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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)
(A) A person commits an offense if he or she operates or causes to be operated a sexually oriented business within 250 feet of:
(1) A church;
(2) A 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;
(7) Licensed day-care;
(8) Buildings and property owned or leased by the city, county, state or federal government; or
(9) Cemeteries.
(B) A person commits a misdemeanor if he or she causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within 500 feet of another sexually oriented business.
(C) A person commits a misdemeanor if he or she causes or permits the operation, establishment or maintenance of more than one sexually oriented business in the same building, structure or portion thereof, or if he or she causes or permits the increase of floor area of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
(D) For the purposes of divisions (A) and (B) above, measurement shall be made in accordance with the city’s zoning ordinance.
(E) For purposes of division (B) above, the distance between any two sexually oriented businesses shall 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 the passage of this subchapter that is in violation of divisions (A), (B) or (C) shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed 18 months, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. The nonconforming uses shall 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 500 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established business(es) in nonconforming.
(G) A sexually oriented business fully 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, school, licensed day-care center, government building, cemetery or hospital within 250 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.
(Ord. 12-3-98, passed 12-3-1998)
(A) If the Police Chief denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of § 154.082 above, then the applicant may, not later than ten calendar days after receiving notice of the denial, file with the City Secretary a written request for an exemption from the locational restrictions of § 154.082 above.
(B) If the written request is filed with the City Secretary within the ten-day limit, the City Council 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 City Council may proceed if at least a quorum of the Council members are present. The City Council shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.
(D) The City Council may, in its discretion, grant an exemption from the locational restrictions of § 154.082 if it makes the following findings:
(1) 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) The granting of the exemption will not violate the spirit and intent of this chapter of the city code;
(3) The location of a 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;
(4) The location of an additional sexually oriented business in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any effort of urban renewal or restoration; and
(5) All other applicable provisions of this chapter will be observed.
(E) The City Council 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 City Council is final.
(F) If the City Council grants the exemption, the exemption is valid for one year from the date of the City Council’s action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of § 154.082 above until the applicant applies for and receives another exemption.
(G) If the City Council denies the exemption, the applicant may not re-apply for an exemption until at least 12 months have elapsed since the date of the City Council’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 § 154.082 above.
(Ord. 12-3-98, passed 12-3-1998)
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