It is the purpose of this article to regulate sexually oriented
businesses to promote the health, safety, morals, and general welfare
of the citizens of the city, and to establish reasonable and uniform
regulations to prevent the continued concentration of sexually oriented
businesses within the city. The provisions of this article have neither
the purpose nor effect of imposing a limitation or restriction on
the content of any communicative materials, including sexually oriented
materials. Similarly, it is not the intent nor effect of this article
to restrict or deny access by adults to sexually oriented materials
protected by the First Amendment, or to deny access by the distributors
and exhibitors of sexually oriented entertainment to their intended
market.
(Ordinance 2009-0889 adopted 6/15/09)
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still or motion picture machines, projectors,
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of “specified sexual activities” or “specified
anatomical areas.”
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity or seminudity;
Live performances which are characterized by the exposure of “specified
anatomical areas” or by “specified sexual activities”;
or
Films, motion pictures, video cassettes, slides, or other photographic
reproductions which are characterized by the depiction or description
of “specified sexual activities” or “specified anatomical
areas.”
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, video cassettes, slides, or other photographic reproductions
which are characterized by the depiction or description of “specified
sexual activities” or “specified anatomical areas”;
and has a sign visible from the public right-of-way which advertises
the availability of this type of photographic reproductions;
Offers a sleeping room for rent for a period of time that is
less than ten hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than ten hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides, or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of “specified sexual activities” or “specified
anatomical areas.”
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity or seminudity or live performances which are characterized
by the exposure of “specified anatomical areas” or by “specified
sexual activities.”
The chief of police of the city or designated agent.
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or privately perform a striptease
for another person.
A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business
purposes, for a fee, tip, or other consideration.
Any of the following:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of an existing business, whether or not a sexually
oriented business, to a sexually oriented business;
The addition of any sexually oriented business to any other
existing sexually oriented business; or
The relocation of any sexually oriented business.
A person in whose name a license to operate a sexually oriented
business has been issued, as well as the individual listed as an applicant
on the application for a license.
Magazines, books, videotapes, movies, slides, CD’s,
DVD’s or other devices used to record computer images, or other
media which are distinguished or characterized by their emphasis on
matter depicting, describing, or relating to “specified sexual
activities” or “specified anatomical areas.”
An establishment that rents and/or sells sexually oriented
media, and that meets any of the following three tests:
More than forty percent (40%) of the gross public floor area
is devoted to sexually oriented media;
More than forty percent (40%) of the stock in trade consists
of sexually oriented media; or
It advertises or holds itself out in any forum as a “XXX,” “adult”
or “sex” business, or otherwise as a sexually oriented
business, other than adult cabaret, adult motion picture theater or
adult theater.
Any place where a person who appears in a state of nudity
or seminudity or displays “specified anatomical areas”
is provided to be observed, sketched, drawn, painted, sculptured,
photographed, or similarly depicted by other persons who pay money
or any other form or consideration.
The appearance of a human bare buttock, anus, male genitals,
female genitals, or female breast.
An individual, proprietorship, trust, partnership, corporation,
association, or other legal entity.
An establishment having a 20 percent or greater interest
of its stock and trade in books, magazines and other periodicals of
which such books, magazines and other periodicals are distinguished
or characterized by their emphasis on matter depicting, describing
or relating to “specified sexual activities” or “specified
anatomical areas,” or a 20 percent or greater interest in other
sexually related activities as defined by this article.
Any public or private nursery, preschool, day care center,
learning center, elementary or secondary school.
A state of dress in which clothing covers more than the genitals,
pubic region, and areola of the female breast, as well as portions
of the body covered by supporting straps or devices.
An establishment offering goods for sale or rent and that
meets any of the following tests:
It offers for sale items from any two (2) of the following categories:
sexually oriented media; lingerie; leather goods marketed or presented
in a context to suggest their use for sadomasochistic practices; sexually
oriented novelties; and the combination of such items constitute more
than ten percent (10%) of its stock in trade or occupies more than
10 percent (10%) of its floor area.
More than five percent (5%) of its stock in trade consists of
sexually oriented toys or novelties.
More than five percent (5%) of its gross public floor area is
devoted to the display of sexually oriented toys or novelties.
A business or commercial enterprise that regularly offers
for any form of consideration:
An inclusive term used to describe collectively the following
businesses: adult arcade, sexually oriented media store, adult cabaret,
adult motel, adult motion picture theater, adult theater, escort agency,
sex shop, nude model studio, or sexual encounter center.
