(a) 
Purpose.
It is the purpose of this article to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the continued concentration of sexually oriented businesses within the city. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
(b) 
Intent.
It is the intent of the city council that the locational regulations of section 6.06.007 are promulgated pursuant to V.T.C.A., Local Government Code ch. 243, as they apply to nude model studios and sexual encounter centers only. It is the intent of the city council that all other provisions of this article are promulgated pursuant to the city charter and Vernon's Ann. Civ. St. art. 1175, and V.T.C.A., Local Government Code section 215.074.
(1999 Code, sec. 22-96)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Adult arcade.
Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
Adult bookstore or adult video store.
A commercial establishment which as one of its principal business purposes openly advertises or displays or offers for sale or rental for any form of consideration any one or more of the following:
(1) 
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides or other visual representations, which depict or describe specified sexual activities or specified anatomical areas; or
(2) 
Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
Adult cabaret.
A nightclub, bar, restaurant or similar commercial establishment which regularly features:
(1) 
Persons who appear in a state of nudity or semi-nudity;
(2) 
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(3) 
Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Adult motion picture theater.
A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Adult theater.
A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
Applicant.
A person who must apply for a license pursuant to this article.
Assessor and collector of taxes.
The person or entity that assesses and collects taxes for the city.
Chief of police.
The chief of police of the city or his designated agent.
Child care facility.
A building used as a day nursery, children's boarding home, child placing agency or other place for the care or custody of children under 15 years of age.
Church or place of religious worship.
A building in which persons regularly assemble for worship, intended primarily for purposes connected with faith, or for propagating a particular form of belief.
Display.
To locate an item in such a manner that, without obtaining assistance from an agent or employee of the business establishment:
(1) 
It is available to the general public for handling and inspection; or
(2) 
The cover, outside packaging or contents of the item are visible to members of the general public.
Escort.
A person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or privately perform a striptease for another person.
Escort agency.
A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.
Establishment.
Any of the following:
(1) 
The opening or commencement of any sexually oriented business as a new business;
(2) 
The conversion of an existing business, whether or not a sexually oriented business, to a sexually oriented business;
(3) 
The addition of any sexually oriented business to any other existing sexually oriented business; or
(4) 
The relocation of any sexually oriented business.
Licensee.
A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license, or a person licensed under this article.
Nude model studio.
Any place where a person who appears in a state of nudity or semi-nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any other form of consideration.
Nudity or a state of nudity.
(1) 
The appearance of a human bare buttock, anus, male genitals, female genitals, pubic region or female breasts; or
(2) 
A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, pubic region or areola of the female breast.
Principal business.
An establishment having a 20 percent or greater interest of its stock and trade in books, magazines and other periodicals of which such books, magazines and other periodicals are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or a 20 percent or greater interest in other sexually related activities as defined by this article.
Public park.
A tract of land maintained by or at the direction of the federal, state or a local government for the recreation and enjoyment of the general public.
Residential use.
A single-family, duplex, multiple-family or mobile home park, mobile home subdivision and campground used as a residence.
School.
Any public or private nursery, preschool, day care center, learning center, or elementary or secondary school.
Semi-nude.
A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
Sexual encounter center.
A business or commercial enterprise that regularly offers for any form of consideration:
(1) 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) 
Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
Sexually oriented business.
An adult movie arcade or an adult video arcade, adult bookstore or adult video store, adult cabaret, adult movie theater, adult theater, escort agency, nude model studio, sexual encounter center or other commercial enterprise, the primary business of which is the offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.
Specified anatomical areas.
Human genitals in a state of sexual arousal.
Specified sexual activities.
Any of the following:
(1) 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) 
Masturbation, actual or simulated; or
(4) 
Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this definition.
Substantial enlargement of a sexually oriented business.
The increase in floor area occupied by the business by more than 20 percent, as the floor area exists on the effective date of Ordinance No. 87-492.
Transfer of ownership or control of a sexually oriented business.
Any of the following:
(1) 
The sale, lease or sublease of the business;
(2) 
The transfer of securities or other ownership interest which constitute a direct, indirect, legal, equitable or beneficial controlling interest in the business, whether by sale, exchange or similar means; or
(3) 
The establishment of a trust, gift or other similar legal device which transfers the direct, indirect, legal, equitable or beneficial ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control to a person meeting all of the requirements of section 6.06.042, who shall have notified the chief of police of the transfer and furnished all of the information required to be submitted in an application for a license, within 60 days of the transfer.
