§ 4-32. Disqualifying criminal offenses.

(a)

No license shall be issued under this chapter if the applicant or the applicant's spouse has been convicted of:

(1)

Sexual assault or aggravated sexual assault as described in V.T.C.A., Penal Code ch. 22;

(2)

Incest, solicitation of a child, or harboring a runaway child as described in V.T.C.A., Penal Code ch. 25;

(3)

Public lewdness, indecent exposure or indecency with a child as described in V.T.C.A., Penal Code ch. 21;

(4)

Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sexual performance by a child, employment harmful to minors, possession of child pornography as described in V.T.C.A., Penal Code ch. 43;

(5)

Sale, distribution or display of harmful materials to minor as described in V.T.C.A., Penal Code ch. 43; or

(6)

Criminal attempt, conspiracy or solicitation to commit any of the offenses listed in this section.

(b)

Provided, however, that the conviction of any of the offenses listed in subsection (a) of this section shall disqualify the applicant only if:

(1)

Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is a misdemeanor offense;

(2)

Less than five (5) years have elapsed since the date of conviction or the date of release from the confinement for the conviction, whichever is the later date, if the conviction is a felony offense; or

(3)

Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or a combination of misdemeanor offenses occurring within any twenty-four (24) month period.

(c)

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse.

(d)

An applicant who has been convicted or whose spouse has been convicted of an offense listed in subsection (a) of this section may qualify for a sexually oriented business license only when the time period required by subsection (b) of this section has elapsed.

(Ord. No. 190, § 5, 9-16-2003)