(a) The chief of police shall revoke a license if a cause of suspension in section 34-206 occurs and the license has been suspended within the preceding 12 months.
(b) The chief of police shall revoke a license if he determines that:
(1) A licensee gave false or misleading information in the material submitted to the chief of police during the application process;
(2) A licensee or an employee has knowingly allowed possession, use, or sale of a controlled substance on the premises;
(3) A licensee or any 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 or more occasions within a 12-month period, a person committed an offense occurring in or on the licensees premises of a crime listed in section 32-202(a)(8)b, for which a conviction has been obtained, and the person 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 Texas Penal Code § 21.01;
(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, after ten days prior written notice, and a failure to discharge the tax delinquency; or
(9) A licensee fails to obtain a required occupancy permit, alcoholic beverage code permit or license, or a required health department license or permit after ten days' notice of such violation and a failure of licensee to correct such violation.
(c) The fact that a conviction is being appealed shall have no effect on the revocation of the license.
(d) Subsection (b)(7) 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 with public view.
(e) When the chief of police revokes a license, the revocation shall continue for one year and licensee shall not be issued a sexually oriented business license 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 license if at least 90 days have elapse since the date the revocation became effective. If the license was removed under subsection (b)(5) of this section, an applicant may not be granted another license until the appropriate number of years required under section 32-202(a)(8)b has elapsed.
(Prior Code, § 5-235)