Include:
Less than completely and opaquely covered human genitals, pubic
region, or the areola or nipple of the female breasts;
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered; and
Areas of the human anatomy included in the definition of “nudity
or state of nudity.”
Acts of human masturbation, sexual intercourse, or sodomy.
These activities include, but are not limited to the following: bestiality,
erotic or sexual stimulation with objects or mechanical devices, acts
of human analingus, cunnilingus, fellatio, flagellation, masturbation,
sadism, sadomasochism, sexual intercourse, sodomy, or any excretory
functions as part of or in connection with any of the activities set
forth above with any person on the premises. This definition shall
include apparent sexual stimulation of another person’s genitals
whether clothed or unclothed.
The increase in floor area occupied by the business by more
than 20 percent, as the floor area exists on the effective date of
the ordinance from which this article is derived.
Any of the following:
The sale, lease, or sublease of the business;
The transfer of securities or other ownership interest which
constitute a direct, indirect, legal, equitable or beneficial controlling
interest in the business, whether by sale, exchange, or similar means;
or
The establishment of a trust, gift, or other similar legal device which transfers the direct, indirect, legal, equitable or beneficial ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control to a person meeting all of the requirements of section 4.05.032, who shall have notified the chief of police of the transfer and furnished all of the information required to be submitted in an application for a license, within 60 days of the transfer.
(Ordinance 2009-0889 adopted 6/15/09)
Sexually oriented business is defined and classified as any
commercial establishment operating in the city, in whole or in part,
as any one or more of the following:
(1)
Adult
arcade;
(2)
Sexually
oriented media store;
(3)
Sex
shop;
(4)
Adult
cabaret;
(5)
Adult
motel;
(6)
Adult
motion picture theater;
(7)
Adult
theaters;
(8)
Escort
agency;
(9)
Nude
model studio; and/or
(10)
Sexual encounter center.
(Ordinance 2009-0889 adopted 6/15/09)
(a)
A
person commits an offense if the person operates or causes to be operated
a sexually oriented business within 1,000 feet of:
(b)
A
person commits an offense if such person causes or permits the operation,
establishment, substantial enlargement, or transfer of ownership or
control of a sexually oriented business located within 1,000 feet
of another sexually oriented business.
(c)
A
person commits an offense if such person causes or permits the operation,
establishment, or maintenance of more than one sexually oriented business
in the same building, structure, or portion thereof, or the increase
of floor area of any sexually oriented business in any building, structure,
or portion thereof containing another sexually oriented business.
(d)
For the purposes of subsection (a) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church or school, or to the nearest boundary of an affected public park, residential district, or residential lot.
(e)
For purposes of subsection (b) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(f)
Any sexually oriented business lawfully operating on the effective date of the ordinance from which this article is derived, that is in violation of subsections (a), (b), or (c) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed six months, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the latter established business is nonconforming.
(g)
A
sexually oriented business lawfully operating as a conforming use
is not rendered a nonconforming use by the location, subsequent to
the grant or renewal of the sexually oriented business license, of
a church, school, public park, residential district, or residential
lot within 1,000 feet of the sexually oriented business. This subsection
applies only to the renewal of a valid license, and does not apply
when an application for a license is submitted after a license has
expired or has been revoked.
(Ordinance 2009-0889 adopted 6/15/09)
(a)
If the chief of police denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of section 4.05.004, then the applicant may, not later than ten calendar days after receiving notice of the denial, file with the secretary a written request for an exemption from the locational restrictions of section 4.05.004.
(b)
If
the written request is filed with the city secretary within the ten-day
limit, then the city council shall consider the request. The city
secretary shall set a date for the hearing within 60 days from the
date the written request is received.
(c)
A
hearing by the city council may proceed if a quorum is present. The
city council shall hear and consider evidence offered by any interested
person. The formal rules of evidence do not apply.
(d)
The city council may, in its discretion, grant an exemption from the locational restrictions of section 4.05.004 if it makes the following findings:
(1)
The location of the proposed sexually oriented business will not
have a detrimental effect on nearby properties or be contrary to the
public safety or welfare.
(2)
The granting of the exemption will not violate the spirit and intent
of this article.
(3)
The location of the proposed sexually oriented business will not
downgrade the property values or quality of life in the adjacent areas
or encourage the development of urban blight.
(4)
The location of an additional sexually oriented business 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.
(5)
All other applicable provisions of this article will be observed.
(e)
The
city council shall grant or deny the exemption by a majority vote.
Failure to reach a majority vote 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 permit and license appeal council
is final.
