Sec. 145.0095. ISSUANCE OF LICENSE FOR CERTAIN FACILITIES PROHIBITED  


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  • (a) The department may not issue or renew a license under Section 145.009 with respect to a facility that:

    (1) is operated under a license or permit as a sexually oriented business issued in accordance with Section 243.007, Local Government Code;

    (2) offers, as its primary business, a service or the sale, rental, or exhibition of a device or other item that is intended to provide sexual stimulation or sexual gratification to a customer; or

    (3) is owned or operated by a person who has been convicted of an offense under Chapter 21 or 43, Penal Code, or Section 71.02(a)(3), Penal Code.

    (b) The department shall revoke a license issued with respect to a facility if the license may not be renewed under Subsection (a).

    (c) For purposes of this section, a person has been convicted of an offense if the person receives community supervision for the offense after sentence is imposed or after the person enters a plea of guilty or nolo contendere and is placed on deferred adjudication.

Added by Acts 1995, 74th Leg., ch. 684, Sec. 7, eff. June 15, 1995.