(A)
A Person
may not cause the establishment, operation or continuation of a Sexually
Oriented Business as defined or subject to regulation in this chapter
without first obtaining a valid Specialized Certificate of Occupancy
for a Sexually Oriented Business, duly issued by the City of Pflugerville
expressly allowing the particular type of business and activity to
be conducted on the premises.
(B)
The
fact that a Person possesses other types of state or city permits
does not exempt that person from the requirement of obtaining and
thereafter maintaining a valid Specialized Certificate of Occupancy.
(C)
A Person
may not cause the establishment, operation or continuation of a Sexually
Oriented Business establishment under any other form of certificate
of occupancy, such as a “lounge,” “nightclub,”
“bar,” “tanning salon,” etc., that does not
also expressly provide for the Sexually Oriented Business and activity
also conducted on the premises.
(Ordinance 540-99-04-27, passed 4-27-99; Am. Ordinance 834-06-06-27, passed 6-27-06; Ordinance
1148-13-06-25, passed 6-25-13)
(A)
Any
Person desiring to obtain a Specialized Certificate of Occupancy for
a Sexually Oriented Business must apply on form(s) provided by the
city’s Building Official. The Applicant must also furnish any
and all necessary supporting documents as required by the application.
(B)
The
following information must be provided on the application form:
(1)
The name, street address (and mailing address if different) of the
Applicant(s);
(2)
The name of the Applicant’s spouse and of all individuals with
whom the Applicant resides;
(3)
Two copies each of recent photographs of the Applicant showing full
face and each side face profile;
(4)
A complete set of fingerprints on forms from the police department;
(5)
A complete and current NCIC and TCIC criminal history of Applicant
obtained by Applicant from the Texas Department of Public Safety.
The criminal history must be completed within 15 days of the date
the application is submitted to the Building Official;
(6)
The Applicant’s driver’s license number, Social Security
number, and, if applicable, his/her state or federally issued tax
identification number;
(7)
The name under which the establishment is to be operated and a general
description of the services to be provided;
(8)
If the Applicant intends to operate the Sexually Oriented Business
under a name other than that of the Applicant, he or she must state
(a) the Sexually Oriented Business’s assumed name and (b) submit
the required registration documents;
(9)
Whether the Applicant, or an individual residing with the Applicant, has ever been convicted, or is awaiting trial on pending charges, of a crime specified in sections 112.24(A)(11) and (12) and, if so, the nature of the offense(s) and the date, place, and jurisdiction of each offense;
(10)
Whether the Applicant, or an individual residing with the Applicant,
has had a previous license or specialized certificate under this chapter
or other similar Sexually Oriented Business Ordinance from another
city or county denied, suspended or revoked, including the name and
location of the Sexually Oriented Business for which the license or
specialized certificate was denied, suspended or revoked, as well
as the date of the denial, suspension or revocation, and whether the
Applicant, or an individual residing with the Applicant, is or has
been a partner in a partnership or an officer, director or principal
stockholder of a corporation that is or was licensed under a Sexually
Oriented Business Ordinance whose license or specialized certificate
has previously been denied, suspended or revoked, including the name
and location of the Sexually Oriented Business for which the license
or specialized certificate was denied, suspended or revoked, as well
as the date of denial, suspension or revocation;
(11)
Whether the Applicant, or an individual residing with the Applicant,
holds any other license or specialized certificate under this chapter
or other similar Sexually Oriented Business Ordinance from another
city or county and, if so, the names and locations of such other licensed
businesses;
(12)
The address and legal description of the tract of land on which the
establishment is to be located;
(13)
If the establishment is in operation, the date on which the owner(s)
acquired the establishment for which the license or specialized certificate
is sought, and the date on which the establishment began operations
as a Sexually Oriented Business at the location for which the specialized
certificate is sought; and
(14)
If the establishment is not in operation, the expected startup date
(which must be expressed in number of days from the date of issuance
of the specialized certificate). If the expected startup date is to
be more than ten days following the date of issuance of the specialized
certificate, then a detailed explanation of the construction, repair
or remodeling work or other cause of the expected delay and a statement
of the owner’s time schedule and plan for accomplishing the
construction, repair or remodeling work.
(C)
All
applications for a specialized certificate must include the following:
(1)
If the establishment is a State of Texas corporation, a certified
copy of the articles of incorporation, together with all amendments
thereto.
(2)
If the establishment is a foreign corporation, a certified copy of
the certificate of authority to transact business in this state, together
with all amendments thereto.
