(A) The Chief of Police, or other agent designated by the city, shall revoke a license if a cause of suspension in § 113.09 occurs and the license has been suspended within the preceding 12 months.
(B) The Chief of Police, or other agent designated by the city, shall revoke a license if the Chief of Police, or other agent designated by the city, determines that one or more of the following is true:
(1) A licensee gave false or misleading information in the material submitted to the Chief of Police, or other agent designated by the city, during the application process.
(2) A licensee or an operator has knowingly allowed possession, use, or sale of controlled substances on the premises.
(3) A licensee or an operator has knowingly allowed prostitution on the premises.
(4) A licensee or an operator knowingly 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 sexually oriented business premises of a crime listed in § 113.05(A)(8)(a) for which a conviction has been obtained, and the person or persons were employees of the licensee or the sexually oriented business at the time the offenses were committed.
(7) A licensee or an operator has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the sexually oriented business premises. The term SEXUAL CONTACT shall have the same meaning as it is defined in Tex. Penal Code § 21.01.
(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.
(9) A licensee or an operator has violated § 113.14.
(10) A licensee or an operator has violated § 113.17(A).
(C) The fact that a conviction is being appealed has 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 Chief of Police, or other agent designated by the city, revokes a license, the revocation will continue for one year, and the licensee, for one year after the date revocation becomes effective, shall not apply for or be issued a sexually oriented business license for the same location for which the license was revoked. If, subsequent to revocation, the Chief of Police, or other agent designated by the city, finds that the basis for the revocation has been corrected or abated, the applicant may apply for and 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) above, an applicant may not apply for or be granted another license until the appropriate number of years required under § 113.05(A)(8)(2) has elapsed.
(Ord. 17-0619, passed 6-19-2017)