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(a) In determining whether a sexually oriented business license should be denied, suspended, revoked, or denied for renewal based on criminal convictions of an applicant or licensee of a sexually oriented business, or on convictions of an operator or employee of the applicant, the licensee, or the sexually oriented business, all convictions for offenses occurring within a designated time period will be counted, regardless of whether the offenses occurred during the current license period, a prior license period, or an unlicensed period.
(b) Notwithstanding Subsection (a), a conviction for an offense committed during a prior license period or an unlicensed period will not be counted against a current applicant or licensee of a sexually oriented business if no person who is deemed a current applicant or licensee was an applicant, licensee, owner, or operator of the sexually oriented business during the prior license period or unlicensed period in which the offense was committed. (Ord. Nos. 24699; 27139)
(a) If the chief of police denies the issuance or renewal of a sexually oriented business license or suspends or revokes a sexually oriented business license, the chief of police shall deliver to the applicant or licensee, either by hand delivery or by certified mail, return receipt requested, written notice of the action, the basis of the action, and the right to an appeal.
(b) If the chief of police suspends or revokes a license or denies renewal of a license that was valid on the date the application for renewal was submitted, the chief of police may not enforce such action before the 11th day after the date the written notice required by Subsection (a) is delivered to the applicant or licensee.
(c) After suspension or revocation of a license or denial of renewal of a license that was valid on the date the application for renewal was submitted, the applicant or licensee shall discontinue operating the sexually oriented business and surrender the license to the chief of police by 11:59 p.m. of the 10th day after the date:
(1) notice required by Subsection (a) is delivered to the applicant or licensee, if no appeal is filed under Section 41A-11 of this chapter; or
(2) a final decision is issued by the permit and license appeal board upholding the action of the chief of police, if an appeal is filed under Section 41A-11 of this chapter.
(d) For purposes of this chapter, written notice is deemed to be delivered:
(1) on the date the notice is hand delivered to the applicant or licensee; or
(2) three days after the date the notice is placed in the United States mail with proper postage and properly addressed to the applicant or licensee at the address provided for the applicant or licensee in the most recent license application. (Ord. Nos. 24440; 24699; 27139)
(a) Upon delivery of written notice of the denial, suspension, or revocation of a sexually oriented business license as required by Section 41A-10.2, the applicant or licensee whose application for a license or license renewal has been denied or whose license has been suspended or revoked has the right to appeal to either the permit and license appeal board or the state district court.
(b) An appeal to the permit and license appeal board must be in accordance with Section 2-96 of this code, except that an appeal from the denial of an initial sexually oriented business license must be heard and decided by the board within 30 days after the applicant files a written request for an appeal hearing.
(c) The filing of an appeal under this section stays the action of the chief of police in suspending or revoking a license, or in denying renewal of a license that was valid on the date the application for renewal was submitted, until a final decision is made by the permit and license appeal board. A suspension or revocation of a license, or a denial of renewal of a license that was valid on the date the application for renewal was submitted, that is upheld by the board takes effect at 11:59 p.m. on the 10th day after the board issues its decision.
(d) An appeal to the state district court must be filed within 30 days after notice of the decision of the chief of police is delivered to the applicant or licensee as required by Section 41A-10.2 or a final decision is issued by the permit and license appeal board upholding the decision of the chief of police. The applicant or licensee shall bear the burden of proof in court. The filing of an appeal to state district court stays a suspension or revocation of the license, or denial of renewal of a license that was valid on the date the application for renewal was submitted, pending a judicial determination of the appeal by the trial court. (Ord. Nos. 19196; 20552; 21838; 24440; 24699; 27139)
(a) A person commits an offense if he causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1,000 feet of:
(1) a church;
(2) a public or private elementary or secondary school;
(3) a boundary of a residential or historic district as defined in this chapter;
(4) a public park;
(5) the property line of a lot devoted to a residential use as defined in this chapter;
(6) a hospital; or
(7) a child-care facility.
(b) A person commits an offense if he causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of a sexually oriented business within 1,000 feet of another sexually oriented business.
(c) A person commits an offense if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure, or portion of a building or structure, or the increase of floor area of any sexually oriented business in any building, structure, or portion of a building or structure containing another sexually oriented business.
(d) For the purposes of Subsection (a), measurement must be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, public or private elementary or secondary school, hospital, or child-care facility or to the nearest boundary of an affected public park, residential district, historic district, or residential lot.
(e) For purposes of Subsection (b) of this section, the distance between any two sexually oriented businesses must be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(f) Any sexually oriented business lawfully operating on May 28, 1997 that is in violation of Subsections (a), (b), or (c) of this section is a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed six months, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. The nonconforming use may not be increased, enlarged, extended, or altered, except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business that was first established and continually operating at a particular location is the conforming use and the later-established business is nonconforming.
(g) An owner of a nonconforming sexually oriented business who cannot recoup actual investments in the use by November 29, 1997 may request an extension of the compliance date from the board of adjustment. The request must be in writing and filed with the city building official on or before October 29, 1997. No application for an extension that is received by the building official after October 29, 1997 may be considered.