(3)
If the establishment is a limited partnership formed under the laws
of the State of Texas, a certified copy of the certificate of limited
partnership, together with all amendments thereto.
(4)
If the establishment is a foreign limited partnership, a certified
copy of the certificate of limited partnership and the qualification
documents, together with all amendments thereto.
(5)
Proof of the current fee ownership of the tract of land on which
the establishment is to be situated in the form of a copy of the recorded
deed along with the current address(es) and telephone number(s) of
the owner(s).
(6)
If the Person(s) identified as the fee owner(s) of the tract of land
is not also the owner(s) of the establishment, then the lease, purchase
contract, purchase option contract, lease option contract or other
document(s) evidencing the legally enforceable right of the owner(s)
or proposed owner(s) of the establishment to have or obtain the use
and possession of the tract or portion thereof that is to be used
for the purpose of the operation of the establishment together with
the correct address and telephone number of each person with an ownership
interest in the property.
(7)
If the property is owned by other than a natural Person the complete
name, address and telephone of each Person with an interest in the
entity must be included in the application.
(8)
A current certificate and straight-line drawing prepared within 30 days prior to application by a registered land surveyor depicting the property lines of any established use listed in section 112.10 within 1,500 feet of the property to be certified. For purposes of this section, a use is considered existing or established if it is in existence at the time an application is submitted.
(9)
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
no smaller than 1/4 inch equals one foot and with marked dimensions
of the placement of the building on the tract of land, and the interior
of the premises to an accuracy of plus or minus six inches. All locational
requirements must be approved by the Building Official within 60 days
from the time the application is filed.
(10)
Any of items (1) through (9) above will not be required for a renewal application under section 112.29 of this chapter if they were previously presented and the Applicant states that the documents previously furnished to the Building Official with the original application or previous renewals thereof remain correct and current.
(D)
Every
application for a Specialized Certificate of Occupancy must contain
a statement made under oath that:
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The Applicant has personal knowledge of the information contained
in the application, and that the information contained therein and
furnished therewith is true and correct; and,
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The Applicant has read the provisions of this chapter.
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(E)
The
Applicant for a Sexually Oriented Business Specialized Certificate
of Occupancy must be qualified according to the provisions of this
chapter.
(F)
If
the Applicant who wishes to operate a Sexually Oriented Business is
an individual, that individual must sign the application for a Specialized
Certificate of Occupancy as Applicant. If the Applicant who wishes
to operate a Sexually Oriented Business is other than an individual,
each individual who has an interest in the business must sign and
provide all the information required by the application for a Specialized
Certificate of Occupancy as an Applicant and will be considered an
Operator if a Specialized Certificate of Occupancy is granted.
(G)
The
fact that a Person possesses any other valid license, certificate
or permit required by law does not exempt him from the requirement
of obtaining a Sexually Oriented Business Specialized Certificate
of Occupancy. A Person who operates a Sexually Oriented Business and
possesses another business license, certificate or permit must comply
with the requirements and provisions of this chapter as well as the
requirements and provisions of the laws concerning the other license,
certificate or permit.
(H)
All
applications must include a non-refundable application fee of $2,500.00
to cover the city’s costs to process an application. An application
will not be considered to have been filed until all applicable fees
are paid and all information required by the application form has
been submitted.
(I)
The
Applicant must supplement an application with new information received
after the date the application was deemed completed.
(J)
All
Sexually Oriented Businesses located within the city and in operation
as a lawful use conforming to the Zoning Code before the effective
date of this chapter are granted a one-time waiver of the application
fee. Upon satisfactory completion of the application and surrender
of the existing business’ current Specialized Certificate of
Occupancy, a new Specialized Certificate of Occupancy will be issued.
(K)
A copy
of all applications and supporting documentation for Specialized Certificates
of Occupancy will be maintained by the Building Official.
(L)
Upon
receipt of an application or supplemental information, the Building
Official will review the application to determine if all required
and necessary information has been submitted. The Building Official
will issue a letter within 10 days of receipt of the application or
supplemental information and advise the Applicant whether supplemental
information must be submitted. The Applicant must provide any supplemental
information within 30 days or the application will be returned and
the filing fee forfeited.
