(a) 
An owner, operator, or manager of a sexually oriented business shall be required to secure an annual license and no person shall operate a sexually oriented business in the city without first obtaining a license from the city, as required by this article. No license shall be issued until the annual license fee of $1,000.00 fee of the city has been paid.
(b) 
Upon payment of the license fee, compliance with all licensing requirements and the terms of this article, a license shall be issued by the city.
(c) 
A license issued for a sexually oriented business under this article:
(1) 
Is an annual license which expires on the one-year anniversary of the date it was issued unless it is suspended, revoked or cancelled earlier;
(2) 
Is effective for a single place of business only;
(3) 
Vests no property right in the licensee except to operate a sexually oriented business in accordance with the terms and conditions of this article;
(4) 
Shall automatically expire if the licensee thereof sells the property or the business or transfers equity to accomplish same;
(5) 
Is not assignable or transferable; and
(6) 
Is non-refundable after being issued and is not subject to proration or reduction.
(Ordinance 711 adopted 4/15/2025)
(a) 
An applicant for a license under the provisions of this article shall file with the city secretary a written application on a form provided for that purpose by the city which shall be signed by the applicant, who shall be the owner of the sexually oriented business sought to be licensed. A separate application must be filed for each location sought to be licensed. The following information is required in the application:
(1) 
Name, address, e-mail address, telephone number and driver's license number of the applicant if the applicant is a natural person;
(2) 
Name, address, e-mail address, telephone number and driver's license number of all persons who own 15 percent or more interest in the sexually oriented business;
(3) 
Name, address, e-mail address, telephone number and driver's license number of all corporate officers, if any, of such business;
(4) 
Name, address, e-mail address, telephone number of the business;
(5) 
If incorporated, the name of the business registered with the Texas Secretary of State as well as the name, address and contact information of the registered agent;
(6) 
If a partnership, the name, address, e-mail address, telephone number and driver's license of each of the general and limited partners;
(7) 
The trade name by which the applicant does business and a true and correct copy of the registration of the applicant's assumed name filed in the office of the county clerk, bearing the file mark or stamp that evidences its filing in that office;
(8) 
The street address of the premises if different than the business;
(9) 
If applicant is not the owner of the premises, the applicant shall furnish the name, address, and telephone number of the property owner(s);
(10) 
Name, address, e-mail address and telephone number of the operator of the premises to be permitted;
(11) 
Whether a previous license of the applicant, or, if applicable, a corporate officer of the applicant, has been revoked within two years of filing of the application;
(12) 
The previous occupation(s) of the applicant and, if applicable, all corporate officers and partners of the applicant within the preceding five years;
(13) 
A notarized statement, under oath, that:
(A) 
All the facts contained in the application are true and correct;
(B) 
The location and operation of the sexually oriented business will not violate any applicable deed restrictions;
(C) 
The sexually oriented business will be operated in accordance with all laws.
(14) 
Name, address, and telephone number of an emergency contact person who can be reached outside of business hours;
(15) 
A floor plan of the interior of the sexually oriented business depicting the layout of the sexually oriented business specifically including, but not limited to, the location of the manager's station(s), restroom facilities, kitchen and bar facilities, if any, and all areas to which patrons will not be permitted; and
(16) 
Any other plans that may be required by city code.
(b) 
Any failure to provide the documents required by this section shall be grounds for denial of the application to which it applies.
(Ordinance 711 adopted 4/15/2025)
(a) 
A license may be renewed annually by filing a completed application for each license and paying the applicable fee set forth in this article. A renewal application shall be subject to the same requirements in this section as for a license application. The licensee may file their renewal application no earlier than 60 days prior to the expiration date of their license.
(b) 
Upon the expiration of a license, the licensee shall be required to obtain a renewal of the expired license if the licensee wishes to continue operating a sexually oriented business. Failure to obtain the renewal within 30 days after expiration may require such person to pay an additional late fee equal to 20% of the fee as currently established or as hereafter adopted by city council from time to time. Nothing herein authorizes the licensee to operate after the expiration of a license and before a renewal is effective.
(Ordinance 711 adopted 4/15/2025)
(a) 
The city shall refuse to approve issuance or renewal of a permit or licensee for one or more of the following reasons:
(1) 
Any failure to provide the information required by this article or meet any of the conditions of an applicant as required by this article;
(2) 
A determination by the city that inaccurate, erroneous or incomplete information has been submitted;
(3) 
A false statement as to a material matter made in an application for a license;
(4) 
Revocation of a license, pursuant to this article, of the applicant or a co-owner or a corporate officer of the applicant within two years preceding the filing of the application;
(5) 
Refusal or failure to pay the correct license fee amount;
(6) 
The applicant or a co-owner for such license has, within the past three years, been convicted of any violation of this article;
(7) 
The applicant or a co-owner for such license has, within the past five years, been convicted of any violation of regulations adopted by the county relating to sexually oriented business; and/or
(8) 
The applicant or a co-owner for such license has, within the past five years been convicted of illegal gambling, money laundering, or a crime involving moral turpitude. For purposes of this article, a crime of moral turpitude is any crime involving dishonesty, fraud, deceit, misrepresentation, is defined as a crime of moral turpitude in the State of Texas including, without limitation, the following crimes:
(A) 
Theft or theft of service;
(B) 
Forgery;
(C) 
Making a false statement to obtain property or credit;
(D) 
Deceptive business practices;
(E) 
Fraudulent filing of financing statement;
(F) 
Bank fraud, insurance fraud or mail fraud;
(G) 
Lying to a law enforcement officer (filing a false report);
(H) 
Tax evasion;
(I) 
Conspiracy to bribe a public official;
(J) 
Sale of narcotics;
(K) 
Failure to stop and render aid;
(L) 
Burglary of a vehicle;
(M) 
Prostitution, promoting prostitution, aggravated promotion of prostitution or compelling prostitution;
(N) 
Indecent exposure;
(O) 
Assault or aggravated assault by a male on a female;
(P) 
Public lewdness;
(Q) 
Indecent exposure or indecency with a child;
(R) 
Incest, solicitation of a child, or harboring a runaway child as described in Texas Penal Code, Chapter 25.
