(a)
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 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.
(b)
It is the intent of the city council that the locational regulations of section 4.06.006 of this article are promulgated pursuant to V.T.C.A., Local Government Code chapter 243, as they apply to nude model studios and sexual encounter centers only. It is the intent of the city council that all other provisions of this article are promulgated pursuant to V.T.C.A., Local Government Code chapter 51.
(2001 Code, sec. 4.701)
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 (5) 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 commercial establishment which as one of its principal
business purposes offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, slides,
or other visual representations, which depict or describe “specified
sexual activities” or “specified anatomical areas”;
or
Instruments, devices, or paraphernalia which are designed for
use in connection with “specified sexual activities.”
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity;
Live performances which are characterized by the exposure of
“specified anatomical areas” or by “specified sexual
activities”; or
Films, motion pictures, videocassettes, 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, videocassettes, 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 adult type of photographic reproductions;
Offers a sleeping room for rent for a period of time that is
less than ten (10) 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 (10) hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, 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 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 his designated agent.
A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who offers to
privately model lingerie or to 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.
Includes 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 any 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.
Any place where a person who appears in a state of nudity
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 form of consideration.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
A single-family, duplex, townhouse, multiple-family or mobile
home zoning district as defined in the zoning ordinance.
A single-family, duplex, multiple-family, or “mobile
home park, mobile home subdivision, and campground” use as defined
in the zoning ordinance.
A state of dress in which clothing covers no more than the
genitals, public region, and areola of the female breast, as well
as portions of the body covered by supporting straps or devices.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion picture theater, adult theater,
escort agency, nude model studio, or sexual encounter center.
Human genitals in a state of sexual arousal.
Includes any of the following:
The increase in floor area occupied by the business by more
than twenty-five percent (25%), as the floor area exists on April
1, 1992.
Includes any of the following:
The sale, lease, or sublease of the business;
The transfer of securities which constitute a 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 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.
(2001 Code, sec. 4.702)
(b)
If the sexually oriented business involved is a nude model studio or sexual encounter center, then violation of section 4.06.051(a) or 4.06.006 of this article is punishable as a class B misdemeanor.
(d)
It is a defense to prosecution under section 4.06.051(a), 4.06.006 or 4.06.009(d) that a person appearing in a state of nudity did so in a modeling class operated:
(1)
By a proprietary school licensed by the state; or 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 person is available for
viewing;
(B)
Where in order to participate in a class a student must enroll at
least three (3) days in advance of the class; and
(C)
Where no more than one nude model is on the premises at any one time.
(e)
It is a defense to prosecution under section 4.06.051(a) or 4.06.006 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.
(2001 Code, sec. 4.721)
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of section 4.06.006 of this article is subject to suit for injunction as well as prosecution for criminal violations.
(2001 Code, sec. 4.722)
Sexually oriented businesses are classified as follows:
(1)
Adult
arcades;
(2)
Adult
bookstores or adult video stores;
(3)
Adult
cabarets;
(4)
Adult
motels;
(5)
Adult
motion picture theaters;
(6)
Adult
theaters;
(7)
Escort
agencies;
(8)
Nude
model studios; and
(9)
Sexual
encounter centers.
(2001 Code, sec. 4.703)
(a)
A
person commits an offense if he operates or causes to be operated
a sexually oriented business within five hundred feet (500') of:
(1)
A church;
(2)
A public or private elementary or secondary school;
(3)
A boundary of a residential district as defined in this article;
(4)
A public park adjacent to a residential district as defined in this
article; or
(5)
The property line of a lot devoted to a residential use as defined
in this article.
(b)
A
person commits an offense if he causes or permits the operation, establishment,
substantial enlargement, or transfer of ownership or control of a
sexually oriented business within one thousand (1,000) feet of another
sexually oriented business.
(c)
A
person commits an offense if he 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 public or private elementary or secondary 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 (2) 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 April 1, 1992, that is in violation of subsection (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 three (3) years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (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 (2) or more sexually oriented businesses are within one thousand feet (1,000') 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 later-established business(es) is (are) 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, public or private elementary or secondary school, public
park, residential district, or residential lot within one thousand
feet (1,000') of the sexually oriented business. This provision 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 adopting Code; 2001 Code,
sec. 4.713)
(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 4.06.006 of this article, 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 of section 4.06.006.
