(a) A
person commits an offense if he/she operates a sexually oriented business
without a valid license, issued by the city for the particular type
of business.
(b) The
applicant must be qualified according to the provisions of this article.
(c) If a person who wishes to operate a sexually oriented business is an individual, he/she must fully execute the application for a license. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten percent (10%) or greater interest in the business must sign the application for a license. Each applicant must be qualified under section
4.09.032 and each applicant shall be considered a licensee if a license is granted.
(Ordinance adopting 1993 Code; 1993
Code, sec. 4.305)
(a) The
city manager shall approve the issuance of a license to an applicant
within thirty (30) days after receipt of an application unless he/she
finds one 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 payment
to the city of taxes, fees, fines, or penalties assessed against or
imposed upon the applicant or applicant’s spouse 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 license fee required has not been paid.
(6) 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/she 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 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:
b.
Promotion of prostitution;
c.
Aggravated promotion of prostitution;
f.
Sale, distribution, or display of harmful material to minor;
g.
Sexual performance by a child;
h.
Possession of child pornography;
(ii)
Any of the following offenses as described in chapter 21 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 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 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 the applicant’s spouse.
(c) An applicant who has been convicted or whose spouse has been convicted of an offense listed in subsection
(a)(8)(A) may qualify for a sexually oriented business license only when the time period required by subsection
(a)(8)(B) has elapsed.
(d) The
license, if granted, shall state on its face the name of the person
or persons to whom it is granted, the expiration date, and the address
of the 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 1993 Code; 1993
Code, sec. 4.306)
The annual fee for a sexually oriented business license is in
the amount established by city council.
(Ordinance adopting 1993 Code; 1993
Code, sec. 4.307; Ordinance adopting 2017 Code)
(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/her agent
or employee commits an offense if he/she 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.
(Ordinance adopting 1993 Code; 1993
Code, sec. 4.308)
(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
4.09.031. Application for renewal should be made at least thirty (30) days before the expiration date. Applications made less than thirty (30) days before the expiration date will have no effect on the expiration of the license.
(b) When
the city manager denies renewal of a permit, the applicant shall not
be issued a license for one (1) year from the date of denial. If,
subsequent to denial, the city manager finds that the basis for the
denial of the renewal has been corrected, the applicant may be granted
a license if at least ninety (90) days have elapsed since the date
denial became final.
(Ordinance adopting 1993 Code; 1993
Code, sec. 4.309)
The city manager shall suspend a license for a period not to
exceed thirty (30) days if he/she 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.
(Ordinance adopting 1993 Code; 1993
Code, sec. 4.310)
(a) The city manager shall revoke a license if a cause of suspension in section
4.09.036 occurs and the license has been suspended within the preceding twelve (12) months.
(b) The
city manager shall remove [revoke] a license if he/she determines
that:
(1) A licensee gave false or misleading information in the material submitted
to the city manager 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;
(6) On two (2) 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
4.09.032(a)(8)(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;
(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; or
(9) A licensee has refused to permit an inspection of the premises by
the city manager or his/her designee.
(c) The
fact that a conviction is being appealed shall have no effect on the
revocation of the license.
(d) Subsection
(b)(7) 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 city manager revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a sexually oriented business license for one (1) year from the date revocation became effective. If, subsequent to revocation, the city manager 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
4.09.032(a)(8)(B) has elapsed.
(Ordinance adopting 1993 Code; 1993
Code, sec. 4.311)
(a) If
the city manager denies the issuance of a license or the renewal of
a license, he or she shall send to the applicant, by certified mail,
return receipt requested, written notice of his or her action and
the right to an appeal. The aggrieved party may appeal the decision
of the city manager to the city council. The filing of an appeal stays
the action of the city.
(b) 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 a hearing before the city council.
(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.
(d) The
city council may, in its discretion, grant an exemption from the locational
restrictions of this article if the following is found:
(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
city council shall grant or deny the exemption by 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 city council regarding the permit
appeal is final.
(f) If
the city council grants the exemption, the exemption is valid for
one (1) year from the date of the council’s action. Upon expiration
of an exemption, the sexually oriented business is in violation of
the locational restrictions until the applicant applies for and receives
another exemption.
(g) If
the city council denies the exemption, the applicant may not re-apply
for an exemption until at least twelve (12) months have elapsed since
the date of the council’s action.
(h) The
grant of an exemption does not exempt the applicant from any other
provisions of this article other than the locational restrictions.
(Ordinance adopting 1993 Code; 1993
Code, sec. 4.312)
A licensee shall not transfer his/her 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 1993 Code; 1993
Code, sec. 4.313)