(f)
If the city council grants the exemption, the exemption is valid for one year from the date of the city council’s action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of section 4.05.004 until the applicant applies for and receives another exemption.
(g)
If
the city council denies the exemption, the applicant may not reapply
for an exemption until at least 12 months have elapsed since the date
of the city council’s action.
(Ordinance 2009-0889 adopted 6/15/09)
(a)
An
escort agency shall not employ any person under the age of 18 years.
(b)
A
person commits an offense if such person acts as an escort or agrees
to act as an escort for any person under the age of 18 years.
(Ordinance 2009-0889 adopted 6/15/09)
(a)
A
nude model studio shall not employ any person under the age of 18
years.
(b)
A
person under the age of 18 years commits an offense if such person
appears in a state of nudity or seminudity in or on the premises of
a nude model studio. It is a defense to prosecution under this subsection
if the person under the age of 18 years was in a restroom not open
to public view or persons of the opposite sex.
(c)
A
person commits an offense if such person appears in a state of nudity
or seminudity knowingly allows another to appear in a state of nudity
or seminudity in an area of a nude model studio premises which can
be viewed from the public right-of-way.
(d)
A
nude model studio shall not place or permit a bed, sofa, or mattress
in any room on the premises, except that a sofa may be placed in a
reception room open to the public.
(Ordinance 2009-0889 adopted 6/15/09)
(a)
A
person commits an offense if such person knowingly allows a person
under the age of 18 years appear in a state of nudity or seminudity
in or on the premises of an adult theater or adult motion picture
theater.
(b)
A
person under the age of 18 years commits an offense if such person
knowingly appears in a state of nudity or seminudity in or on the
premises of an adult theater or adult motion picture theater.
(Ordinance 2009-0889 adopted 6/15/09)
(a)
Evidence
that a sleeping room in a hotel, motel, or similar commercial establishment
has been rented and vacated two or more times in a period of time
that is less than ten hours creates a rebuttable presumption that
the establishment is an adult motel as that term is defined in this
article.
(b)
A
person commits an offense if, as the person in control of a sleeping
room in a hotel, motel, or similar commercial establishment that does
not have a sexually oriented business license, such person rents or
subrents a sleeping room to a person and, within ten hours from the
time the room is rented, such person rents or subrents the same sleeping
room again.
(Ordinance 2009-0889 adopted 6/15/09)
(a)
A
person who operates or causes to be operated a sexually oriented business,
other than an adult motel, which exhibits on the premises in a viewing
room of less than 150 square feet of floor space, a film, video cassette,
or other video reproduction which depicts specified sexual activities
or specified anatomical areas, shall comply with the following requirements:
(1)
Upon application for a sexually oriented business license, the application
shall be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one or more manager’s stations, the
location of all overhead lighting fixtures and switches, which lights
are controlled with switches, and designating any portion of the premises
in which patrons will not be permitted. Only agents or employees shall
have access to light switches. A manager’s station may not exceed
32 square feet of floor area. The diagram shall also designate the
place at which the permit will be conspicuously posted, if granted.
A professionally prepared diagram in the nature of an engineer’s
or architect’s blueprint shall not be required; however, each
diagram should be oriented to the north or to some designated street
or object and should be drawn to a designated scale or with marked
dimensions sufficient to show the various internal dimensions of all
areas of the interior of the premises to an accuracy of plus or minus
six inches. The chief of police may waive the foregoing diagram for
renewal applications if the applicant adopts a diagram that was previously
submitted and certifies that the configuration of the premises has
not been altered since it was prepared.
(2)
The application shall be sworn to be true and correct by the applicant.
(3)
No alteration in the configuration or location of a manager’s
station may be made without the prior approval of the chief of police
or designee.
(4)
It is the duty of the owners and operator of the premises to ensure
that at least one agent or employee is on duty and situated in each
manager’s station at all times that any patron is present inside
the premises.
(5)
The interior of the premises shall be configured in such a manner
that there is an unobstructed view from a manager’s station
of every area of the premises to which any patron is permitted access
for any purpose excluding restrooms. Restrooms may not contain video
reproduction equipment. If the premises has two or more manager’s
stations designated, then the interior of the premises shall be configured
in such a manner that there is an unobstructed view of each area of
the premises to which any patron is permitted access for any purpose
from at least one of the manager’s stations. No viewing area
shall have a door, half-door, curtain, portal partition or other divider
unless at least one side is completely open to an adjacent public
room and a manager’s station so that the area inside is visible
to persons in the adjacent public room and a manager’s station.
The view required in this subsection must be by direct line
of sight from the manager’s station.