(Ordinance 540-99-04-27, passed 4-27-99; Am. Ordinance 834-06-06-27, passed 6-27-06; Ordinance
1148-13-06-25, passed 6-25-13)
(A)
After
the Building Official has issued a letter advising the Applicant that
the application is complete, the Building Official will cause signs
(at least 24 inches by 36 inches in size) to be placed on the property
subject to the proposed Specialized Certificate of Occupancy that
provide notification by specifically stating, with letters at least
three inches wide and six inches tall, “SEXUALLY ORIENTED BUSINESS
LICENSE APPLICATION PENDING”. The sign shall conform to the
requirements of this section and section 243.0075 of the Local Government
Code. All lettering on the signs other than above described, will
be at least 1 and ½ inches x 2 inches in size for each letter
on the sign. The sign will also include the name, city and state of
residence of each Applicant, the date on which the application was
filed, and the time and place of the hearings. The signs will be placed
on the property in sufficient quantities and locations to identify
the property as being subject to a proposed Sexually Oriented Business
Specialized Certificate of Occupancy. One sign will be erected on
each lot corner to identify the boundaries of the property in addition
to one sign for each 300 foot increment of each public road or highway
frontage on the property existing or any part thereof. The signs will
be erected within seven days after the Building Official has issued
a letter advising the Applicant that the application is complete and
will remain erected until the application has been approved or denied
by the City Council
(B)
The
city will give notice of the application and scheduled public hearings
by publication in two consecutive issues of the city’s official
newspaper. The notices will be printed in 10-point boldface type and
will:
(1)
Include the fact that a Sexually Oriented Business Specialized Certificate
of Occupancy has been applied for;
(2)
Include the exact location, including the street address, of the
place of business for which the certificate is sought;
(3)
Include 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;
(4)
Include, if the Applicant is a corporation, the names and titles
of all officers, directors and shareholders of 10% or more of the
corporation;
(5)
Include the dates and times of the public hearings; and
(6)
Be published at least 15 days before each public hearing.
(C)
Pursuant
to Section 243.0075 of the Local Government Code, there shall be at
least 60 days between the time that an application for a Specialized
Certificate of Occupancy is deemed complete by the Building Official
and the public hearing to determine whether to grant or deny the application.
(D)
Once
the application is determined by the Building Official to be complete,
the city will send written notice of the application for a Sexually
Oriented Business Specialized Certificate of Occupancy to all owners
of real property lying within 1,500 feet of each property line of
the tract of land on which the certificate is requested. The notice
will be sent at least 15 days before the public hearings begin. The
notice will be deemed to have been properly served if sent by certified
or registered mail, return receipt requested, and first class mail
postage prepaid to each property owner as the ownership appears on
the last approved county tax roll. The notice will include:
(1)
The fact that a Sexually Oriented Business Specialized Certificate
of Occupancy has been applied for;
(2)
The exact location including the street address of the place of business
for which the certificate is sought;
(3)
The names 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;
(4)
If the Applicant is a corporation, the names and titles of all officers,
directors and shareholders of 10% or more of the corporation; and
(5)
The dates and times of the scheduled public hearings.
(Ordinance 540-99-04-27, passed 4-27-99; Am. Ordinance 834-06-06-27, passed 6-27-06; Ordinance
1148-13-06-25, passed 6-25-13)
(A)
After the Building Official has determined that an application is complete pursuant to section 112.21 of this chapter and has provided public notice as required by section 122.22 of this chapter, the Building Official will then initiate the public hearing procedure as follows:
(1)
The Commission will be contacted by the Building Official and a date
set for the public hearing;
(2)
The hearing will be held within 90 days of the date the Building
Official advises the Applicant that the application is complete at
the city’s offices;
(3)
The hearing will be scheduled on a weekday no earlier than 6:30 p.m.;
and
(4)
The Building Official will send the Applicant a written notice of
the hearing at least 15 days in advance of the hearing, stating the
date, time and place of the hearing and will make a copy of the notice
available to the public. The Building Official will post the notice
at all places where City Council meeting notices are posted.
(B)
The
hearing will be conducted by the Commission under the guidelines below.
The Commission may liberally construe these guidelines to allow public
input to protect the health and safety of the community affected by
the location of a Sexually Oriented Business and to allow the Applicant
to address the public’s concerns.
(1)
Interested Parties are entitled to the assistance of counsel;
(2)
Interested Parties may expressly waive the right to counsel;
(3)
The Commission may limit testimony to exclude evidence that is irrelevant,
immaterial, or unduly repetitious. Relevance and materiality should
be evaluated according to the relation of the evidence to the requirements
of this chapter and health and safety concerns directly related to
the certificate at issue; and
(4)
Any person may record, videotape or transcribe the hearing provided
there is no interference with the proceedings as determined by the
Commission. The Commission will have the power to limit any interference
with the proceeding. One copy of the tape and transcript, if made,
must be promptly delivered to the Building Official.