(1999 Code, sec. 22-97)
(a) 
Except as provided by subsection (b), any violation of section 6.06.007, upon conviction, is punishable by a fine not to exceed $2,000.00 for each offense, and a separate offense shall be deemed committed upon each day during on or which a violation occurs.
(b) 
If the sexually oriented business involved is a nude model studio or sexual encounter center, then violation of section 6.06.041(a) or 6.06.007 is punishable as a class A misdemeanor.
(c) 
Except as provided by subsection (b) of this section, violation of any provision of this article other than section 6.06.007, upon conviction, is punishable by a fine not to exceed $500.00 for each offense, and an separate offense shall be deemed committed upon each day during or on which a violation occurs.
(d) 
It is a defense to prosecution under section 6.06.041(a), 6.06.007 or 6.06.010(d) that a person appearing in a state of nudity or semi-nudity did so in a modeling class operated:
(1) 
By a proprietary school licensed by the state, or a college, junior college or university supported entirely or partly by taxation;
(2) 
By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or
(3) 
In a structure:
(A) 
Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing;
(B) 
Where in order to participate in a class a student must enroll at least three days in advance of the class; and
(C) 
Where no more than one nude or semi-nude model is on the premises at any one time.
(e) 
It is a defense to prosecution under section 6.06.041(a) or 6.06.007 that each item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political or scientific value.
(1999 Code, sec. 22-106)
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of section 6.06.007 is subject to a suit for injunction as well as prosecution for criminal violations.
(1999 Code, sec. 22-107)
Sections 6.06.007 and 6.06.008 may be amended only after compliance with the procedure required to amend a zoning ordinance. Other sections of this article may be amended by vote of the city council.
(1999 Code, sec. 22-108)
(a) 
At any time it is occupied or open for business, an applicant or licensee shall permit representatives of city departments to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law.
(b) 
A person who operates a sexually oriented business, or whose agent or employee operates the same, commits an offense if the person or whose [the person's] agent or employee refuses to permit a lawful inspection of the premises by a representative of the above-described departments at any time it is occupied or open for business.
(1999 Code, sec. 22-98)
(a) 
Minimum distance from certain uses.
A person commits an offense if he operates or causes to be operated a sexually oriented business within 1,000 feet of:
(1) 
A church or place of religious worship;
(2) 
A public or private elementary or secondary school;
(3) 
A child care facility;
(4) 
A boundary of a residential district as defined by the zoning ordinance of the city;
(5) 
A public park;
(6) 
The property line of a lot devoted to a residential use as defined in this article; or
(7) 
Another sexually oriented business which does not have a common entrance.
(b) 
Minimum distance between sexually oriented businesses.
A person commits an offense if such person causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business located within 1,000 feet of another sexually oriented business.
(c) 
More than one business in same building.
A person commits an offense if such person causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building.
(d) 
Measurement of distance from certain uses.
For the purposes of subsection (a) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or place of religious worship or public or private elementary or secondary school, or to the nearest boundary of an affected public park, residential district or residential lot.
(e) 
Measurement of distance between sexually oriented businesses.
For purposes of subsection (b) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(f) 
Lawfully operating business as conforming use.
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church or place of religious worship, public or private elementary or secondary school, public park, residential district, or residential lot within 1,000 feet of the sexually oriented business. This subsection applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked.
(g) 
Approval by chief of police.
All locational requirements of this section must be approved by the chief of police within 30 days from the time the application is filed.
(1999 Code, sec. 22-99)
(a) 
Request for exemption.
If the chief of police denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of section 6.06.007, then the applicant may, not later than ten calendar days after receiving notice of the denial, file with the city secretary a written request for an exemption from the locational restrictions of section 6.06.007.
(b) 
Hearing date.
If the written request is filed with the city secretary within the ten-day limit, then the city council shall consider the request. The city secretary shall set a date for the hearing within 60 days from the date the written request is received.
(c) 
Hearing procedures.
A hearing by the city council may proceed if a quorum is present. The city council shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.
(d) 
Required findings for granting exemption.
The city council may, in its discretion, grant an exemption from the locational restrictions of section 6.06.007 if it makes the following findings:
(1) 
The location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare.
(2) 
The granting of the exemption will not violate the spirit and intent of this article.
(3) 
The location of the proposed sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight.
(4) 
The location of an additional sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration.
(5) 
All other applicable provisions of this article will be observed.
