Division 2 Licensing

An individual, the individual shall state such person’s legal name and any aliases and submit proof that such person is at least 18 years of age;

A partnership, the partnership shall state its complete name; the date of its formation; evidence that the partnership is in good standing under the laws of the state, and if not a Texas partnership, its state of formation; the names and capacity of all partners and officers; whether the partnership is general, limited or otherwise; a copy of the partnership agreement or certificate of partnership, if any; and the official name and address to be used for process of service on the partnership; and/or

A corporation, limited liability company or other legal entity, the entity shall state its complete name; the date of its incorporation or formation; evidence that the entity is in good standing under the laws of the state of formation, and if not a Texas entity, the state of incorporation or formation; the names and capacity of all officers, directors and controlling stockholders or owners; and the name of the registered agent and the address of the registered office for service of process.

If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, the applicant must:

State the sexually oriented business’s fictitious name or business owner’s fictitious name; and

Submit the required registration and assumed name documents.

Whether the applicant, or a person residing with the applicant, has been convicted of a criminal activity listed under section 6.07.032 of this article, and, if so, the criminal activity involved, the date, place, and jurisdiction of each conviction, and the date of release from confinement, if applicable.

Whether the applicant, or a person residing with the applicant, has had a previous license under this article or other similar sexually oriented business provisions from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, the date of the denial, suspension or revocation, and whether the applicant or a person residing with the applicant has been a partner in a partnership or an officer, director or principal stockholder or owner of a corporation or other legal entity that is licensed under this article whose license has been previously denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, and the date of denial, suspension or revocation.

Whether the applicant or a person residing with the applicant holds any other licenses under this article or other similar sexually oriented business regulations from another city or county and, if so, the names and locations of such other licensed businesses.

The classification of the sexually oriented business for which the applicant is seeking the license. A sexually oriented business may only have one classification to be eligible for a license.

The location of the proposed sexually oriented business, including a legal description of the property, street address, telephone number, if any, and the dates a sign stating the intent to locate a sexually oriented business was posted as required by this article.

(8)

The applicant’s mailing address and residence or physical address.

(9)

For each applicant, a copy of the valid state driver’s license with photo, or a valid state identification card with photo. The originals of the required forms of identification shall be presented to the chief of police for inspection prior to the issuance of a license.

(10)

The applicant’s driver’s license number and state of issuance.

(11)

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 shall also depict the total floor space devoted to 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 as it relates to the total floor space occupied by the business, if applicable. The sketch or diagram shall also depict the manager’s station and any proposed stage or performance areas, if applicable. 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 (6").

(12)

A current straight-line drawing prepared and certified within 30 days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within 1,000 feet of the property where the proposed sexually oriented business will be located and the property lines or boundaries of the uses and locations described in section 6.07.005(b) and (c) within 1,000 feet of the property where the proposed sexually oriented business will be located.

(13)

By submitting an application for a sexually oriented business license, the applicant agrees that it shall provide access to its inventory records for the business. These records shall be made available to the city pursuant to section 6.07.034 of this article.

The applicant must be qualified according to the provisions of this article. The application may request and the applicant shall provide such information (including fingerprints) as to enable the city to determine whether the applicant meets the qualifications in this article. Each applicant shall sign a waiver and authorization form authorizing the chief of police to request on behalf of the applicant criminal history from the state department of public safety and other appropriate state and federal agencies. The applicant shall pay all fees and costs associated with such request for criminal history.

An individual person who wishes to operate a sexually oriented business must 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 individual who has a 20 percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under section 6.07.031 [6.07.032], and each applicant shall be considered a licensee if a license is granted.

(e)

The fact that a person possesses other types of state or city permits does not exempt that person from the requirement of obtaining a license for a sexually oriented business.

(f)

All applications for a license under this article shall be accompanied by a nonrefundable application fee in the amount as established in the adopted fee schedule in appendix A of this code. An application shall not be considered to have been received as administratively complete until the fee is paid and all information required by the application form has been submitted. The application fee shall not be prorated in the event an application is tendered before or during the licensing period. The application for a sexually oriented business license shall be approved or denied within the time frame, and in the manner, established by section 6.07.032 of this article. Such application for a sexually oriented business license shall be deemed denied if not approved or denied within such time period.

