(a)
A person commits an offense if he operates or causes to operate an
adult entertainment establishment without a valid license, issued
by the town for the particular type of business.
(b)
An application for a license must be made on a form provided by the
director of public safety. 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").
(c)
The applicant must be qualified according to the provisions of this
division.
(d)
If a person who wishes to operate an adult entertainment establishment
is an individual, he must sign the application for a license as applicant.
If a person who wishes to operate an adult entertainment establishment
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 14.11.315 “license issuance” 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 town permits
does not exempt him from the requirement of obtaining a license for
an adult entertainment establishment.
(f)
The provisions of this division shall apply to existing adult entertainment
establishments beginning ninety (90) days after the effective date
of this article.
(Ordinance 17-804 adopted 5/8/17)
(a)
Any person, association, firm, partnership or corporation desiring
to obtain an adult entertainment establishment license shall make
application on a form provided by the director of public safety or
his designee.
(b)
All applications for a license under this division shall be accompanied
by a nonrefundable application fee of five hundred dollars ($500.00).
An application shall not be considered to have been filed until the
fee is paid and all information required by the application form has
been submitted.
(Ordinance 17-804 adopted 5/8/17)
(a)
The director of public safety shall approve the issuance of a license
to an applicant within thirty (30) days after receipt of an application
unless the director of public safety finds one (1) or more of the
following to be true:
(1)
The location of the adult entertainment establishment is or would
be in violation of division 3 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 eighteen (18) years of age.
(5)
An applicant or an applicant’s spouse is overdue in payment
to the town of taxes, fees, fines or penalties assessed against or
imposed upon the applicant or the applicant’s spouse in relation
to an adult entertainment establishment.
(6)
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 an adult entertainment establishment without a license,
within two (2) 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 adult entertainment
establishment owns or holds a lease for the property or the applicable
portion thereof upon which the adult establishment will be situated
or has a legally enforceable right to acquire the same.
(9)
An applicant or the proposed establishment is in violation of or
is not in compliance with section 14.11.320 “inspection and
maintenance records” or section 14.11.345 “transfer of
license” of this article.
(10)
An applicant or an applicant’s spouse has been convicted of
a crime:
(A)
Involving:
(i)
Any of the following offenses as described in chapter 43 of
the Texas Penal Code:
(iii)
Sexual assault or aggravated sexual assault as
described in chapter 22 of the Texas Penal Code;
(iv)
Incest, solicitation of a child or harboring a runaway child
as described in chapter 25 of the Texas Penal Code; or
(v)
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 the terms of probation, parole or deferred
adjudication, or the date of release from confinement imposed for
the conviction, whichever is the later date, if the conviction is
of a misdemeanor offense;
(ii)
Less than five (5) years have elapsed since the date of conviction,
or the date of release from the terms of probation, parole or deferred
adjudication, 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 twenty-four (24) month period.
(b)
The fact that conviction is being appealed shall have no effect on
the disqualification of the applicant or applicant’s spouse.
(c)
An applicant who has been convicted or whose spouse has been convicted of an offense listed in subsection (a)(10)(A) may qualify for an adult entertainment establishment license only when the time period required by subsection (a)(10)(B) has elapsed.
(d)
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 adult entertainment establishment.
(e)
The license shall be posted in a conspicuous place at or near the
entrance to the adult entertainment establishment so that it may be
easily read at any time.
(Ordinance 17-804 adopted 5/8/17)
(a)
An applicant or licensee shall permit representatives of the police
department, health department, fire department and building inspections
division to inspect the premises of an adult entertainment establishment
for the purpose of insuring compliance with the law, at any time it
is occupied or open for business.
(b)
A person who operates an adult entertainment establishment or his
agent or employee commits an offense if he operates the establishment
without maintaining a current list of all employees employed by the
business, along with a complete updated application. A valid driver’s
license, state identification card, or passport, all with a photo,
shall be required for all employment applications.
(c)
A person who operates an adult entertainment establishment 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 on for business.
(d)
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 17-804 adopted 5/8/17)
(a)
Each license shall expire one (1) year from the date of issuance.