(e) 
Majority vote required; appeals.
The city council shall grant or deny the exemption by a majority vote. Failure to reach a majority vote shall result in denial of the exemption. Disputes of fact shall be decided on the basis of a preponderance of the evidence. Decisions of the city council are appealable to a district court of this county. Appeals from the final decision of the city must be made in writing to a district court of this county within 30 days from the date of the final decision of the city council. After 30 days, all decisions of the city council become final.
(f) 
Expiration.
If the city council grants the exemption, the exemption is valid for one year from the date of the city council's action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of section 6.06.007 until the applicant applies for and receives another exemption.
(g) 
Reapplication after denial.
If the city council denies the exemption, the applicant may not reapply for an exemption until at least 12 months have elapsed since the date of the city council's action.
(h) 
Compliance with other regulations.
The grant of an exemption does not exempt the applicant from any other provisions of this article other than the locational restrictions of section 6.06.007.
(1999 Code, sec. 22-100)
(a) 
An escort agency shall not employ any person under the age of 18 years.
(b) 
A person commits an offense if such person acts as an escort or agrees to act as an escort for any person under the age of 18 years.
(1999 Code, sec. 22-101)
(a) 
A nude model studio shall not employ any person under the age of 18 years.
(b) 
A person under the age of 18 years commits an offense if such person appears in a state of nudity or semi-nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.
(c) 
A person commits an offense if such person appears in a state of nudity or semi-nudity or knowingly allows another to appear in a state of nudity or semi-nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.
(d) 
A nude model studio shall not place or permit a bed, sofa or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.
(1999 Code, sec. 22-102)
(a) 
A person commits an offense if such person knowingly allows a person under the age of 18 years to appear in a state of nudity or semi-nudity in or on the premises of an adult theater or adult motion picture theater.
(b) 
A person under the age of 18 years commits an offense if such person knowingly appears in a state of nudity or semi-nudity in or on the premises of an adult theater or adult motion picture theater.
(c) 
It is a defense to prosecution under subsections (a) and (b) of this section if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.
(1999 Code, sec. 22-103)
(a) 
Requirements.
A person who operates or causes to be operated a sexually oriented business which exhibits on the premises, in a viewing room of less than 150 square feet of floor space, a film, videocassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(1) 
Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, the location of all overhead lighting fixtures and switches, which lights are controlled by which switches, and designating any portion of the premises in which patrons will not be permitted. Only agents or employees shall have access to light switches. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The chief of police may waive the diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(2) 
The application shall be sworn to be true and correct by the applicant.
(3) 
No alteration in the configuration or location of a manager's station may be made without the prior approval of the chief of police or his designee.
(4) 
It is the duty of the owners and operator of the premises to ensure that at least one agent or employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
(5) 
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises have two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
(6) 
It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that:
(A) 
The view area specified in subsection (a)(5) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises; and
(B) 
No patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (a)(1) of this section.
(7) 
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle, as measured at the floor level.
(8) 
It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the illumination described in subsection (a)(7) of this section is maintained at all times that any patron is present in the premises.
(b) 
Violations.
A person having a duty under subsections (a)(1) through (a)(8) of this section commits an offense if such person knowingly fails to fulfill that duty.
(c) 
Approval by chief of police.
All locational requirements of this section must be approved by the chief of police within 30 days from the time the application is filed.
(1999 Code, sec. 22-104)
A person commits an offense if, in a business establishment open to persons under the age of 17 years, he displays a book, pamphlet, newspaper, magazine, film or videocassette, the cover of which depicts, in a manner calculated to arouse sexual lust or passion for commercial gain or to exploit sexual lust or perversion for commercial gain, any of the following:
(1) 
Human sexual intercourse, masturbation or sodomy;
(2) 
Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts;
(3) 
Less than completely and opaquely covered human genitals, buttocks, or that portion of the female breast below the top of the areola; or
(4) 
Human male genitals in a discernibly turgid state, whether covered or uncovered.
(1999 Code, sec. 22-105)
(a) 
A person commits an offense if the person operates a sexually oriented business without a valid license, issued by the city for the particular type of business.
(b) 
The following are required to be licensed:
(1) 
All owners, clerks and employees of a sexually oriented business are required to be licensed to operate or work in such business.
(2) 
All corporations, stockholders or directors of any sexually oriented business and their employees.
(3) 
All partners and limited partners in any sexually oriented business and their employees.
(4) 
All equity holders of any sexually oriented business and their employees.