(g)

Upon approval of a sexually oriented business license, an applicant for a sexually oriented business license must obtain a certificate of occupancy for a sexually oriented business from the building official. The building official shall issue or deny a certificate of occupancy to a sexually oriented business not more than 45 business days subsequent to the date of the applicant’s submission of a completed and correct, including all required documentation, application for a certificate of occupancy to the city’s building inspection department. Such application for a certificate of occupancy shall be deemed denied if not approved or denied within such time period.

(h)

Upon approval of a sexually oriented business license, if an applicant for a sexually oriented business requires a building permit under applicable city ordinances, the building official shall cause all building, fire, health and other necessary permits to be issued within 30 business days subsequent to the date of the applicant’s submission of a completed and correct application for a building permit, including all required documentation, [upon] application for said permit to the city’s building inspection department. Upon receipt of administratively complete applications(s), the building official shall cause all necessary inspections to occur within three business days of the applicant’s request for an inspection made to the building official. Such application(s) shall be deemed denied if not approved or denied within such time period. The applicant must specify on the face of its application that the proposed use is for a sexually oriented business and give the name and address of the applicant’s contact for all communications and notices.

§ 6.07.032 License issuance and grounds for denial.

Notwithstanding any other ordinance, an applicant for a sexually oriented business may appeal any decision of the building official by appealing to the zoning board of adjustment within 30 calendar days after receipt of a notice of decision or the expiration of the deadlines set forth in subsection (g) or (h) above. The applicant may appeal any decision of the zoning board of adjustment to the appropriate county court of record within ten calendar days of that decision. The filing of such suit will not have the effect of staying denial of such building permit or certificate of occupancy pending a judicial determination.

(2006 Code, sec. 22-41; Ordinance 10-09-853, sec. 2, adopted 9/7/10; Ordinance adopting 2015 Code)

The chief of police shall approve the issuance of a license to an applicant within 30 days after receipt of an application, unless the chief of police finds one or more of the following to be true:

The location of the sexually oriented business is or would be in violation of section 6.07.005 of this article.

The applicant failed to supply all of the information requested on the application.

The applicant gave false, fraudulent or untruthful information on the application.

An applicant is under 18 years of age.

An applicant or an applicant’s spouse is overdue in payment to the secretary of state or 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.

An applicant or an applicant’s spouse has been convicted or placed on deferred disposition, probation or community supervision for a violation of a provision of this article, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.

The license fee required by the article has not been paid.

(8)

The applicant has not demonstrated that the owner of the sexually oriented business owns or holds a lease for the property or the applicable portion thereof upon which the sexually oriented business will be situated or has a legally enforceable right to acquire the same.

(9)

An applicant or the proposed establishment in violation of or is not in compliance with section 6.07.034 or 6.07.041, 6.07.102(h), 6.07.107(a)(1), 6.07.107(a)(5), 6.07.108(a)(1) and 6.07.108(a)(5), as applicable.

(10)

An applicant or an applicant’s spouse has been convicted or placed on deferred disposition, probation, or community supervision for:

Any offense under the laws of the United States of America, another state or the Uniform Code of Military Justice for an offense described in this subsection (a)(10); or

Any of the below offenses of the state or criminal attempt, conspiracy, or solicitation to commit same:

Any of the following offenses as described in V.T.C.A., Penal Code ch. 43:

Prostitution;

Promotion of prostitution;

Aggravated promotion of prostitution;

Compelling prostitution;

Obscenity;

Sale, distribution or display of harmful material to a minor;

Sexual performance by a child;

Possession of child pornography;

Any of the following offenses as described in V.T.C.A., Penal Code ch. 21:

Public lewdness;

Indecent exposure;

Indecency with a child;

Sexual assault or aggravated sexual assault as described in V.T.C.A., Penal Code ch. 22;

(iv)

Incest, solicitation of a child or harboring a runaway child as described in V.T.C.A., Penal Code ch. 25; or

(v)

Those crimes defined as “drug-defined offenses” or “drug-related offenses” by the Bureau of Justice Statistics Drug and Crime Data Fact Sheet, 1994, for which punishment would be classified as a felony as set forth in V.T.C.A., Penal Code sec. 12.04;

For which (regarding subsections (a)(10)(A) and (B) of this section):

Less than two years have elapsed since the date of conviction, or the date of release from the terms of community supervision, probation, parole or deferred disposition or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is a misdemeanor offense;

Less than five years have elapsed since the date of conviction, or the date of release from the terms of community supervision, probation, parole or deferred disposition or the date of release from confinement for the conviction, whichever is the later date, if the conviction is a felony offense; or

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 combination of misdemeanor offenses occurring within any 24-month period.