(h) The board of adjustment shall conduct a hearing on the request for extension in accordance with applicable procedures set forth in Section 51A-4.703 of the Dallas Development Code. If the board of adjustment determines that the owner of the nonconforming sexually oriented business cannot recoup actual investments in the use by November 29, 1997, it may by written order provide a new compliance date to the owner. The board of adjustment shall consider the factors listed in Section 51A-4.704(a)(1)(D) of the Dallas Development Code in determining whether to grant the request for extension. Any extension granted by the board of adjustment must specify a date certain for closure of the sexually oriented business and is not valid for operation of the business at any other location.
(i) The board of adjustment’s decision on a request for an extended compliance date is final unless appealed to the district court within 10 days in accordance with Chapter 211 of the Texas Local Government Code.
(j) A sexually oriented business that remains in operation pursuant to an extension granted under this section is not considered as having a license for purposes of measuring distances between a sexually oriented business and a church, a public or private elementary or secondary school, a boundary of a residential or historic district, a public park, the property line of a lot devoted to a residential use, a hospital, a child-care facility, or another sexually oriented business, as required in Section 41A-13.
(k) A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a church, public or private elementary or secondary school, public park, residential district, historic district, residential lot, hospital, or child-care facility within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked.
(l) Requirements for posting an intent to locate a sexually oriented business.
(1) Whenever a sign is posted at an intended location of a sexually oriented business in compliance with Section 243.0075 of the Texas Local Government Code, as amended, and the intended location of the sexually oriented business is not in violation of the locational restrictions of this section at the time the sign is posted, the sexually oriented business will qualify as a conforming use and will not be rendered nonconforming by any location, subsequent to the posting of the sign, of a church, public or private elementary or secondary school, public park, residential district, historic district, residential lot, hospital, or child-care facility within 1,000 feet of the posted location of the sexually oriented business.
(2) The operator of a proposed sexually oriented business shall notify the chief of police, by either certified mail or hand delivery, whenever a sign is posted at the intended location of the business in compliance with Section 243.0075 of the Texas Local Government Code, as amended. The notification must be in the form of a sworn statement indicating the location of the sign and the date it was posted and must be received by the chief of police within five days after the date of the sign’s posting.
(3) Paragraph (1) of this subsection does not apply if:
(A) a completed license application for the proposed sexually oriented business is not filed with the chief of police within 20 days after the expiration of the 60-day posting requirement of Section 243.0075 of the Texas Local Government Code, as amended; or
(B) the notification requirements of Paragraph (2) of this subsection are not met. (Ord. Nos. 19196; 19377; 20291; 21629; 23137; 24440; 24699; 25092)
(a) If the chief of police denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of Section 41A-13 of this chapter, then the applicant may, not later than 10 calendar days after receiving notice of the denial, file with the city secretary a written request for an exemption from the locational restrictions of Section 41A-13.
(b) If the written request is filed with the city secretary within the 10-day limit, a permit and license appeal board, selected in accordance with Section 2-95 of this code, shall consider the request. The city secretary shall set a date for the hearing within 60 days from the date the written request is received.
(c) A hearing by the board may proceed if a quorum of the board is present. The board shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.
(d) The permit and license appeal board may, in its discretion, grant an exemption from the locational restrictions of Section 41A-13 if it makes the following findings:
(1) that the location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;
(2) that the location of the proposed sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight;
(3) that the location of the proposed sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any efforts of urban renewal or restoration; and
(4) that all other applicable provisions of this chapter will be observed.
(e) The board shall grant or deny the exemption by a majority vote. Failure to reach a majority vote shall result in denial of the exemption. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the permit and license appeal board is final.
(f) If the board grants the exemption, the exemption is valid for one year from the date of the board’s action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of Section 41A-13 until the applicant applies for and receives another exemption.
(g) If the board denies the exemption, the applicant may not re-apply for an exemption until at least 12 months have elapsed since the date of the board’s action.
(h) The grant of an exemption does not exempt the applicant from any other provisions of this chapter other than the locational restrictions of Section 41A-13. The grant of an exemption does not exempt the applicant from the provisions of Section 41A-13 prohibiting substantial enlargement of a sexually oriented business. (Ord. Nos. 19196; 24440; 24699; 25002)
(a) An owner or operator of a sexually oriented business commits an offense if he allows:
(1) the merchandise or activities of the establishment to be visible from any point outside the establishment;
(2) the exterior portions of the establishment to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by this chapter; or
(3) the exterior portions of the establishment to be painted any color other than a single achromatic color, except that this paragraph does not apply to an establishment if the following conditions are met:
(A) the establishment is a part of a commercial multi-unit center; and
(B) the exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the establishment, are painted the same color as one another or are painted in such a way as to be a component of the overall architectural style or pattern of the commercial multi-unit center.
(b) Nothing in this section requires the painting of an otherwise unpainted exterior portion of a sexually oriented business.
(c) The exterior of any sexually oriented business lawfully operating on May 28, 1997 is not required to comply with Subsections (a)(2) and (a)(3) of this section until alterations, repairs, remodeling, and repainting that cumulatively affect more than 50 percent of the exterior are performed on the sexually oriented business during any 12-month period. (Ord. Nos. 23137; 24440; 24699)
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