(a)
A
person commits an offense if he operates a sexually oriented business
without a valid license issued by the city for the particular type
of business.
(b)
An
application for a license must be made on a form provided by the mayor.
The application form shall be sworn to and shall:
(1)
Include the name and address of the applicant;
(2)
State whether the applicant meets each of the requirements set forth in section 4.06.042 of this article;
(3)
Include the name and address of each person required to sign the application pursuant to subsection (d) of this section, and the name, address and type of entity (if applicable) of each person or entity owned or controlled by such person that owns or controls an interest in the business to be licensed; and
(4)
Include such other matters, consistent with this article, as may
be specified in the application form.
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 (6"). Applicants who must comply with section 4.06.115 of this article shall submit a diagram meeting the requirements of section 4.06.115 of this article.
(c)
The
applicant 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 mayor.
(d)
If a person who wishes to operate a sexually oriented business is an individual, he or she 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 twenty percent (20%) or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under section 4.06.042 of this article and each applicant shall be considered a licensee if a license is granted.
(e)
Each
applicant for a sexually oriented business license shall, not later
than the 60th day before the date the application is filed for the
license, place at the proposed location an outdoor sign (at least
24 inches x 36 inches in size) which provides notification and information
specifically stating that a sexually oriented business is intended
to be located on the premises and providing the name and business
address of the applicant. All lettering on the sign must be at least
two (2) inches in size.
(2001 Code, sec. 114.04; Ordinance
adopting Code)
(a)
The
mayor shall approve the issuance of a license to an applicant within
thirty (30) days after receipt of an application unless the mayor
finds one or more of the following to be true:
(1)
An applicant is under eighteen (18) years of age.
(2)
An applicant or an applicant’s spouse it overdue in payment
to the city of taxes, fees, fines, or penalties assessed against or
imposed upon the applicant or the applicant’s spouse in relation
to a sexually oriented business.
(3)
An applicant has failed to provide information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application form.
(4)
An applicant or an applicant’s spouse has been convicted of
a violation of a provision of this article other than the offense
of operating a sexually oriented business without a license, within
two (2) years immediately preceding the application. The fact that
a conviction is being appealed shall have no effect.
(5)
The license fee required by this article has not been paid.
(6)
An applicant has been employed in a sexually oriented business in
a managerial capacity within the preceding twelve (12) months and
has demonstrated an inability to operate or manage a sexually oriented
business premises in a peaceful and law-abiding manner, thus necessitating
action by law enforcement officers.
(8)
The premises to be used for the sexually oriented businesses are
not in compliance with all applicable city laws, regulations and city
council orders.
(9)
An applicant or an applicant’s spouse has been convicted of
a crime involving:
(A)
Any of the following offenses as described in chapter 43 of the Texas
Penal Code:
(B)
For which:
(i)
Less than two (2) years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of misdemeanor offense;
(ii)
Less than five (5) years have elapsed since the date of conviction
or the date of release from confinement for the conviction, whichever
is the later date, if the conviction is of a felony offense; or
(iii)
Less than five (5) years have elapsed since the date of the
last conviction or the date of release from confinement for the last
conviction, whichever is the later date, if the convictions are of
two (2) or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any 24-month period.
(10)
An applicant or an applicant’s spouse has been convicted of
a crime involving:
(B)
For which:
(i)
Less than two (2) years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of misdemeanor offense;
(ii)
Less than five (5) years have elapsed since the date of conviction
or the date of release from confinement for the conviction, whichever
is the later date, if the conviction is of a felony offense; or
(iii)
Less than five (5) years have elapsed since the date of the
last conviction or the date of release from confinement for the last
conviction, whichever is the later date, if the convictions are of
two (2) or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any 24-month period.