(11)

The applicant or the applicant’s spouse is required to register as a sex offender under the provisions of chapter 62 of the Texas Code of Criminal Procedure.

(12)

The applicant failed to comply with any of the requirements of V.T.C.A., Local Government Code sec. 243.0075 regarding the posting of an outdoor sign.

An applicant, or applicant’s spouse, who has been convicted of or placed on deferred disposition, probation or community supervision for an offense listed in subsection (a)(10) of this section may qualify for a sexually oriented business license only when the time period required by subsection (a)(10)(C) of this section has elapsed.

The license, if granted, shall state on its face the name of the person or persons 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 is visible to the public at all times and may be easily read.

(2006 Code, sec. 22-42; Ordinance 10-09-853, sec. 2, adopted 9/7/10)

§ 6.07.033 Annual license fee.

The annual fee for a sexually oriented business license shall be in an amount as established in the city’s annual fee ordinance.

§ 6.07.034 Inspection of premises and maintenance of records.

The fact that a person possesses other types of state or city permits does not exempt that person from the requirement of obtaining a license for a sexually oriented [business].

(2006 Code, sec. 22-43; Ordinance 10-09-853, sec. 2, adopted 9/7/10)

A licensee, owner, operator or employee of a sexually oriented business shall be subject to regulation under this article and shall permit representatives of the police department, health department, fire department, building inspections department and code enforcement department to inspect all portions of the premises where customers are allowed and the records required to be maintained under this article by the sexually oriented business for the purpose of ensuring compliance with this article at any time it is occupied or open for business.

A licensee, owner or operator of a sexually oriented business commits an offense if the establishment operates without maintaining a current list of all employees of the sexually oriented business, along with a complete updated employment application for each employee. A legible copy of a valid driver’s license, state identification card, or passport, with a photograph, together with an original photograph accurately depicting the employee as the employee appears at the time the employee is hired, shall be required and maintained on the premises with the employee application.

A licensee, owner, operator or employee of a sexually oriented business commits an offense if a licensee, owner, operator or employee refuses to permit a lawful inspection of the records and premises by a representative of the police department, health department, fire department, building inspections department and code enforcement department at any time the sexually oriented business is occupied or open for business.

§ 6.07.035 Expiration and renewal of license.

The licensee, owner or operator of a sexually oriented business shall maintain all records required to be maintained under the provisions of this article on the licensed premises.

(e)

The licensee, owner or operator of a sexually oriented business commits an offense if the licensee, owner or operator does not maintain the required records on the premises of the establishment.

(f)

A licensee, owner, operator or employee of a sexually oriented business shall permit representatives of the police department, health department, fire department, building inspections department and code enforcement department to take photographs of the licensee, owner, operator or employees of the sexually oriented business for the purpose of ensuring compliance with this article at any time it is occupied or open for business.

(g)

A licensee, owner, operator or employee of a sexually oriented business commits an offense if the licensee, owner, operator or employee does not permit representatives of the police department, health department, fire department, building inspections department and code enforcement department to take photographs of the licensee, owner, operator or employee of the sexually oriented business at any time it is occupied or open for business.

(h)

The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.

(2006 Code, sec. 22-44; Ordinance 10-09-853, sec. 2, adopted 9/7/10)

Each license shall expire one year after the date of issuance.

Renewal of a license may be applied for by submission to the chief of police of an application on the form prescribed by such official and payment of a nonrefundable renewal processing fee in such amount as established by the city’s annual fee ordinance.

§ 6.07.036 Grounds for suspension of license.

Application for renewal shall be made at least 30 days before the expiration date of the current license, and when made less than 30 days before the expiration date, the license will still expire on its expiration date. The grounds for denial of a renewal license shall be the same as for an original license as provided in section 6.07.032 of this article. When the city 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 city finds that the basis for denial of the renewal license has been corrected or abated, the applicant may resubmit a complete and correct renewal application and the applicant may be granted a license within 30 days as provided in section 6.07.032 of this article.

(2006 Code, sec. 22-45; Ordinance 10-09-853, sec. 2, adopted 9/7/10)

Subject to subsection (b) of this section, the chief of police shall suspend a sexually oriented business license if the chief of police determines that a licensee, owner, operator or employee of a sexually oriented business (or any combination thereof) has:

On five or more occasions within any 12-month period of time been cited for a violation of sections 6.07.141, 6.07.142 and 6.07.143 or any of the provisions of division 3 or 4 of this article, and been convicted or placed on deferred disposition or probation for the violation(s);

On five or more occasions within any 12-month period of time been cited for a violation of section 6.07.034 of this article, and been convicted or placed on deferred disposition or probation for the violation(s); or

Been cited for any combination of offenses under subsection (1) or (2) above that total five within any 12-month period of time, and been convicted or placed on deferred disposition or probation for the violation(s).

