stering 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 involv- ing moral turpitude within five (5) years of date of application, the jurisdiction in which such con- victions 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, stock- holder and other person owning or claiming may 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 forth in the application (10) A photograph, not smaller than 2" x 3", of the applicant and each person named in (2) above (11) Certification by the Sheriff's department -4- VOL-O .PAGEI&I. q hlr i 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 administer oaths, as evidenced by the appli- cation, 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 cir- culation in Brazos County, setting forth the name of the applicant, all persons financially interested in the bus- iness, 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 applica- tion which does not contain the requisites set forth in paragraph (b) of this Section V. If a form has been pro- mulgated by the County Clerk, he may refuse to file any application not in proper form (f) Within thirty (30) days after the date of pub- lication of the notice required by paragraph (d) of this 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 investi- gation 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 per- mitted area of Brazos County, Texas, and outside the cor- porate limits of a city, or if the operation of such business would be detrimental to the public health, safety, and welfare or promote the growth of criminal activity, it shall enter an order denying such application -5- L:n+r. a R4 h ` ~ ~ r 1 ~y 4 _ - 7 -~-~.-.....-..-r-..r-.~.^.-+~--~~...•.,w...-*--+~-+-,.-rw~;..~~r °.6~y a::w~'pli+.••v+-.~""'""F'F+'~5.. °k-.}....o~ .~,~•„-r. r ~ ! (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 descrip- tion 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) Only one sign advertising the name and/or nature of the business shall be placed on the premises It shall be affixed to the building in which such business is operated and shall be no larger than fifteen (15) square feet in area (d) 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 (e) Every person who operates a massage business or practices or provides a massage shall at all times keep an accurate appointment book(s) in which the name, age and current address of each and every patron shall be entered, together with the time, date and place of service, and the nature of the service provided Every patron shall furnish proof of identity by showing a valid driver's license, voter registration certificate or similar iden- tification, upon the request of one who operates a massage business or practices or provides a massage when such request is for the purpose of maintaining the accuracy of that person's appointment book Such appointment book shall be available at all times for inspection by the Sheriff, his authorized representatives, or any other peace officer The appointment book shall be kept through- out the permit year and shall be turned in to the County Clerk upon application for renewal of a permit under the provisions of this Order Such appointment book shall be returned to the massage business operator upon the issuance or denial of a new permit (f) All premises used by any permittee hereunder shall be periodically inspected by the Sheriff or his authorized representative for safety of structure and adequacy of plumbing, ventilation, heating and illumina- tion Floors shall be kept free from any accumulation of dust, dirt, or refuse Well marked toilet and hand wash- ing facilities for permittees, employees, and patrons shall be provided All walls, ceilings, windows and doors shall be free of dust, dirt, refuse or mold In high humidity areas, including toilet rooms, shower rooms, locker rooms and other such rooms, the walls, ceiling and floors shall be constructed and covered with a material that is smooth, nonabsorbent, and easily cleaned -6- Y (c) Towels, cloths, and sheets shall not be used for more than one patron Heavy, white paper may be substi- tuted for sheets provided that such paper is changed for every person Soiled linens and towels shall be stored in a clearly marked covered receptacle and shall not be reused prior to laundering Any individual performing any duties at a massage business that may bring them into contact with patrons of the business or with the towels, cloths, sheets, or paper shall have a current valid health card issued by the Brazos County Health Unit on his/her person at all times during business hours No animals shall be permitted within a massage business at anytime lh) All equipment used for the treatment of patrons shall be kept in a clean and sanitary condition, and said equipment shall be kept in a good and safe state of repair at all times (1) Male massagers shall wear slacks and a shirt, female massagers shall wear a dress or slacks and a blouse Such clothing shall be worn at all times in the presence of the patron No person shall receive a massage unless such person is covered by opaque material such as a towel or shorts covering the hips, genitals and anal areas No massager shall touch the genitals or anal area of any patron. (j) No massage shall be administered by or to any person who is a minor as defined by the laws of the State of Texas (k) No massager shall administer a massage to a person of the opposite sex (1) No massage establishment shall be open for bus- iness of providing massages or any other purpose between the hours of 10 00 P M and 8 00 A M (m) Each permit holder shall make and maintain, sub- ject to inspection by the Sheriff or his designated repre- sentative, records of the business activity conducted at the location designated in the permit Such records shall include the daily hours of operation for each day the bus- iness was open, the name and address of each employee who was present on such day, 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 therefor Each and every entry in such records shall be accurate, and such records shall be full and complete records of such activity (n) No permittee shall engage in, permit or encour- age any criminal activity upon the licensed premises nor engage in, permit or encourage any conduct by any person on the licensed premises which is lewd, immoral, or offen- sive to public decency 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 applicant Such an appli- cation 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 permitted loca- tion of the massage business in which the applicant will work -7- T ° r -.~+~w~~~~_ ~ - :LLti+..~•d K.i.w f~+' !.4 ~ Yi~.~ L+~ ti r ~ ~K `wl~ 7y ~•Y~7l.