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<br />-6- <br /> <br />(4) An applicant or an applicant's spouse has been <br />convicted of a violation of a provision of this chapter, <br />other than the offense of operating a sexually oriented <br />business without a license, within two years immediately <br />.preceding the application. The fact that a conviction is <br />being appealed shall have no effect. <br /> <br />(5) The premises to be used for the sexually <br />oriented business have not been approved by the City/County <br />Heal th Department, the San Marcos Fire Department, and the <br />City's building official as being in compliance with <br />applicable laws and ordinances. <br /> <br />(6) The license fee required by this chapter has <br />not been paid. <br /> <br />(7) An applicant or the proposed establishment is <br />in violation of or is not in compliance with Section 37-7, <br />37-12, 37-13, 37-14, 37-15, 37-16, 37-17, 37-18, 37-19, or <br />37-20. <br /> <br />(8) <br /> <br />An applicant has been convicted of a crime: <br /> <br />(A) <br /> <br />involving: <br /> <br />described in <br />successor: <br /> <br />(i) any of the following offenses as <br />Chapter 43 of the Texas Penal Code or its <br /> <br />(aa) prostitution; <br />(bb) promotion of prostitution: <br /> <br />prostitution; <br /> <br />(cc) aggravated <br /> <br />promotion <br /> <br />of <br /> <br />(dd) compelling prostitution; <br />(ee) obscenity; <br /> <br />(ff) sale, distribution, or display <br />of harmful material to minor: <br /> <br />(ii) any of the following offenses as <br />described in Chapter 21 of the Texas Penal Code or its <br />successor: <br /> <br />(aa) public lewdness; <br />(bb) indecent exposure; <br /> <br />(cc) indecency with a child; <br /> <br />(iii) sexual assualt or aggravated sexual <br />assault as described in Chapter 22 of the Texas Penal Code or <br />its successor; <br /> <br />(iv) incest, solicitation of a child, or <br />harboring a runaway child as described in Chapter 25 of the <br />Texas Penal Code or its successor; or <br /> <br />(v) criminal attempt, conspiracy, <br />solicitation to commit any of the foregoing offenses; <br /> <br />or <br /> <br />(B) <br /> <br />for which: <br /> <br />(i) less than two years have elapsed <br />since the date of conviction or the date of release from <br />confinement imposed for the conviction, whichever is the <br />later date, if the conviction is a misdemeanor offense; <br />