A period of suspension will begin the first day after the decision of the chief of police has been made. If appeal is taken under section 6.07.040, the period of suspension begins the day after all appeals are final.

§ 6.07.037 Grounds for revocation of license.

Each day in which a violation is permitted to continue shall constitute a separate violation for purposes of suspension.

(2006 Code, sec. 22-46; Ordinance 10-09-853, sec. 2, adopted 9/7/10)

The chief of police may revoke a sexually oriented business license:

If a cause of suspension in section 6.07.036 occurs and the license has been ordered suspended by the chief of police for a 30-day period pursuant to section 6.07.039(b)(4) within the preceding year;

If the chief of police determines that, on two or more occasions within any five-year time period, a licensee, owner, operator or employee (or any combination thereof) has/have been convicted of or placed on deferred disposition, probation or community supervision for conduct occurring on the premises of a sexually oriented business that constitutes any of the offenses of the state or criminal attempt, conspiracy, or solicitation to commit same for the following offenses (except the chief of police may, if he determines that the criminal offense of sexual performance of a child has occurred on a single occasion, revoke the sexually oriented business license):

Any offenses as described in V.T.C.A., Penal Code ch. 43 including:

Prostitution;

Promotion of prostitution;

Aggravated promotion of prostitution;

(iv)

Compelling prostitution;

(v)

Obscenity;

(vi)

Sale, distribution or display of harmful material to a minor;

(vii)

Sexual performance by a child;

(viii)

Possession of child pornography;

Any of the following offenses as described in V.T.C.A., Penal Code ch. 21:

Public lewdness;

Indecent exposure;

Indecency with a child;

Sexual assault or aggravated sexual assault as described in V.T.C.A., Penal Code ch. 22;

Incest, solicitation of a child or harboring a runaway child and other offenses contained in V.T.C.A., Penal Code ch. 25; or

(E)

If a licensee, owner or operator gave false or misleading information in the material submitted to the chief of police during the application process;

If a licensee, owner or operator has knowingly allowed possession, use or sale of a controlled substance on the premises;

If a licensee, owner or operator has on two (2) or more occasions knowingly allowed prostitution on the premises;

If a licensee, owner or operator knowingly operated the sexually oriented business during a period of time when the licensee’s license was suspended;

If a licensee, owner or operator has, on one or more occasions, 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 sec. 21.01;

(8)

If 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;

(9)

If the licensee is required to register as a sex offender under the provisions of V.T.C.A., Criminal Procedure Code ch. 62;

(10)

If a license is transferred in violation of section 6.07.041(a).

The fact that a conviction is being appealed shall have no effect on the revocation of the license.

§ 6.07.038 Denial, suspension and revocation procedures.

Subsection (a)(7) of this section does not apply to adult motels as a ground for revoking the license, unless the licensee, owner, operator or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in a public place or within public view.

(2006 Code, sec. 22-47; Ordinance 10-09-853, sec. 2, adopted 9/7/10)

A denial, suspension, or revocation is an administrative procedure. In any hearing relating to such actions under this section, the burden of proof shall be on the city (except for affirmative defenses), and shall be by a preponderance of the evidence.

If the chief of police is authorized to deny the issuance of a license, or suspend or revoke a license, the chief of police shall give written notice to the applicant or licensee of his intent to implement denial, suspension, or revocation procedures. The notice shall state:

The reason for such denial, suspension, or revocation.

The provisions of the code which have been violated.

The person or office with which any request for a contested case hearing must be filed and the address at which any such request must be filed.

The notice shall provide that the denial of issuance, suspension or revocation shall take effect at the expiration of the tenth calendar day after notification. The applicant or licensee shall have ten calendar days from the date notice is received to request a hearing on the denial, suspension or revocation as provided in section 6.07.040(a) of this article.

A written request for a hearing from the applicant, permit holder, or licensee received by the chief of police before the expiration of the tenth (10th) calendar day does not stay the denial, suspension or revocation of the license pending a hearing before the hearing officer.

