(A) The City Manager and/or Director of Public Works shall revoke a license if a cause of suspension in § 112.09 occurs and the license has been suspended within the preceding 12 months.
(B) The City Manager and/or Director of Public Works shall revoke a license if he or she determines that:
(1) A licensee gave false or misleading information in the material submitted to the City Manager and/or Director of Public Works during the application process;
(2) A licensee, an agent or an employee has knowingly allowed possession, use or sale of controlled substances on the premises;
(3) A licensee, an agent or an employee has knowingly allowed prostitution on the premises;
(4) A licensee, an agent or an employee 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 and offense, occurring in or on the licensed premises, of a crime listed in § 112.05(A)(9)(a), for which a conviction has been obtained, and the person or persons were agents or employees of the sexually oriented business and the time the offenses were committed;
(7) A licensee or agent or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in or on the licenses premises. The term SEXUAL CONTACT shall have the same meaning as it is defined in Tex. Penal Code § 21.01; or
(8) A licensee is delinquent in payment to the city for any ad valorem taxes, sales or other taxes related to the sexually oriented business.
(C) The fact that a conviction is being appealed shall have 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, agent 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 City Manager and/or Director of Public Works revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date revocation became effective. If, subsequent to revocation, the City Manager and/or Director of Public Works finds that the basis for the revocation has been corrected or abated, the applicant may 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 be granted another license until the appropriate number of years required under § 112.05(A)(9)(b) has elapsed.
(Ord. passed 12-16-1997)