(a)
It
shall be unlawful for any person to operate a sexually oriented business
without a valid license issued by the city for the particular type
of business, or to employ a person who is not licensed as a sexually
oriented business employee as provided by this section or who is not
authorized to work or perform services pursuant to this section.
(b)
Except
as provided in this section, it shall be unlawful for any person to
be an employee of a sexually oriented business without a valid license.
(c)
An
applicant, upon receipt by the city administrator of his or her application
for a sexually oriented business employee license, may work or perform
services without an employee license until such time as the license
is granted or the decision to deny the license becomes final pursuant
[to this article.] Upon receipt of the applicant's completed application
for a employee license, the city administrator shall issue the applicant
a temporary work permit. The applicant shall keep the temporary work
permit on his or her person or on the premises where the applicant
is then working or performing services, and produce such permit for
inspection upon request by a law enforcement officer or other authorized
city official.
(d)
An
applicant for a sexually oriented business license or a sexually oriented
business employee license shall file in person at the office of the
city administrator an application made on a form prescribed and provided
by the city administrator. The applicant shall be qualified according
to the provisions of this article. The application shall be signed
under oath by the applicant and notarized. The application shall include
but not be limited to the information called for in subsections (1)
through (9).
(1)
The full true name and any other names used in the preceding five
(5) years.
(2)
Current residential mailing address and telephone.
(3)
If the application is for a sexually oriented business license, the
name, business location, business mailing address and phone number
of the proposed sexually oriented business.
(4)
Written proof of age, in the form of a birth certificate, current
driver's license with picture, or other picture identification document
issued by a governmental agency.
(5)
A photograph of the applicant and two (2) sets of the applicant's
complete fingerprints. The photograph and fingerprints, if not taken
at the office of the city administrator or at any other city location,
shall be taken within the preceding one (1) month by a law enforcement
agency and accompanied by a notarized verification by that agency.
(6)
The issuing jurisdiction and the effective dates of any license or
permit relating to a sexually oriented business for which the applicant
has applied within the past two (2) years, whether any such license
or permit has been denied, revoked or suspended [and the reason for
such denial, revocation or suspension.]
(7)
All criminal charges, complaints, information, or indictments in the preceding five (5) years which resulted in a conviction or a plea of guilty or no contest for any offense described in section 4.06.032(a)(7) of this article and committed in this state, or any offense committed outside this state which if committed in this state would constitute an offense described in section 4.06.032(a)(7).
(8)
If the application is for a sexually oriented business license, the
name and address of the statutory agent or other agent authorized
to receive service of process.
(9)
An applicant for a license to operate a sexually oriented business
or sexually oriented business employee license as required by this
article shall submit with the application a certification that the
proposed business will be located a minimum of 1,500 feet from a church,
public or private school, child care facility, hospital, clinic, or
any area designated by the city zoning ordinance as R-1, R-2, R-3
or C-1, public building, public park, any dwelling, or within 1,000
feet from another sexually oriented business, and that a special use
permit has been obtained by the applicant.
(10)
An applicant for a license to operate a sexually oriented business
or sexually oriented business employee license as required by this
article, and there is pending before the city planning and zoning
commission (CPZ) an application for a special use permit, shall submit
with the application notice of the pending application. No license
shall be issued until such time as the special use permit has been
issued. In the event a special use permit is issued by the CPZ and
subsequently revoked, the license hereunder shall be suspended.
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The information provided pursuant to subsections (1) through (9) of this section shall be supplemented in writing by certified mail, return receipt requested, to the city administrator within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete.
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(e)
The
application for a sexually oriented business license shall be accompanied
by a sketch or diagram showing the configuration of the premises,
including a statement of total floor space occupied by the business.
The sketch or diagram need not be professionally prepared, but shall
be drawn to a designated scale or drawn with marked dimensions of
the interior of the premises to an accuracy of plus or minus six inches.
(f)
If a person who wishes to operate a sexually oriented business is an individual, he shall sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each officer, director, general partner or other person who will participate directly in decisions relating to management of the business shall sign the application for a license as applicant. Each applicant must be qualified under section 4.06.032 and each applicant shall be considered a licensee if a license is granted.
