It is the purpose of this article to regulate sexually oriented
businesses to promote the health, safety, morals, and general welfare
of the citizens of the city, and to establish reasonable and uniform
regulations to prevent the harmful location and concentration of sexually
oriented businesses within the city. The provisions of this article
have neither the purpose nor the effect of imposing a limitation or
restriction on the content of any communicative materials, including
sexually oriented materials. Similarly, it is neither the intent nor
effect of this article to restrict or deny access to sexually oriented
materials protected by the First Amendment, or to deny access by the
distributors and exhibitors of sexually oriented entertainment to
their intended market. Neither is it the intent nor effect of this
article to condone or legitimize the distribution of obscene material.
(Ordinance 2007-06-121, sec. 1 (12-160),
adopted 5/15/07)
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means colorless, lacking in saturation or hue. Without limitation,
grays, tans and light earth tones shall be included, but white and
black and any bold coloration that attracts attention shall be excluded
from the definition of achromatic.
means any place to which the public is permitted or invited
wherein coin-operated, slug-operated, or for any form of consideration,
electronically, electrically, or mechanically controlled still or
motion picture machines, projectors, video or laser disc players,
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by depicting or describing
specified sexual activities or specified anatomical areas.
means any place at which any of the following activities
occurs:
Inbound or outbound telephone or other audio communications
in which a topic or purpose of the communication between an occupant
of the premises and a third party is the discussion or description
of specified sexual activities or specified anatomical areas or is
otherwise pornographic in nature for consideration;
Video or audio broadcasting, whether live, delayed, by film,
by tape recording or otherwise, of specified sexual activities, specified
anatomical areas or pornographic material for consideration; or
Filming, taping or otherwise creating video or audio recordings,
including but not limited to films, movies, videotapes, DVDs, audio
tapes or compact discs, that are broadcast, sold, manufactured or
distributed for consideration.
means a commercial establishment which, as one of its principal
purposes, offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, slides,
or other visual representations, that depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices, or paraphernalia which are designed for
use in connection with specified sexual activities or designed to
depict specified anatomical areas.
means a nightclub, bar, restaurant, or similar commercial
establishment which regularly features:
Persons who appear in a state of nudity or semi-nude;
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
means a hotel, motel or similar commercial establishment
which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides, or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas; and has a sign visible
from the public right-of-way which advertises the availability of
this adult type of photographic reproductions;
Offers a sleeping room for rent for a period of time that is
less than ten hours; or
Allows a tenant or occupant of a sleeping room to sub-rent the
room for a period of time that is less than ten hours.
means a commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides, or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
means a theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity or semi-nude, or live performances that are characterized
by the exposure of specified anatomical areas or by specified sexual
activities.
means the chief of police for the city or designee.
means the city administrator for the city or designee.
means a person who performs any service on the premises of
a sexually oriented business on a full-time, part-time or contract
basis, whether or not the person is designated an employee, independent
contractor, agent or otherwise and whether or not said person is paid
a salary, wage or other compensation by the operator of said business.
Employee does not include a person exclusively on the premises for
repair or maintenance of the premises or equipment on the premises,
or for the delivery of goods to the premises.
means a person paid to provide entertainment to customers
at a sexually oriented business; entertainment may consist of dancing,
singing, modeling, acting, other forms of performing, or individual
conversations with customers whereby the entertainer is paid any form
of remuneration directly or indirectly for such conversations.
means a person who, for consideration, agrees or offers to
act as a companion, guide, or date for another person, or who agrees
or offers to privately model lingerie or to privately perform a striptease
or specified sexual activities for another person.
means a person or business association who furnishes, offers
to furnish, or advertises to furnish escorts as one of its business
purposes for a fee, tip, or other consideration.
