(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 city secretary. 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 4.07.067 of this article (regulations pertaining to exhibition of sexually explicit films or videos) shall submit a diagram meeting the requirements of section 4.07.067.
(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 authorized building official.
(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 (20) percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under section 4.07.032 (issuance), and each applicant shall be considered a licensee if a license is granted.
(Ordinance adopting Code)
The authorized law enforcement official shall approve the issuance of a license by the collector of taxes to an applicant within thirty (30) days after the receipt of an application unless he finds one (1) or more of the following to be true:
(1) 
An applicant is under eighteen (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) 
The premises to be used for the sexually oriented business have not been approved by the health department and the building official as being in compliance with the applicable laws and ordinances.
(6) 
The license fee required by this article has not been paid.
(7) 
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.
(8) 
An applicant or the proposed establishment is in violation of or is not in compliance with:
(A) 
Section 4.07.034 (inspections).
(B) 
Section 4.07.039 (transfer of license).
(C) 
Section 4.07.061 (location of sexually oriented businesses).
(D) 
Section 4.07.063 (additional regulations for escort agencies).
(E) 
Section 4.07.064 (additional regulations for nude model studios).
(F) 
Section 4.07.065 (additional regulations for adult theaters and adult motion picture theaters).
(G) 
Section 4.07.066 (additional regulations for adult motels).
(H) 
Section 4.07.067 (regulations pertaining to exhibition of sexually explicit films or videos).
(I) 
Section 4.07.068 (display of sexually explicit material to minors).
(9) 
(A) 
An applicant or an applicant’s spouse has been convicted of a crime involving:
(i) 
Any of the following offenses as described in V.T.C.A., Penal Code ch. 43: prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution, or display of harmful materials to a minor, sexual performance by a child, employment harmful to minors, possession of child pornography;
(ii) 
Any of the following offenses as described in V.T.C.A., Penal Code ch. 21: public lewdness, indecent exposure, indecency with a child;
(iii) 
Sexual assault or aggravated sexual assault as described in V.T.C.A., Penal Code ch. 22;
(iv) 
Incest, solicitation of a child, or harboring a runaway child as described in V.T.C.A., Penal Code ch. 25; 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 the 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-month period.
(10) 
The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant’s spouse.
(11) 
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 lapsed.
(12) 
The license, if granted, shall state on its face the name of the person 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 adopting Code)
The annual fee for a sexually oriented business shall be as established by city council.
(Ordinance adopting Code)
(a) 
An applicant or licensee shall permit representatives of the sheriff’s department, health department, fire department, and building inspection department to inspect the premises of a sexually oriented business for the purpose of ensuring 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, fire, health and building inspection 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.
(Ordinance adopting Code)
(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 4.07.031. 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 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 (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.
(Ordinance adopting Code)
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 has:
(1) 
Violated or is not in compliance with:
(A) 
Section 4.07.034 (inspections);
(B) 
Section 4.07.039 (transfer of license);
(C) 
Section 4.07.061 (location of sexually oriented businesses);
(D) 
Section 4.07.063 (additional regulations for escort agencies);
(E) 
Section 4.07.064 (additional regulations for nude model studios);
(F) 
Section 4.07.065 (additional regulations for adult theaters and adult motion picture theaters);
(G) 
Section 4.07.066 (additional regulations for adult motels);
(H) 
Section 4.07.067 (regulations pertaining to exhibition of sexually explicit films or videos);
(I) 
Section 4.07.068 (display of sexually explicit material to minors);
(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; or
(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 adopting Code)
(a) 
The chief of police shall revoke a license if a cause of suspension in section 4.07.036 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 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 any 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 4.07.032 for which the time period of that section has not lapsed;
(6) 
On two (2) or more occasions within a twelve-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in section 4.07.032 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 V.T.C.A., Penal Code section 21.01; or
(8) 
A licensee is delinquent in payment to the city for ad valorem taxes, assessments 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 (a)(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 (1) 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 (a)(5) of this section, an applicant may not be granted another license until the appropriate number of years required under section 4.07.032 has elapsed.
(Ordinance adopting Code)
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 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.
(Ordinance adopting Code)
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.
(Ordinance adopting Code)