§ 4-29. Revocation.

(a)

The chief of police shall revoke a license if a cause of suspension in section 4-28 occurs and the license has been suspended within the preceding 12 months.

(b)

The chief of police shall remove a license if he determines that:

(1)

A licensee gave false or misleading information in the material submitted to the chief of police during the application process;

(2)

A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises;

(3)

A licensee or an employee has knowingly allowed prostitution on the premises;

(4)

A licensee 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 section 4-24(a)(8)a for which the time period required in section 4-24(a)(8)b has not elapsed;

(6)

On two or more occasions within a 12-month period, a person committed an offense occurring in or on the licensed premises of a crime listed in section 4-24(a)(8)a, for which a conviction has been obtained, and the person was an employees of the sexually oriented business at the time the offenses were committed;

(7)

A licensee 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 section 21.01, Texas Penal Code;

(8)

A licensee is delinquent in payment to the city for hotel occupancy taxes, ad valorem taxes, or sales taxes related to the sexually oriented business; or

(9)

A licensee has refused to permit an inspection of the premises by the chief of police or his designee.

(c)

The fact that a conviction is being appealed shall have no effect on the revocation of the license.

(d)

Subsection (b)(7) of this section does not apply to adult motels as a ground for revoking the license unless the licensee 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 chief of police revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date revocation became effective. If, subsequent to revocation, the chief of police 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 subsection (b)(5) of this section, an applicant may not be granted another license until the appropriate number of years required under section 4-24(a)(8)b has elapsed.

(Code 1994, § 4.511)