The following are provided for guidelines for construction,
interpretation and enforcement of this section:
(1)
It
is the purpose and intent of this section to establish reasonable
and uniform regulations relative to conduct on the premises of a sexually
oriented business so as to protect and promote the health, safety,
and general welfare of the citizens of the city and visitors thereto.
(2)
This
section intends a balance of the right of the citizens of the city
to maintain a decent moral society and, on the other hand, the right
of individuals to express themselves freely while in accordance with
the Constitution of the United States and United States Supreme Court
rulings pursuant thereto.
(3)
This
section is also intended to deter conduct and activities which, directly
or indirectly, causes or would cause adverse effects on the stability
of the immediate neighborhood and community surrounding the sexually
oriented business.
(4)
This
section has neither the purpose nor effect of imposing a limitation
or restriction on the content of any communicative materials, including
sexually oriented materials.
(5)
Similarly,
it is not the purpose or intent of this section to restrict or deny
lawful access by adults to sexually oriented materials nor to deny
access by the distributors and exhibitors of sexually oriented materials
to their intended market.
(6)
Similarly,
it is not the practice or intent of this section to impose judgment
on the content or merits of any constitutionally protected form of
speech or expression.
(7)
Operators
of sexually oriented businesses or activities are also hereby generally
charged with complying with a policy of "keep it indoors and under
control". All operators bear first line answerability, directly or
indirectly, for all users of the premises and activities conducted
thereon.
[Ord. No. 901-01, § I(a), 6-26-2001]
City enforcement personnel may issue citations for the following
offenses which occur on the premises of a sexually oriented business
at any time the establishment is occupied or open for business:
(1)
An
operator, manager, employee, entertainment personnel or other person,
including customers, commits an offense if he/she refuses to permit
or interferes with lawful inspection or enforcement activities of
city enforcement personnel on any portion of the premises or of any
aspect of the activities being conducted therein.
(2)
An
operator, manager, employee, or entertainment personnel commits an
offense if he/she refuses to furnish information or documentation
requested by city enforcement personnel pertaining to inspection or
law enforcement activities on the premises or of the activities being
conducted therein.
(3)
An
operator, manager, employee, or entertainment personnel commits an
offense if he/she knowingly maintains any portion of the premises
in a manner so as to not permit or to unreasonably interfere with
inspections or enforcement activities by city enforcement personnel.
(4)
An
operator, manager, employee or entertainment personnel commits an
offense if he/she knowingly permits or allows any customer access
to any area of the premises which has been designated as an area not
open to customers as per the floor plan approved by the police department
pursuant to this section.
(5)
An
operator commits an offense if he/she fails to maintain a person on
the premises while occupied or open for business with the authority
and responsibilities as "manager" over all of the business operation,
its activities, employees and entertainment personnel. The "operator"
and "manager" may be the same person.
(6)
An
operator commits an offense if he/she knowingly employs or engages
the service of any person under 18 years of age as an employee or
entertainment personnel for the sexually oriented business.
(7)
A person
under 18 years of age commits an offense if he/she enters or remains
within the premises of a sexually oriented business while the establishment
is open for business.
(8)
An
operator, manager, employee or entertainment personnel commits an
offense if he/she knowingly allows a person under 18 years of age
to enter or remain within the premises of a sexually oriented business
while the establishment is open for business.
(9)
A person
commits an offense if he/she appears in a "state of nudity" or engages
in "specified sexual activities" on any portion of the premises outside
the building which is capable of being viewed from a public street
or right-of-way.
(10)
An
operator commits an offense if he/she operates or allows the operation
of an internal video surveillance system of persons or activity on
the premises without prior written approval from the police department.
Internal video surveillance systems may be used only to monitor the
premises or activity for legitimate security or safety purposes upon
prior inspection and receipt of written approval from the police department,
which will not be unreasonably withheld. This subsection shall not
apply to video projection systems.
(11)
The
operator commits an offense by failing to maintain on the premises
at all times a current copy of all city ordinances regarding or regulating
sexually oriented business activity. The operator shall maintain current
copies of current ordinances so as to keep all managers, employees
and entertainment personnel duly advised of the applicable city ordinances
regarding the sexually oriented business, and its permitted as well
as prohibited activities, so as to minimize prospective violations
and offenses on the premises.
