Ord 2001-023 - Laserfiche WebLink

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(d) Subsection (b)(7) of this section 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, for a violation of subsection (b )(1) or (8) of this section, 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 If the license was revoked under subsection (b)(5) of this section, an applicant may not be granted another license until the appropriate number of years required under section 18.288(a)(8)b. Sec. 18.293. Appeal. (a) An applicant for a license who is denied a license may appeal the denial to District Court as authorized by law. (b) A licensee whose license is suspended or revoked may abate the suspension or revocation by filing an appeal with a District Court as authorized by law and obtaining a temporary restraining order. PART 2. The ordinance shall be in full force and effect from and after its passage. PART 3. Except as expressly amended by this ordinance, and based on the matters and findings described in the recitals of this ordinance and in City Code Section 18.242(a) as revised by this ordinance, all of the provisions of Article 6, Sexually Oriented Businesses of Chapter 18, Businesses, of the San Marcos City Code are confirmed, readopted and ratified. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed. PART 4. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. PART 5. Any person violating any provision of this ordinance commits a misdemeanor and is subject to the penalty provided in Section 1.015 of the San Marcos City Code upon conviction. PART 6. This Ordinance will take effect 10 days after the date of its final passage, and the City Clerk will publish notice of its adoption in a newspaper of general circulation in the City. 16