, when used as a verb, means and includes any of the following:
The opening or commencement of any sexually oriented business
as a new business;
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
The addition of any sexually oriented business to any other
existing sexually oriented business; or
The relocation of any sexually oriented business.
refers to both a sexually oriented business license and a
sexually oriented business employee license, unless otherwise specified.
means a person in whose name a license to operate a sexually
oriented business has been issued, as well as the individual listed
as an applicant on the application for a license; and in the case
of an employee license, a person in whose name a license has been
issued authorizing employment in a sexually oriented business.
means a person designated by the owner or operator of a sexually
oriented business to be responsible for the operation of such business
at a particular location at a particular time; when the owner, proprietor,
or other principal in the business is present, such person may be
considered the manager.
means any place where a person who appears semi-nude, in
a state of nudity, or who displays specified anatomical areas is provided
to be observed, sketched, drawn, painted, sculptured, photographed,
or similarly depicted by other persons who pay money or any form of
consideration. Nude model studio shall not include a proprietary school
licensed by the state or a college, junior college or university supported
entirely or in part by public taxation; a private college or university
which maintains and operates educational programs in which credits
are transferable to a college, junior college, or university supported
entirely or partly by taxation; or in a structure:
That has no sign visible from the exterior of the structure
and no other advertising that indicates a nude or semi-nude person
is available for viewing;
Where in order to participate in a class a student must enroll
at least three days in advance of the class; and
Where no more than one nude or semi-nude model is on the premises
at any one time.
means the showing of the human male or female genitals, pubic
area, vulva, anus, anal cleft or cleavage with less than a fully opaque,
meaning non-translucent, covering, the showing of the female breast
with less than a fully opaque covering of any part of the nipple or
areola, or the showing of the covered male genitals in a discernibly
aroused state.
means the personal photographic identification card for an
employee issued by the chief of police that must be provided by the
employee to the manager or on-site manager in charge of the sexually
oriented business as set forth herein.
means an individual, a group of two or more individuals,
proprietorship, partnership, corporation, limited liability company,
association, or other legal entity.
means the personal photographic identification card for an
employee issued by the chief of police that must be displayed on the
employee as set forth herein.
means over 35 percent of customers, volume of sales, stock
in trade, display areas, or presentation time, or any combination
thereof in any three-month increment period beginning from the date
of issuance of a certificate of occupancy. Stock in trade shall be
measured with all titles or objects available on the premises for
sale or rental, including those that are identical being considered
a separate title or object.
means a single-family, townhouse, condominium, duplex, triplex,
fourplex, mobile home, manufactured home, or multiple-family dwelling.
means the showing of the female breast below a horizontal
line across the top of the areola at its highest point or the showing
of the male or female buttocks. This definition shall include the
entire lower portion of the human female breast, but shall not include
any portion of the cleavage of the human female breast, exhibited
by a dress, blouse, skirt, leotard, bathing suit, or other wearing
apparel provided the nipple or areola is not exposed in whole or in
part.
means a business or commercial enterprise that offers, for
any form of consideration:
Any form of physical contact, including massage, by a person
with the buttock, anus, male genitals, female genitals, or female
breast of another person for the primary purpose of sexual stimulation
or sexual gratification and regardless of whether any of the persons
is in a state of nudity or semi-nude; or
Body painting of the buttock, anus, male genitals, female genitals, or female breast of another person, whether those of the patron or employee, for the primary purpose of sexual stimulation or sexual gratification and regardless of whether any of the persons is in a state of nudity or semi-nude. Sexual encounter centers do not include any massage establishment lawfully registered under Texas Occupations Code, chapter 455, as amended, at which services are only provided by persons registered as a massage therapist under Texas Occupations Code, chapter 455, as amended.