(C)
The
Commission may continue the hearing to a date not later than ten days
after the initial hearing if:
(1)
The hearing has lasted at least two and one half hours and it appears
to the Commission that a significant amount of time is still required
to fully present the public concerns and potential solutions to those
concerns; or
(2)
Issues have been raised at the hearing requiring additional research
in order to develop appropriate conditions to be attached to the certificate
or that the parties need additional time to develop a solution to
issues identified a the hearing;
(3)
A continuance may not be granted for the purpose of delay or for
developing new evidence, except as provided above.
(D)
Within
10 days after the public hearing, the Commission will produce a written
statement containing the findings of public health and safety concerns
and recommendations for conditions, if any, to be attached to the
certificate. The recommendations will be forwarded to the Building
Official, the Applicant, and any Interested Party who requests a copy.
The Building Official will forward the application and report to the
City Council. If no official record of the hearing has been requested,
the Commission’s statement will be the official record of the
public hearing. The Commission may consult with the City Attorney
for the purpose of developing appropriate conditions to address the
health and safety concerns shown at the hearing. These recommendations
will then be forwarded to the City Council for final disposition.
(E)
If
information is produced at the hearing that would support denial of
the certificate, the Commission will provide that information to the
City Attorney, who will investigate whether the information warrants
a recommendation to the City Council for denial or revocation of the
certificate under these regulations. The Commission shall also separately
provide its recommendation for denial or approval of the Specialized
Certificate of Occupancy to the City Council.
(F)
After receipt of the written statement and recommendation from the Commission, the City Council may approve the application, deny the application, or authorize a specialized certificate, which includes appropriate conditions and safeguards that address pertinent health and safety issues. The City Council shall approve, deny or issue a Specialized Certificate of Occupancy with safeguards or conditions within 35 days of receiving the report from the Commission or a decision made under chapter 157, the Zoning Code of the City of Pflugerville, Texas, regarding a Sexually Oriented Business.
(G)
The
Applicant may appeal the City Council’s decision to a court
of competent jurisdiction by filing a complaint within 30 days of
the decision. An appeal does not stay or alter the City Council’s
decision while the appeal is pending.
(Ordinance 540-99-04-27, passed 4-27-99; Am. Ordinance 834-06-06-27, passed 6-27-06; Ordinance
1148-13-06-25, passed 6-25-13)
(A)
The
City Council may deny issuance of the certificate if one or more of
the following are found to be true:
(1)
The location of the establishment would be in violation of the Zoning
Code;
(2)
The location would be in violation of a 750-foot distance regulation
as set forth in this chapter;
(3)
The application fees have not been paid;
(4)
An Applicant has failed to make full disclosure or supply all of
the information requested on the application;
(5)
An Applicant has provided false, fraudulent or untruthful information
on the application, or is attempting to acquire the certificate under
false pretenses;
(6)
The configuration and layout of the proposed premises would be in
violation of the applicable provisions regarding accessibility, visibility
and inspection as set forth in this chapter;
(7)
The structure, configuration and layout of the premises would be
in violation of, or are not in compliance with, all other applicable
city ordinances, fire code or building codes;
(8)
An Applicant has not demonstrated lawful ownership of the premises,
does not hold a binding lease for the premises upon which the business
would be Operated, or has not demonstrated a legally enforceable right
to acquire the same;
(9)
An Applicant is under 18 years of age;
(10)
An Applicant is under 21 years of age and the sale or serving of
alcoholic beverages would be an aspect of the business; or
(11)
An Applicant or an Applicant’s spouse has been convicted of
a criminal offense within the last 10 years involving any of the following
offenses set forth in the Texas Penal Code:
(a)
Chapter 21, Texas Penal Code: Public Lewdness, indecent exposure,
or indecency with a child;
(b)
Chapter 22, Texas Penal Code: Sexual assault or aggravated sexual
assault;
(c)
Chapter 25, Texas Penal Code: Incest, solicitation of a child or
harboring a runaway child;
(d)
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; or
(e)
Criminal attempt, conspiracy or solicitation to commit any of the
foregoing offenses.
(B)
An Applicant who has been convicted or whose spouse has been convicted of a criminal offense listed in section 112.24(A)(11) and (12) may obtain a Specialized Certificate of Occupancy only after the time period required for satisfactory completion has elapsed and full release has been received from all conditions imposed regarding confinement, parole, or probation, whichever is the later date and no special particular circumstances exists that indicate a pattern or propensity to repeat the criminal offense.