(b)
A license may be renewed by submission to the director of public
safety or his designee of an application on the form prescribed by
such official and payment of a nonrefundable renewal processing fee
of five hundred dollars ($500.00).
(c)
Application for renewal shall be made at least thirty (30) days before
the expiration date.
(Ordinance 17-804 adopted 5/8/17)
(a)
The director of public safety shall suspend a license for a period
not to exceed thirty (30) days if he determines that a licensee or
an employee of a licensee has:
(1)
Violated or is not in compliance with section 14.11.205 “location,”
section 14.11.320(b) or section 14.11.345 “transfer of license”
of this article;
(2)
Engaged in public intoxication while on the adult entertainment establishment
premises;
(3)
Refused to allow inspection of the adult entertainment establishment
premises as authorized by this division; or
(4)
Knowingly permitted gambling by any person on the adult entertainment
establishment premises.
(b)
When the director of public safety is authorized to suspend a license
under this section, he shall give the licensee the opportunity to
pay a reinstatement fee of two hundred dollars ($200.00) rather than
have the license suspended.
(1)
Payment of this reinstatement fee shall be considered an administrative
admission to the violation. However, this shall not be used as an
admission of guilt in a criminal prosecution under this article.
(2)
If the licensee does not pay the reinstatement fee before the expiration
of the third working day after notification, he loses the opportunity
to pay it and the director of public safety shall impose the suspension.
(3)
Each day in which a violation is permitted to continue shall constitute
a separate cause for suspension.
(Ordinance 17-804 adopted 5/8/17)
(a)
The director of public safety shall revoke a license if a cause of
suspension in section 14.11.330 “suspension” occurs and
the license has been suspended or a reinstatement fee paid within
the preceding twelve (12) months.
(b)
The director of public safety shall revoke a license if he determines
that:
(1)
A licensee gave false or misleading information in the material submitted
to the director of public safety during the application process; or
(2)
A licensee or an employee has knowingly allowed possession, use or
sale of controlled substances on the premises; or
(3)
A licensee or an employee has knowingly allowed prostitution on the
premises; or
(4)
A licensee or an employee knowingly operated the adult entertainment
establishment during a period of time when the licensee’s license
was suspended; or
(5)
A licensee has been convicted of an offense listed in section 14.11.315(a)(10)
for which the time period required has not elapsed; or
(6)
On two (2) or more occasions within a twelve-month period, an employee
of the establishment committed in or on the licensed premises an offense
listed in section 14.11.315(a)(10) for which a conviction has been
obtained; or
(7)
A licensee or an employee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation or sexual contact
to occur in or on the licensed premises. The term “sexual contact”
shall have the same meaning as it is defined in section 21.01, Texas
Penal Code; or
(8)
A licensee is delinquent in payment to the town for hotel occupancy
taxes, ad valorem taxes or sales taxes related to the adult entertainment
establishment.
(c)
The fact that a conviction is being appealed shall have no effect
on the revocation of the license.
(d)
Subsection (b)(7) above does not apply to adult motels as a ground for revoking the license unless the licensee 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 director of public safety revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued an adult entertainment establishment license for one (1) year from the date revocation became effective. If, subsequent to revocation, the director of public safety 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), an applicant may not be granted another license until the appropriate number of years required under section 14.11.315(a)(10) has elapsed.
(Ordinance 17-804 adopted 5/8/17)
(a)
If the director of public safety is authorized to deny the issuance
of a license, or suspend or revoke a license, the director of public
safety shall give written notice to the applicant or licensee of such
intention.
(1)
The notice shall provide that the denial of issuance, suspension,
or revocation shall take effect at the expiration of the third working
day after notification unless the licensee provides a written response
to the director of public safety before the expiration of the third
working day.
(2)
If a written response from the applicant or licensee is received
by the director of public safety before the expiration of the third
working day, the suspension, denial of issuance or revocation will
be stayed pending a decision by the director of public safety. The
director of public safety shall review the response before the rendering
of a decision.
(3)
The director of public safety shall give written notice of this decision
to the applicant or licensee.
(4)
The decision by the director of public safety is effective immediately
and is final pending any appeal.