means an adult arcade, adult audio or video center, adult
bookstore, adult novelty store, adult video store, adult cabaret,
adult motel, adult motion picture theater, adult theater, escort agency,
nude model studio, or sexual encounter center or other commercial
enterprise a principal business of which is the offering of a service
or the selling, renting, or exhibiting of devices or any other items
intended to provide sexual stimulation or sexual gratification to
the customer. Sexually oriented businesses do not include: (i) a bookstore,
movie theater, or video store, unless that business is an adult bookstore,
or adult movie theater or adult video store; (ii) a business operated
by or employing a licensed psychologist, licensed physical therapist,
licensed athletic trainer, licensed cosmetologist, or licensed barber
engaged in performing functions authorized under the license held;
or (iii) a business operated by or employing a licensed physician
or licensed chiropractor engaged in practicing the healing arts. A
commercial establishment may have other business purposes that are
not a sexually oriented business or related to a sexually oriented
business. Such other business purposes will not serve to exempt such
commercial establishments from being categorized as a sexually oriented
business so long as one of its business purposes is a sexually oriented
business.
means:
Specified criminal activity means any of the following offenses:
Prostitution or promotion of prostitution; aggravated promotion of
prostitution, compelling prostitution; obscenity, dissemination of
obscenity; sale, distribution or display of harmful material to a
minor; sexual performance by a child; possession or distribution of
child pornography; public lewdness; indecent exposure; indecency with
a child; engaging in organized criminal activity; sexual assault or
aggravated sexual assault; incest, solicitation of a child or harboring
a runaway child; molestation of a child; gambling; offenses involving
necrophilia or bestiality; or distribution of a controlled substance;
or any similar offenses to those described above as well as criminal
attempt, conspiracy or solicitation to commit any of the foregoing
offenses, under the criminal or penal statutes of the states, country,
county or city, for which:
Less than two years have elapsed since the date of conviction
or the date of release from the terms of community supervision, probation,
parole or deferred disposition or the date of release from confinement
imposed for the conviction, whichever is the later date, if the conviction
is of a misdemeanor offense;
Less than five years have elapsed since the date of conviction
or the date of conviction [sic] or the date of release from the terms
of community supervision, probation, parole or deferred disposition
or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a felony offense;
or
Less than five years have elapsed since the date of conviction
or the date of release from the terms of community supervision, probation,
parole or deferred disposition or the date of release from confinement
imposed for the conviction, whichever is the later date, if the convictions
are of two or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any 24-month period.
The fact that a conviction is being appealed shall have no effect
on the disqualification of the applicant or a person residing with
the applicant.
means any of the following:
means the increase in floor areas occupied by the business
by more than 25 percent, as the floor areas exist on: (i) the date
the ordinance from which this article is derived takes effect; or
(ii) for any premises not used as a sexually oriented business on
the date the ordinance from which this article is derived takes effect,
the date an application for a license to use the premises as a sexually
oriented business is received by the city designating the floor area
of the structure or proposed structure in which the sexually oriented
business will be conducted, regardless of any subsequent changes in
applicants, licenses, owners, or operators of the premises or the
sexually oriented business.
means and includes any of the following:
The sale, lease, or sublease of the business;
The transfer of securities or ownership interests which constitute
a controlling interest in the business, whether by sale, exchange,
or similar means; or
The establishment of a trust, gift, or other similar legal device
to which a transfer of any ownership or control of the business, except
for transfer by bequest or other operation of law upon the death of
the person possessing the ownership or control.
(Ordinance 2007-06-121, sec. 1 (12-161),
adopted 5/15/07; Ordinance adopting
Code)
Sexually oriented businesses are classified as follows:
(1)
Adult
arcades;
(2)
Adult
audio or video centers;
(3)
Adult
bookstores, adult novelty stores, or adult video stores;
(4)
Adult
cabarets;
(5)
Adult
motels;
(6)
Adult
motion picture theaters;
(7)
Adult
theaters;
(8)
Escort
agencies;
(9)
Nude
model studios; and
(10)
Sexual encounter centers.
(Ordinance 2007-06-121, sec. 1 (12-162),
adopted 5/15/07)
(a)
A
person commits an offense if the person operates or causes to be operated
a sexually oriented business in any zoning district other than as
allowed by the city's comprehensive zoning ordinance, as amended.
