(a) The chief of police shall approve and issue any license required hereunder to an applicant or deny the issuance of the license within 30 days after receipt of a complete and accurate application. The chief of police shall issue the license 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 any applicant's spouse owes delinquent taxes, delinquent paving assessments or any other delinquent debts or obligations to the city arising out of the operation of a sexually oriented business unless an arrangement satisfactory to the city manager has been made for the payment of such debt or obligations.
(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 chapter, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.
(5) The license 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. Evidence of this disqualification shall consist of a pattern of arrest for disorderly conduct made on the premises of the sexually oriented business managed by the applicant.
(8) An applicant or an applicant's spouse has been convicted of a crime:
a. Involving:
1. Any of the following offenses as described in Texas Penal Code ch. 43:
(i) Prostitution;
(ii) Promotion of prostitution;
(iii) Aggravated promotion of prostitution;
(iv) Compelling prostitution;
(v) Obscenity;
(vi) Sale, distribution, or display of harmful material to minors;
(vii) Sexual performance by a child;
(viii) Possession of child pornography;
2. Any of the following offenses as described in Texas Penal Code ch. 21:
(i) Public lewdness;
(ii) Indecent exposure;
(iii) Indecency with a child.
3. Sexual assault or aggravated sexual assault as described in Texas Penal Code ch. 22;
4. Incest, solicitation of a child, or harboring a runaway child as described in Texas Penal Code ch. 25;
5. Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses;
b. For which:
1. 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;
2. 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
3. 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.
(9) If, at the time an applicant is applying for a permit, the applicant is moving into a new structure or location or is changing the use of property so that it is necessary to obtain an occupancy permit, and the designated site or premises for the sexual oriented business fails to comply with all required city codes and ordinances necessary to obtain an occupancy permit.
(10) The applicant fails to have all permits and licenses required by the alcoholic beverage code and health department laws and regulations for the designated site and premises for the sexual oriented business.
(b) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse.
(c) An applicant who been convicted or whose spouse has been convicted of an offense listed in subsection (a)(8) of this section may qualify for a sexually oriented business license only when the time period required by subsection (a)(8)b of this section has elapsed.
(d) The license, if granted, shall state on its face the name of the person or 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.
(Prior Code, § 5-230)