5.204 Employee Background Checks

  1. Prior to employment of any person by the sexually oriented business, the owner or operator of the sexually oriented business shall conduct a criminal background check on all prospective employees to ensure that no person employed has any convictions or any time of service in jail or prison for any of the following offenses:

    a. Chapter 22, Texas Penal Code: Sexual assault or aggravated sexual assault;

    b. Chapter 25, Texas Penal Code: Incest, solicitation of a child or harboring a runaway child;

    c. Chapter 43, Texas Penal Code: Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, display or distribution, sale, distribution or display of harmful material to a minor, sexual performance by a child, employment harmful to minors, possession or promotion of child pornography;

    d. Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses; or.

    e. Public lewdness, indecent exposure, public intoxication, drink solicitation, or possession of a controlled substance.

  2. The operator shall maintain a current registration card or file on the premises clearly identifying all managers, employees and/or entertainment personnel currently on the premises or employed by the business.  The information contained on the registration card shall include at least:

    a. Full legal name;

    b. All aliases or "stage names";

    c. Date of birth;

    d. Race;

    e. Color of hair and eyes;

    f. Current residence address and phone number;

    g. Texas driver's license number (or Texas identification number);

    h. Social Security number;

    i. Color photograph of full-face view; and

    j. Date of criminal background check.

  3. Records

    a. Within five (5) days of employment of an employee, each manager shall send a copy of the criminal background check (with redacted social security number) and registration card to the Fort Worth Police Department.

    b. Each manager shall maintain on the premises and make available for inspection upon request by City enforcement personnel the criminal background information and current registration card for all current employees.

    c. A manager commits an offense if he or she fails to make the criminal background information or current registration card available for immediate inspection upon request by City enforcement personnel.

  4. For the purposes of subsection (B), an employee or entertainment personnel commits an offense by:

    a. Providing false or deceptive information tot he operator; or

    b. By failing to timely update and provide to the operator within fourteen (14) days any changes in the required information.