(A) Upon receiving an application for a license, the Chief of Police, or his or her designee, shall conduct an investigation for the purpose of determining whether the requirements of this subchapter have been satisfied. The Chief of Police shall coordinate this investigation in order to determine if the application complies with the locational and sign requirements as set forth in these regulations. The Chief of Police shall deny the application for a license if any requirement of this subchapter is not satisfied.
(B) The Chief of Police shall deny the application for a license if one or more of the following is determined to be true:
(1) An applicant is under 18 years of age or under 21 years of age if alcoholic beverages are to be served or consumed in the establishment or on the premises;
(2) 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 a sexually oriented business;
(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 subchapter, 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 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) The premises to be used for the sexually oriented business have not been approved by the Health Department, Fire Department and the Building Official as being in compliance with applicable laws and ordinances;
(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 the Tex Penal Code, §§ 43.01 et seq.: prostitution, promotion of prostitution; aggravated promotion of prostitution; obscenity; sale, distribution or display of harmful material to minors; sexual performance by a child; possession of child pornography; employment harmful to minors;
2. Any of the following offenses as described in Tex. Penal Code, §§ 21.01 et seq.: indecent exposure; indecency with a child;
3. Sexual assault or aggravated sexual assault as described in Tex. Penal Code, §§ 22.01 et seq.;
4. Incest, solicitation of a child or harboring a runaway child as described in Tex. Penal Code,§ 25.01 et seq.; 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;
2. 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 felony offense;
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.
(C) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant’s spouse.
(D) An applicant who has been convicted or whose spouse has been convicted of an offense listed in division (B) of this section may qualify for a sexually oriented business license only when the time period required by that subsection has elapsed.
(E) 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.
(F) The Chief of Police shall notify each applicant of their eligibility for a license within 30 days of receipt of the completed application. If the applicant complies with the provisions of these regulations, then the Chief of Police shall issue a license. In the event that an applicant fails to comply with these regulations, then the applicant shall be so notified and be entitled to a hearing held pursuant to the provisions of this subchapter.
(`87 Code, § 14-180) (Am. Ord. 1994-16, passed 9-20-94; Am. Ord. 2007-15, passed 11-20-07)