(e)

In making a determination as to the denial of a license, the chief of police shall consider whether the applicant has established the applicant’s entitlement to a license under the requirements imposed by section 6.07.032 of this article and/or whether the city has established a disqualifying factor under the requirements imposed by section 6.07.032 of this article.

(f)

In making a determination of the suspension of a license under section 6.07.036 of this article, the chief of police shall consider:

Whether the required number of citations under section 6.07.036(a)(1), (2), or (3) were issued to the licensee, owner, operator, or employee of the licensee within a 12-month period of time; and

Whether the licensee, owner, operator or employee of the licensee was convicted or placed on deferred disposition or probation for the citations.

(g)

In making a determination of the revocation of a license under section 6.07.037(a)(1) of this article, the chief of police shall consider:

Whether the required number of citations under section 6.07.036(a)(1), (2), or (3) were issued to the licensee, owner, operator or employee of the licensee within a 12-month period of time;

Whether the licensee, owner, operator or employee of the licensee was convicted or placed on deferred disposition or probation for the citations; and

§ 6.07.039 Period of suspension or revocation.

Whether the license at issue has been ordered suspended for a 30-day period of time pursuant to section 6.07.039(b)(4) of this article within the preceding 12-month period of time.

(h)

In making a determination of the revocation of a license under section 6.07.037 of this article, the chief of police shall consider whether the evidence shows that the specified convictions, events or actions occurred as set forth in those sections of this article.

(2006 Code, sec. 22-48; Ordinance 10-09-853, sec. 2, adopted 9/7/10; Ordinance adopting 2015 Code)

The revocation of a license as provided for in section 6.07.037 of this article shall be for a period of 12 months.

The suspension of a license as provided for in section 6.07.036 of this article shall be as follows:

The first suspension of a license shall be for a period of three calendar days. When the chief of police is authorized to suspend a license for three calendar days, he shall notify the licensee in the notice of decision of the licensee’s opportunity to pay a reinstatement fee in the amount established in the fee schedule in appendix A of this code in lieu of the suspension. Payment of this administrative fee shall be considered, for the purposes of this subsection, the first suspension and an administrative admission of the violations. However, this shall not be used as an admission of guilt in a criminal prosecution under this article. If the licensee does not pay the reinstatement fee before the expiration of the thirtieth (30th) calendar day after notification, the licensee loses the opportunity to pay for it.

The second suspension of a license shall be for a period of seven calendar days.

The third suspension of a license shall be for a period of 15 calendar days.

§ 6.07.040 Administrative hearings and appeals.

The fourth suspension of a license shall be for a period of 30 calendar days. Except where grounds for revocation of a license exist under section 6.07.037(a)(1), each subsequent suspension of a license shall be for a period of 30 calendar days.

(2006 Code, sec. 22-49; Ordinance 10-09-853, sec. 2, adopted 9/7/10; Ordinance adopting 2015 Code)

An applicant, permit holder or licensee shall have ten calendar days from the date notice is received to request a hearing on the denial, suspension or revocation; if a hearing on the denial, suspension or revocation is not timely requested, the denial, suspension or revocation becomes final. The request shall be in writing and delivered to applicant or licensee via personal delivery, or via U.S. Postal Service, certified mail, return receipt requested. If filed by mail, the request shall be considered timely filed if the green return receipt card shows the item was properly addressed and received by the applicant, permit holder or licensee on or before the tenth calendar day from the date the applicant, permit holder or licensee received notice of intention to deny/revoke/suspend. Upon receipt of the request for hearing, a hearing before the hearing officer shall be scheduled to take place within 30 calendar days unless both parties agree to a certain date beyond the 30 days. The hearing officer shall consider only the testimony and evidence admitted for consideration at the hearing. The hearing officer shall have five business days from the date of the hearing to notify the applicant or licensee of the decision.

Standing.

Only the chief of police and the licensee, permit holder, or applicant shall have standing in an administrative revocation, suspension, or denial proceeding.

Representation by counsel.

Each party is entitled to:

The assistance of counsel, at the party’s expense, before the hearing officer; or

Expressly waive the right to assistance of counsel in writing or on the record before the hearing officer.

Status of license/permit during hearing.

While a case is pending, and prior to the final decision of the hearing officer regarding denial, revocation or suspension, a license or permit is neither valid nor effective.

Additional rules.

The following additional rules shall apply to any hearing pursuant to this article:

The city attorney, or his designated representative shall represent the chief of police.

