Issuance or denial by director.

Houston Code of Ordinances § 28-93

in effect

Sec. 28-93. - Issuance or denial by director. (a) The director shall complete the actions required in this section resulting in the giving of his notice of the issuance or denial of the permit by the twentieth day next following the date of his receipt of a completed application. The foregoing time period may be extended to the thirtieth day by the director upon notice to the applicant that the director has been unable, after diligent effort, to schedule the conduct of any required inspections of the adult arcade or adult mini-theatre with the liaison person designated therefor in the application by the nineteenth day next following the date of his receipt of the application. The time period may also be extended to a date mutually agreeable to the director and the applicant or his inspection liaison person if the applicant or liaison person has requested that any inspection or reinspection be delayed for the applicant's convenience. Any extensions and the basis therefor shall be documented in the director's file regarding the application. (b) The director shall grant the permit unless: (1) After a permit issuance inspection of the adult arcade or adult mini-theatre (or reinspection, if duly requested) it is found that the adult arcade or adult mini-theatre does not comply with the view or lighting requirements of division 3 of this article; (2) The director is unable to schedule and conduct a permit issuance inspection of the adult arcade or adult mini-theatre by contacting the liaison person at the telephone number designated in the application; or (3) The operator has had a permit revoked for the same adult arcade or adult mini-theatre within the 180-day period next preceding the date that the application was filed. (c) No fee shall be imposed for the initial inspection of the adult arcade or adult mini-theatre, unless subject to the additional special inspection fee provided below. A reinspection to verify the correction of deficiencies noted on a previous inspection shall only be made upon written request of the applicant or his designated liaison person and prior payment of the nonrefundable reinspection fee stated for this provision in the city fee schedule. Inspections at an applicant's specially requested time or outside the regular working hours of 8:00 a.m. to 4:00 p.m., on Monday through Friday, whether on an initial or reinspection basis, will be subject to prior payment of the nonrefundable and additional special inspection fee stated for this provision in the city fee schedule, per inspection. (d) Permits that are awarded shall be furnished to the operator. If a permit is denied, then a notice thereof setting forth the specific reason(s) therefor shall be given to the applicant and the owners. Permits and notices of denial may be given as provided in section 28-85 of this Code. (e) Failure of the director to give timely notice of his action on an application within the limitation of time specified in subsection (a) or any extension authorized pursuant thereto shall entitle the applicant to the issuance of a temporary permit upon written demand therefor filed by the applicant with the director. Such a temporary permit shall only be valid until the third regular postal delivery day after the director gives notice of his action on the application pursuant to subsection (d), above. (f) Computation of time periods under this article shall be as provided in section 1-2 of this Code. (g) The fees prescribed in this article shall only be payable by cash, certified check, cashier's check or money order. If payment thereon is not honored, the director may suspend the permit, if issued, until payment is made by written notice to the operator. (Ord. No. 97-75, § 2, 1-15-97; Ord. No. 2010-721, §§ 3—5, 9-15-2010, eff. 10-4-2010; Ord. No. 2010-767, § 2, 10-6-2010; Ord. No. 2010-1016, § 2, 12-15-2010; Ord. No. 2011-1168, § 13, 12-14-2011)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH28MIOFPR_ARTIIADARADMIEA_DIV2PE_S28-93ISDEDIFetched: 10/26/2026