(12)
An
operator commits an offense if he/she operates a sexually oriented
business without maintaining a current registration card or file on
the premises clearly identifying all managers, employees and/or entertainment
personnel currently on the premises or employed by the business. The
information contained on the registration card shall include at least:
(13)
For the purpose of subsection 18-332(11), an employee or entertainment personnel commits an offense by:
[Ord. No. 901-01, § I(b), 6-26-2001]
In addition to those offenses set forth in section 18-332, citations may be issued for the following:
(1)
An
operator commits an offense if he/she employs for or on behalf of
an escort agency any person under 18 years of age for the purposes
of acting as an escort or providing escort services for a customer.
(2)
An
operator, manager or employee commits an offense if he/she acts as
an escort for any person under 18 years of age.
[Ord. No. 901-01, § I(c), 6-26-2001]
In addition to those offenses set forth in section 18-332, citations may be issued for the following:
(1)
An
operator commits an offense if he/she employs for or on behalf of
an outcall business any person under 18 years of age for the purposes
of acting as an outcall person or providing outcall services for a
customer.
(2)
An
operator, manager or employee commits an offense if he/she acts as
an outcall person for any customer under 18 years of age.
[Ord. No. 901-01, § I(d), 6-26-2001]
In addition to those offenses set forth in subsection 18-332(6), citations may be issued for the following:
(1)
An
operator commits an offense if he/she employs at a nude modeling business
any person under 18 years of age for the purpose of acting as a live
nude model for customers.
(2)
A person
under 18 years of age commits an offense if he/she appears for customers
while in a "state of nudity" or "simulated nudity" on the premises
of a nude modeling business.
[Ord. No. 901-01, § I(e), 6-26-2001]
In addition to those offenses set forth in section 18-332, citations may be issued for the following:
(1)
An
operator commits an offense if he/she employs a person under the age
of 18 years to appear in a "state of nudity" or "simulated nudity"
for customers on the premises of an adult theater or adult motion
picture theater.
(2)
A person
under the age of 18 years commits an offense if he/she appears in
"a state of nudity" or "simulated nudity" for customers on the premises
of an adult theater or an adult motion picture theater.
[Ord. No. 901-01, § I(f), 6-26-2001]
In addition to those offenses set forth in section 18-332, an operator, manager or the person otherwise in control of a sleeping room in a hotel, motel, or similar commercial establishment, commits an offense if he/she rents or subrents a sleeping room to a person and, within ten hours from the time the room is first rented, he/she rents or subrents the same sleeping room again.
[Ord. No. 901-01, § I(g), 6-26-2001]
(a)
City
enforcement personnel may issue citations for violations of this section.
(b)
When
a citation is issued, the person to whom the citation is issued shall
within ten days make appropriate arrangements in the city's municipal
courts to either plead guilty, plead no contest or request a docket
setting.
(c)
Any
person who commits an offense under this section, as amended, shall
be charged by written citation with a class "C" misdemeanor criminal
offense, and upon conviction thereof shall be fined an amount not
to exceed $500.00 for each offense.
(d)
In
the event that an act or omission as set forth in this section as
an "offense" also constitutes a criminal offense chargeable as a class
"A" or class "B" misdemeanor, or as any type of felony offense as
provided by the laws of the State of Texas, then city police department
officers may also take appropriate action for the enforcement of said
violations.
[Ord. No. 901-01, § I(h), 6-26-2001]
The following terms shall, for the purposes of this section,
have the meanings set forth below. The following terms are not necessarily
mutually exclusive as one sexually oriented business operation may
provide more than one form of activity, entertainment or merchandise.
means 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 an emphasis on
matters exhibiting, depicting or describing "specified sexual activities"
or "specified anatomical areas" as defined herein.
