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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: 0 <br />SECTION 1. Section 18.288 of the San Marcos City Code is hereby amended by revising <br />subsection (a) thereof and adding a new subsection (d) to read as follows [new text is <br />underlined <br />Sec. 18.288. Issuance. <br />(a) Subject to the restrictions set forth in subsection (d) of this section the chief of police <br />shall issue a license required under this division to the applicant within 60 days after receipt of <br />an application, unless he finds one or more of the following to be true: <br />(1) An applicant is under 18 years of age. <br />(2) An applicant or an applicant's spouse is overdue in payment to the city of taxes, <br />fees, fines or penalties assessed against the applicant or applicant's spouse or <br />imposed upon the applicant or applicant's spouse in relation to a sexually oriented <br />business. <br />(3) An applicant has failed to provide information reasonably necessary for issuance <br />of the license or has falsely answered a question or request for information on the <br />application form. 0 <br />(4) An applicant or an applicant's spouse has been convicted of a violation of a <br />section of this article, other than the offense of operating a sexually oriented <br />business without a license, within two years immediately preceding the <br />application. The fact that a conviction is being appealed has no effect. <br />(5) The chief of police has received an inspection report for the premises to be used <br />for the sexually oriented business from the city's health department, San Marcos <br />Fire and Rescue, or building official indicating that the premises are not in <br />compliance with applicable laws and ordinances. <br />(6) The license fee has not been paid. <br />(7) An applicant or the proposed establishment is in violation of or is not in <br />compliance with section 18.246, 18.247,18.255 or 18.289. <br />(8) An applicant has been convicted of a crime: <br />a. Involving: <br />Any of the following offenses: <br />Prostitution; • <br />2 <br />