(b)
If
the written request is filed with the city secretary within the ten
(10) day limit, the board of adjustment 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.
(c)
A
hearing by the board may proceed if a quorum is present. The board
shall hear and consider evidence offered by any interested person.
The formal rules of evidence do not apply.
(d)
The board may, in its discretion, grant an exemption from the locational restrictions of section 4.06.006 if it makes the following findings:
(1)
That 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)
That the granting of the exemption will not violate the spirit and
intent of this article of the city code;
(3)
That 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)
That 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;
and
(5)
That all other applicable provisions of this article will be observed.
(e)
The
board 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 board is final.
(1)
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 sexually oriented business is in violation of the locational restrictions of section 4.06.006 until the applicant applies for and receives another exemption.
(2)
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.
(2001 Code, sec. 4.714)
(a)
An
escort agency shall not employ any person under the age of eighteen
(18) years.
(b)
A
person commits an offense if he acts as an escort or agrees to act
as an escort for any person under the age of eighteen (18) years.
(2001 Code, sec. 4.715)
(a)
A
nude model studio shall not employ any person under the age of eighteen
(18) years.
(b)
A
person under the age of eighteen (18) years commits an offense if
he appears in a state of nudity in or on the premises of a nude model
studio. It is a defense to prosecution under this subsection if the
person under eighteen (18) years was in a restroom not open to public
view or persons of the opposite sex.
(c)
A
person commits an offense if he appears in a state of nudity or knowingly
allows another to appear in a state of nudity 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.
(2001 Code, sec. 4.716)
(a)
The
requirements and provisions of this article remain applicable to adult
theaters and adult motion picture theaters.
(b)
A
person commits an offense if he knowingly allows a person under the
age of eighteen (18) years to appear in a state of nudity in or on
the premises of an adult theater or adult motion picture theater.
(c)
A
person under the age of eighteen (18) years commits an offense if
he knowingly appears in a state of nudity in or on the premises of
an adult theater or adult motion picture theater.
(2001 Code, sec. 4.717)
(a)
Evidence
that a sleeping room in a hotel, motel, or similar commercial establishment
has been rented and vacated two (2) or more times in a period of time
that is less than ten (10) 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, he rents or subrents
a sleeping room to a person and, within ten (10) hours from the time
the room is rented, he rents or subrents the same sleeping room again.
(2001 Code, sec. 4.718)
(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 one hundred fifty (150) square feet of floor space,
a film, videocassette, 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 and
the location of all overhead lighting fixtures and designating any
portion of the premises in which patrons will not be permitted. A
manager’s station may not exceed thirty-two (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 (6) 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 his designee.
(4)
It is the duty of the owners and operator of the premises to ensure
that at least one 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 the 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 have two (2) 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. 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 the view area specified in subsection (5) remains unobstructed by any doors, walls, merchandise, display racks or other premises [materials] and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (a) of this subsection.
(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 (1.0) footcandle
as measured at the floor level.
(8)
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 the illumination described above is maintained at all
times that any patron is present in the premises.
(2001 Code, sec. 4.719)
(a)
A
person commits an offense if, in a business establishment open to
persons under the age of seventeen (17) years, he displays a book,
pamphlet, newspaper, magazine, film, or videocassette, 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 the 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 discernibly turgid state, whether covered
or uncovered.
(b)
In
this section, “display” means to locate an item in such
a manner that, without obtaining assistance from an employee of the
business establishment:
(2001 Code, sec. 4.720)
(a)
A
person commits an offense if he operates a sexually oriented business
without a valid license, issued by the city for the particular type
of business.
(b)
An application for a license must be made on a form provided by the chief of police. 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 (6) inches. Applicants who must comply with section 4.06.012 of this article shall submit a diagram meeting the requirements.
(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.
Such inspections shall be conducted by the respective departments
and officials within twenty (20) days of the date of the application.
(d)
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 twenty percent (20%) or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under section 4.06.052 and each applicant shall be considered a licensee if a license is granted.
(e)
The
fact that a person possesses a valid theater license, dance hall license,
or public house of amusement license does not exempt him from the
requirement of obtaining a sexually oriented business license. A person
who operates a sexually oriented business and possesses a theater
license, public house of amusement license or dance hall license shall
comply with the requirements and provisions of this article.
(2001 Code, sec. 4.704)
(a)
The
chief of police shall approve the issuance of a license by the city
secretary to an applicant within thirty (30) days after receipt of
an application unless he 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 his payment
to the city of taxes, fees, fines, or penalties assessed against him
or imposed upon him in relation to a sexually oriented business.
(3)
An applicant has failed to provide information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application form.
(4)
An applicant or an applicant’s spouse has been convicted of
a violation of a provision of this article, other than the offense
of operating a sexually oriented business without a license, within
two (2) years immediately preceding the application. The fact that
a conviction is being appealed shall have no effect.
(5)
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
twelve (12) months, or residing with a person whose license to operate
a sexually oriented business has been revoked within the preceding
twelve (12) months.
(6)
The premises to be used for the sexually oriented business have not
been approved by the health department, the 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.
(8)
An applicant has been employed in a sexually oriented business in
a managerial capacity within the preceding twelve (12) months and
has demonstrated that he is unable to operate or manage a sexually
oriented business premises in a peaceful and law-abiding manner, thus
necessitating action by law enforcement officers.
(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 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 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 a 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) of this section may qualify for a sexually oriented business license only when the time period required by subsection (a)(10)(B) of this section 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 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.
(2001 Code, sec. 4.705)
The annual fee for a sexually oriented business license shall
be as provided for in the fee schedule found in appendix A of this
code; provided that the city manager shall make an annual report to
the city council detailing the costs of enforcement of this article.
(2001 Code, sec. 4.706)
(a)
An
applicant or licensee shall permit representatives of the police department,
health department, fire department and building inspection 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.
(b)
A
person who operates a sexually oriented business or his agent or employee
commits an offense if he refuses to permit a lawful inspection of
the premises by a representative of the police department at any time
it is occupied or open for business.
(c)
The
provisions of this section do not apply to areas of an adult motel
which are currently being rented by a customer for use as a permanent
or temporary habitation.
(2001 Code, sec. 4.707)
(a)
Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in section 4.06.051. Application for renewal should be made at least thirty (30) days before the expiration date, [and when made less than thirty (30) days before the expiration date] the expiration for 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 (1) 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 ninety (90) days have
elapsed since the date denial became final.
(2001 Code, sec. 4.708)
The chief of police 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:
(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.
(2001 Code, sec. 4.709)
(a)
The chief of police shall revoke a license if a cause of suspension in section 4.06.056 occurs and the license has been suspended within the preceding twelve (12) months.
(b)
The
chief of police shall revoke a license if he 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 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 4.06.052(a)(10)(A) for which the time period required in section 4.06.052(a)(10)(B) has not elapsed;
(6)
On two or more occasions within a twelve (12) month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in section 4.06.052(a)(10)(A), for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed;
(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 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 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 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 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 4.06.052(a)(10)(B) has elapsed.
(2001 Code, sec. 4.710)
If the chief of police denies the issuance of a license, or
suspends or revokes a license, he shall send to the applicant or licensee,
by certified mail, return receipt requested, written notice of his
action and the right to an appeal. The aggrieved party may appeal
the decision of the chief of police to the city manager. The filing
of an appeal stays the action of the chief of police in suspending
or revoking a license until the city manager makes a final decision.
If within a ten (10) day period the chief of police suspends, revokes,
or denies issuance of a dance hall license or public house of amusement
license for the same location involved in the chief’s actions
on the sexually oriented business license, then the chief may consolidate
the requests for appeals of those actions into one appeal.
(2001 Code, sec. 4.711)
A licensee shall not transfer his license to another, nor shall
a licensee operate a sexually oriented business under the authority
of a license at any place other than the address designated in the
application.
(2001 Code, sec. 4.712)