shall mean a commercial establishment which regularly offers
for sale or rental any one or more of the following:
Books, magazines, periodicals or other printed matter, photographs,
films, motion pictures, video cassettes or video reproductions, slides,
digital video discs, laser discs, computer software or other digital
media, or other visual representations which are distinguished or
characterized by an emphasis on matters exhibiting, depicting or describing
"specified sexual activities" or "specified anatomical areas"; or
Instruments, devices, or paraphernalia which are designed for
use in connection with "specified sexual activities." This does not
include items used for conception control or for protection from sexually
transmitted diseases.
means a nightclub, bar, lounge, or similar commercial establishment
which provides or features to customers live performances by employees
or entertainment personnel which are distinguished or characterized
by any one or more of the following:
means a hotel, motel or similar commercial establishment
which rents or otherwise permits a room to be occupied in exchange
for any form of consideration, and also:
Offers accommodations to the tenant or occupier of the room
for any television transmissions, films, motion pictures, video cassettes,
slides, or other photographic reproductions which are distinguished
or characterized by an emphasis on matters exhibiting, depicting or
describing "specified sexual activities" and/or "specified anatomical
areas"; and has a sign visible from the public right-of-way or otherwise
advertises the availability of this type of adult accommodations to
the public; or
Offers a sleeping room(s) 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.
Evidence that a sleeping room in a hotel, motel or similar commercial
establishment has been rented and vacated two or more times in less
than a ten-hour period creates a rebuttable presumption that the establishment
is operated as an adult motel.
means a commercial establishment which regularly features
non-live performances or entertainment such as films, motion pictures,
video cassettes, slides, or similar photographic reproductions which
are distinguished or characterized by an emphasis on matters exhibiting,
depicting or describing "specified sexual activities" and/or "specified
anatomical areas".
means a theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity, or features live performances which are distinguished or
characterized by an emphasis on the exposure of "specified anatomical
areas" or by an emphasis on "specified sexual activities".
means the chief of the Richland Hills Police Department or
the chief's designee.
means an authorized representative of any of the following
departments or divisions:
means any person who:
Enters the premises of and patronizes a sexually oriented business,
whether or not in return for the payment of an admission fee or any
other form of consideration, gratuity or as a guest of a member; or
Purchases, rents, receives or otherwise partakes of any sexually
oriented merchandise, goods, entertainment or other services while
on the premises.
means any person working on the premises of a sexually oriented
business who receives any form of compensation, including tips or
gratuities, from the operator, manager, customers, other employees
or entertainment personnel and in exchange therefor:
Renders any work, service, performance, or exhibition whatsoever,
directly or indirectly, to or for a customer; or
Renders any other support service whatsoever, directly or indirectly,
for or on behalf of the furtherance of the business operations; and
Shall include but is not necessarily limited to bartenders,
bouncers, cashiers, dancers, disc jockeys, doormen, escorts, hosts,
hostesses, models, masseurs, outcall persons, strippers, waiters,
waitresses, or other persons working on or about the premises.
means any person, including persons traditionally regarded
as "independent contractors", who receives any form of compensation,
including tips or gratuities, from the operator, customers, employees
or other entertainment personnel and in exchange therefor:
Renders any live entertainment, service, performance or exhibition
whatsoever, directly or indirectly, to or for a customer for the furtherance
of the business operation; and
Shall include but is not necessarily limited to bartenders,
cashiers, dancers, disc jockeys, escorts, hosts, hostesses, models,
outcall persons, strippers, waiters, waitresses, or other persons
working in the furtherance of the business operation.
means a commercial venture that provides employees or entertainment
personnel who, in exchange for a fee, commission, tip or other consideration
"dates" a customer, but shall not include persons engaged in legitimate,
nonsexually oriented activities or services such as licensed private
nurses, licensed physical therapists, registered massage therapists,
aides for the elderly or handicapped, social secretaries, or similar
persons whose business or service relationship with their patron is
not characterized by sexually oriented activities.
means any method by which a person utilizes his or her hands,
feet or an instrument for treating superficial parts of a customer's
body for medical, hygienic, exercise, entertainment, relaxation, or
stimulation purposes by rubbing, stroking, kneading, tapping, pounding
or vibrating.
means any establishment where an employee or entertainment
personnel performs a massage or "specified sexual activities" while
appearing in a "state of nudity," "simulated nudity," or while displaying
"specified anatomical areas," and is also allowed to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted
to customers.
