(A) The City Secretary shall approve the issuance of a license to an applicant within 30 days after receipt of an application unless a finding is made by the City Secretary or the Chief of Police that one of the following is true:
(1) An applicant is under 18 years of age.
(2) An applicant or an applicant's spouse is overdue in payment to the town 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 or drawings as required by this chapter 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. The fact that a conviction is being appealed shall have no effect.
(5) The license fee required by this subchapter has not been paid.
(6) An applicant or applicant's spouse 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.
(7) An applicant or the proposed establishment is in violation of or is not in compliance with any provision of this chapter.
(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;
h. Possession of child pornography;
2. Any of the following offenses as described in Tex. Penal Code, Ch. 21:
a. Public lewdness;
b. Indecent exposure;
c. Indecency with a child;
3. Sexual assault or aggravated sexual assault as described in Tex. Penal Code, Ch. 22;
4. Prohibited sexual conduct or enticing 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; or
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 offenses occurring within any 24-month period.
(B) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse.
(C) When issued, the certificate shall state on its face:
(1) The full name, address and telephone number of the person(s) (the operator) to whom it is granted;
(2) The name, address and telephone number of the establishment;
(3) A description of specifically what type of sexually oriented business operation has been approved to be conducted on the premises; and
(4) The expiration date.
(D) The license 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.
(Ord. 310, passed 3-11-2010)