Sec. 28-254. - Issuance of permits.
(a) Any person who desires to obtain an original or renewal permit shall make application to the director in person at the offices of the director between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday, city observed holidays excepted. The application shall be made under oath upon a form prescribed by the director 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 applicable offense that is specified in section 1-10 of this Code; and
(4) Two passport-type photographs of the applicant of a size specified by the director, which shall become part of the photographic identity cards if a permit is issued.
(b) Each application shall be accompanied by the nonrefundable processing fee stated for this provision in the city fee schedule. 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 director to request on behalf of the applicant criminal history reports from the Texas Department of Public Safety and any appropriate federal agency.
(c) The director shall issue the permit within ten days from the date of filing of the application unless he finds that the applicant has been convicted of or spent time in jail or prison for an offense specified in the applicable provisions of section 1-10 of this Code within the time specified therein. 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 as provided by section 1-9(a) of this Code, within ten days from the date of filing of the application.
(d) Each permit issued by the director 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 director. The hearing shall be conducted as provided in section 1-9(c) of the Code. 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 as provided in section 1-9 of the Code and applicable laws, including Title 2 of the Texas Occupations Code.
(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 director or the hearing officer.
(g) If any personal card or on-site card is lost or stolen, the holder thereof shall immediately notify the director and request a replacement, which shall be issued for the fee stated for this provision in the city fee schedule 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 he 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. 97-75, § 4, 1-15-97; Ord. No. 02-528, §§ 12b., c., 6-19-02; Ord No. 2010-721, §§ 14—16, 9-15-2010, eff. 10-4-2010; Ord. No. 2010-1016, § 2, 12-15-2010; Ord. No. 2011-1168, § 13, 12-14-2011)
