Houston Code of Ordinances § 28-111 Grounds.
Sec. 28-111. - Grounds.
(a) A permit for an adult arcade or adult mini-theatre may be revoked as provided in this division after a hearing conducted by a hearing officer appointed by the mayor and confirmed by the city council under the provisions of section 28-125(d) of this Code, if the hearing officer finds from a preponderance of the evidence adduced at such hearing that:
(1) The configuration or lighting equipment of the adult arcade or adult mini-theatre has been changed so that it is no longer in compliance with the view area, lighting or wall penetration requirements of division 3 of this article; or
(2) That a cumulative total of four or more violations of any of sections 28-97, 28-98, 28-101(b), 28-102(b) or 28-103(b) has occurred within the adult arcade or adult mini-theatre in a consecutive period of six (6) months; or
(3) That the operator of the adult arcade or adult mini-theatre has knowingly allowed or permitted any act of sexual intercourse, sodomy, oral copulation, indecent exposure, lewd conduct or masturbation with or without an individual or an arcade device to occur in the adult arcade or adult mini-theatre or has knowingly allowed or permitted the adult arcade or adult mini-theatre to be used as a place in which solicitation for sexual intercourse, sodomy, or oral copulation occur. Knowledge of such activities shall be presumed, subject to rebuttal by the operator, in any instance where there have been convictions in a court of original jurisdiction for four or more offenses arising on separate occasions in the adult arcade or adult mini-theatre and relating to the above activities within a continuous period of one year. The appeal of a conviction shall not prevent its consideration, unless and until it is reversed or set aside, and a disposition by deferred adjudication shall be considered in the same manner as a conviction.
(b) The director shall not request a hearing by the hearing officer on any alleged grounds for revocation until he has caused an investigation to be made thereupon and determined that grounds for revocation may, in probability of fact, exist.
(Ord. No. 97-75, § 2, 1-15-97; Ord. No. 2010-721, § 3, 9-15-2010, eff. 10-4-2010; Ord. No. 2010-767, § 2, 10-6-2010; Ord. No. 2018-790, § 11, 10-3-2018)