(5) 
All real property owners, stockholders, executive officers, corporations, partners, limited partners or equity holders and lienholders and their employees which are associated with any sexually oriented business requiring a license under this article.
(c) 
No person may work for any sexually oriented business without having on his person at all times while at work an appropriate identification card showing that he is currently licensed. Such identification shall be available at all times for inspection and shall be worn on the left breast of such employee during working periods.
(d) 
An application for a sexually oriented business license must be made on a form provided by the chief of police. The application must 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 must 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. Applicants who must comply with section 6.06.012 shall submit a diagram meeting the requirements of section 6.06.012. All locational requirements must be approved by the chief of police within 30 days from the time the application is filed.
(e) 
The applicant for a sexually oriented business license must be qualified according to the provisions of this article, and the premises must be inspected and found to be in compliance with the law by the health department, building official and fire department. The health department, building official and fire department must complete their inspections and report their findings to the chief of police within 30 days from the time the application is filed.
(f) 
If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a license as the applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has an interest in the business must sign the application for a license as an applicant and shall be considered a licensee if a license is granted.
(g) 
The fact that a person possesses any other valid license required by law does not exempt him from the requirement of obtaining a sexually oriented business license. A person who operates a sexually oriented business and possesses another business license shall comply with the requirements and provisions of this article as well as the requirements and provisions of the city charter, when applicable.
(h) 
Each applicant shall attach two copies of a recent photograph to his application form.
(i) 
Each applicant shall, upon the filing of the application and payment of the filing fee, place signs (at least 24 inches by 36 inches in size) which provide notification and information specifically stating "sexually oriented business license application pending" and the date on which the application was filed. All lettering on the signs must be at least 1-1/2 inches by two inches in size for each letter on the sign. The signs must be of sufficient quantities to be placed upon the property so as to identify it as being subject to a proposed sexually oriented business license. It shall be the duty of each applicant as to each particular application to erect such signs along all the property's public road or highway frontage so as to be clearly visible from the public road or highway. If a property does not have a public road or highway frontage, then signs shall be placed upon the closest available right-of-way and upon the property. One sign shall be erected for each 300-foot increment of each public road or highway frontage on such property existing or any part thereof. Such signs shall be erected not less than 14 days after the filing of the application for the sexually oriented business license and remain erected until the application has been approved by the chief of police.
(j) 
Every applicant for a sexually oriented business license shall give notice of the application by publication at his own expense in two consecutive issues of a newspaper of general circulation published in the county. The notice shall be printed in ten-point boldface type and shall include:
(1) 
The fact that a sexually oriented business license has been sought by the applicant;
(2) 
The exact location of the place of business for which the permit is sought;
(3) 
The name of each owner of the business and, if the business is operated under an assumed name, the trade name together with the names of all owners; and
(4) 
If the applicant is a corporation, the names and titles of all officers.
(k) 
An applicant for a renewal permit for an existing business at the time of the passage of Ordinance No. 90-590 is not required to publish notice or meet the posting requirements of subsections (i) and (j) of this section.
(1999 Code, sec. 22-126)
(a) 
The chief of police shall approve the issuance of a license by the assessor and collector of taxes to an applicant or the transfer by an applicant of all or any part of the applicant's ownership or control of a sexually oriented business within 30 days after receipt of an application unless the chief of police finds one or more of the following to be true:
(1) 
An applicant is under 18 years of age.
(2) 
An applicant is overdue in his payment to the city of taxes, fees, fines or penalties assessed against him or imposed upon him in relation to a sexually oriented business.
(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 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 years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.
(5) 
The premises to be used for the sexually oriented business are not in compliance with applicable zoning laws or have not been approved by the appropriate city officials as being in compliance with applicable laws and ordinances.
(6) 
The license fee required by this article has not been paid.
(7) 
An applicant or the proposed establishment is in violation of or is not in compliance with section 6.06.006, 6.06.007, 6.06.008, 6.06.009, 6.06.010, 6.06.011 or 6.06.013.
(8) 
An applicant has been convicted of a crime:
(A) 
Involving:
(i) 
Any of the following offenses as described in V.T.C.A., Penal Code ch. 43:
a. 
Prostitution;
b. 
Promotion of prostitution;
c. 
Aggravated promotion of prostitution;
d. 
Compelling prostitution;
e. 
Obscenity;
f. 
Sale, distribution or display of harmful material to minor;
g. 
Sexual performance by a child;
h. 