(C)
Before
issuance of a license, the premises must be inspected by the health
department providing services for the city, the fire department and
the building department.
(D)
When
issued, the certificate will state on its face:
(1)
The full name, address and telephone number of the Person(s) (the
Operator) to whom it is granted;
(2)
The name, address and telephone number of the establishment;
(3)
A description of specifically what type of Sexually Oriented Business
operation has been approved to be conducted on the premises; and
(4)
The expiration date.
(E)
When
issued, the certificate will remain the sole property of the city
and is valid only as to the Operator and location for which it was
originally issued and may not be sold, loaned or otherwise transferred
to any other Person, subsequent Operator of the business or to another
location.
(F)
The
Specialized Certificate of Occupancy must be continually displayed
in a conspicuous place within the establishment.
(Ordinance 540-99-04-27, passed 4-27-99; Am. Ordinance 834-06-06-27, passed 6-27-06; Ordinance
1148-13-06-25, passed 6-25-13)
(A)
If
a lawfully operating Sexually Oriented Business subsequently desires
to modify its operations by varying the type of entertainment or activity
provided to another type that is not authorized in the Operator’s
current Specialized Certificate of Occupancy, the Operator must notify
the Building Official in writing 30 days in advance, apply for and
acquire prior written approval for the modification, up to and including
an amended or modified Specialized Certificate of Occupancy, if necessary.
The Building Official’s approval or denial will be made within
30 days of receipt of the written request from the Operator.
(B)
A non-refundable
processing fee of $250.00 is required for obtaining an amended or
modified certificate. The amended or modified certificate expires
on the same date as the original certificate.
(C)
If
the Operator asserts that request has been wrongfully or erroneously
denied, the Operator may appeal the denial to Board of Adjustment
according to Section 14 of the city’s Zoning Code.
(Ordinance 540-99-04-27, passed 4-27-99; Am. Ordinance 834-06-06-27, passed 6-27-06; Ordinance
1148-13-06-25, passed 6-25-13)
(A)
A Person
commits a violation if that Person operates a Sexually Oriented Business
under a Specialized Certificate of Occupancy in any name or at any
location other than the original name and address originally designated
on the face of the Specialized Certificate of Occupancy.
(B)
A Person
commits a violation if that Person wrongfully counterfeits, forges,
changes, defaces or alters a Specialized Certificate of Occupancy.
Any certificate wrongfully altered will automatically and immediately
be deemed void and invalid.
(C)
If
corporations that have “substantially similar ownership”
merge or consolidate, a fee of $100.00 must be paid for each Sexually
Oriented Business holding a Specialized Certificate of Occupancy that
is merged or consolidated into the surviving corporation. The surviving
corporation succeeds to all privileges of the prior corporation that
held the Specialized Certificate of Occupancy if the owners of the
surviving corporation meet the qualifications for an Applicant to
acquire the Specialized Certificate of Occupancy under this chapter.
For the purposes of this section, corporations have “substantially
similar ownership” if 90 percent or more of the corporations
involved are owned by the same Person or Persons, or by the same corporation
or corporations, or if the surviving corporation has maintained an
ownership interest in the merged or consolidated corporations since
the date the original Specialized Certificate of Occupancy was issued.
(D)
The
city’s Specialized Certificate of Occupancy is not property
to be inherited or otherwise transferred in cases of incapacity or
death. If an Operator becomes legally incapacitated or dies, the executor
or guardian of the estate must, as soon as reasonably possible but
no event later than 30 days of the death or incapacity, notify the
Building Official in writing of the status of business operations,
the Persons controlling the estate, and those heirs or other Persons
involved in settling the estate. Any Person desiring to continue the
Sexually Oriented Business must meet all requirements of new Applicants
and receive a new Specialized Certificate of Occupancy in their own
name before continuing the business operations. Otherwise, the Specialized
Certificate of Occupancy will automatically be deemed revoked as of
the date of the death or incapacity of the Operator in whose name
the certificate was issued.
(E)
The
city’s Specialized Certificate of Occupancy is not property
to be listed as an “asset” or otherwise transferred for
purposes of resolution in bankruptcy. If an Operator files a petition
in bankruptcy seeking protection as a failing business, the Operator
must also immediately deliver true and correct copies of documentation
of same to the Building Official.
