Ord 1988-042 - Laserfiche WebLink

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-9- listed in Section 37-5(a) (10) (A), for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed; (7) a licensee 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 its successor; or (8) a licensee is delinquent in payment to the ci ty for hotel occupancy taxes, ad valorem taxes, or sales 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) does not apply to adult 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. (e) When the Chief of Police revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date revocation became effective. If, subsequent to revocation, the Chief of Police finds that in the case of a violation of Section 37-l0(b) (1) or (8), the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under Section 37-10 (b) (5), an applicapt may not be granted another license until the appropriate number of years required under Section 37-5-(a) (10) (B). Sec. 37-1.1.. Appea1. If the Chief of Police denies the issuance of a license, or suspends or revokes a license, he or she shall send to the applicant, or licensee, by certified mail, return receipt requested, at the address listed on the license application, written notice of his or her action and the right to an appeal. The aggrieved party may appeal the decision of the Chief of Police to the Municipal Court within ten (10) days of receipt of the notice. The filing of an appeal stays the action of the Chief of Police in suspending or revoking a license until the Municipal Court Judge makes a final decision; otherwise, the denial, suspension or revocation shall be in full force and effect from and after one hour after receipt of the notice. The Municipal Court Judge except for good cause shall make a final decision within 14 days of the date the appeal is filed. Sec. 37-1.2. Transfer of 1icense. A licensee shall not transfer his license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application. Sec. 37-13. Location of sexua11y oriented businesses. (a) A person commits an offense if he operates or causes to be operated a sexually oriented business within the Central Business Area as defined in Section 37 of the San Marcos General Zoning Ordinance or within 1500 feet of: