Sec. 1-10. Same--Specific permits and licenses.
(a) Except as provided in the succeeding sentence applicable to the license enumerated in subsection
(2) of this section, the licenses and permits enumerated in this subsection shall be denied if the
applicant (i) has been convicted of any of the designated offenses within the seven-year period
immediately preceding the date of the filing of the application or has spent time in jail or prison
during the seven-year period immediately preceding the date of filing of the application for such a
conviction, or (ii) is subject to deferred adjudication in connection with any of the above offenses. As to
the license listed in subsection (2) of this section, the seven-year limitation shall not apply to any
felony conviction for any sexual offense or offense involving violence, including, but not limited to,
murder. Additionally, the following licenses and permits shall be subject to denial, revocation, or
refusal for renewal, as applicable, if the licensee or permittee has been convicted of any of the
designated offenses since the application was filed. Provided, however, no such license or permit shall
be denied, revoked, or refused for renewal if the conviction was set aside as invalid or if it is found that
the license or permit should not be denied, revoked or refused for renewal under chapter 53 of the Texas
Occupations Code:
(1) All licenses issued pursuant to article II of chapter 8 of this Code:
a. Any violation of the ordinances or statutes regulating the sale, trade, servicing, storage, handling,
dismantling, or destruction of any motor vehicle or motor vehicle parts, accessories, or supplies.
b. Any violation of the ordinances or statutes regulating the business of selling, trading, storing,
dismantling or destruction of motor vehicles or motor vehicle parts, accessories, or supplies.
c. Any offense involving fraud or misrepresentation.
d. Any offense involving theft, robbery, or burglary.
e. Any offense involving bribery or perjury.
f. Any offense involving violence to any person except for conduct that is classified as no greater than
a Class C misdemeanor under the laws of Texas.
g. Any felony conviction for any violation of any state or federal laws regulating firearms.
The above listed offenses shall be grounds for denial, revocation, or refusal for renewal of the licenses
issued pursuant to article II of chapter 8 as all licenses issued under that article allow persons to
engage in businesses connected with the sale, trade, servicing, storage, handling, dismantling, or
destruction of motor vehicles or motor vehicle parts, accessories or supplies and city council finds that
persons engaged in such businesses have special opportunities to engage in the offenses listed above
due to the nature of the businesses and the lack of relevant technical knowledge on the part of many of
those persons who deal with such businesses.
(2) Wrecker driver licenses issued pursuant to subdivision B of division 2 of article III of chapter 8 of
this Code:
a. Any violation of the ordinances or statutes regulating the sale, trade, servicing, storage, handling,
dismantling, or destruction of any motor vehicle or motor vehicle parts, accessories, or supplies.
b. Any offense involving fraud or misrepresentation.
c. Any offense involving felony theft, robbery, or burglary.
d. Any offense involving bribery or perjury.
e. Any offense involving violence to any person except for conduct that is classified as no greater than
a Class C misdemeanor under the laws of Texas.
f. Any felony conviction for any violation of any state or federal laws regulating firearms.
g. Any offense involving forgery.
h. Any offense involving the theft or unauthorized use of a motor vehicle.
i. Any offense involving prostitution or the promotion of prostitution.
j. Any offense involving rape, sexual abuse, sexual assault, enticing of a child, rape of a child, sexual
abuse of a child or indecency with a child.
k. Any offense involving the felony possession or delivery of drugs.
l. Four or more moving violations of the traffic laws of this state or any other state, each of which
arises from a separate incident, occurring within any 12 month period during the three years
immediately preceding the application for a license or of the notice of a hearing for revocation of a
license.
m. Any offense involving driving a motor vehicle while intoxicated, whether under the influence of
alcohol or drugs, or both.
The above listed offenses shall be grounds for denial, revocation, or refusal for renewal of a wrecker
driver license issued pursuant to subdivision B of division 2 of article III of chapter 8 as that license
allows persons to engage in an occupation in which there is a high degree of danger to the public
through the involuntary towing and storage of automobiles, and city council finds that such
activities involve substantial contact with the public including contact with persons whose vehicles
may have become disabled at all hours of day and night and in remote locations. This occupation also
affords special opportunities for theft and fraud. Therefore, there is a serious need to protect the public
from the types of criminal conduct represented by such offenses.
Provided, however, no such license or permit shall be denied, revoked or refused for renewal if any
conviction was set aside as invalid or if it is found that the license should not be revoked, denied or
refused for renewal under chapter 53 of the Texas Occupations Code.
Additional provisions relating to the revocation, suspension, and refusal to renew wrecker driver
licenses are established in article III of chapter 8 of this Code. The applicable provisions of chapter 8
are cumulative of the provisions of this section and shall also constitute grounds for the revocation,
suspension or refusal to renew a wrecker driver license.
(3) Licenses issued pursuant to section 5-171 of this Code authorizing a person to operate, use or
maintain any room or place where persons are permitted to play at any game of dominoes, cards or
other games:
Any offense involving gambling or possession of gambling paraphernalia.
Offenses involving gambling and the possession of gambling paraphernalia shall be grounds for
denial, revocation or refusal for renewal of such licenses because these businesses offer special
opportunities for gambling activities.
