(a)
A
person commits an offense if the person operates or causes to operate
a sexually oriented business without a valid license, issued by the
city for the particular classification of sexually oriented business.
A separate license is required for each sexually oriented business.
A sexually oriented business license shall be issued only for the
one sexually oriented business use listed on the application. Any
change in the type of sexually oriented business use shall invalidate
the sexually oriented business license and require the licensee to
obtain a new license for the change in use. The establishment or maintenance
of more than one sexually oriented business in the same building,
structure or portion thereof is prohibited.
(b)
Any
person, association, firm, partnership or corporation desiring to
obtain a sexually oriented business license shall make application
on a form provided by the chief of police. The completed application
for a sexually oriented business shall contain the following information
and be accompanied by the following documents:
(1)
If the applicant is:
(A)
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;
(B)
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
(C)
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.
(3)
Whether the applicant, or a person residing with the applicant, has been convicted of a criminal activity listed under section 5.05.032 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.
(4)
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.
(5)
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.
(6)
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.
(7)
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 5.05.005(b) and (c) within 1,000 feet of the property where the proposed sexually oriented business will be located.
(c)
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 request from the Federal Bureau of Investigations (FBI) an Identity
History Summary available at https://www.edo.cjis.gov or another similar background check
from other appropriate state and federal agencies. The applicant shall
pay all fees and costs associated with such request for criminal history.
(d)
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 5.05.031, 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 of the city. 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 5.05.032 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.
(i)
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.
(Ordinance 2018-03-05, sec. 31,
adopted 3/20/18)
(a)
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:
(1)
The location of the sexually oriented business is or would be in violation of section 5.05.005 of this article.
(2)
The applicant failed to supply all of the information requested on
the application.
(3)
The applicant gave false, fraudulent or untruthful information on
the application.
(4)
An applicant is under 18 years of age.
(5)
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.
(6)
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.
(7)
The license fee required by this 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 5.05.034 or section 5.05.041, 5.05.102(h), 5.05.107(a)(1), 5.05.107(a)(5), 5.05.108(a)(1) and 5.05.108(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:
(A)
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
(B)
Any of the below offenses of the state or criminal attempt, conspiracy,
or solicitation to commit same:
(C)
For which (regarding subsections (a)(10)(A) and (B) of this section):
(i)
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;
(ii)
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
(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 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 Local
Government Code, section 243.075 regarding the posting of an outdoor
sign.
(b)
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.
(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.
(d)
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.
(Ordinance 2018-03-05, sec. 32,
adopted 3/20/18)
(a)
The
annual fee for a sexually oriented business license shall be in an
amount as established in the city’s adopted fee schedule, as
amended.
(b)
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.
(Ordinance 2018-03-05, sec. 33,
adopted 3/20/18)
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(Ordinance 2018-03-05, sec. 34,
adopted 3/20/18)
(a)
Each
license shall expire one year after the date of issuance.
(b)
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.
(c)
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 5.05.032 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 5.05.032 of this article.
(Ordinance 2018-03-05, sec. 35,
adopted 3/20/18)
(a)
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:
(b)
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 5.05.040, the period of suspension begins the day after all appeals are final.
(c)
Each
day in which a violation is permitted to continue shall constitute
a separate violation for purposes of suspension.
(Ordinance 2018-03-05, sec. 36,
adopted 3/20/18)
(a)
The
chief of police may revoke a sexually oriented business license:
(1)
If a cause of suspension in section 5.05.036 occurs and the license has been ordered suspended by the chief of police for a 30-day period pursuant to section 5.05.039(b)(4) within the preceding year;
(2)
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):
(A)
Any offenses as described in Texas Penal Code, chapter 43 including:
(C)
Sexual assault or aggravated sexual assault as described in Texas
Penal Code, chapter 22;
(D)
Incest, solicitation of a child or harboring a runaway child and
other offenses contained in Texas Penal Code, chapter 25; or
(3)
If a licensee, owner or operator gave false or misleading information
in the material submitted to the chief of police during the application
process;
(4)
If a licensee, owner or operator has knowingly allowed possession,
use or sale of a controlled substance on the premises;
(5)
If a licensee, owner or operator has on two (2) or more occasions
knowingly allowed prostitution on the premises;
(6)
If a licensee, owner or operator knowingly operated the sexually
oriented business during a period of time when the licensee’s
license was suspended;
(7)
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 Texas Penal Code, section 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 Texas Criminal Procedure Code, chapter 62;
(10)
If a license is transferred in violation of section 5.05.041(a).