(Ordinance 540-99-04-27, passed 4-27-99; Am. Ordinance 834-06-06-27, passed 6-27-06; Ordinance
1148-13-06-25, passed 6-25-13)
(A)
The
Building Official, upon receipt of a written report from the police
department, may also temporarily suspend a Specialized Certificate
of Occupancy if it is determined that the Operator committed, condoned
or knowingly or recklessly allowed an act(s) or omission(s) to occur
on the premises of the establishment that:
(1)
Is a material violation of the regulations set forth in this chapter;
or
(2)
Is a material violation of other applicable laws and ordinances so
as to cause or allow the premises to constitute a “nuisance”
to the immediate neighborhood, including but not limited to a common
or a public nuisance as defined by Section 125.001, et seq., Texas
Civil Practice and Remedies Code, or chapter 54 of the Code of Ordinances
of the City of Pflugerville; or
(4)
Forms the basis for the Operator’s conviction of one or more offense(s) under sections 112.24(A) (11) and (12);
(5)
Knowingly permits gambling by any person on the premises of the Sexually
Oriented Business; or
(6)
Allows the Operator or any Employee that works at the Sexually Oriented
Business owned by the Operator to operate or work in a Sexually Oriented
Business while intoxicated due to alcoholic beverages or controlled
substances.
(B)
The period of suspension may be continued day-to-day until the matter forming the basis of the suspension is corrected or abated to the satisfaction of the police department, but in no event for more than 60 days. If not satisfactorily corrected or abated within 60 days, the Building Official will initiate appropriate action to revoke the Specialized Certificate of Occupancy per section 112.28 below.
(C)
After
paying a $1,000.00 non-refundable fee, a suspension may be appealed
to the Board of Adjustment as provided in section 14 of the city’s
Zoning Code.
(Ordinance 540-99-04-27, passed 4-27-99; Am. Ordinance 834-06-06-27, passed 6-27-06; Ordinance
1148-13-06-25, passed 6-25-13)
(A)
The
Building Official, upon receipt of a written report from the police
department, may indefinitely revoke a Specialized Certificate of Occupancy
if it is determined that:
(1)
Cause for suspension as provided in section 112.27 has occurred, and the Specialized Certificate of Occupancy has been previously suspended for any reason at least twice in the preceding 24-month period;
(2)
A Specialized Certificate of Occupancy has been suspended under section 112.27 and the basis for the suspension has not been satisfactorily corrected or abated within 60 days;
(3)
The Operator gave false or fraudulent information in the application
or otherwise acquired the Specialized Certificate of Occupancy under
false pretenses;
(4)
The Operator knowingly Operated, provided or permitted Sexually Oriented
Business activity or entertainment to occur on the premises during
a period of time when the Specialized Certificate of Occupancy was
suspended;
(5)
The Operator has been convicted of a criminal offense under Chapter
21, Chapter 22, Chapter 25, or Chapter 43 of the Texas Penal Code
and for which the time period or other action required for satisfactory
completion and full release has not been received from all conditions
imposed regarding confinement, parole, or probation; or
(6)
The Operator knowingly allowed or participated in the unlawful possession,
use or sale of controlled substances on the premises; or
(7)
The Operator knowingly allowed or participated in prostitution, or
its solicitation, or unlawful offenses of a similar nature to take
place on the premises.
(B)
Before
imposing any particular form of suspension or revocation, the police
department may attempt lesser forms of corrective action to correct
or abate violations. However, nothing herein prohibits the police
department from proceeding to the appropriate level of suspension
or revocation if the Operator’s misconduct or violation(s) warrants
the degree of suspension or revocation imposed.
(Ordinance 540-99-04-27, passed 4-27-99; Am. Ordinance 834-06-06-27, passed 6-27-06; Ordinance
1148-13-06-25, passed 6-25-13)
(A)
Each Specialized Certificate of Occupancy expires one year from the date of issuance. A Specialized Certificate of Occupancy may be renewed only by making application as provided in section 112.21. Application for renewal must be made at least 60 days before expiration. When application for renewal is made at least 60 days before the expiration date, the expiration of the Specialized Certificate of Occupancy will not be affected by the pendency of the application. A non-refundable application fee of $1,000 is required for the renewal of a Specialized Certificate of Occupancy to cover the city’s costs of processing a renewal application.
(Ordinance 540-99-04-27, passed 4-27-99; Am. Ordinance 834-06-06-27, passed 6-27-06; Ordinance
1148-13-06-25, passed 6-25-13)
