§ 10-125. Revocation

(a) The county director of public works shall revoke a license if a cause of suspension in section 10-124 occurs and the license has been suspended within the preceding 12 months.

(b) The county director of public works shall revoke a license if he determines that:

(1) A licensee gave false or misleading information in the material submitted to the county director of public works during the application process;

(2) A licensee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises;

(3) A licensee or an employee has knowingly allowed prostitution on the premises;

(4) A licensee or an employee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;

(5) A licensee or employee has been convicted of an offense listed in section 10-120(a)(10)a for which the time period required in section 10-120(a)(10)b has not elapsed or for which conviction the licensee or employee still remains on probation (community supervision) or deferred adjudication;

(6) On two or more occasions within a 12-month period, a person committed an offense occurring in or on the licensed premises of a crime listed in section 10-120(a)(10)a, for which a conviction has been obtained, and the person was an employee of the sexually oriented business at the time the offense was 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 V.T.C.A., Penal Code § 21.01; or

(8) A licensee is delinquent in payment to the county 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) 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 county director of public works 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 county director of public works finds that 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 10-120(a)(10)b has elapsed.

(Ord. No. 95-1012, § 1A-10, 6-20-1995)