§ 28-613 — Application for permit

Sec. 28-613. - Application for permit.

(a) Application form. An operator of a lodging facility shall apply to the director for a permit annually on forms provided by the director and shall include the following information: (1) a. The name, street address (and mailing address if different), email address, and Texas driver's license number of the intended operator; and b. The name, street address (and mailing address if different), and email address of the owner; (2) The name under which the lodging facility is to be operated; (3) The lodging facility telephone number; (4) If the lodging facility is to be operated under an assumed name, 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 71); (5) If the lodging facility is a Texas corporation, a certified copy of the articles of incorporation, together with all amendments thereto; (6) If the lodging facility is a foreign corporation, a certified copy of the certificate of authority to transact business in this state, together with all amendments thereto; (7) If the lodging facility is a limited partnership formed under the laws of Texas, a certified copy of the certificate of limited partnership, together with all amendments thereto, filed in the office of the Secretary of State under Texas Business Organizations Code chapter 153 or its successor statute; (8) If the lodging facility is a foreign limited partnership, 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 Texas Business Organizations Code chapter 153 or its successor statute; (9) The address and legal description of the real property on which the lodging facility is to be situated; (10) Proof of ownership of the real property upon which the lodging facility will be operated in the form of a certified copy of the recorded deed; (11) If the person identified as the owner of the real property in item (8) is not the owner or operator of the lodging facility, then the lease, purchase contract, purchase option contract, lease option contract or other document evidencing the legally enforceable right of the owner or operator of the lodging facility to use and possess the real property; (12) A general description of the services provided; (13) All security and resident monitoring plans and any additional security and monitoring measures which are to be implemented; (14) The date on which the applicant began or expects to begin operations as a lodging facility at the location; (15) Any other information that may be reasonably requested by the director; and (16) The following statements conforming to minimum state law requirements for unsworn declarations: a. A statement by the owner of the real property upon which the lodging facility is situated attesting to the knowledge of that owner that the property will be used for the operation of a lodging facility; b. A statement by the owner and operator of the lodging facility attesting that the applicant's operation will not violate deed restrictions; and c. A statement by the owner and operator of the lodging facility attesting that only framed beds at least six feet long and three feet wide equipped with supportive springs and clean supportive mattresses will be used by the lodging facility. Any of items (2) through (8) above shall not be required for a renewal application if the applicant states that the documents previously furnished to the director with the original application or previous renewals thereof remain correct and current. (b) Request for inspection. At the time of submission of the application, the owner or operator of a lodging facility shall submit a request to the building official for the lodging facility inspection described in section 28-616 of this Code.

(Ord. No. 2018-226, § 2(Exh. A), 3-22-2018)