§ 4-62. Issuance or denial.

(a)

Except as provided in this section, a class I SOBP shall be issued within 45 days of submission of a complete application, unless the application is denied.

(b)

Except as provided in this section, a class II SOBP shall be issued within seven business days, unless the application is denied.

(c)

The determination on whether to approve an SOBP shall be deferred until final disposition of any charge of any of the crimes listed in subsection 4-62(e)(1)b. that is pending or arises during the investigation period. No temporary SOBP shall be issued before there is a final determination of the criminal charge.

(d)

If the director determines that the determination on whether an SOBP can be issued cannot be made within the time period stated in subsection (a) or (b) above, a written notice stating the reasons for the delay shall be sent to the applicant within that time period.

(e)

The SOBP shall be denied upon the finding by the director of any of the following facts:

(1)

a.

The applicant, or if the applicant is a corporation, partnership or other business entity, any officer, director, partner or participant required to be identified in the application, was convicted of any of the crimes listed below and:

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 a misdemeanor offense;

2.

Less then five years have elapsed since the date of conviction or date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

3.

Less then 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 a 24-month period.

b.

The crimes considered in applying this section are:

1.

Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution or display of harmful material to a minor, sexual performance by a child, or possession of child pornography as described in V.T.C.A., Penal Code ch. 43;

2.

Public lewdness, indecent exposure or indecency with a child as described in V.T.C.A., Penal Code ch. 21;

3.

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

4.

Incest, solicitation of a child or harboring a runaway child as described in V.T.C.A., Penal Code ch. 25;

5.

Gambling, gambling promotion, keeping a gambling place, communicating gambling information, possession of gambling devices or equipment or possession of gambling paraphernalia as described in V.T.C.A., Penal Code ch. 47;

6.

Forgery, credit card abuse or commercial bribery as described in V.T.C.A., Penal Code ch. 32;

7.

A criminal offense as described in V.T.C.A., Health and Safety Code ch. 481, subch. D;

8.

A criminal offense as described in V.T.C.A., Penal Code ch. 34;

9.

Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses; or any other offense in another state that, if committed in this state, would have been punishable as one or more of the aforementioned offenses; or

10.

A violation of these regulations described in sections 4-29 and 4-92.

(2)

The actual or proposed location of the enterprise is within a prohibited use area as established by the zoning regulations of the city;

(3)

The requisite distance requirements stated in subsection 4-58(f)(4) and determined in accordance with subsection (f) below are not satisfied;

(4)

The applicant failed to supply all of the information requested on the application;

(5)

The applicant gave materially false, fraudulent or untruthful information on the application;

(6)

The applicant's enterprise is not in compliance with the requirements of this article;

(7)

The applicant, if an individual, is under 18 years of age;

(8)

The applicant has not fully complied with all state, federal and local laws or regulations affecting the conduct of its business;

(9)

The application or renewal fee required by this article has not been paid;

(10)

An applicant is delinquent in the payment to the city of taxes, fees, fines or penalties assessed or imposed regarding the operation of a sexually oriented business;

(11)

An applicant or operator has owned or been employed in a managerial capacity of a business or location within the preceding 12 months during that period that business or location constituted a common or public nuisance as defined in V.T.C.A., Civil Practice and Remedies Code ch. 125;

(12)

The operator has had a permit revoked for the same enterprise within the 180-day period next preceding the date that the application was filed; or

(13)

The applicant has not demonstrated that the owner of the enterprise owns or holds a lease for the property or the applicable portion thereof upon which the enterprise will be situated or has a legally enforceable right to acquire the same.

(f)

Property uses and distances for original applications shall be determined as of the time that the application is filed. If a renewal application is timely filed as provided in section 4-66, the property uses and measurements for the renewal application shall be determined as of the time that the original application for the enterprise was filed. If not timely filed, renewal applications shall be subject to the same fees and shall be treated in the same manner in all respects as original applications.

(g)

The director may attach reasonable conditions on an SOBP pursuant to the recommendations of the hearing officer if a public hearing was held under section 4-61. These conditions shall address the public health and safety concerns identified in the hearing.

(h)

In the event that the director determines that an applicant is not eligible for a permit, the applicant shall be given notice in writing of the reasons for the denial within the time period prescribed in subsections (a) and (b) above and as may be extended pursuant to subsections (c) and (d) above.

(Ord. No. 8301, § 3, 6-11-98; Ord. No. 13,905 , § 6, 10-25-18)