§ 22-47. Grounds for revocation

(a) The chief of police may revoke a sexually oriented business license:

(1) If a cause of suspension in section 22-46 occurs and the license has been ordered suspended by the chief of police for a 30-day period pursuant to section 22-46 within the preceding year; or

(2) If the chief of police determines that on two or more occasions within any five-year time period, a licensee, owner, operator or employee (or any combination thereof) has/have been convicted of or placed on deferred disposition, probation or community supervision for conduct occurring on the premises of a sexually oriented business that constitutes any of the offenses of the State of Texas or criminal attempt, conspiracy, or solicitation to commit same for the following offenses (except the chief of police may, if he determines that the criminal offense of sexual performance of a child has occurred on a single occasion, revoke the sexually oriented business license):

a. Any offenses as described in V.T.C.A., Penal Code ch. 43 including:

(1) Prostitution;

(2) Promotion of prostitution;

(3) Aggravated promotion of prostitution;

(4) Compelling prostitution;

(5) Obscenity;

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

(7) Sexual performance by a child;

(8) Possession of child pornography;

b. Any of the following offenses as described in V.T.C.A., Penal Code ch. 21:

(a) Public lewdness;

(b) Indecent exposure;

(c) Indecency with a child;

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

d. Incest, solicitation of a child or harboring a runaway child and other offenses contained in V.T.C.A., Penal Code ch. 25; or

e. Those crimes defined as "drug-defined offenses" or "drug-related offenses" by the Bureau of Justice Statistics Drug and Crime Data Fact Sheet, 1994, for which punishment would be classified as a felony as set forth in V.T.C.A., Penal Code § 12.04

(3) If a licensee, owner or operator gave false or misleading information in the material submitted to the chief of police during the application process;

(4) If a licensee, owner or operator has knowingly allowed possession, use or sale of a controlled substance on the premises;

(5) If a licensee, owner or operator has on two (2) or more occasions knowingly allowed prostitution on the premises;

(6) If a licensee, owner or operator knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;

(7) If a licensee, owner or operator has, on one or more occasion, 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 V.T.C.A., Penal Code § 21.01;

(8) If 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;

(9) If the licensee is required to register as a sex offender under the provisions of V.T.C.A., Criminal Procedure Code ch. 62

(10) If a license is transferred in violation of section 22-51(a).

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

(c) Section 22-47(a)(7) does not apply to adult motels as a ground for revoking the license, unless the licensee, owner, operator or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in public place or within public view.

(Ord. No. 10-09-853, § 2, 9-7-2010)