(S) 
A criminal offense as described in Texas Health and Safety Code, Chapter 481, Subchapter D.
(T) 
A criminal offense as described in Texas Penal Code, Chapter 34.
(U) 
Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses;
(V) 
Murder;
(W) 
Sexual assault, sexual assault of a child; or
(X) 
Or any other offense in another state that, if committed in this state, would have been punishable as one or more of the aforementioned offenses.
(b) 
The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
(c) 
The city shall not issue or renew a license under this article and shall suspend or cancel a license if it be determined that the owner, applicant or licensee is indebted to the city for any fee, costs, penalties, or delinquent taxes.
(Ordinance 711 adopted 4/15/2025)
(a) 
Power and authority.
If any individual, company, corporation or association who owns, operates an sexually oriented business in this city shall violate any provision of this article, the city shall have the power and authority to suspend or revoke the license(s) issued hereunder to any of the foregoing by giving written notice, stating the reason justifying such suspension or revocation, and the same shall be suspended or revoked ten days from the date of such notice.
(b) 
Suspension.
The city manager or his designee shall suspend a license for a period not to exceed 30 days if he determines that a licensee or an employee of a licensee has:
(1) 
Violated or is not in compliance with any of the provisions of this article;
(2) 
Refused to allow or interfered with an inspection of the sexually oriented business premises; or
(3) 
Demonstrated an inability to operate or manage a sexually oriented business in a peaceful and law-abiding manner thus necessitating action by law enforcement officers.
(c) 
Removal of suspension; re-inspection fee.
(1) 
In the event a license is suspended, before the sexually oriented business may be reopened for business, the city manager shall require the premises be inspected by the fire official of the city, the city inspector/code enforcement officer, the chief building official or other designee(s) of the city manager to confirm that the cause for the suspension has been removed, corrected or otherwise abated. The first re-inspection shall be subject to and the licensee shall be required to pay a fee of $350.00. If the cause for the suspension has not been removed, corrected or otherwise abated, and another inspection is required, each additional inspection after the initial re-inspection shall be subject to and the licensee shall be required to pay a fee of $150.00.
(2) 
In the event the cause for the suspension has been removed, corrected or otherwise abated and the re-inspection fee(s) has been paid, the city manager shall remove the suspension.
(d) 
Revocation for continuing violations.
The city manager or his designee(s) shall revoke a license if a cause of suspension occurs and the license has been previously suspended within the preceding twelve months.
(e) 
Automatic revocation.
The city manager or his designee shall revoke a license if he determines that:
(1) 
A licensee gave false or misleading information in the material submitted to the city during the application process;
(2) 
A licensee or an employee of a licensee knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the licenses premises. The term "sexual contact" shall have the same meaning as it is defined in Texas Penal Code, section 21.01.
(3) 
A licensee or an employee of a licensee knowingly allowed the possession, use, or sale of a controlled substance on the premises; or
(4) 
A licensee or an employee of a licensee knowingly operated the sexually oriented business during a period of time when the licensee's permit was suspended.
(f) 
Subsection (e)(3) 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.
(g) 
Effect of revocation.
No license shall be issued within a period of one year to anyone whose license has been revoked, except at the discretion of the city manager or his designee. If the license of an individual, company, corporation, or association owning, operating, or managing in this city is cancelled, such individual, company, corporation or association shall not operate, display or permit to be operated or displayed such sexually oriented business until a new license is granted.
(Ordinance 711 adopted 4/15/2025)
If the city manager or his designee(s) refuses to approve the issuance of a license or the renewal of a license to an applicant, or suspends or revokes a license issued under this article, this action is final unless the applicant or licensee, within ten calendar days after the receipt of written notice of the action, files a written appeal with the city secretary, who shall, within ten days after the appeal is filed forward same to city council for its consideration at a public meeting following a hearing. The city council shall, within 30 days, grant such hearing to consider the action. The city council has authority to sustain, reverse, or modify the action appealed. The decision of the city council is final.
(Ordinance 711 adopted 4/15/2025)
A valid license issued under this article for a sexually oriented business shall be displayed at or near the entrance of the business premises, and such display shall be permanent and conspicuous.
(Ordinance 711 adopted 4/15/2025)
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 711 adopted 4/15/2025)