(4) Licenses issued pursuant to the Fire Code of the city:
a. All permits relating to explosives as required under the Fire Code: any offense involving arson or
intoxication.
b. All permits relating to flammable liquids as required the Fire Code: any offense involving arson or
intoxication.
c. All permits for a public fireworks display as required under the Fire Code: any offense involving
arson or intoxication.
d. All permits for open burning as required under the Fire Code: all offenses involving arson. The
above listed offenses shall be grounds for denial, revocation, or refusal for renewal of the above listed
Fire Code permits as city council finds that these permits authorize persons to handle substances that
can cause substantial injury to persons or destruction of property through the willful or careless
action of the permittee.
(5) Permits for vehicle immobilization services issued pursuant to chapter 26, article X, division 2 of
this Code:
a. Any offense involving burglary, fraud or theft;
b. Any offense involving the unauthorized use of a motor vehicle;
c. Any offense involving forgery;
d. Any violation of state or federal laws regulating firearms;
e. Any offense involving violence to any person except for conduct that is classified as no greater than
a Class C misdemeanor under the laws of the state;
f. Any offense involving the possession, use of or sale of drugs except for conduct that is classified as
no greater than a Class C misdemeanor under the laws of this state;
g. Any violation of state laws relating to the operation of motor vehicle storage lots; and
h. Any offense involving driving a motor vehicle while intoxicated, whether under the influence of
alcohol or drugs, or both.
The above listed offenses shall be grounds for the denial, revocation or nonrenewal of permits issued
under division 2, article X of chapter 26 of this Code, as enumerated, because the authorizations
thereunder allow persons to engage in businesses and occupations in which there is a high degree of
danger to the public through the immobilization of automobiles. Such activities involve substantial
contact with the public, including contact with persons whose vehicles may be rendered inoperable by
an immobilization device at all hours of the day and night. These businesses also afford special
opportunities for theft and fraud. Therefore, there is a serious need to protect the public from the types
of criminal conduct represented by such offenses.
(a) Except as provided in the succeeding sentence applicable to the license enumerated in subsection
(2) of this section, the licenses and permits enumerated in this subsection shall be denied if the
applicant (i) has been convicted of any of the designated offenses within the seven-year period
immediately preceding the date of the filing of the application or has spent time in jail or prison
during the seven-year period immediately preceding the date of filing of the application for such a
conviction, or (ii) is subject to deferred adjudication in connection with any of the above offenses. As to
the license listed in subsection (2) of this section, the seven-year limitation shall not apply to any
felony conviction for any sexual offense or offense involving violence, including, but not limited to,
murder. Additionally, the following licenses and permits shall be subject to denial, revocation, or
refusal for renewal, as applicable, if the licensee or permittee has been convicted of any of the
designated offenses since the application was filed. Provided, however, no such license or permit shall
be denied, revoked, or refused for renewal if the conviction was set aside as invalid or if it is found that
the license or permit should not be denied, revoked or refused for renewal under chapter 53 of the Texas
Occupations Code:
(1) All licenses issued pursuant to article II of chapter 8 of this Code:
a. Any violation of the ordinances or statutes regulating the sale, trade, servicing, storage, handling,
dismantling, or destruction of any motor vehicle or motor vehicle parts, accessories, or supplies.
b. Any violation of the ordinances or statutes regulating the business of selling, trading, storing,
dismantling or destruction of motor vehicles or motor vehicle parts, accessories, or supplies.
c. Any offense involving fraud or misrepresentation.
d. Any offense involving theft, robbery, or burglary.
e. Any offense involving bribery or perjury.
f. Any offense involving violence to any person except for conduct that is classified as no greater than
a Class C misdemeanor under the laws of Texas.
g. Any felony conviction for any violation of any state or federal laws regulating firearms.
The above listed offenses shall be grounds for denial, revocation, or refusal for renewal of the licenses
issued pursuant to article II of chapter 8 as all licenses issued under that article allow persons to
engage in businesses connected with the sale, trade, servicing, storage, handling, dismantling, or
destruction of motor vehicles or motor vehicle parts, accessories or supplies and city council finds that
persons engaged in such businesses have special opportunities to engage in the offenses listed above
due to the nature of the businesses and the lack of relevant technical knowledge on the part of many of
those persons who deal with such businesses.
(2) Wrecker driver licenses issued pursuant to subdivision B of division 2 of article III of chapter 8 of
this Code:
a. Any violation of the ordinances or statutes regulating the sale, trade, servicing, storage, handling,
dismantling, or destruction of any motor vehicle or motor vehicle parts, accessories, or supplies.
b. Any offense involving fraud or misrepresentation.
c. Any offense involving felony theft, robbery, or burglary.
d. Any offense involving bribery or perjury.
e. Any offense involving violence to any person except for conduct that is classified as no greater than
a Class C misdemeanor under the laws of Texas.
f. Any felony conviction for any violation of any state or federal laws regulating firearms.
g. Any offense involving forgery.
h. Any offense involving the theft or unauthorized use of a motor vehicle.
i. Any offense involving prostitution or the promotion of prostitution.
j. Any offense involving rape, sexual abuse, sexual assault, enticing of a child, rape of a child, sexual
abuse of a child or indecency with a child.
k. Any offense involving the felony possession or delivery of drugs.
l. Four or more moving violations of the traffic laws of this state or any other state, each of which
arises from a separate incident, occurring within any 12 month period during the three years
immediately preceding the application for a license or of the notice of a hearing for revocation of a
license.
m. Any offense involving driving a motor vehicle while intoxicated, whether under the influence of
alcohol or drugs, or both.