(6)
It shall be the duty of the owners and operator, and it shall also
be the duty of any agents and employees present in the premises to
ensure that:
(7)
The premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are
permitted access at an illumination of not less than one footcandle
as measured at the floor level.
(Ordinance 2009-0889 adopted 6/15/09)
(a)
A
person commits an offense if, in a business establishment open to
persons under the age of 17 years, he displays a book, pamphlet, newspaper,
magazine, film, or video cassette, the cover of which depicts, in
a manner calculated to arouse sexual lust or passion for commercial
gain or to exploit sexual lust or perversion for commercial gain,
any of the following:
(1)
Human sexual intercourse, masturbation, or sodomy;
(2)
Fondling or other erotic touching of human genitals, pubic region,
buttocks, or female breasts;
(3)
Less than completely and opaquely covered human genitals, buttocks,
or that portion of the female breast below the top of the areola;
or
(4)
Human male genitals in a discernible turgid state, whether covered
or uncovered.
(b)
In
this section the term “display” means to locate an item
in such a manner that, without obtaining assistance from an agent
or employee of the business establishment:
(Ordinance 2009-0889 adopted 6/15/09)
(b)
If the sexually oriented business involved is a nude model studio or sexual encounter center, then violation of section 4.05.031(a) or 4.05.004 is punishable as a class B misdemeanor.
(c)
Except as provided by subsection (b) of this section, violation of any provision of this article other than section 4.05.004, upon conviction, is punishable by a fine not to exceed $500.00 for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs.
(d)
It is a defense to prosecution under sections 4.05.031(a), 4.05.004, or 4.05.007(d) that a person appearing in a state of nudity or seminudity did so in a modeling class operated:
(1)
By a proprietary school licensed by the state, a college, junior
college, or university supported entirely or partly by taxation;
(2)
By a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation; or
(3)
In a structure:
(A)
Which has no sign visible from the exterior of the structure and
no other advertising that indicates a nude or seminude person is available
for viewing;
(B)
Where in order to participate in a class a student must enroll at
least three days in advance of the class; and
(C)
Where no more than one nude or seminude model is on the premises
at any one time.
(e)
It is a defense to prosecution under sections 4.05.031(a) or 4.05.004 that each item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political, or scientific value.
(Ordinance 2009-0889 adopted 6/15/09)
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of section 4.05.004 of this article is subject to a suit for injunction as well as prosecution for criminal violations.
(Ordinance 2009-0889 adopted 6/15/09)
Sections 4.05.004 and 4.05.005 may be amended only after compliance with the procedure required to amend a zoning ordinance. Other sections of this article may be amended by vote of the city council.
(Ordinance 2009-0889 adopted 6/15/09)
(a)
A
person commits an offense if the person 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 chief
of police. The application form shall be sworn to and shall:
(1)
Include the name and address of the applicant;
(2)
State whether or not the applicant meets each of the requirements set forth in section 4.05.032;
(3)
State whether the applicant has for a location not previously licensed
or permitted not later than the 60th day before the application is
filed, prominently posted an outdoor sign at the location stating
that a sexually oriented business is intended to be located on the
premises and providing the name and business address of the applicant
as required by section 243.0075, Texas Local Government Code;
(4)
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 controlled by such person which owns or controls an interest in the business to be licensed; and
(5)
Such other matters, consistent with this article, as may be specified
in the application form.
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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. Applicants who must comply with section 4.05.010 shall submit a diagram meeting the requirements of section 4.05.010.
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(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 health department, fire department, and building official.
(d)
If a person who wishes to operate a sexually oriented business is an individual, the person must sign an application for a license as an applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who directly or indirectly through one or more intermediaries, owns or controls a ten percent or greater interest in the business must sign and submit, as an applicant, a separate application containing all applicable information required by subsection (b) of this section. Each applicant must be qualified under section 4.05.032, and each applicant shall be considered a licensee if a license is granted.
(Ordinance 2009-0889 adopted 6/15/09; Ordinance adopting Code)
(a)
The
chief of police shall approve the issuance of a license by the assessor
and collector of taxes to an applicant or the transfer by an applicant
of all or any part of the applicant’s ownership or control of
a sexually oriented business within 30 days after receipt of an application
unless the chief of police finds one or more of the following to be
true:
(1)
An applicant is under 18 years of age.
(2)
An applicant or an applicant’s spouse is overdue in their payment
to the city of taxes, fees, fines, or penalties assessed against them
or imposed upon them 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 years immediately preceding the application. The fact that a conviction
being appealed shall have no effect.
