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<br />-7- <br /> <br />(ii) less than five years have elapsed <br />since the date of conviction or the date of release from <br />confinement for the conviction, whichever is the later date, <br />if the conviction is of a felony offense; or <br /> <br />(iii) less than five years have elapsed <br />since the date of the last conviction or the date of release <br />from confinement for the last conviction, whichever is the <br />later date, if the convictions are of two or more misdemeanor <br />offenses or combination of misdemeanor offenses occuring <br />within any 24-month period. <br /> <br />(9) That no public hearing has been held before <br />the Zoning Commission which has afforded citizens the right <br />to be heard for or against the issuance of a license. <br /> <br />(b) The fact a conviction is being appealed shall have <br />no effect on the disqualification of the applicant or <br />applicant's spouse. <br /> <br />(c) The license, if granted, shall state on its face <br />the name of the person or persons to whom it is granted, the <br />expiration date, and the address of the sexually oriented <br />business. The license shall be posted in a conspicuous place <br />at or near the entrance to the sexually oriented business so <br />that it may be easily read by a visitor to the premises at <br />any time. <br /> <br />(d) At least three (3) days prior to the public hearing <br />which is required by Section 37-5(a) (9) above and by Section <br />30. , C. , (3) of the City of San marcos Zoning Ordinance, the <br />Chief of Police shall prepare a written report of his <br />investigation of the applicant and provide it to the Zoning <br />Commission. At the public hearing conducted by the Zoning <br />Commission which is required by Section 37-5 (a) (9) above and <br />by Section 30., C., (3) of the Ci ty of San Marcos Zoning <br />Ordinance, the Zoning Commission shall receive an oral report <br />of the investigation of the Chief of Police and after the <br />hearing the Zoning Commission shall make a recommendation to <br />the Chief of Police concerning the issuance of the license to <br />the applicant. <br /> <br />Sec. 37-6. <br /> <br />Fees. <br /> <br />The annual fee for a sexually oriented business license <br />is $750.00. <br /> <br />Sec. 37-7. <br /> <br />Inspection. <br /> <br />(a) Each sexually oriented business shall be available <br />for inspection by representatives of the police department, <br />fire department, health department, and building inspections <br />department during all the time it is open for business. <br /> <br />(b) A person who operates a sexually oriented business <br />or hisor her agent or employee commits an offense if he or <br />she refuses to permit a lawful inspection of the premises by <br />a representative of the police department, fire department, <br />health department, or building inspections division at any <br />time it is occupied or open for business. <br /> <br />(c) The provisions of this section do not apply to <br />areas of an adult motel which are currently being rented by a <br />customer for use as a permanent or temporary habitation. <br />