The above listed offenses shall be grounds for denial, revocation, or refusal for renewal of a wrecker
driver license issued pursuant to subdivision B of division 2 of article III of chapter 8 as that license
allows persons to engage in an occupation in which there is a high degree of danger to the public
through the involuntary towing and storage of automobiles, and city council finds that such
activities involve substantial contact with the public including contact with persons whose vehicles
may have become disabled at all hours of day and night and in remote locations. This occupation also
affords special opportunities for theft and fraud. Therefore, there is a serious need to protect the public
from the types of criminal conduct represented by such offenses.
Provided, however, no such license or permit shall be denied, revoked or refused for renewal if any
conviction was set aside as invalid or if it is found that the license should not be revoked, denied or
refused for renewal under chapter 53 of the Texas Occupations Code.
Additional provisions relating to the revocation, suspension, and refusal to renew wrecker driver
licenses are established in article III of chapter 8 of this Code. The applicable provisions of chapter 8
are cumulative of the provisions of this section and shall also constitute grounds for the revocation,
suspension or refusal to renew a wrecker driver license.
(3) Licenses issued pursuant to section 5-171 of this Code authorizing a person to operate, use or
maintain any room or place where persons are permitted to play at any game of dominoes, cards or
other games:
Any offense involving gambling or possession of gambling paraphernalia.
Offenses involving gambling and the possession of gambling paraphernalia shall be grounds for
denial, revocation or refusal for renewal of such licenses because these businesses offer special
opportunities for gambling activities.
(4) Licenses issued pursuant to the Fire Code of the city:
a. All permits relating to explosives as required under the Fire Code: any offense involving arson or
intoxication.
b. All permits relating to flammable liquids as required the Fire Code: any offense involving arson or
intoxication.
c. All permits for a public fireworks display as required under the Fire Code: any offense involving
arson or intoxication.
d. All permits for open burning as required under the Fire Code: all offenses involving arson. The
above listed offenses shall be grounds for denial, revocation, or refusal for renewal of the above listed
Fire Code permits as city council finds that these permits authorize persons to handle substances that
can cause substantial injury to persons or destruction of property through the willful or careless
action of the permittee.
(5) Permits for vehicle immobilization services issued pursuant to chapter 26, article X, division 2 of
this Code:
a. Any offense involving burglary, fraud or theft;
b. Any offense involving the unauthorized use of a motor vehicle;
c. Any offense involving forgery;
d. Any violation of state or federal laws regulating firearms;
e. Any offense involving violence to any person except for conduct that is classified as no greater than
a Class C misdemeanor under the laws of the state;
f. Any offense involving the possession, use of or sale of drugs except for conduct that is classified as
no greater than a Class C misdemeanor under the laws of this state;
g. Any violation of state laws relating to the operation of motor vehicle storage lots; and
h. Any offense involving driving a motor vehicle while intoxicated, whether under the influence of
alcohol or drugs, or both.
The above listed offenses shall be grounds for the denial, revocation or nonrenewal of permits issued
under division 2, article X of chapter 26 of this Code, as enumerated, because the authorizations
thereunder allow persons to engage in businesses and occupations in which there is a high degree of
danger to the public through the immobilization of automobiles. Such activities involve substantial
contact with the public, including contact with persons whose vehicles may be rendered inoperable by
an immobilization device at all hours of the day and night. These businesses also afford special
opportunities for theft and fraud. Therefore, there is a serious need to protect the public from the types
of criminal conduct represented by such offenses.
| Our law firm has handled thousands of criminal charges including: Juvenile Law, Family Violence, Assault, Drug Charges, Theft, Shoplifting, Possession of Marijuana, Felonies, Misdemeanors, Failure to Stop and Give Information, Reckless Driving, Possession of a Controlled Substance, Possession of Cocaine, Motions to Revoke Probation or Deferred Adjudication, Burglary of a Building or Habitation, Runaway, Truancy, Vandalism. We have helped thousands of people get their cases dismissed, reduced, or kept off their records and we can help you. Please call today 713-697-4373 |
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| The Houston, Texas, law firm of Andy Nolen, represents people who have been accused of a state crime in Texas, including in communities such as League City, Angleton, Pearland, Alvin, Clear Lake, Sugar Land, The Woodlands, Baytown, Pasadena, Memorial, Spring Branch, River Oaks, West University, and Bellaire. Counties that this firm serves include: Galveston County • Fort Bend County • Montgomery County • Brazoria County • Harris County. Cases handled include: Domestic Violence, Theft, Shoplifting, Drunk Driving, Evading Arrest. All misdemeanors including DWI, also called DUI and all Felonies. |
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