98-038 ORD PROVIDING THAT ORDINANCE NO 1710 BE AMENDED BY ADDING ARTICLE SIX OF CHAPTER 21 TO BE NUMBERED SECTIONS 21-125 THROUGH 21-149 OF SAID ORDINANCE

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Sec.21-134. REVOCATION. (a) The Chief of Police shall revoke a license if a cause of suspension in Sec. 21-133 of this Ordinance occurs and the license has been suspended within the preceding twelve (12) months. (b) The Chief of Police shall revoke 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, an agent or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises; (3) a licensee, an agent or an employee has knowingly allowed prostitution on the premises; (4) a licensee, an agent 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 Sec. 21-129(a)(9)(A) for which the time period required in Sec. 21-129(a)(9)(B) has not elapsed; (6) on two (2) or more occasions within a 12-month period, a person or persons committed an offense, occurring in or on the licensed premises, of a crime listed in Sec. 21-129(a)(9)(A), for which a conviction has been obtained, and the person or persons were agents or employees of the sexually oriented business at the time the offenses were committed; (7) a licensee or an agent 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; or (8) a licensee is delinquent in payment to the City for any ad valorem taxes, sales or other taxes related to the sexually oriented business. (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, agent 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.