(11)
An applicant or an applicant’s spouse has been convicted of
a crime:
(A)
Involving:
(i)
Sexual assault or aggravated sexual assault as described in
chapter 22 of the Texas Penal Code;
(ii)
Incest, solicitation of a child, or harboring a runaway child
as described in chapter 25 of the Texas Penal Code; or
(iii)
Criminal attempt, conspiracy, or solicitation to commit any
of the foregoing offenses;
(B)
For which:
(i)
Less than two (2) years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of misdemeanor offense;
(ii)
Less than five (5) years have elapsed since the date of conviction
or the date of release from confinement for the conviction, whichever
is the later date, if the conviction is of a felony offense; or
(iii)
Less than five (5) years have elapsed since the date of the
last conviction or the date of release from confinement for the last
conviction, whichever is the later date, if the convictions are of
two (2) or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any 24-month period.
(b)
The
fact that a conviction is being appealed shall have no effect on the
disqualification of the applicant or the applicant’s spouse.
(c)
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 may be read easily at any time.
(2001 Code, sec. 114.05)
The annual fee for a sexually oriented business license shall be as prescribed in section A4.004 of the fee schedule (appendix A of this code).
(2001 Code, sec. 114.06)
(a)
An
applicant or licensee shall permit representatives of the police department
of the city to inspect the premises of a sexually oriented business
for the purpose of ensuring compliance with the law, at any time it
is occupied or open for business.
(b)
A
person who operates a sexually oriented business or his agent or employee
commits an offense if he refuses to permit a lawful inspection of
the premises by a representative of the police department at any time
it is occupied or open for business.
(c)
The
provisions of this section do not apply to areas of an adult motel
that are currently being rented by a customer for use as a permanent
or temporary habitation.
(2001 Code, sec. 114.07)
Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in section 4.06.041. Application for renewal should be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date the expiration of the license will not be affected.
(2001 Code, sec. 114.08)
The mayor shall suspend a license for a period not to exceed
thirty (30) days if he determines that a licensee or an agent or employee
of a licensee has:
(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; or
(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.
(2001 Code, sec. 114.09)
(a)
The mayor shall revoke a license if a cause of suspension in section 4.06.046 of this article occurs and the license has been suspended within the preceding twelve (12) months.
(b)
The
mayor shall revoke a license if he determines that:
(1)
A licensee gave false or misleading information in the material submitted
to the mayor during the application process;
(2)
A licensee, an agent or an employee has knowingly allowed possession,
use, or sale of controlled substances on the premises;
(3)
A licensee, an agent or an employee has knowingly allowed prostitution
on the premises;
(4)
A licensee, an agent or an employee knowingly operated the sexually
oriented business during a period of time when the licensee’s
license was suspended;
(6)
On two (2) or more occasions within a 12-month period, a person or persons committed an offense, occurring in or on the licensed premises, of a crime listed in section 4.06.042 for which a conviction has been obtained, and the person or persons were agents or employees of the sexually oriented business and the time the offenses were committed;
(7)
A licensee or agent or an employee has knowingly allowed any act
of sexual intercourse, sodomy, oral copulation, masturbation, or sexual
contact to occur in or on the licensee’s premises. The term
“sexual contact” shall have the same meaning as it is
defined in section 21.01, Texas Penal Code; or
(8)
A licensee is delinquent in payment to the city for any ad valorem
taxes, sales taxes or other 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)
Subsection (b)(7) of this section does not apply to adult motels as a ground for revoking the license unless the licensee, agent 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.
(e)
When the mayor revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a sexually oriented business license for one (1) year from the date revocation became effective. If, subsequent to revocation, the mayor finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective. If the license was revoked under subsection (b)(5) of this section, an applicant may not be granted another license until the appropriate number of years required under section 4.06.042 has elapsed.
(2001 Code, sec. 114.10)
If the mayor denies the issuance of a license, or suspends or
revokes a license, he shall send to the applicant, or licensee, by
certified mail, return receipt requested, written notice of the action
and the right of an appeal. Upon receipt of written notice of the
denial, suspension, or revocation, the licensee whose application
has been denied or whose license has been suspended or revoked shall
have the right to appeal to the state district court. An appeal to
the state district court must be filed within thirty (30) days after
the receipt of notice of the decision. The licensee shall bear the
burden of proof in court.
(2001 Code, sec. 114.11)
A licensee shall not transfer his license 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.
(2001 Code, sec. 114.12)
