§ 114.15 REVOCATION.
   (A)   The City Administrator and/or City Secretary shall revoke a license if a cause of suspension in § 114.14 of this chapter occurs and the license has been suspended within the preceding 12 months.
   (B)   The City Administrator and/or City Secretary 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 Administrator and/or City Secretary 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;
      (5)   A licensee has been convicted of an offense listed in § 114.10(A)(9)(a) for which the time period required in § 114.10(A)(9)(b) has not elapsed;
      (6)   On two or more occasions within a 12-month period, a person or persons committed an offense, occurring in or on the licensed premises, of a crime listed in § 114.10(A)(9)(a), for which a conviction has been obtained, and the person or persons were agents or employees of the sexually oriented business at 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 licensed 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) of this section 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 Administrator and/or City Secretary revokes a license, the revocation shall continue for one year and the licensee shall be issued a sexually oriented business license for one year from
the date revocation became effective. If, subsequent to revocation, the City Administrator and/or City Secretary 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) of this section, an applicant may not be granted another license until the appropriate number of years required under § 114.10(A)(9)(b) has elapsed.
(Ord. 884, passed 11- -02)