§ 26-256. Issuance of license.

(a)

The chief of police shall approve the issuance of a license by the special collections division of the water utilities department to an applicant within 30 days after receipt of an application unless the chief of police finds one or more of the following to be true:

(1)

An applicant is a minor.

(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, an applicant's spouse, or a designated operator has been convicted of a violation of a provision of this article within two years immediately preceding the application.

(5)

Any fee required by this article has not been paid.

(6)

An applicant or the proposed establishment is in violation of or is not in compliance with section 26-258, 26-259, 26-266, 26-267, 26-269, 26-270, 26-271, 26-272, 26-273, 26-274, 26-275, 26-276, or 26-277(a).

(7)

An applicant, an applicant's spouse, or a designated operator has been:

a.

Convicted of any of the following offenses:

1.

As described in V.T.C.A. Penal Code, ch. 43:

i.

Prostitution;

ii.

Promotion of prostitution;

iii.

Aggravated promotion of prostitution;

iv.

Compelling prostitution;

v.

Obscenity;

vi.

Sale, distribution, or display of harmful material to a minor;

vii.

Sexual performance by a child; or

viii.

Possession of child pornography.

2.

As described in V.T.C.A. Penal Code, ch. 21:

i.

Public lewdness;

ii.

Indecent exposure; or

iii.

Indecency with a child.

3.

Sexual assault or aggravated sexual assault as described in V.T.C.A. Penal Code, ch. 22;

4.

Incest, solicitation of a child, or harboring a runaway child as described in V.T.C.A. Penal Code, ch. 25; or

5.

Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses; and

b.

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;

c.

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; or

d.

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.

(9)

An applicant has been operating the proposed business as a sexually oriented business without a valid license issued under this article.

(10)

Operation of the proposed sexually oriented business would violate the city's zoning ordinances.

(b)

The fact that a conviction is being appealed has no effect on the disqualification of the applicant, the applicant's spouse, or a designated operator under subsection (a).

(c)

Except as otherwise provided in this subsection, when the chief of police denies issuance or renewal of a license, the applicant may not apply for or be issued a sexually oriented business license for one year after the date the denial became final.

(1)

If, subsequent to the denial, the chief of police finds that the basis for the denial has been corrected or abated, the applicant may apply for and be granted a license if at least 90 days have elapsed since the date the denial became final.

(2)

If issuance or renewal of a license is denied under subsection (a)(6) for a violation of section 26-267 only, the applicant may be granted a license immediately upon compliance with section 26-267 of this article.

(3)

If issuance or renewal of a license is denied under subsection (a)(7)a., the applicant may not apply for or be issued another sexually oriented business license until the appropriate number of years required by subsection (a)(7)b. has elapsed.

(4)

If issuance or renewal of a license is denied under subsection (a)(4), the applicant may not apply for or be issued another sexually oriented business license until the time period required by subsection (a)(4) has elapsed.

(d)

The chief of police, upon approving issuance of a sexually oriented business license, shall send to the applicant, by certified mail, return receipt requested, written notice of that action and state where the applicant must pay the license fee and obtain the license. The chief of police's approval of the issuance of a license does not authorize the applicant to operate a sexually oriented business until the applicant has paid all fees required by this article and obtained possession of the license.

(e)

The license, if granted, must 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 must 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.

(Ord. No. O-01-15 , § I, 1-12-2015)