§ 50-30. Grounds for revocation.

(a)

The city secretary may revoke a sexually oriented business license:

(1)

If a cause of suspension in section 50-29 occurs and the license has been ordered suspended by the city secretary for a 30-day period pursuant to section 50-32(b)(4) within the preceding year;

(2)

If the city secretary determines that on two or more occasions within a five year period of time a licensee or operator (or any combination thereof) has/have been convicted of or placed on deferred disposition, probation or community supervision for conduct occurring in a licensing period on the premises of a sexually oriented business that constitutes any of the offenses of the state or criminal attempt, conspiracy, or solicitation to commit same for:

a.

Any of the following offenses as described in V.T.C.A., Penal Code ch. 43:

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:

1.

Public lewdness;

2.

Indecent exposure;

3.

Indecency with a child;

c.

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

d.

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

(3)

If a licensee or operator gave false or misleading information in the material submitted to the city secretary during the application process;

(4)

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

(5)

If a licensee or operator has on two or more occasions knowingly allowed prostitution on the premises;

(6)

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

(7)

If a licensee or operator has, on two or more occasions, 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 Vernon's Ann. C.C.P. art. 62.001 et seq.;

(10)

If a license is transferred in violation of section 50-34(a).

(b)

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

(c)

Subsection (a)(7) of this section does not apply to sexually oriented 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.

(Ord. No. 2005-01, § 4.06, 1-27-2005)