(5)
Notice shall be deemed delivered by hand delivery to a licensee,
owner or employee of the establishment or by a posting of the notice
at the usual business entrance of the establishment. Notice may also
be sent by certified mail, return receipt requested. Such notice shall
be mailed to the address listed in the license application for receipt
of notice.
(b)
Upon receipt of written notice of the denial, suspension or revocation,
the licensee whose application for a license has been denied or whose
license has been suspended or revoked shall have the right to appeal
to an appropriate court.
(c)
An appeal to the appropriate court must be filed within thirty (30)
days after the receipt of notice of the decision of the director of
public safety or decision of the license and amortization appeal board,
as applicable.
(d)
The licensee shall bear the burden of proof in court.
(Ordinance 17-804 adopted 5/8/17)
(a)
A person commits an offense if he transfers his license to another
person or operates an adult entertainment establishment under the
authority of a license at any place other than the address designated
in the application.
(b)
A person commits an offense if he counterfeits, forges, changes,
defaces or alters a license.
(Ordinance 17-804 adopted 5/8/17)
(a)
If the director of public safety denies the issuance of a license
to an applicant because the location of the adult entertainment establishment
is or would be in violation of section 14.11.205 “location,”
then the applicant may, not later than ten (10) calendar days after
receiving notice of the denial, file with the city secretary a written
request for an exemption from the locational restrictions.
(b)
If the written request is filed with the city secretary within the
ten (10) day limit, a license and amortization appeals board shall
consider the request. The city secretary shall set a date for the
hearing within sixty (60) days from the date the written request is
received. If a timely request is so filed the existing license is
deemed not to have expired until the decision of the board on such
request.
(c)
The board of adjustment as created by article 1.05, division 4, of this code shall serve as the license and amortization appeal board pursuant to this article. All references in this article to the license and amortization appeal board are to be construed as references to the board of adjustment. The reference in this code section 1.05.112 “powers and duties” to a license and amortization appeal board is a reference to the board described throughout this adult entertainment article.
(d)
A hearing by the board may proceed only if three (3) of the board
members or alternates are present. The board shall hear and consider
evidence offered by any interested person. The formal rules of evidence
do not apply.
(e)
The license and amortization appeal board may grant an exemption
from the locational restrictions of section 14.11.205 “location,”
if it makes the following findings:
(1)
That the location of the adult entertainment establishment will not
have a detrimental effect on nearby properties or be contrary to the
public safety or welfare;
(2)
That the location of the adult entertainment establishment will not
downgrade the property values or quality of life in the adjacent areas
or encourage the development of urban blight;
(3)
That the location of the adult entertainment establishment in the
area will not be contrary to any program of neighborhood conservation
nor will it interfere with any efforts of urban renewal or restoration;
and
(4)
That all other applicable provisions of this article will be observed.
(f)
In making the findings specified in subsection (e) above, the board shall take into account among other things:
(1)
Crime statistics of the location and its one thousand foot (1,000')
radius maintained by the appropriate law enforcement agency for the
previous six (6) month period;
(2)
County appraisal district appraisals for the location and its one
thousand foot (1,00') radius taking into account any decline or increase
in property values;
(3)
Vacancy rates of residential, commercial, or office space within
the surrounding one thousand foot (1,000') radius; and
(4)
Any evidence regarding the award or denial of any public or private
grants for neighborhood conservation, urban renewal or restoration
for any property located within a one thousand foot (1,000') radius.
(g)
The board shall grant or deny the exemption by a majority vote. Failure
to reach a majority vote approving the exemption shall result in denial
of the exemption. Disputes of fact shall be decided on the basis of
a preponderance of the evidence. The decision of the license and amortization
appeal board is final.
(h)
If the board grants the exemption, the exemption is valid for one
(1) year from the date of the board’s action. Upon the expiration
of an exemption, the adult entertainment establishment is in violation
of the locational restrictions of section 14.11.205 “location”
until the applicant applies for and receives another exemption.
(i)
If the board denies the exemption, the applicant may not reapply
for an exemption until at least twelve (12) months have elapsed since
the date of the board’s action.
(j)
The grant of an exemption does not exempt the applicant from any
provisions of this article other than the location restrictions.
(Ordinance 17-804 adopted 5/8/17)
