(A) The Police Chief shall a license 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 in relation to a sexually oriented business;
(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;
(5) Any fee required by this chapter 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;
(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 Tex. Penal Code, Ch. 43:
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 minor;
g. Sexual performance by a child; and/or
h. Possession or promotion of child pornography.
2. Any of the following offenses as described in of the Tex. Penal Code, Ch. 21:
a. Public lewdness;
b. Indecent exposure; or
c. Indecency with a child.
3. Sexual assault or aggravated sexual assault as described in the Tex. Penal Code, Ch. 22;
4. Prohibited sexual conduct, enticing of a child, harboring a runaway child, or sale or purchase of a child as described in Tex. Penal Code, Ch. 25; or
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.
(B) The fact that a conviction is being appealed has no effect on the disqualification of the applicant or applicant’s spouse under division (A) above.
(C) An applicant who has been convicted or whose spouse has been convicted of an offense listed in division (A)(8)(a) above may qualify for a sexually oriented business license only when the time period required by division (A)(8)(a) above has elapsed.
(D) The Police Chief, upon approving issuance of a sexually oriented business 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 Police Chief’s approval of the issuance of a license does not authorize the applicant to operate a sexually oriented business until the applicant has paid all fees required by this chapter and obtained possession of the license.
(E) The license, if granted, must 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 must 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.
(F) Next to the license a sign at least 24 inches square bearing red letters a minimum of two inches high on a white background 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 providing the following notice: "Indecent exposure, prostitution, public lewdness and other such acts are illegal on these premises. These laws are strictly enforced and violators will be prosecuted to the full extent of the law. Therefore, you could receive up to one year in prison and be fined up to $4,000 if convicted of a Class A Misdemeanor."
(Ord. 12-3-98, passed 12-3-1998)