PERMIT

Houston Code of Ordinances ch. 28, art. II, div. 2

in effect

Houston Code of Ordinances § 28-91 Required; posting.

Sec. 28-91. - Required; posting. (a) It shall be unlawful for any person to own, operate, manage or conduct any business in an adult arcade or adult mini-theatre unless there is a permit for the adult arcade or adult mini-theatre. (b) It shall be unlawful for any person to own, operate, manage or conduct any business in an adult arcade or adult mini-theatre unless there is a permit for the sexually oriented business enterprise pursuant to section 28-122 of this Code and Tex. Loc. Gov't Code section 243.002. (c) It shall be unlawful for any person to own, operate, manage or conduct any business in an adult arcade or adult mini-theatre unless the permit is posted at the place designated therefor on the diagram submitted with or adopted in the permit application pursuant to section 28-92(c) of this Code and in such a manner that it is conspicuous to patrons of the adult arcade or adult mini-theatre. (d) In any prosecution under subsections (a) and (b) of this section, it shall be presumed that there was no permit at the time of the alleged offense, unless a permit was then posted as provided in subsection (c), above. (Ord. No. 97-75, § 2, 1-15-97; Ord. No. 2018-790, §§ 7, 8, 10-3-2018)

Houston Code of Ordinances § 28-92 Application.

Sec. 28-92. - Application. (a) To obtain a permit, whether initial or renewal, the intended operator of the adult arcade or adult mini-theatre shall file an application with the director on a form prescribed by the director for that purpose. On the application, the applicant shall set forth the following information: (1) The full name of the intended operator, his residence street address, and mailing address (if different), and his driver's license or Texas Department of Public Safety personal identification number. (2) The name of the adult arcade or adult mini-theatre. (3) The street address and real property description of the tract or parcel of land upon which the adult arcade or adult mini-theatre will be located. (4) The names, residence street addresses, and mailing addresses (if different) of the owners of the adult arcade or adult mini-theatre and the type of business entity (proprietorship, partnership or corporation). (5) The name, mailing address and telephone number of a person who will act as the applicant's liaison with the director for purposes of the permit inspection required under section 28-93 of this Code. Such person must be available to come to the adult arcade or adult mini-theatre upon one hour's notice given between the hours of 8:00 a.m. and 4:00 p.m., on Monday through Friday (holidays excepted), upon request by the director to the telephone number designated during the time that the license application is pending hereunder and must be authorized to act for the applicant in matters relating to the inspection of the premises during the time that the license application is pending hereunder. (b) The application shall contain the following statement: "I represent that I have personal knowledge of all statements made in this application and all information furnished herewith and that all of the same is true and correct." (c) The application shall be accompanied by a diagram of the adult arcade or adult mini-theatre showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the adult arcade or adult mini-theatre in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. Such diagram shall also designate the place at which the permit will be posted pursuant to section 28-91(b) of this Code, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the adult arcade or adult mini-theatre to an accuracy of plus or minus six inches. The director shall waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the adult arcade or adult mini-theatre has not been altered since it was prepared. (d) The application shall be sworn to be true and correct by the applicant. (e) The application shall not be complete unless it is accompanied by the nonrefundable adult arcade or adult mini-theatre permit fee stated for this provision in the city fee schedule. (f) Applications and other notices required or permitted to be given to the director under this article must be submitted by hand delivery by the intended operator to the office of the director, during regular working hours 8:00 a.m. to 4:00 p.m., Monday through Friday (city holidays excepted). (g) A separate permit shall be required for each adult arcade or adult mini-theatre, and a permit shall only be valid for the adult arcade or adult mini-theatre described in the application. (h) Where a premises is so configured and operated as to constitute both an adult arcade and an adult mini-theatre, then the operator may apply for and obtain a combined permit authorizing operation as both an adult arcade and an adult mini-theatre. (Ord. No. 97-75, § 2, 1-15-97; Ord. No. 2010-721, §§ 3, 4, 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)

Houston Code of Ordinances § 28-93 Issuance or denial by director.

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)

Houston Code of Ordinances § 28-94 Term.

Sec. 28-94. - Term. Each permit shall be valid for a period of one year and shall expire on the anniversary of its date of issuance, unless sooner revoked, or surrendered. Each permit shall be subject to renewal as of its expiration date by the filing of a renewal application with the director. Renewal applications must be filed at least 20 days prior to the expiration date of the permit that is to be renewed and shall be accompanied by the fee stated for this provision in the city fee schedule. (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. 2010-1016, § 2, 12-15-2010; Ord. No. 2011-1168, § 13, 12-14-2011)

Houston Code of Ordinances § 28-95 Transfer upon change.