(b)
A
person commits an offense if the person operates or causes to be operated,
within the city limits, a sexually oriented business within 1,250
feet of any of the following located within the city limits or its
extraterritorial jurisdiction:
(1)
A religious institution, church, synagogue, mosque, temple or structure
that is used primarily for religious worship and related religious
activities or real property owned by, or for the benefit of, a religious
organization that intends to use the property for such purposes if
such ownership has been registered with the city;
(2)
A public or private educational facility, including but not limited
to child day-care facilities, nursery schools, preschools, kindergartens,
elementary schools, private schools, intermediate schools, junior
high schools, middle schools, high schools, vocational schools, secondary
schools, continuing education schools, special education schools,
junior colleges, colleges and universities; school includes the school
grounds and related athletic or other facilities regularly visited
by students;
(3)
A boundary of a zoning district zoned for residential uses under
the comprehensive zoning ordinance, an area designated as residential
on the city's comprehensive planning guide;
(4)
A public park or recreational area which has been designated for
park or recreational activities, including but not limited to a park,
playground, nature trails, swimming pool, golf course, reservoir,
athletic field, basketball or tennis courts, pedestrian/ bicycle paths,
wilderness areas, or other similar public land within the city which
is under the control, operation, or management of a governmental entity;
(5)
The property line of a lot devoted to a residential use;
(6)
An entertainment business which is oriented primarily towards children
or family entertainment; or
(7)
A licensed premises, licensed pursuant to the Texas Alcoholic Beverage
Code.
(d)
A
person commits an offense if that person causes or permits the operation,
establishment, substantial enlargement, or transfer of ownership or
control of a sexually oriented business within 1,250 feet of another
sexually oriented business.
(e)
A
person commits an offense if that person causes or permits the operation,
establishment, or maintenance of more than one classification of sexually
oriented business in the same building, structure, or portion thereof,
or the increase of floor area of any sexually oriented business in
any building, structure, or portion thereof, containing another sexually
oriented business.
(f)
For the purpose of subsections (b) and (c) of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the property line or boundary of the premises where a sexually oriented business is operated or to be operated to the nearest property line or boundary for the uses listed in subsection (b) or the right-of-way for the roadways listed in subsection (c), as determined by the chief of police. Presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
(g)
For purposes of subsection (d) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the nearest property line of each property sought to be used as a sexually oriented business as determined by the chief of police. Presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
(h)
Any
sexually oriented business lawfully operating prior to the effective
date of the ordinance from which this article is derived that is in
violation of one or more subsections of this section shall be deemed
a nonconforming use. The nonconforming use will be permitted to continue
for a period not to exceed one year, unless sooner terminated for
any reason, including but not limited to suspension or revocation
of license, or voluntary discontinuance for a period of 30 days or
more. Such nonconforming uses shall not be increased, enlarged, extended,
or altered except that the use may be changed to a conforming use.
If two or more sexually oriented businesses are within 1,250 feet
of one another and otherwise in a permissible location, the sexually
oriented business which was first lawfully established and continually
operating at a particular location is the conforming use and the later
established business is nonconforming.
(i)
A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license, of a use listed in subsection (b) of this section within 1,250 feet of the sexually oriented business or a location listed in subsection (c) of this section within 500 feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or been revoked.
(j)
A
person commits an offense if that person causes or permits the operation,
establishment, or maintenance of a sexually oriented business within
any tax increment financing zone established by the city.
(Ordinance 2007-06-121, sec. 1 (12-163),
adopted 5/15/07)
(a)
It
shall be unlawful for any person to operate or maintain a sexually
oriented business in the city without a valid sexually oriented business
license issued by the city pursuant to this article for the premises
at which the sexually oriented business is operating, or to operate
such business after such license has expired or has been revoked or
suspended by the city.
(b)
It
is unlawful for any person, entertainer, server, employee, manager,
operator or owner to knowingly perform any work, service or entertainment
directly related to the operation of an unlicensed sexually oriented
business.
(c)
It
is unlawful for any person who owns, manages or operates a sexually
oriented business to have an employee or to employ a person, regardless
of the nature of the employment, who works for the sexually oriented
business who is not licensed as a sexually oriented business employee
by the city pursuant to this article.
