§ 18.292. Revocation.

(a)

The chief of police shall revoke an adult oriented business license if a cause of suspension in section 18.291 occurs and the license has been suspended within the preceding 12 months.

(b)

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

(1)

A licensee gave false or misleading information on the material submitted 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 adult oriented business during a period of time when the license was suspended;

(5)

A licensee has been convicted of an offense listed in subsection 18.288(a)(8)a for which the time period required in subsection 18.288(a)(8)b has not elapsed;

(6)

On two or more occasions within a 12-month period, a person committed a criminal offense in or on the licensed premises and the criminal offense is listed in subsection 18.288(a)(8)a, for which a conviction has been obtained, and the person was an employee of the adult oriented business at the time the offense was 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" has the same meaning as defined in V.T.C.A., Penal Code, § 21.01; or

(8)

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

(c)

The fact that a conviction is being appealed has 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 an adult oriented business license for one year from the date revocation became effective. If subsequent to revocation, the chief of police finds that, for a violation of subsection (b)(1) or (8) of this section, 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 18.288(a)(8)b.

(Ord. No. 2010-27, § 2, 5-18-10)