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<br />- ILl D <br /> <br /> <br />-5- <br /> <br />(b) A licensee whose license is suspended or revoked may abate the <br />suspension or revocation by filing an appeal with a District Court as authorized <br />by law and obtaining a temporary restraining order. <br /> <br />SECTION 8. That Section 37-22 of the San Marcos Code of Qrdinances is <br />amended to read as follows: <br />I <br />Sec. 37-22. Preexisting uses. <br /> <br />Sexually oriented businesses in existence on October 31, 1995 have until <br />November 30,1995 to comply with Section 37-18(b), 37-19 and 37-20(a)(5), and <br />until December 31, 1995 to comply with all other provisions of this ordinance <br />except~~ection 37-13(a). <br /> <br />SECTION 9. That subsections (a), (b), (d) and (e) of Section 37-23 of the San <br />Marcos Code of Ordinances are deleted, subsection (c) of that section is redesignated as <br />subsection (b), and subsections (a) of that Section is added to read as follows: <br /> <br />(a) A person who violates any provision of this ordinance regarding a sexually <br />oriented business meeting the primary business test in Section 37-2 is subject to <br />prosecution under V.T.C.A., Local Gov't Code, Chapter 243. <br /> <br />SECTION 10. That if any word, phrase, clause, sentence, or paragraph of this <br />ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the <br />remaining provisions of this ordinance shall remain in effect as if the unconstitutional or <br />invalid portion had not been adopted. <br /> <br />SECTION 11. That all ordinances and resolutions or parts of ordinances or <br />resolutions in conflict herewith are hereby repealed. <br /> <br />SECTION 12. That any person violating any provision of this ordinance shall be <br />deemed guilty of a misdemeanor and upon conviction shall be subject to the penalty <br />provided in Section 1-5 of the San Marcos Code of Ordinances. <br /> <br />SECTION 13. That this Ordinance shall take effect ten (10) days fror:n and after <br />its passage, and it shall be published in a newspaper of general circulation in the area as <br />required by the Charter of the City of San Marcos, Texas. <br /> <br />PASSED AND APPROVED on first reading September 11, 1995. <br /> <br />PASSED AND APPROVED on second reading September 25, 1995. <br /> <br />PASSED APPROVED AND ADOPTED October 9, 1995. <br />, ... <br /> <br /> <br />\ M.~ <br /> <br />Kathy M. Morri <br />Mayor <br /> <br /> <br />AttE}St: Approved: <br /> <br />elf !ÞÎ~»(;)i~) ~ B . ~ <br /> <br />. Janis K. Womack Mark B. Taylor - Û - <br />City Secretary City Attorney <br /> <br />PUBLISHED IN THE SAN MARCOS DAILY RECORD, THURSDAY, OCTOBER 12, 1995. <br /> <br /> <br /> <br /> <br /> <br />< <br />