(a) The Chief of Police of the city shall approve the issuance of 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 the 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. The city Finance Director shall make this determination and report the Director's findings to the Chief of Police within 30 days from the time the application is filed.
(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 article, 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. The Chief of Police shall make this determination within 30 days from the time the application is filed.
(5) the premises to be used for the sexually-oriented business have not been approved by the Chief of Police as being in compliance with this article. Reports of compliance or noncompliance with this article must be completed by the Chief of Police within 30 days from the time the application is filed.
(6) the license fee required by this article has not been paid.
(7) an applicant has failed to comply with the requirements of Section 58-117(i), (j), or (k) unless exempt under Section 58-117(l).
(8) 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.
(9) an applicant or the proposed establishment is in violation of, or is not in compliance with, Sections 58-120, 58-121, 58-126, 58-127, 58-128, 58-129, 58-130, 58-131, 58-132, 58-133, 58-134, or 58-135.
(10) an applicant or an applicant's spouse has been convicted of a crime:
a. involving:
1. any of the following offenses as described in Chapter 43 of the Texas Penal Code:
i. prostitution;
ii. promotion of prostitution;
iii. aggravated promotion of prostitution;
iv. compelling prostitution;
v. obscenity;
vi. sale, distribution, or display of harmful material to a minor;
vii. sexual performance by a child;
viii. possession of child pornography;
2. any of the following offenses as described in Chapter 21 of the Texas Penal Code:
i. public lewdness;
ii. indecent exposure;
iii. indecency with a child;
3. sexual assault or aggravated sexual assault as described in Chapter 22 of the Texas Penal Code;
4. incest, solicitation of a child, or harboring a runaway child as described in Chapter 25 of the Texas Penal Code;
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 shall have no effect on the disqualification of the applicant or applicant's spouse.
(c) An applicant who has been convicted or whose spouse has been convicted of an offense listed in subsection 58-118(a)(10) may qualify for a sexually-oriented license only when the time period required by subsection 58-118(a)(10)b. has elapsed.
(d) The license, if granted, shall 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 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.
(e) It shall be the duty of the Chief of Police to report to the applicant the findings under Section 58-118 within 30 days from the time the application is filed.
(f) No license shall be issued if the applicant is in violation of any health and safety statutes of the State of Texas or health and safety ordinances of the City of Longview.
(g) Any sexually-oriented business which is in operation on the effective date of this article shall have 60 days within which time to file an application with the Chief of Police. During the 30 day period as described in Section 58-118(a) said applicant who was in business on the effective date of this article cannot otherwise be regulated by this article.
(h) If the Chief of Police fails to act upon an application within the 30 day period specified in this article, the applicant shall be entitled to the issuance of a temporary license upon written demand thereto to the Chief of Police by the applicant. Such a temporary license shall be valid only until the third day after the Chief of Police issues the requested license or denies issuance of same. Denial of a license shall be appealable as set out in Section 58-125 of this article.
(Ord. No. 2414, 8-11-94)