+Vfa !l "nit 1 .T "fY 41• i~Y f ✓ 7 Vot..2YAUE ' tl df 04 ~ f 7P 7 r~ (c) Written proof of age (d) Height, weight, sex, and color of hair and Y 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 misde- NImeanor convictions for offenses involving moral turpitude within five (5) years of date of application, the juris- diction in which such convictions occurred, the offenses charged, and the date of such convictions (g) A photograph of the applicant, not smaller than 2!1 x 3" (h) The date of issuance of applicant's valid health card, as issued by the Brazos County Health Department (i) Certification by the Sheriff's department that a complete set of fingerprints have been taken by the Sheriff or his designate (j) Authorizat;.on for the county, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the applica- tion (k) Written declaration by the applicant, under pen- alty 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 (a) The correct permit fee has not been tendered 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, suspended by any governmental entity within five (5) years prior to the date of application, or, (c) The applicant has had a massage business opera- tor's permit or a massager's permit denied, revoked 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, mis- leading or fraudulent statement of fact in the license application or in any document required by the county in conjunction therewith Each massager's permit shall expire one year from date of issue or earlier upon termination, expiration or -8- r F, } J i Vol. 0 PAGE 76-la r cancellation of the massage operator's permit under which such massager's permit is being issued. Section XI Cancellation of Permit, Appeal (a) The Commissioners' Court may cancel any permit issued pursuant to this order, after notice to the appli- cant and hearing, upon a finding that i (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 ~I 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 per- son other than the applicant set forth in the appli- cation, (5) Any provision of Section VIII of this Order is being violated or has been violated by the operator of the massage business or by any massager within the employ of the operator under circumstances such that the operator know or should have, by the use of reasonable diligence, known of such violation by the massager, (6) The permit holder has failed to make, keep or maintain the records prescribed in Section VIII, has made a false entry in such records, or has refused to display such records to the Sheriff or his desig- nated representative upon request therefor, (7) The permit holder has refused to grant any peace officer reasonable access to the premises for the purposes set forth herein, (8) The permit holder has been convicted of an offense prohibited by Chapter 43 of the Penal Code of the State of Texas, or that an operator kept in his/ her employ a massager who was engaging in activities prohibited by Chapter 43 of the Penal Code when such operator knew or should have, by the use of reasonable diligence, known of such unlawful activity, (9) The permit holder has been convicted of any other offense reasonably indicating the permittee's unfitness to practice massage or operate a massage establishment, or that an operator kept in his/her employ a massager who was engaging in activities reasonably indicating the massager's unfitness to practice massage when such operator knew or should have, by the use of reasonable diligence, known of such unfitness (10) Any breach of the peace has occurred upon the premises, (11) The permi.ttee has conducted his business in any manner which warrants the cancellation of the permit based on the general welfare, health, peace, -9- 017 a . r y 1 ~ f t • .ter,.: ssa~tE~+~~. ti .]Q35r..y;, H' . i morals, safety, and sense of decency of the people, (12) The permittee 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, (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, or (14) That the permit is a massager's permit and that the massage operator's permit under which such massager worked has expired, terminated or been can- celled pursuant to the provisions of this Order (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 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 specfly 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 sufficient grounds exist for such hearing, upon applica- tion on any member of the Commissioners' Court, the Sheriff of Brazos County, the County Attorney of Brazos County, the District Attorney for the 85th Judicial District of Texas, or any other resident of Brazos County (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 cancellation have been presented and proved by a preponderance of the evidence (f) At its discretion, the Commissioners' Court may appoint a resident attorney at law of Brazos County, Texas, to adduce the evidence in support of and opposing cancel- 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 (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 of law 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 -10- VOL o PAGE%_ I t i yea V /Y d V®IL, 0 PAGE 266. remain true and correct A ermit may be renewed for successive periods of one (1~ year each upon the filing of such certificate, not 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 Attorney for the 85th Judicial District of Texas shall be entitled to notice of the filing of such cer- tificate (b) If the Commissioners' Court so determines, it may require the permit holder to file an original appli- cation and proceed in the manner directed by this order If any renewal permit request is denied, the permit holder shall have the right to file an original application, but shall have no right of appeal from denial of a renewal request (c) A fee of $75 00 shall be paid to the County Clerk 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 permit, which the Commissioners' Court hereby determines to be the actual cost of processing the renewal application Section XIII Public Nuisance (a) The operation of a massage establishment or any other sexually oriented commercial enterprise without a current, non-revoked permit is hereby declared to be a public nuisance Section XIV 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 provision of law Section XV 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 appli- cation to be filed not later than March 10, 1980 Section XVI 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 Y Y i -11- I Y ~ 11 -W .1 t 1 ^ t ~ Section XVII Severability (a) If any provision of this order, or its applica- tion to any person of circumstances is held invalid for any reason, the invalidity does not affect any other pro- vision or application of this order which can be given effect without the invalid provision or application, and to this end the provision of this order are declared to be severable Section XVIII Effective Date (a) This order shall take effect and be in full force from and after the date of adoption by the Commis- sioners' Court of Brazos County, Texas Section XIX (a) This order supercedes the prior order of the Commissioners' Court adopted on the 22nd day of February 1980, and its provisions shall be applicable to every application for permit heard by the Commissioners' Court after its effective date, but shall not affect the rights of holders of permits issued under any prior Order, pro- vided, however, that any permit renewed after the date of this Order shall be issued pursuant to and governed by the provisions of this Order -12- VOL O PAGE-76 9 'r ^ { Jv _ y y~ i•1.7c L4"SCG.~~ ( _ w1•' ~1.. Y 1 _ :1 I®LQ- PA e-% The foregoing minutes have been examined and approved in open Court this the &v' day of acca ,1) 1981 , in Bryan, Brazos County, Texas /4~111 9 /jj. A o mgree County Judge Walter i cox Commissioner, Precinct 2 -k-Z- 21-al -C: t asny Commissioner, Preci ct 4 Commi County Clerk IL (I i7 , I i t ' 41 , T ~ It ~ , ~ l ~ ~-r ~ 1 T a ^3 1 4)' •