Possession or promotion of child pornography;
(ii) 
Any of the following offenses as described in V.T.C.A., Penal Code ch. 21:
a. 
Public lewdness;
b. 
Indecent exposure;
c. 
Indecency with a child;
(iii) 
Sexual assault or aggravated sexual assault as described in V.T.C.A., Penal Code ch. 22;
(iv) 
Prohibited sexual conduct, enticing a child or harboring a runaway child as described in V.T.C.A., Penal Code ch. 25;
(v) 
Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses;
(B) 
For which:
(i) 
Less than two 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 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 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 or more misdemeanor offenses or a combination of misdemeanor offenses occurring within any 24-month period.
(9) 
An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding 12 months and has demonstrated an inability to operate or manage sexually oriented business premises in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.
(b) 
The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
(c) 
The license, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the address of the sexually oriented business. The 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.
(d) 
An applicant who has been convicted or whose spouse has been convicted of an offense listed in subsection (a)(8) of this section may qualify for a sexually oriented business license only when the time period required by subsection (a)(8)(B) of this section has elapsed.
(e) 
The chief of police, upon receipt of the application outlined in subsection (a) of this section, shall forward such application to the appropriate officials for their review and inspection. Such departments shall be responsible for initiating the inspections as outlined in section 6.06.041(e).
(1999 Code, sec. 22-127)
The annual fee for a sexually oriented business license is $500.00.
(1999 Code, sec. 22-128)
(a) 
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in section 6.06.041. Application for renewal shall be made at least 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.
(b) 
When the chief of police denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the chief of police finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final.
(1999 Code, sec. 22-129)
The chief of police shall suspend a license for a period not to exceed 30 days if the chief of police determines that a licensee or an agent or employee of a licensee has:
(1) 
Violated or is not in compliance with section 6.06.006, 6.06.007, 6.06.009, 6.06.010, 6.06.011, 6.06.013 or 6.06.048.
(2) 
Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises.
(3) 
Refused to allow an inspection of the sexually oriented business premises as authorized by this article.
(4) 
Knowingly permitted gambling by any person on the sexually oriented business premises.
(5) 
Demonstrated inability to operate or manage a sexually oriented business in a peaceful and law-abiding manner thus necessitating action by law enforcement officers.
(1999 Code, sec. 22-130)
(a) 
The chief of police shall revoke a license if a cause of suspension in section 6.06.045 occurs and the license has been suspended within the preceding 12 months.
(b) 
The chief of police shall revoke a license if the chief of police determines that:
(1) 
A licensee gave false or misleading information in the material submitted to the chief of police during the application process;
(2) 
A licensee or an agent or employee has knowingly allowed possession, use or sale of controlled substances on the premises;
(3) 
A licensee or an agent or employee has knowingly allowed prostitution on the premises;
(4) 
A licensee or an agent or 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 6.06.042(a)(8)(A) for which the time period required in section 6.06.042(a)(8)(B) has not elapsed;
(6) 
On two or more occasions within a 12-month period, a person committed an offense occurring in or on the licensed premises of a crime listed in section 6.06.042(a)(8)(A), for which a conviction has been obtained, and the person was an agent or employee of the sexually oriented business at the time the offenses were committed;
(7) 
A licensee or an agent or employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in or on the licensed premises. The term "sexual contact" shall have the same meaning as it is defined in V.T.C.A., Penal Code section 21.01; or
(8) 
A licensee is delinquent in payment to the city for hotel occupancy taxes, ad valorem taxes or sales taxes related to the sexually oriented business.
(c) 
The fact that a conviction is being appealed shall have no effect on the revocation of the license.
(d) 
When the chief of police revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a sexually oriented business license for one year from the date revocation became effective. If, subsequent to revocation, the chief of police finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 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 6.06.042(a)(8)(B) has elapsed since the termination of any sentence, parole or probation.
(1999 Code, sec. 22-131)
If the chief of police denies the issuance of a license, or suspends or revokes a license, the chief of police shall send to the applicant or licensee, by certified mail, return receipt requested, written notice of the action and the right to an appeal. Upon receipt of written notice of the denial, suspension or revocation, the licensee whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal to the state district court. The licensee shall bear the burden of proof in court.
(1999 Code, sec. 22-132)
A licensee, including any applicant for a license, shall not transfer his license or all or any part of his ownership or control of a sexually oriented business to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.
(1999 Code, sec. 22-133)