means any establishment where an employee or entertainment
personnel appears in a "state of nudity," "simulated nudity," or displays
"specified anatomical areas," and is also provided or allowed to be
observed, sketched, drawn, painted, sculptured, photographed, or similarly
depicted to customers.
means appearing while any of the following portions of the
human body are less than completely and opaquely covered:
Genitals, whether or not in a state of sexual arousal; or
Pubic region or pubic hair; or
Buttock(s); or
The portions of the female breast(s) beginning from a point
immediately above the top of the areola and continuing downward to
the lowest portion of the breast(s); or
Any combination of the above.
means to cause to function or to put or keep in operation.
means:
The person(s) in whose name a valid sexually oriented business
license has been issued for a sexually oriented business pursuant
to this section;
The person(s) in whose name a sexually oriented business license
would be required in order to lawfully operate a sexually oriented
business pursuant to this section; or
The person(s) who operates or causes to be operated any form
of sexually oriented business which is subject to regulation by this
section.
means a commercial venture that provides employees or entertainment
personnel who, in exchange for a fee, commission, tip or other consideration,
goes to the location requested by the customer and while there:
Privately models lingerie or other intimate wearing apparel;
or
Privately performs a strip tease; or
Privately performs a nude modeling session; or
Bathes or massages the customer;
But shall not include persons otherwise engaged in legitimate,
nonsexually oriented activities or services such as licensed private
nurses, licensed physical therapists, registered massage therapists,
aides for the elderly or handicapped, social secretaries, or similar
persons whose business or service relationship with their patron is
not characterized by sexually oriented business activities.
means any individual, proprietorship, partnership, corporation,
association, or other legal entity.
for the purpose of determining whether a business is subject
to this section shall mean and include any non-live sexually oriented
retail sale or rental business activity which amounts to 35 percent
or more of the total business operation at a particular location.
The 35-percent criteria may be determined by percentages of floor
space utilized, inventory of items for sale or rental, display areas,
presentation time of entertainment or performances, or gross revenue
of the business as measured over any continuous 90-day period. However,
the 35-percent criteria shall not apply to any sexually oriented businesses,
featuring or offering any form of live performances, entertainment,
modeling or other live activity as all such live activity is subject
to this section.
means offering, featuring, promoting or advertising a happening,
occurrence or activity on a recurring basis or at a fixed intervals,
or as a customary and regular aspect of the business.
means the act of permitting a room or other portion of the
premises to be occupied in exchange for any form of consideration.
shall mean and include any commercial venture whose operations
include:
The providing, featuring or offering of employees or entertainment
personnel who appear on the premises while in a state of nudity or
simulated nudity and provide live performances or entertainment for
customers; or
As a "principal business operation" as defined herein, (35 percent
or more) provides, features or offers non-live, sexually explicit
entertainment, materials, or items for sale or rental to customers;
or provides or offers a service or exhibition of materials or items
which are intended to provide sexual stimulation or sexual gratification
to its customers, said materials or items being distinguished by or
characterized by an emphasis on subject matter depicting, describing
or relating to "specified sexual activities" and/or "specified anatomical
areas"; and
Shall include but is not limited to any form of sexually oriented
business, adult arcade, adult bath, adult bookstore, adult video store,
adult cabaret, adult entertainment cabaret, adult motel, adult motion
picture theater, adult theater, nude modeling business, massage parlor
offering massage by nude employees, nude modeling studio, adult wrestling
establishment, adult out-call establishment, escort agencies, sexually
oriented encounter center, or other business establishment conducting
sexually oriented activity as defined or regulated herein.
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The term sexually oriented business shall not
be construed to include:
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(1)
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An otherwise lawfully operating retail business which does not
offer or feature sexually explicit merchandise or material for sale
or rental to customers as a "principal business operation" (35 percent
or less) and does not offer or feature any form of live sexually oriented
entertainment;
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(2)
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Any clothing business offering wearing apparel for sale to customers
but which does not exhibit merchandise on live models;
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(3)
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A bar, nightclub or lounge that occasionally promotes a swimsuit
or similar contest in which the contestants do not appear "nude" or
in "a state of nudity";
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(4)
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Any medical practice operated by or employing licensed psychologists,
physicians, physical therapists, registered nurses, chiropractors,
or athletic trainers engaged in practicing the healing arts; or
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(5)
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Any educational courses conducted at a proprietary school licensed
by the State of Texas; or conducted by a private college or university
which maintains and operates educational programs in which credits
are transferable to a junior college, college or university licensed
by the State of Texas, and where in order to participate in a class
a student must enroll at least three days in advance of the class
and where no more than one nude model appears before the class at
any one time.
