(A) The Director of Public Safety shall approve the issuance of a license to an applicant within 30 days after receipt of an application unless the Director of Public Safety finds one or more of the following to be true.
(1) The location of the adult entertainment establishment is or would be in violation of this chapter.
(2) The applicant failed to supply all of the information requested on the application.
(3) The applicant gave false, fraudulent or untruthful information on the application.
(4) An applicant is under 18 years of age.
(5) 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 an adult entertainment establishment.
(6) 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 an adult entertainment establishment without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.
(7) The license application fee required by this chapter has not been paid.
(8) The applicant has not demonstrated that the owner of the adult entertainment establishment owns or holds a lease for the property or the applicable portion thereof upon which the adult entertainment establishment will be situated or has a legally enforceable right to acquire the same.
(9) An applicant or the proposed establishment is in violation of or is not in compliance with of this chapter.
(10) An applicant or an applicant's spouse or employee has been convicted of a crime involving the following:
(a) Any of the following offenses as described in the Tex. Penal Code, Ch. 43:
1. Prostitution.
2. Promotion of prostitution.
3. Aggravated promotion of prostitution.
4. Compelling prostitution.
5. Obscenity.
6. Obscene display or distribution.
7. Sale, distribution or display of harmful material to a minor.
8. Sexual performance by a child.
9. Employment harmful to children.
10. Possession of child pornography.
(b) Any of the following offenses as described in the Tex. Penal Code, Ch. 21:
1. Public lewdness.
2. Indecent exposure.
3. Indecency with a child.
4. Improper photography or visual recording.
(c) Sexual assault or aggravated sexual assault as described in the Tex. Penal Code, Ch. 22.
(d) Incest, solicitation of a child or harboring a runaway child as described in the Tex. Penal Code, Ch. 25.
(e) Any felony as described in the Texas Penal Codes.
(f) Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses.
(g) Any similar sex-related offense to those described above under the criminal or penal code of any state or country.
1. For which less than two years have elapsed since the date of conviction or the date of release from the terms of probation, parole or deferred adjudication 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. For which less than five years have elapsed since the date of conviction or the date of release from the terms of probation, parole or deferred adjudication 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. For which 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 this section may qualify for an adult entertainment establishment license only when the time period required by this section 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 adult entertainment establishment.
(E) The license shall be posted in a conspicuous place at or near the entrance to the adult entertainment establishment so that it may be easily read at any time.
('78 Code, § 2.5-32) (Ord. 969, passed 8-9-93; Am. Ord. 1597, passed 10-23-06) Penalty, see § 112.99