| (a) A separate application for a health spa operator's certificate of registration must be submitted for each location where the applicant operates a health spa. (b) In addition to the information required by §702.102 of the Health Spa Act (Act), an applicant for a health spa operator's certificate of registration must include the following information on any application for registration or renewal of application for registration: (1) the health spa's name; (2) a detailed disclosure of the proposed facilities and services, including the hours of operation and the availability and access to instructors, trainers and classes; (3) the approximate square footage of the health spa; (4) a complete disclosure of any litigation, or any complaint filed with a governmental authority filed within two years preceding the application or currently pending relating to the failure to open or the closing of a health spa brought against the owners, officers, or directors of the applicant; or a statement signed and sworn to by or on behalf of the applicant stating that there has been no litigation or complaint filed with a governmental authority relating to the failure to open or the closing of a health spa brought against the owners, officers, or directors of the applicant; and (5) the federal employer identification number of the applicant. (c) For purposes of compliance with the requirement of §702.102(a)(3)(C) of the Act, that the registration specify the name and address of each person who directly or indirectly owns or controls the applicant's business: (1) if the applicant is a corporation, the name and address of each person who directly or indirectly owns or controls 10% or more of the issued and outstanding voting shares of a corporation; (2) if the applicant is a general partnership, the name and address of each partner who directly or indirectly owns or controls 10% or more of the partnership interests; (3) if the applicant is a limited partnership, the name and address of each general partner; (4) if the applicant is a limited liability company, the name and address of each member who directly or indirectly owns or controls 10% or more of the membership interests; (5) if the applicant is a sole proprietorship, the name and address of the sole proprietor; and (6) if the applicant is an entity not otherwise described in this rule, the name and address of each person who directly or indirectly owns or controls 10% or more of the ownership interests of the entity. (d) The registration must be renewed one year from the original registration date and each year thereafter on or before the anniversary of the original registration date. Renewals may be submitted 90 days prior to expiration. (e) Each application for registration or renewal shall be signed and sworn to before a notary public or other person authorized to administer oaths by or on behalf of the applicant. (f) The secretary of state provides a form for the application for registration or renewal as a health spa. The form can be obtained from the Statutory Documents Section of the Office of the Secretary of State, P.O. Box 13550, Austin, Texas 78711-3550. The form is also available on the secretary of state web site at http://www.sos.state.tx.us/statdoc/statforms.shtml#HSF. See form 3001. |
