The Community Planning and Development Director or his designee shall recommend approval of the issuance of a license to an applicant within thirty (30) days after receipt of a completed application unless he/she finds one or more of the following to be true:
A. An applicant is under eighteen (18) years of age.
B. An applicant, applicant's spouse, or the owner of the property is overdue in payment to the City for taxes, fees, fines, or penalties assessed against or imposed upon the applicant or the applicant's spouse in relation to a sexually oriented business.
C. 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.
D. An applicant, applicant's spouse, or the owner of the property has been convicted of a violation of a provision of this chapter 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.
E. The license fee required by this chapter has not been paid.
F. An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding twelve (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.
H. The premises to be used for the sexually oriented business are not in compliance with all applicable City laws, regulations, and City Commission orders.
I. The premises are not connected to Municipal water and wastewater systems.
J. An applicant, an applicant's spouse, or the owner of the property has been convicted of a crime involving:
1. Any of the following offenses as described in chapter 43 of the Texas Penal Code:
a. Prostitution;
b. Promotion of prostitution;
c. Aggravated promotion of prostitution;
d. Compelling prostitution;
e. Obscenity;
f. Sale, distribution, or display of harmful material to a minor;
g. Sexual performance by a child; or
h. Possession of child pornography;
2. Any of the following offenses as described in chapter 21 of the Texas Penal Code:
a. Public lewdness;
b. Indecent exposure; or
c. Indecency with a child;
3. Sexual assault or aggravated assault as described in chapter 22 of the Texas Penal Code;
4. Incest, solicitation of a child, or harboring a runaway child as described in chapter 25 of the Texas Penal Code; or
5. Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses;
6. For which:
a. 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;
b. 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
c. 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 24-month period.
K. The City of Alamo Police Department shall conduct a background investigation on the applicant regarding the applicant's compliance with subsection J of this section.
L. The fact that a conviction is being appealed shall have no effect on the disqualification of the application.
M. An application that meets the minimum requirements of this chapter shall be brought before the Planning and Zoning Commission of the City within thirty (30) days of the recommendation of the Director of Planning. A public hearing shall be held and the Planning and Zoning Commission shall review the application and recommend approval or disapproval of the license to the City Commission.
N. The application shall be brought before the City Commission within thirty (30) days of the recommendation of the Planning and Zoning Commission. A public hearing shall be held and the City Commission shall review the application and shall approve or disapprove the issuance of the license to operate a sexually oriented business.
O. 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. (Ord. 06-05-19, 5-21-2019)