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(A) The Director shall have the authority to revoke a permit for any one or more of the following reasons:
(1) The owner or operator of the permitted enterprise knowingly allowed a person under 21 years of age to enter an enterprise;
(3) Three or more cumulative violations of any of the offenses contained in Tex. Penal Code §§ 21.01 et seq., or Tex. Penal Code §§ 43.01 et seq., or Tex. Penal Code §§ 22.011 or 22.021, or of the offenses contained in this chapter, have occurred on the premises of the permitted enterprise. These violations must have occurred in a consecutive period of 12 months, and the owner or operator must have knowingly allowed such violations to occur or did not make a reasonable effort to prevent the occurrence of such violations;
(4) The operator of the permitted enterprise gave materially false, fraudulent or untruthful information on the original, renewal or transfer application form;
(5) The enterprise has been closed for business for a period of 30 consecutive days, unless such closure is due to circumstances beyond the control of the owner and the owner is proceeding with due diligence, given all attendant circumstances, to reopen the establishment;
(6) There was a change of owner or operator for which a transfer application was not timely filed pursuant to § 117.06 of this chapter; and
(7) The permit should not have been issued pursuant to the criteria of § 117.05 of this chapter.
(B) Prior to revocation of a permit, the Director shall investigate the grounds alleged to determine whether probable cause for revocation may exist and, if so, shall notify the owner and operator in writing of the reasons for the proposed revocation and grant such owner and operator the opportunity to appear before a Hearing Official to be designated by the Director at a time and place specified within such notice. The Hearing Official designated shall not have participated in any investigation of the alleged grounds for the revocation. Such hearing shall be held not less than 15 days after the notice is given. Hearings shall be conducted under rules issued by the Director. Such rules shall be consistent with the nature of the proceedings and shall ensure that each party may present evidence, cross examine witnesses and be represented by legal counsel. If, after the hearing, the Hearing Official finds that the permit should be revoked, he or she shall issue a written order revoking such permit, which shall be effective on the third day after notice thereof is given to the operator. If the Hearing Officer determines, based upon the nature of the violation, that the ends of justice would be served by a suspension in lieu of a revocation, he or she may suspend the operation of the permit for a period of time to be stated in the order of suspension, not to exceed two months; however, a suspension may not be ordered if the grounds are based upon divisions (A)(6) or (A)(7) above.
(C) The owner or operator shall have the right to appeal an order of the Hearing Official revoking a permit to the City Commission in accordance with the procedure set forth in § 117.05(F) of this chapter by delivering notice of appeal to the City Secretary within 15 days after notice is given to the owner and operator of the order. The filing of an appeal of a revocation to the City Commission shall not have the effect of superseding or suspending the order of the Director. Orders suspending permits shall not be subject to any appeal.
(D) An enterprise shall be treated as having a permit for purposes of measurements under § 117.05(B)(2) of this chapter pending the date for filing an appeal of a permit revocation and, if an appeal is filed, pending the disposition of the appeal by the City Commission. An establishment holding a suspended permit shall be treated as having a permit for the purpose of measurements made under § 117.05(B)(2) of this chapter.
(1998 Code, § 26-67)
(A) A permit is valid only at the location for which it is issued.
(B) It shall be unlawful for any person to counterfeit, forge, change, deface or alter a permit.
(C) A permit may be canceled upon written request of the owner or operator and surrender of the permit itself to the Director. Permits shall be surrendered at the same place and at the same time as permit applications, as provided in § 117.03 of this chapter. The surrender of a permit shall be effective upon its filing in the office of the Captain of the Vice Division.
(1998 Code, § 26-68) Penalty, see § 117.99
(A) It shall be unlawful for an owner or operator of a regulated establishment to allow the merchandise or activities of the regulated establishment to be visible from any point outside such regulated establishment.
(B) It shall be unlawful for the owner or operator of a regulated establishment to allow the exterior portions of the regulated establishment to have flashing lights or any words, lettering, photographs, silhouettes, drawings or pictorial representations of any manner, except to the extent permitted by the provisions of this chapter.
