§ 110.27  ISSUANCE OR DENIAL.
   (A)   A Class I SOBP shall be issued within 45 days of submission of a complete application unless the application is denied.  The 45 days shall run from the date the City Manager issues the receipt pursuant to § 110.23(A).
   (B)   A Class II SOBP shall be issued within seven days unless the application is denied.  The seven days shall run from the date the City Manager issues the receipt pursuant to § 110.23(A)
   (C)   The City Manager shall defer determination whether to issue a SOBP until final disposition of any charge of any crimes listed in division (E)(1)(d) below that is pending or arises during the investigation period.  No temporary SOBP shall be issued before there is a final determination of criminal charge.
   (D)   If the City Manager finds that the determination on whether to issue a SOBP can be issued cannot be made within the time period stated in division (A) above, a written notice stating the reasons for the delay shall be sent to the applicant within that time period.
   (E)   The SOBP shall be denied upon the finding of the City Manager of any of the following facts:
      (1)   The applicant, or if the applicant is a corporation, partnership, or other business entity, any officer, director, partner, or participant required to be identified in the application, was convicted of any of the crimes listed below and:
         (a)   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;
         (b)   Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense;
         (c)   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 a combination of misdemeanor offenses occurring within a 24-month period; and/or
         (d)   The crimes considered in applying this section are:
            1.   Prostitution; promotion of prostitution; aggravated promotion of prostitution; compelling prostitution; obscenity; sale, distribution, or display of harmful material to a minor; sexual performance by a child; or possession of child pornography, as described in Tex. Penal Code, Ch. 43;
            2.   Public lewdness, indecent exposure, or indecency with a child, as described in Tex. Penal Code, Ch. 21;
            3.   Sexual assault or aggravated sexual assault, as described in Tex. Penal Code, Ch. 22;
            4.   Incest, solicitation of a child, or harboring a runaway child, as described in Tex. Penal Code, Ch. 25;
            5.   Gambling, gambling information, possession of gambling devices or equipment, or possession of gambling paraphernalia, as described in Tex. Penal Code, Ch. 47;
            6.   Forgery, credit card abuse, or commercial bribery, as described in Tex. Penal Code, Ch. 32;
            7.   Theft;
            8.   A criminal offense, as described in Tex. Health and Safety Code, Ch. 481, Subchapter D;
            9.   A criminal offense, as described in Tex. Penal Code, Ch. 34;
            10.   Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses or any other offense in another state that, if committed in this state, would have been punishable as one or more of the aforementioned offenses; or
            11.   A violation of these regulations described in § 110.37(A).
      (2)   The enterprise, as proposed, is a prohibited enterprise pursuant to § 110.37(B); the enterprise does not meet all the requirements of these regulations; or the enterprise is otherwise prohibited by local, state, or federal law;
      (3)   The applicant has knowingly made a misleading statement of a material fact by omitting or falsifying information in the application for the SOBP;
      (4)   The applicant, if an individual, is under 18 years of age;
      (5)   The applicant or enterprise operator has had a SOBP revoked for the same enterprise within the 180-day period immediately preceding the date the application was filed;
      (6)   An applicant is delinquent in the payment to the city of taxes, fees, fines, or penalties assessed or imposed regarding the operation of a sexually-oriented business;
      (7)   The application or renewal fee required by these regulations has not been paid; or
      (8)   An applicant or enterprise operator has owned or been employed in a managerial capacity of a business location within the preceding 12 months and during that period that business or location constituted a common or public nuisance as defined in Tex. Civil Practice and Remedies Code, Ch. 125.
   (F)   The City Manager shall attach reasonable conditions on a SOBP pursuant to the recommendations of the hearing official if a public hearing was held under § 110.26.  These conditions shall address the public health and safety concerns identified in the hearing.
   (G)   A Class I SOBP shall be valid for one year from the date it is issued, a Class II SOBP shall be valid until the individual's next birth date, unless the SOBP is revoked or suspended pursuant to these regulations, the enterprise is sold or is revoked or transferred, or the SOBP is canceled by written request of the applicant.  The renewal fee for the initial Class II SOBP will be reduced to reflect proration of the application fee based on the portion of the year for which the initial SOBP was valid.
   (H)   In the event that the City Manager determined that the SOBP is denied pursuant to these regulations, the applicant shall be given written notice of the reason for that determination.  The written notice provided under this section does not prohibit the city, in litigation or appeal, from presenting evidence of additional or alternative facts that support denial of the SOBP.
(Ord. 02-0521, passed 5-21-2002)