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means a commercial enterprise that offers physical activities,
contact, wrestling or tumbling between male and female persons, or
between persons of the same sex, when one or more of the persons is
in a "state of nudity" or "simulated nudity" and the activity is intended
to provide sexual stimulation or sexual gratification to its customers.
means any variety of live or non-live performances or exhibitions
which are distinguished or characterized by an emphasis on matters
exhibiting, depicting, or engaging in "specified sexual activities",
or while exposing "specified anatomical areas," or which provides
sexual gratification or sexual stimulation to customers.
means a state of dress in which any artificial device or
covering is worn on a person and exposed to view so as to simulate
an actual "state of nudity".
means the following portions of the human body:
Genitals, whether or not in a state of sexual arousal;
Pubic region or pubic hair;
Buttock(s);
The portions of the female breast(s) beginning from a point
immediately above the top of the areola and continuing downward to
the lowest portion of the breast(s); or
Any combination of the above.
means and includes one of more of the following:
The fondling, massaging or other erotic touching or stimulation
of "specified anatomical areas";
Normal or perverted sexual activity, actual or simulated, including
intercourse, oral copulation, or sodomy;
Masturbation, actual or simulated; or
Excretory functions as part of or in conjunction with any of
the activities above.
[Ord. No. 901-01, § I(i), 6-26-2001]
No person may operate or cause to operate a sexually oriented
business without a valid license, issued by the city for that particular
type of business. The applicant must be licensed according to the
provisions of this section. The fact that a person possesses other
types of state or city permits does not exempt the person from the
requirement of obtaining a license for a sexually oriented business.
[Ord. No. 901-01, § I(j), 6-26-2001]
An application for a license must be made on a form provided by the chief of police. The application for a license 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. The sketch must clearly delineate any area of the premises which is not open to customers. An application shall not be considered to have been filed until all information required by the application form has been submitted. If a person who wishes to operate a sexually oriented business is an individual, he 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 18-342 and each applicant shall be considered a licensee if a license is granted.
[Ord. No. 901-01, § I(k), 6-26-2001]
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 adult entertainment establishment is or would be in
violation of section 90-391 of the zoning ordinance.
(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 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 of a violation
of a provision of this section, 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 is being appealed
shall have no effect on the denial of a license.
(7)
The
application or renewal 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 is in violation of or is not
in compliance with any other provisions of this section.
(10)
An
applicant is the subject of an order from a court of competent jurisdiction
or an automatic statutory requirement to register as a sex offender
for the remainder of the lifetime of the applicant.
(11)
An
applicant or an applicant's spouse has been convicted of a crime:
a.
Involving:
1.
Any of the following offenses as described in V.T.C.A., Penal Code
ch. 43:
(i)
Prostitution;
(ii)
Promotion of prostitution;
(iii)
Aggravated promotion of prostitution;
(iv)
Compelling prostitution;
(v)
Obscenity;
(vi)
Sale, distribution, or display of harmful material to a minor;
(vii)
Sexual performance by a child;
(viii)
Possession or promotion of child pornography; and/or
(ix)
Employment harmful to children.
4.
Prohibited sexual conduct or harboring a runaway child as described
in V.T.C.A., Penal Code ch. 25.
5.
Criminal attempt, conspiracy, or solicitation to commit any of the
foregoing offenses.
6.
Any other Penal Code offense which includes one of the above-listed
offenses either as a component, an element or a lesser-included offense.
b.
For
which:
1.
Less than two 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; or
2.
Less than five 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 felony offense; or
3.
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.
