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(A) An application or licensee shall permit representatives of the Police Department, Health Department, Fire Department and Building Inspection Division to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business.
(B) A person who operates a sexually oriented business or his or her agent or employee commits an offense if he or she refuses to permit a lawful inspection of the premises by a representative of the Police Department, Health Department, Fire Department or Building Inspection Division at any time it is occupied or open for business.
(C) The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.
(Ord. 12-3-98, passed 12-3-1998)
Each license expires one year from date of issuance, except that a license issued pursuant to a locational restriction expires on the date the exemption expires. A license may be renewed only by making application as provided in § 154.073. Application for renewal should be made at least 30 days before the expiration date, and when made less than 30 days before the expiration of the license will not be affected by the pendency of the application.
(Ord. 12-3-98, passed 12-3-1998)
The Police Chief shall suspend a license for a period not to exceed 30 days if he or she determines that a licensee or an employee of a licensee has:
(B) Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises;
(C) Refused to allow an inspection of the sexually oriented business premises as authorized by this chapter;
(D) Knowingly permitted gambling by any person on the sexually oriented business premises; or
(E) Demonstrated inability to operate or manage a sexually oriented business in a peaceful and law-abiding manner thus necessitating action by law enforcement officer.
(Ord. 12-3-98, passed 12-3-1998)
(A) The Police Chief shall revoke a license if a cause of suspension in § 154.078 above occurs and the license has been suspended within the preceding 12 months.
(B) The Police Chief shall revoke a license if the Police Chief determines that:
(1) A licensee gave false or misleading information in the material submitted to the Police Chief during the application process;
(2) A licensee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises;
(3) A licensee or an employee has knowingly allowed prostitution on the premises;
(4) A licensee or an employee 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 or persons committed an offense occurring in or on the licensed premises of a crime listed in § 154.074(A)(8)(a) for which a conviction has been obtained, and the person or persons 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 Tex. Penal Code, § 21.01; or
(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.
(C) The fact that a conviction is being appealed shall have no effect on the revocation of the license.
(D) Division (B)(7) above 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 or within public view.
(E) When the Police Chief revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under division (B)(5), an applicant may not be granted another license until the appropriate number of years required under § 154.074(A)(8)(b) has elapsed.
(Ord. 12-3-98, passed 12-3-1998)
If the Police Chief denies the issuance or renewal of a license, or suspends or revokes license, the Police Chief shall send to the applicant or licensee, by certified mail, return receipt requested, written notice of the action and the right to an appeal. Upon receipt of written notice of the denial, suspension or revocation, 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 the state district court. An appeal to the state district court must be filed within 30 days after the receipt of notice of the decision of the Police Chief. The applicant or licensee shall bear the burden of proof in court.
(Ord. 12-3-98, passed 12-3-1998)
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