(a)
A
person commits an offense if he operates a sexually oriented business
without a valid permit, issued by the city for the particular type
of business.
(b)
An
application for a permit 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 inches. Applicants who must comply
with this article shall submit a diagram meeting these requirements
when applying for the permit.
(c)
The
applicant must be qualified according to the provisions of this article.
(d)
If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a permit as an 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 permit as applicant. Each applicant must be qualified under section 4.03.032 and each applicant shall be considered a permit holder if a permit is granted.
(Ordinance 94-1212, sec. 94-1212-B,
adopted 12/7/94; Ordinance adopting
Code)
(a)
The
chief of police shall approve the issuance of a permit by city secretary
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)
An applicant is under 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 the applicant’s spouse in relation
to a sexually oriented business.
(3)
An applicant has failed to provide information reasonably necessary
for issuance of the permit 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 permit, within
two years immediately preceding the application.
(5)
Any fee required by this article has not been paid.
(6)
An applicant has been employed in a sexually oriented business in
a managerial capacity within the preceding 12 months and has demonstrated
an inability 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:
(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 years have elapsed since the date of conviction
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a misdemeanor
offense;
(ii)
Less than five years have elapsed since the date of conviction
or the date of release from confinement for the conviction, whichever
is the later date, if the conviction is of a felony offense; or
(iii)
Less than five years have elapsed since the date of the last
conviction or the date of release from confinement for the last conviction,
whichever is the later date, if the convictions are of two or more
misdemeanor offenses or combination of misdemeanor offenses occurring
within any 24-month period.
(b)
The
fact that a conviction is being appealed has no effect on the disqualification
of the applicant or applicant’s spouse under this section.
(c)
An applicant who has been convicted or whose spouse has been convicted of an offense listed in section 4.03.031 or this section may qualify for a sexually oriented business permit only when the time period required by this section has elapsed.
(d)
The
chief of police, upon approving issuance of a sexually oriented business
permit, shall send to the applicant, by certified mail, return receipt
requested, written notice of that action and state where the applicant
must pay the permit fee and obtain the permit. The chief of police’s
approval of the issuance of a permit does not authorize the applicant
to operate a sexually oriented business until the applicant has paid
all fees required by this article and obtained possession of the permit.
(e)
The
permit, if granted, must 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 permit must 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 94-1212, sec. 94-1212-C,
adopted 12/7/94; Ordinance adopting
Code)
(a)
The
annual fee for a sexually oriented business permit is as provided
in appendix A to this code.
(b)
In addition to the fees required by subsection (a), an applicant for an initial sexually oriented business permit shall, at the time of making application, pay a nonrefundable fee as provided in appendix A to this code for the city to conduct a survey to ensure that the proposed sexually oriented business is in compliance with the locational restrictions set forth in section 4.03.004.
(Ordinance 94-1212, sec. 94-1212-D,
adopted 12/7/94; Ordinance adopting
Code)
(a)
An
applicant or permit holder shall permit representatives of the police
department, health department, fire department, housing and neighborhood
services department, and building inspection division to inspect the
premises of a sexually oriented business for the purpose of 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 employees
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.
(Ordinance 94-1212, sec. 94-1212-E,
adopted 12/7/94)
Each permit expires one year from the date of issuance, except that a permit issued pursuant to a locational restriction expires on the date the exemption expires. A permit may be renewed only by making application as provided in section 4.03.031. Application for renewal should be made at least 30 days before the expiration, and when made less than 30 days before the expiration date, the expiration of the permit will not be affected by the pendency of the application.
(Ordinance 94-1212, sec. 94-1212-F,
adopted 12/7/94)
The chief of police shall suspend a permit for a period not
to exceed 30 days if he determines that a permit holder or an employee
of a permit holder 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 94-1212, sec. 94-1212-G,
adopted 12/7/94)
(a)
The chief of police shall revoke a permit if a cause of suspension in section 4.03.036 occurs and the permit has been suspended within the preceding 12 months.
(b)
The
chief of police shall revoke a permit if the chief of police determines
that:
(1)
A permit holder gave false or misleading information in the material
submitted to the chief of police during the application process;
(2)
A permit holder or an employee has knowingly allowed possession,
use, or sale of controlled substances on the premises;
(3)
A permit holder or an employee has knowingly allowed prostitution
on the premises;
(4)
A permit holder or an employee knowingly operated the sexually oriented
business during a period of time when the permit holder’s permit
was suspended;
(6)
On two or more occasions within a 12-month period, a person or persons committed an offense occurring in or on a permit holder’s premises of a crime listed in section 4.03.032 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 permit holder or an employee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation, or sexual contact
to occur in or on the business premises. The term “sexual contact”
shall have the same meaning as it is defined in section 21.02 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 permit.
(d)
Subsection (b)(7) does not apply to adult motels as a ground for revoking the permit unless the permit holder 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 permit, the revocation shall continue for one year and the permit holder shall not be issued a sexually oriented business permit 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 permit if at least 90 days have elapsed since the date the revocation became effective. If the permit was revoked under subsection (b)(5), an applicant may not be granted another permit until the appropriate number of years required under section 4.03.032 has elapsed.
(Ordinance 94-1212, sec. 94-1212-H,
adopted 12/7/94)
If the chief of police denies the issuance or renewal of a permit,
or suspends or revokes a permit, the chief of police shall send to
the applicant or permit holder, by certified mail, return receipt
requested, written notice of the action and the right to an appeal.
Upon receipt of written notice of the denial, suspension, or revocation,
the applicant or permit holder whose application for a permit has
been suspended or revoked has the right to appeal to the state district
court. An appeal to the state district court must be filed within
30 days after the receipt of notice of the decision of the chief of
police. The applicant or permit holder shall bear the burden of proof
in court.
(Ordinance 94-1212, sec. 94-1212-I,
adopted 12/7/94)
A permit holder shall not transfer his permit to another, nor
shall a permit holder operate a sexually oriented business under the
authority of a permit at any place other than the address designated
in the application.
(Ordinance 94-1212, sec. 94-1212-J,
adopted 12/7/94)