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The fact that a conviction of the applicant or applicant's spouse
is being appealed shall have no effect on the disqualification. An
applicant who has been convicted or whose spouse has been convicted
of an offense listed in this section may qualify for a sexually oriented
business license only when the time period required by this section
has elapsed. The license, if granted, shall state on its face the
name of the person or persons to whom it is granted, the expiration
date, and the address of the sexually oriented business. The license
shall be posted in a conspicuous place at or near the entrance to
the sexually oriented business so that it may be easily read, at any
time.
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[Ord. No. 901-01, § I(l), 6-26-2001]
An applicant or licensee shall permit representatives of the
police department, health department, fire department, and building
inspections division to inspect the premises of a sexually oriented
business for the purpose of insuring compliance with the law, at any
time it is occupied or open for business. A person who operates a
sexually oriented business 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 update
application. A valid driver's license, state identification card,
or passport, all with a photo, shall be required for all applications.
[Ord. No. 901-01, § I(m), 6-26-2001]
Each license shall expire on December 31 of each year. A license
may be renewed by submission to the chief of police of an application
on the form prescribed by the chief of police. Applications for renewal
shall be made at least 30 days before the expiration date of the license.
[Ord. No. 901-01, § I(n), 6-26-2001]
The chief of police shall suspend a license for a period not
to exceed 30 days if the chief determines that a licensee or an employee
of a licensee has:
(a)
Violated
or is not in compliance with this section;
(b)
Engaged
in public intoxication while on the sexually oriented business premises;
(c)
Refused
to allow an inspection of the sexually oriented business premises
as authorized by this article; or
(d)
Knowingly
permitted gambling by any person on the sexually oriented business
premises.
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When the chief of police is authorized to suspend a license
under this section, the chief shall give the licensee the opportunity
to pay a reinstatement fee, rather than have the license suspended.
Payment of this reinstatement fee shall be considered an administrative
admission of the violation. 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 third working day after notification, he loses the opportunity
to pay it and the chief of police shall impose the suspension. Each
day in which a violation is permitted to continue shall constitute
a separate cause for suspension.
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[Ord. No. 901-01, § I(o), 6-26-2001]
The chief of police shall revoke a license if a cause of suspension in subsection 18-345 occurs and the license has been suspended or a reinstatement fee paid within the preceding two months. The chief of police shall revoke a license if the chief determines that:
(1)
A licensee
gave false or misleading information in the material submitted to
the chief of police during the application process;
(2)
A licensee
or an employee has knowingly allowed possession, use, or sale of controlled
substances on the premises;
(3)
A licensee
or an employee has knowingly allowed prostitution on the premises;
(4)
A licensee
or an employee knowingly operated a 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 18-343 for which the time period required has not elapsed;
(6)
On two or more occasions within a 12-month period, an employee of the establishment committed in or on the licensed premises an offense listed in section 18-343 for which a conviction has been obtained;
(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 V.T.C.A., Penal Code § 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.
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The fact that a conviction is being appealed shall have no effect on the revocation of the license. Subsection 18-346(7) does not apply to adult motels as grounds 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. 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 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 18-346(5), an applicant may not be granted another license until the appropriate number of years required under subsection 18-342(11)b. has elapsed.
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[Ord. No. 901-01, § I(p), 6-26-2001]
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 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
chief of police before the expiration of the third working day.
(2)
If
a written response from the applicant or licensee is received by the
chief of police before the expiration of the third working day, the
suspension, denial of issuance, or revocation will be stayed pending
a decision by the chief of police. The chief of police shall review
the response before rendering a decision.
(3)
The
chief of police shall give written notice of such decision to the
applicant or licensee.
(4)
The
decision by the chief of police is effective immediately and 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.
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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. An appeal to the appropriate
court must be filed within 30 days after the receipt of notice of
the decision of the chief of police or decision of the license appeal
board, as applicable. The licensee or applicant shall bear the burden
or proof in court.
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[Ord. No. 901-01, § I(q), 6-26-2001]
No person shall transfer his license to another person or operate
a sexually oriented business under the authority of a license at any
place other than the address designated in the application. No person
shall counterfeit, forge, change, deface, or alter a license in any
way.
[Ord. No. 901-01, § I(r), 6-26-2001]
