§ 4-24. Issuance of license.

(a)

The chief of police shall approve the issuance of a license to an applicant within 30 days after receipt of an application unless he finds one or more of the following to be true:

(1)

An applicant is under 18 years of age.

(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 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 or an applicant's spouse has been convicted of a violation of a provision of this article, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.

(5)

The license fee required has not been paid.

(6)

An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding 12 months and has demonstrated that he is unable to operate or manage a sexually oriented business premises in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.

(7)

An applicant or the proposed establishment is in violation of or is not in compliance with sections 4-22, 4-26, and 4-31 through 4-37.

(8)

An applicant or an applicant's spouse has been convicted of a crime:

a.

Involving:

1.

Any of the following offenses as described in chapter 43 of the Texas Penal Code:

(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 minor;

(vii)

Sexual performance by a child;

(viii)

Possession of child pornography.

2.

Any of the following offenses as described in chapter 21 of the Texas Penal Code:

(i)

Public lewdness;

(ii)

Indecent exposure;

(iii)

Indecency with a child.

3.

Sexual assault or aggravated sexual assault as described in chapter 22 of the Texas Penal Code;

4.

Incest, solicitation of a child, or harboring a runaway child as described in chapter 25 of the Texas Penal Code; or

5.

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

b.

For which:

1.

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;

2.

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

3.

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.

(b)

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse.

(c)

An applicant who has been convicted or whose spouse has been convicted of an offense listed in subsection (a)(8) of this section a may qualify for a sexually oriented business license only when the time period required by subsection (a)(8)b of this section has elapsed.

(d)

The license, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the address of the sexually oriented business. The license shall 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.

(Code 1994, § 4.506)