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 Albany
 Code of Ordinances
 Code Of Ordinances
 Chapter 4. Adult Entertainments
 Article II. Licenses

  § 4-31. Revocation  

Latest version.

  • (a) The chief of police shall revoke a license if a cause of suspension as set forth in section 4-30 occurs and the license has been suspended within the preceding 12 months.

    (b) The chief of police shall revoke a license if the chief of police determines that:

    (1) A licensee gave false or misleading information in the material submitted to the chief of police during the application process;

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

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

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

    (5) A licensee has been convicted of an offense listed in section 4-26(a)(10)a through (a)(10)e for which the time period required in section 4-26(a)(10)f through (a)(10)h;

    (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 sections 4-26(a)(10)a through (a)(10)e for which a conviction has been obtained, and the person convicted of such crime was an agent or employee of the licensee at the time the offense was committed;

    (7) Except as provided in subsection (d) of this section, a licensee or an agent or an employee of a licensee 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 Texas Penal Code § 21.01;

    (8) A licensee is delinquent in payment to the city for hotel occupancy taxes, ad valorem taxes or sales taxes related to the sexually oriented business;

    (9) A receiver, successor in interest, or a transferee of an ownership interest in the sexually oriented business failed to notify the chief of police of such change in accordance with section 4-33(c).

    (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 an agent or an employee of the licensee 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 license to operate a sexually oriented business in accordance with section 4-33(c) for one year from the date revocation became effective. If, subsequent to revocation, the chief of police 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. An individual whose license was revoked under subsection (b)(5) of this section may not be granted another license until the appropriate number of years required under section 4-26(a)(10)f through (a)(10)h have elapsed since the termination of any sentence, parole or probation.

(Ord. No. 97-5, § 1.109, 1997)