Permit suspension; revocation.
Houston Code of Ordinances § 30-11
in effectSec. 30-11. - Permit suspension; revocation.
(a) Whenever the director finds that there are grounds for the suspension or revocation of a permit, the director shall give written notice to the permittee by certified mail, return receipt requested, or by courier or commercial carrier that provides written confirmation of delivery. The notice shall be addressed to the permittee at the address provided on the permit application and shall include:
(1) The specific grounds upon which the permit in question may be suspended or revoked;
(2) That there will be a hearing conducted by an impartial hearing officer selected by the city at which the city will seek the suspension or revocation of the permit;
(3) The date, time and place of the hearing; and
(4) The fact that the permittee may participate in the hearing or be represented by an attorney.
(b) A permit may be suspended or revoked if, following notice and a hearing conducted by the impartial hearing officer, it is determined:
(1) The permit was issued in error;
(2) The applicant provided materially false or incomplete information on the permit application;
(3) The permittee failed to comply with any applicable provisions of this chapter; or
(4) The permittee or any agent or employee of the permittee responsible for the oversight or operation of the sound amplification equipment received two or more convictions or entered two or more pleas of guilty or nolo contendere, or any combination thereof, in return for a grant of deferred disposition within a 36 month period for violations of any provision of this chapter.
(c) All hearings shall be conducted under rules consistent with the nature of the proceedings; provided however, the formal rules of evidence shall not apply at the hearing and any testimony or evidence may be considered if the hearing officer determines the testimony or evidence is relevant and reasonably reliable. The hearing officer may exclude irrelevant, cumulative, immaterial, or repetitious testimony or evidence. Additionally:
(1) All parties shall have the right to representation by a licensed attorney, though an attorney is not required;
(2) Each party may present witnesses in its own behalf;
(3) Each party has the right to cross-examine all witnesses and to rebut evidence; and
(4) Only evidence presented before the hearing officer at the hearing may be considered in rendering the final order; provided however, the hearing officer may take into consideration in his decision any written complaints received by the director from surrounding property owners concerning a permittee's use of sound amplification equipment in violation of any provision of this chapter; provided however, such complaints shall not be the sole basis for the suspension or revocation of a permit.
(d) If the permittee fails to appear at the hearing on the date and time specified, the city shall introduce evidence to establish a prima facie case on behalf of the city showing that grounds exist for suspension or revocation of the permit.
(e) Not later than the tenth calendar day before a suspension or revocation hearing, the holder of an annual or commercial establishment permit whose sound amplification permit is subject to revocation or suspension pursuant to this section may submit to the director and the hearing officer a sound impact plan addressing the specific issues concerning its noncompliance with the provisions of this chapter. The sound impact plan shall contain, at minimum:
(1) A site diagram, including location of any outdoor area where amplified sound is emitted, and location of sound amplification equipment;
(2) Technical specifications of sound amplification equipment used in the outdoor area;
(3) A description of any sound barrier or sound mitigation device proposed to be installed in or around the outdoor area;
(4) A method of monitoring of sound amplification equipment by the establishment owner, the operator of said equipment, or by an electronic device; and
(5) A detailed plan and time schedule to perform all work necessary to complete and implement the proposed sound impact plan.
The administrative hearing officer shall consider the proposed sound impact plan submitted by permittee and any testimony offered by the city and the permittee concerning the proposed sound impact plan.
(f) The hearing officer shall make a decision based upon a preponderance of the evidence presented at the hearing. After completion of the presentation of evidence by all parties appearing, the hearing officer shall make written findings and render a written order as to whether or not grounds exist for the suspension or revocation of the permit.
(g) Notwithstanding the provisions of subsection (f) of this section, if the hearing officer determines the proposed sound impact plan may cure the specific issues concerning noncompliance with this chapter, the hearing officer shall neither suspend or revoke the permit and instead, shall order a period of time not to exceed 90 days during which the permittee shall perform all work necessary to complete and implement the proposed sound impact plan. The failure to comply by the terms of an approved sound impact plan or the continued failure to comply with any applicable provision of this chapter may result in the immediate suspension or revocation of the commercial establishment's sound amplification permit.
(h) If the hearing official determines, based upon the nature of the violation, that the ends of justice would be served by a suspension in lieu of a revocation, the hearing officer may suspend the permit for a period of time to be stated in the order of suspension, not to exceed 180 days; however, a suspension may not be ordered if the grounds are based upon items (1), (2), or (4) of subsection (b) of this section.
(i) In the event a permit is revoked or suspended, the city shall not be liable to any person for any refund of any part of any permit fees.
(j) The hearing officer's decision shall be final and shall exhaust the permittee's administrative remedies.
(k) The provisions of this section shall be cumulative of penalties stated in section 30-17 of this Code and any additional enforcement remedies allowed by law.
(Ord. No. 2022-399, § 2(Exh. A), 5-4-2022)
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_CH30NOSOLERE_S30-11PESUREFetched: 10/26/2026