Sec. 28-95. - Transfer upon change. (a) A permit shall expire on the tenth day next following any of the following events: (1) A change of the mailing address of the operator or owners of the adult arcade or adult mini-theatre; or (2) Any change of the operator or owners of the adult arcade or adult mini-theatre; unless the operator has obtained a permit transfer/amendment for such changes. (b) The director shall prescribe a form on which permit transfer/amendment applications must be made and it shall include a statement under oath that: "The original application remains correct as originally submitted and previously amended in all respects except those which are amended hereby." The transfer/amendment application shall be sworn to be true and correct by the operator and shall not be complete unless accompanied by the nonrefundable transfer/amendment fee stated for this provision in the city fee schedule. The director shall cause the amendment or transfer to be issued upon the receipt of a completed application. Applications shall be filed in the manner specified in section 28-92(f) of this Code. (c) Any change in the information specified in subsection 28-92(a) of this Code or any change in the identity or telephone number of the person designated as the inspection liaison or in the plans for the adult arcade or adult mini-theatre as related to a permit application which is pending issuance under section 28-93 of this Code shall be reported in the same manner to the director without delay and shall be accompanied by the same fee as specified in subsection (b) of this section. The filing of an amendment to an application which is pending issuance shall have the effect of causing all time periods set forth in section 28-93(a) of this Code to recommence as of the date the director receives the amendment. (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. 2010-1016, § 2, 12-15-2010; Ord. No. 2011-1168, § 13, 12-14-2011)

Houston Code of Ordinances § 28-96 Alteration of adult arcade or adult mini-theatre.

Sec. 28-96. - Alteration of adult arcade or adult mini-theatre. A permit shall only extend to the adult arcade or adult mini-theatre in the configuration described in the application and the plans submitted with or adopted therein. If an adult arcade or adult mini-theatre remains open during alterations or expansions, then it shall be the duty of the operator to ensure that no patron is permitted to use arcade devices or mini-theatre devices situated within any portion of the adult arcade or adult mini-theatre which has been altered or added by any alteration or expansion of the adult arcade or adult mini-theatre until a new permit has been obtained on the basis of the adult arcade or adult mini-theatre as reconfigured by the work. (Ord. No. 97-75, § 2, 1-15-97)

Houston Code of Ordinances § 28-97 Persons on duty during operation.

Sec. 28-97. - Persons on duty during operation. It shall be the duty of the owners and operator of each adult arcade or adult mini-theatre to ensure that at least one person who is charged with the responsibility for the operation of the adult arcade or adult mini-theatre is on duty at the adult arcade or adult mini-theatre and situated in each manager's station designated pursuant to section 28-92(c) of this Code at all times that any patron is present in the adult arcade or adult mini-theatre. (Ord. No. 97-75, § 2, 1-15-97)

Houston Code of Ordinances § 28-98 Conduct in adult arcades or adult mini-theatres.

Sec. 28-98. - Conduct in adult arcades or adult mini-theatres. It shall be unlawful for the owners or operator and it shall also be unlawful for any agent or employee present in an adult arcade or adult mini-theatre to knowingly allow or permit 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 to knowingly allow or permit the adult arcade or adult mini-theatre to be used as a place in which solicitation for sexual intercourse, sodomy or oral copulation occur. (Ord. No. 97-75, § 2, 1-15-97; Ord. No. 2018-790, § 9, 10-3-2018)

Houston Code of Ordinances § 28-99 Appeals.

Sec. 28-99. - Appeals. (a) Any applicant, operator or owner who is aggrieved by any decision of the director relating to his duties and authority under this division in the issuance of permits shall be entitled to a hearing to be conducted in the same manner specified in division 4 of this article for permit revocations, except that the grounds considered in the hearing shall be as applicable under this article; provided, that a written notice of the request for the hearing setting forth the grounds must be received by the director within 15 days from the date that notice of the action complained of is given to the hearing applicant. The applicant, owner or operator shall be entitled to three days' notice of the date, time and place of the hearing. (b) Upon receipt of an appeal, the director shall refer the matter to the hearing officer for scheduling. If it will not be possible to hear and resolve the appeal within ten days after the date it was received by the director, then the director shall issue a temporary permit until the matter can be heard. (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)

Houston Code of Ordinances § 28-100 Authority to file suit.

Sec. 28-100. - Authority to file suit. The city attorney is hereby authorized to file suit to enjoin the violation of this article. (Ord. No. 2018-790, § 10, 10-3-2018)

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_DIV2PEFetched: 10/26/2026