(g)
The
information provided by an applicant in connection with the application
for a license under this article shall be maintained by the city administrator
on a confidential basis, except that such information may be disclosed
to other governmental agencies in connection with a law enforcement
or public safety function.
(1999 Code, sec. 4.803)
(a)
The
city administrator shall approve or deny the issuance of a license
to an applicant for a sexually oriented business license or a sexually
oriented business employee license within thirty (30) days after receipt
of an application. The city administrator shall approve the issuance
of a license unless one or more of the following is found to be true:
(1)
An applicant is under twenty-one (21) years of age.
(2)
An applicant or an applicant's spouse is delinquent in the payment
to the city of taxes, fees, fines, or penalties assessed against or
imposed upon the applicant or the applicant's spouse in relation to
a sexually oriented business or arising out of any other business
activity owned or operated by the applicant or the applicant's spouse
and licensed by the city.
(3)
An applicant has failed to provide information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application form.
(4)
An applicant or an applicant's spouse has been convicted of a violation
of a provision of this article, other than the offense of operating
a sexually oriented business without a license, within two (2) years
immediately preceding the application. The fact that a conviction
is being appealed shall have no effect.
(5)
The license application fee required by this article has not been
paid.
(6)
An applicant or the proposed establishment is in violation of or
is not in compliance with this article or applicable provisions of
the city zoning ordinance.
(7)
(A)
An applicant or an applicant's spouse has been convicted or has entered
a plea of guilty in this state or any other state of any of the offenses
described in chapter 19, Texas Penal Code, chapter 21, Texas Penal
Code, chapter 22, Texas Penal Code, chapter 25, Texas Penal Code,
or chapter 43, Texas Penal Code, for which:
(i)
Less than two (2) years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a misdemeanor
offense;
(ii)
Less than five (5) years have elapsed since the date of conviction
or the date of release from confinement for the conviction, whichever
is the later date, if the conviction is of a felony offense; or
(iii)
Less than five (5) years have elapsed since the date of the
last conviction or the date of release from confinement for the last
conviction, whichever is the later date, if the convictions are of
two (2) or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any twenty-four (24) month period.
(B)
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant or the applicant's spouse.
(b)
The
license, if granted, shall state on its of [face] the person or persons
to whom it is granted, the number of the license issued to that applicant,
the expiration date, and, if the license is for a sexually oriented
business, the address of the sexually oriented business. A sexually
oriented business employee license shall contain a photograph of the
licensee. The sexually oriented business license shall be posted in
a conspicuous place at or near the entrance to the sexually oriented
business so that it may be easily read at any time. A sexually oriented
business employee shall keep the employee's license on his or her
person or on the premises where the licensee is then working or performing,
and shall produce such license for inspection upon request by a law
enforcement officer or other authorized city official.
(1999 Code, sec. 4.804)
The annual nonrefundable application fee for a sexually oriented business license is as provided for in the fee schedule found in appendix A of this code. The annual application fee for a sexually oriented business employee license is as provided for in the fee schedule found in appendix A of this code.
(1999 Code, sec. 4.805)
(a)
An
applicant, operator or licensee shall permit law enforcement officers
and any other federal, state, county or city agency in the performance
of any function connected with the enforcement of this article normally
and regularly conducted by such agency to inspect the premises of
a sexually oriented business for the purpose of ensuring compliance
with this article, at any time it is occupied or open for business.
(b)
It
shall be unlawful for a licensee, operator or employee of a sexually
oriented business to refuse to permit a law enforcement officer to
inspect the premises at any time the premises are occupied or open
for business.
(1999 Code, sec. 4.806)
Each license shall expire on June 30 and may be renewed only by making application as provided in section 4.06.031. Application for renewal should be made at least thirty (30) days before the expiration date, and when made less than 30 days before the expiration date the expiration of the license will not be affected.
