(a) The chief of police shall approve issuance of a license by the special collections division of the water utilities department 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.
(3) Reserved.
(4) Reserved.
(5) An applicant has failed to answer or falsely answered a question or request for information on the application form provided.
(6) An applicant or an applicant’s spouse has been convicted of a violation of a provision of this chapter within two years immediately preceding the application.
(7) Any fee required by this chapter has not been paid.
(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:
(aa) prostitution;
(bb) promotion of prostitution;
(cc) aggravated promotion of prostitution;
(dd) compelling prostitution;
(ee) obscenity;
(ff) sale, distribution, or display of harmful material to minor;
(gg) sexual performance by a child; or
(hh) possession of child pornography;
(ii) any of the following offenses as described in Chapter 21 of the Texas Penal Code:
(aa) public lewdness;
(bb) indecent exposure; or
(cc) indecency with a child;
(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 offenses listed in Paragraph (10)(A)(i) through (iv) of this subsection;
(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.
(9) An applicant has been operating the proposed business as a dance hall without a valid license issued under this chapter.
(10) Alcoholic beverages are possessed, consumed, or sold on premises used or to be used by the applicant for a Class E dance hall.
(11) An applicant for a Class E dance hall license is in violation of the locational requirements of Section 14-2.1 of this chapter.
(12) Operation of the proposed dance hall would violate the city’s zoning ordinances.
(b) The fact that a conviction is being appealed has no effect on the disqualification of the applicant or the applicant’s spouse under Subsection (a).
(c) Except as otherwise provided in this subsection, when the chief of police denies issuance or renewal of a license, the applicant may not apply for or be issued any class of dance hall license for one year after the date the denial became final. If, subsequent to the denial, the chief of police finds that the basis for the denial has been corrected or abated, the applicant may apply for and be granted a license if at least 90 days have elapsed since the date the denial became final. If issuance or renewal of a license is denied under Section 14-3(a)(11) only, the applicant may be granted a license immediately upon compliance with Section 14-2.1 of this chapter. If issuance or renewal of a license is denied under Subsection (a)(8)(A), the applicant may not apply for or be issued another dance hall license until the appropriate number of years required by Subsection (a)(8)(B) has elapsed. If issuance or renewal of a license is denied under Subsection (a)(6), the applicant may not apply for or be issued another dance hall license until the time period required by Subsection (a)(6) has elapsed.
(d) The chief of police, upon approving issuance of a dance hall license, shall send to the applicant, by certified mail, return receipt requested, written notice of that action and state where the applicant must pay the license fee and obtain the license. The chief of police’s approval of the issuance of a license does not authorize the applicant to operate a dance hall until the applicant has paid all fees required by this chapter and obtained possession of the license.
(e) The license must state on its face the name of the person to whom it is granted, the expiration date, the address of the dance hall, and whether it is issued for a Class A, Class B, Class C, or Class E dance hall.
(f) The license, along with any late-hours permit, must be posted in a conspicuous place at or near the entrance to the dance hall so that it may be easily read at any time. (Ord. Nos. 15721; 16067; 18725; 18803; 20663; 21184; 21837; 23137; 24206; 24440; 24541; 27697)