Except upon express written agreement of all parties to the hearing, or upon showing of good cause for a period not to exceed 20 days, a hearing will not be continued.

Ex parte communications in connection with any issue of fact or law between any party and the hearing officer are strictly prohibited, except on notice and opportunity for each party to participate.

A party may request a court reporter to transcribe the hearing. The party requesting a transcript of the hearing shall bear the cost for production of the transcript.

Record.

The hearing record shall include the following:

A file stamped copy of notice of intention to deny/revoke/suspend the license/permit;

The request for a hearing and any written response to the notice of intention to deny/revoke/suspend the license or permit;

A statement of matters officially noticed;

Each decision, opinion, or report prepared by the hearing officer at the hearing;

(E)

All documents, data, and other evidence submitted to or considered by the hearing officer used in making his or her decision; and

(F)

The record shall be filed with the city secretary.

Decision of hearing officer.

If a request for a hearing has been timely filed, the hearing officer shall conduct a de novo hearing and shall make one of the following findings:

If the hearing is one for which the permit or license is subject to suspension, the hearing officer shall determine that the alleged offense occurred, and determine the severity of the offense, and shall either order a suspension pursuant to the time periods in section 6.07.039, or deny the suspension.

If the hearing officer finds that any of the conditions set forth in this article exist that would make the permit or license subject to revocation, the hearing officer shall, on the basis of the severity of the offense, either revoke the permit or license, or order a suspension pursuant to section 6.07.039.

If the hearing officer finds that any of conditions set forth in this article exist that would be grounds for denial of the license and/or permit, the hearing officer shall deny the permit or license pursuant to section 6.07.032.

If the hearing officer does not make the requisite findings, then the decision of the police chief shall be affirmed.

Notice of denial/revocation/suspension.

A final decision or order by the hearing officer shall be issued in writing, and shall:

Be provided to all parties via personal delivery or via United States Postal Service, certified mail, return receipt requested; and

Be considered timely if:

For personal delivery, a party receives the notice not later than three business days from the date on which the decision is rendered; or

For postal delivery, the decision or order is postmarked not later than three business days from the date on which the decision is rendered.

The decision by the hearing officer is effective 30 calendar days after the applicant or licensee is notified of the decision, unless a reinstatement fee under section 6.07.039(b)(1) of this article is paid (if applicable), or an appeal is made to district court.

Any act authorized by license or permit shall be unauthorized and in violation of this article upon and after the effective date of any suspension of the permit or license until the suspension expires.

Any act authorized by a permit shall be unauthorized and in violation of this article upon and after the effective date of any revocation of the permit unless and until a new permit, if any, is applied for and granted pursuant to the terms of this article. If a permit has been revoked because of crimes or activities occurring on the premises of a sexually oriented business, the owner/operator of the sexually oriented business is disqualified from receiving or holding any license or permit under this article for a period of one calendar year from the effective date of the revocation.

(E)

If a permit is suspended or revoked because of crimes or activities occurring on the premises of a sexually oriented business, each and every individual, person, or association which is an owner/operator of a sexually oriented business at the time of any suspension or revocation of the sexually oriented business for that establishment shall be considered to have had a permit suspended or revoked as if they held the permit or license in their own name for purposes of determining whether they are qualified to participate in another permit application under this article. If a permit is suspended or revoked because of crimes or activities of one or more permit holders which did not occur on the licensed premises, then only those individuals shall be considered to have had a permit suspended or revoked for purposes of determining whether they are eligible to participate in another permit application.

Upon receipt of written notice of the denial, suspension or revocation of a license or permit, the applicant whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal by filing suit in the appropriate district court within 30 calendar days after the receipt of notice of the decision of the hearing officer, as applicable. The filing of such suit shall not have the effect of staying denial, suspension or revocation for the sexually oriented business license under this article.

If the hearing officer renders a decision adverse to the chief of police, then the chief of police shall have 30 days from which the notice of denial/revocation/suspension is issued in which to file suit in the appropriate district court.

§ 6.07.041 Transfer of license; forging or altering license.

Failure to file suit shall waive and shall bar any appeal or cause of action if suit is not filed within 30 days.

(2006 Code, sec. 22-50; Ordinance 10-09-853, sec. 2, adopted 9/7/10)

A person commits an offense if the person transfers a license or permit to another person or operates a sexually oriented business under the authority of a license at any place other than the address designated on the license. A transfer of a license is deemed to have occurred if there is a transfer of more than 50 percent of the ownership or control of a sexually oriented business.