(1999 Code, sec. 4.807)
The city administrator shall suspend a sexually oriented business
license for a period not to exceed thirty (30) days if he determines
that the licensee or an employee of the licensee has:
(1)
Violated
or is not in compliance with any provision of this article or applicable
provisions of the city zoning ordinance;
(2)
Has
been on the sexually oriented business premises while in an intoxicated
or disorderly condition;
(3)
Refused
to allow an inspection of the sexually oriented business premises;
or
(4)
Knowingly
permitted gambling by any person on the sexually oriented business
premises.
(1999 Code, sec. 4.808)
(a)
The city administrator shall revoke a sexually oriented business license if a cause of suspension in section 4.06.036 occurs and the license has been suspended within the preceding twelve (12) months.
(b)
The
city administrator shall revoke a sexually oriented business license
if he determines that:
(1)
A licensee gave false or misleading information in the application;
(2)
A licensee or an employee has knowingly allowed possession, use,
or sale of controlled substances on the premises;
(3)
A licensee or an employee has knowingly allowed prostitution on the
premises;
(4)
A licensee or an employee knowingly operated the sexually oriented
business during a period of time when the licensee's license was suspended;
(5)
A licensee has been convicted of an offense listed in section 4.06.032(a)(7)(A) for which the time period required in section 4.06.032(a)(7)(A) has not elapsed;
(6)
On two (2) or more occasions within a twelve (12) month period, a person or persons while in or on the licensed premises committed an offense listed in section 4.06.032(a)(7)(A), for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed;
(7)
A licensee or an employee has knowingly allowed any specified sexual
conduct to occur in or on the licensed premises; or
(8)
A licensee is delinquent in payment to the city of taxes or fees
related to the sexually oriented business or arising out of any other
business activity owned or operated by the licensee and licensed by
the city.
(c)
The
fact that a conviction is being appealed shall have no effect on the
revocation of the license.
(d)
When the city administrator revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a sexually oriented business license for one (1) year from the date revocation becomes effective. If, subsequent to revocation, the city administrator finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective. If the license was revoked under subsection (b)(5) of this section, an applicant may not be granted another license until the appropriate number of years required under section 4.06.032(a)(7)(A) has elapsed.
(1999 Code, sec. 4.809)
(a)
If
the city administrator determines that grounds exist for denial, suspension,
or revocation of a license under this article, he shall notify the
applicant or licensee (respondent) in writing of his intent to deny,
suspend, or revoke, including a summary of the grounds therefor. The
notification shall be by certified mail to the address on file with
the city administrator. Within ten (10) working days of receipt of
such notice, the respondent may provide to the city administrator
in writing a response which shall include a statement of reasons why
the license or permit should not be denied, suspended, or revoked
and may include a request for a hearing. If a response is not received
by the city administrator in the time stated, the denial, suspension
or revocation shall be final and notice of such will be sent to the
applicant or licensee. Within five (5) working days after receipt
of a response, the city administrator shall either withdraw the intent
to deny, suspend, or revoke, and so notify the respondent in writing
by certified mail, or shall schedule a hearing before the license
appeal board and shall notify the respondent in writing by certified
mail or shall schedule a hearing before the license appeal board and
shall notify the respondent in writing by certified mail [sic] of
the date, time and place of the hearing. The hearing shall be scheduled
not less than fifteen (15) nor more than twenty (20) working days
after receipt by the city administrator of the request for a hearing.
The hearing shall be conducted in a informal manner. The respondent
may be represented by counsel. The rules of evidence shall not apply.
The license appeal board shall render a written decision within five
(5) working days after completion of the hearing and shall mail a
copy of the decision by certified mail to the address of the respondent
on file with the city administrator. In no event shall more than forty-five
(45) days elapse between receipt by the city administrator of a request
for a hearing and mailing by the license appeal board of a final decision
to the respondent. An applicant or licensee may continue to work or
perform services under his or her temporary work permit or license
pending receipt of the final decision of the license appeal board.
The decision shall be final at the end of five (5) working days after
it is mailed and shall constitute final administrative action.
(b)
When
the decision to deny, suspend or revoke a license becomes final, the
applicant or licensee whose application for a license has been denied
or whose license has been suspended or revoked shall have the right
to seek judicial review of the decision by way of special action or
other available procedure in the district court in which the sexually
oriented business is located.
(1999 Code, sec. 4.810)