(b)
The
fact that a conviction is being appealed shall have no effect on the
revocation of the license.
(c)
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.
(Ordinance 2018-03-05, sec. 37,
adopted 3/20/18)
(a)
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.
(b)
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:
(c)
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 5.05.040(a) of this article.
(d)
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 5.05.032 of this article and/or whether the city has established a disqualifying factor under the requirements imposed by section 5.05.032 of this article.
(f)
In making a determination of the suspension of a license under section 5.05.036 of this article, the chief of police shall consider:
(1)
Whether the required number of citations under section 5.05.036(a)(l),
(2), or (3) were issued to the licensee, owner, operator, or employee
of the licensee within a 12-month period of time; and
(2)
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
5.05.037(a)(l) of this article, the chief of police shall consider:
(1)
Whether the required number of citations under section 5.05.036(a)(l),
(2), or (3) were issued to the licensee, owner, operator or employee
of the licensee within a 12-month period of time;
(2)
Whether the licensee, owner, operator or employee of the licensee
was convicted or placed on deferred disposition or probation for the
citations; and
(3)
Whether the license at issue has been ordered suspended for a 30-day period of time pursuant to section 5.05.039(b)(4) of this article within the preceding 12-month period of time.
(Ordinance 2018-03-05, sec. 38,
adopted 3/20/18)
(a)
The revocation of a license as provided for in section 5.05.037 of this article shall be for a period of 12 months.
(b)
The suspension of a license as provided for in section 5.05.036 of this article shall be as follows:
(1)
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 adopted by the city
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.
(2)
The second suspension of a license shall be for a period of seven
calendar days.
(3)
The third suspension of a license shall be for a period of 15 calendar
days.
(4)
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 5.05.037(a)(l), each subsequent suspension of a license shall
be for a period of 30 calendar days.
(Ordinance 2018-03-05, sec. 39,
adopted 3/20/18)
(a)
An
applicant, permit holder or licensee shall have ten (10) 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 thirty (30) calendar days unless both parties agree to a certain
date beyond the thirty (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.
(1)
Standing.
Only the chief of police and the licensee,
permit holder, or applicant shall have standing in an administrative
revocation, suspension, or denial proceeding.
(3)
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.
(4)
Additional rules.
The following additional rules shall
apply to any hearing pursuant to this article:
(A)
The city attorney, or his designated representative shall represent
the chief of police.
(B)
Except upon express written agreement of all parties to the hearing,
or upon showing of good cause for a period not to exceed twenty (20)
days, a hearing will not be continued.
(C)
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.
(D)
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.
(5)
Record.
The hearing record shall include the following:
(A)
A file stamped copy of notice of intention to deny/revoke/suspend
the license/permit;
(B)
The request for a hearing and any written response to the notice
of intention to deny/revoke/suspend the license or permit;
(C)
A statement of matters officially noticed;
(D)
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 administrator.
(6)
Decision of hearing officer.
(A)
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:
(i)
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 5.05.039, or deny the suspension.
(ii)
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 5.05.039.
(B)
If the hearing officer does not make the requisite findings, then
the decision of the police chief shall be affirmed.
(7)
Notice of denial/revocation/suspension.
(A)
(B)
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 5.05.039(b)(1) of this article is paid (if applicable), or an appeal is made to district court.
(C)
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.
(D)
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.
(b)
(1)
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 thirty (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.
(2)
If the hearing officer renders a decision adverse to the chief of
police, then the chief of police shall have thirty (30) calendar days
from which the notice of denial/revocation/suspension is issued in
which to file suit in the appropriate district court.
(3)
Failure to file suit shall waive and shall bar any appeal or cause
of action if suit is not filed within thirty (30) calendar days.
(Ordinance 2018-03-05, sec. 40,
adopted 3/20/18)
(a)
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 fifty percent (50%) of the ownership
or control of a sexually oriented business.
(b)
A
person commits an offense if the person counterfeits, forges, changes,
defaces or alters a license.
(Ordinance 2018-03-05, sec. 41,
adopted 3/20/18)