(5)
An applicant is residing with a person who has been denied a license
by the city to operate a sexually oriented business within the preceding
12 months, or residing with a person whose license to operate a sexually
oriented business has been revoked within the preceding 12 months.
(6)
The premises to be used for the sexually oriented business are not
in compliance with applicable zoning laws or have not been approved
by the health department, fire department, and the building official
as being in compliance with applicable laws and ordinances.
(7)
The license fee required by this article has not been paid.
(9)
An applicant or an applicant’s spouse has been convicted of
a crime:
(A)
Involving:
(B)
For which:
(i)
Less than two 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 a misdemeanor
offense;
(ii)
Less than five 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 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 a combination of misdemeanor offenses occurring
within any 24-month period.
(10)
There is on-premises sale or consumption of alcohol.
(b)
The
fact that a conviction is being appealed shall have no effect on the
disqualification of the applicant or applicant’s spouse.
(c)
The
license, if granted, shall state on its face the name of the 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 easily read at any time.
(Ordinance 2009-0889 adopted 6/15/09)
The annual fee for a sexually oriented business license shall
be established by resolution of the city council.
(Ordinance 2009-0889 adopted 6/15/09)
(a)
At
any time it is occupied or open for business, an applicant or license
shall permit representatives of the police department, health department,
fire department, housing and neighborhood services department, and
building inspection division to inspect the premises of a sexually
oriented business for the purpose of ensuring compliance with the
law.
(b)
A person who operates a sexually oriented business, or whose agent or employee operates the same, commits an offense if the person or whose agent or employee refuses to permit a lawful inspection of the premises by a representative of the departments described in subsection (a) of this section at any time it is occupied or open for business.
(Ordinance 2009-0889 adopted 6/15/09)
(a)
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in section 4.05.031. Application for renewal should be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the license will not be affected.
(b)
When
the chief of police 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 chief of police finds that the basis for
denial of the renewal license has been corrected or abated, the applicant
may be granted a license if at least 90 days have elapsed since the
date the denial became final.
(Ordinance 2009-0889 adopted 6/15/09)
The chief of police shall suspend a license for a period not
to exceed 30 days if the chief of police 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.
(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.
(Ordinance 2009-0889 adopted 6/15/09)
(a)
The chief of police shall revoke a license if a cause of suspension in section 4.05.036 occurs and the license has been suspended within the preceding 12 months.
(b)
The
chief of police shall revoke a license if the chief of police determines
that:
(1)
A license gave false or misleading information in the material submitted
to the chief of police during the application process;
(2)
A licensee or an agent or employee has knowingly allowed possession,
use, or sale of controlled substances on the premises;
(3)
A licensee or an agent or employee has knowingly allowed prostitution
on the premises;
(4)
A licensee or an agent or employee knowingly operated the sexually
oriented business during a period of time when the licensee’s
license was suspended;
(5)
A licensee has been convicted of an offense listed in section 4.05.032(a)(9)(A) for which the time period required in section 4.05.032(a)(9)(B) has not elapsed;
(6)
On two or more occasions within a 12-month period, a person committed an offense occurring in or on the licensed premises of a crime listed in section 4.05.032(a)(9)(A), for which a conviction has been obtained, and the persons were agents or employees of the sexually oriented business at the time the offenses were committed;
(7)
A licensee or an agent or 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 V.T.C.A.,
Penal Code section 21.01; or;
(8)
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.
(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.
(e)
When the chief of police revokes a license, the revocation shall continue for one year, and the licensee shall not be issued a sexually oriented business license for one year from the date the revocation became effective. If, subsequent to revocation, the chief of police finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 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 4.05.032(a)(9)(B) has elapsed since the termination of any sentence, parole, or probation.
(Ordinance 2009-0889 adopted 6/15/09)
If the chief of police denies the issuance of a license, or
suspends or revokes a license, the chief of police shall send to the
applicant or licensee by certified mail, return receipt requested,
written notice of the action and the right to an appeal. The aggrieved
party may appeal the decision of the chief of police to the city council.
The filing of an appeal stays the action of the chief of police in
suspending or revoking a license until the city council makes a final
decision. If within a ten-day period the chief of police suspends,
revokes or denies issuance of any other sexually oriented business
at the same location, then the chief of police may consolidate the
request for appeals of those actions into one appeal.
(Ordinance 2009-0889 adopted 6/15/09)
A licensee, including any applicant for a license, shall not
transfer his license or all or any part of his ownership or control
of a sexually oriented business 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.
(Ordinance 2009-0889 adopted 6/15/09)