(C) It shall be unlawful for the owner or operator of a regulated establishment to allow exterior portions of the regulated establishment to be painted any color other than a single achromatic color. This provision shall not apply to any regulated establishment if the following conditions are met:
(1) The regulated establishment is a part of a commercial multi-unit center; and
(2) The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the regulated establishment, are painted the same color as one another or are painted in such a way so as to be a component of the overall architectural style or pattern of the commercial multi-unit center.
(D) Nothing in this chapter shall be construed to require the painting of an otherwise unpainted exterior portion of a regulated establishment.
(1998 Code, § 26-69) Penalty, see § 117.99
(A) Notwithstanding Ch. 160 of this code of ordinances pertaining to buildings and building regulations, or any other city ordinance, code or regulation to the contrary, it shall be unlawful for the owner or operator of any regulated establishment or any other person to erect, construct or maintain any sign for the regulated establishment other than one primary sign and one secondary sign as provided in this section.
(B) Primary signs shall have no more than two display surfaces. Each display surface shall:
(1) Not contain any flashing lights;
(2) Be a flat plane, rectangular in shape;
(3) Not exceed 75 square feet in area; and
(4) Not exceed ten feet in height or ten feet in length.
(C) Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations of any manner and may contain only:
(1) The name of the regulated establishment; and/or
(2) One or more of the following phrases:
(a) Adult bookstore;
(b) Adult encounter parlor;
(c) Adult cabaret;
(d) Adult lounge;
(e) Adult novelties;
(f) Adult entertainment; and
(g) Adult modeling studio.
(D) Each letter forming a word on a primary sign shall be of a solid color, and each such letter shall be the same print type, size and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color.
(E) Secondary signs shall have only one display surface. Such display surface shall:
(1) Be a flat plane, rectangular in shape;
(2) Not exceed 20 square feet in area;
(3) Not exceed five feet in height and four in width; and
(4) Be affixed or attached to any wall or door of the establishment.
(F) The provisions of divisions (B)(1), (C) and (D) above shall also apply to secondary signs.
(1998 Code, § 26-70) Penalty, see § 117.99
(A) It shall be unlawful to allow a person who is younger than 18 years of age to enter or be on the premises of a regulated establishment at any time that the regulated establishment is open for business.
(B) It shall be the duty of the operator of each regulated establishment to ensure that an attendant is stationed at each public entrance to the regulated establishment at all times during such regulated establishment’s regular business hours. It shall be the duty of the attendant to not allow any person under the age of 18 years to enter the regulated establishment. It shall be presumed that an attendant knew a person was under the age of 18 unless such attendant asked for and was furnished:
(1) A valid operator’s, commercial operator’s or chauffeur’s driver’s license; or
(2) A valid personal identification certificate issued by the State Department of Public Safety reflecting that such person is 18 years of age or older.
(1998 Code, § 26-71) Penalty, see § 117.99
(A) Any notice required or permitted to be given by the Director or any other city office, division, department or other agency under this chapter to any applicant, operator or owner of an enterprise may be given either by personal delivery or by certified United States mail, postage prepaid, return receipt requested, addressed to the most recent address as specified in the application for the permit or transfer application which has been received by the Director or any notice of address change which has been received by the Director. Notices mailed as provided in this division (A) shall be deemed given upon their deposit in the United States mail. If any notice given by mail is returned by the postal service, the Director shall cause it to be posted at the principal entrance to the establishment.
(B) Any notice required or permitted to be given to the Director by any person under this chapter shall not be deemed given until and unless it is received in the office of the Captain of the Vice Division at the time and in the manner provided for filing of applications in § 117.03 of this chapter.
(C) It shall be the duty of each owner who is designated on the permit application and each operator to furnish notice to the Director in writing of any change of residence or mailing address.
(1998 Code, § 26-72)
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