(d)
It
is unlawful for any person to obtain employment, regardless of the
nature of the employment relationship, with a sexually oriented business
without having secured a sexually oriented business employee license
pursuant to this article.
(e)
It
is unlawful for any person to fail to have a manager, who has a sexually
oriented business employee license and who is responsible for ensuring
compliance with this article, on-duty and working at any time the
sexually oriented business is open for business.
(f)
The
failure to post a sexually oriented business license in the manner
required herein shall be prima facie evidence that such business has
not obtained such a license. In addition, it shall be prima facie
evidence that any entertainer, employee, manager or owner who performs
any business, service or entertainment in a sexually oriented business
in which a sexually oriented business license is not posted in the
manner required herein had knowledge that such business is not licensed.
(g)
A
separate license is required for each sexually oriented business.
A sexually oriented business license shall be issued only for the
one sexually oriented business use listed on the application. Any
change in the type of sexually oriented business use shall invalidate
the sexually oriented business license and require the licensee to
obtain a new license for the change in use. The establishment or maintenance
of more than one sexually oriented business in the same building,
structure or portion thereof is prohibited.
(h)
Each
sexually oriented business license and each sexually oriented business
employee license shall expire one year from the date of issuance and
may be renewed only by making application for renewal. Application
for renewal shall be made at least 30 business days prior to the expiration
date, and when made less than 30 business days before the expiration
date, the license will still expire on its expiration date. When the
city denies renewal of a license, the applicant shall not be issued
a license for one year from the date of denial. If, subsequent to
denial, the city finds that the basis for denial of the renewal license
has been corrected or abated, the applicant may be granted a license
if at least 90 business days have elapsed since the date the denial
became final.
(i)
Sexually
oriented business licenses and sexually oriented business employee
licenses are nontransferable.
(Ordinance 2007-06-121, sec. 1 (12-164),
adopted 5/15/07)
(a)
An
application for a sexually oriented business license or a sexually
oriented business employee license shall be submitted to the chief
of police on a form provided by the city and shall be sworn to as
true and correct.
(b)
All
applicants must be qualified according to the provisions of this article.
The application may request and the applicant shall provide such information
(including fingerprints) as to enable the city to determine whether
the applicant meets the qualifications established in this article.
(c)
Only
a person who is an officer of or who has an ownership interest in
a sexually oriented business may apply for a sexually oriented business
license. An individual wishing to operate a sexually oriented business
must sign the application. If a person who wishes to operate a sexually
oriented business is other than an individual, each individual having
the power to control or direct its operations, each individual who
is an officer and/or each individual having a 20 percent or greater
ownership interest in the sexually oriented business must sign the
application for a license as an applicant. Such persons include, but
are not limited to, general partners, officers, directors, and controlling
shareholders or owners. Each applicant must be qualified under this
article and each applicant shall be considered a licensee if a license
is granted.
(d)
The
completed application for a sexually oriented business license shall
contain the following information and be accompanied by the following
documents:
(1)
If the applicant is:
(A)
An individual, the individual shall state such person's legal name
and any aliases and submit proof that such person is 18 years of age;
(B)
A partnership, the partnership shall state its complete name, the
date of its formation, evidence that the partnership is in good standing
under the laws of the state and if not a Texas partnership, its state
of formation, the names and capacity of all partners and officers,
whether the partnership is general, limited or otherwise, a copy of
the partnership agreement or certificate of partnership, if any, and
the official name and address to be used for process of service on
the partnership; and/or
(C)
A corporation, limited liability company or other legal entity, the
entity shall state its complete name, the date of its incorporation
or formation, evidence that the entity is in good standing under the
laws of the state of formation and if not a Texas entity, the state
of incorporation or formation, the names and capacity of all officers,
directors and controlling stockholders or owners, and the name of
the registered agent and the address of the registered office for
service of process.
(2)
If the applicant intends to operate the sexually oriented business
under a name other than that of the applicant, the application must:
(3)
Whether the applicant, or a person residing with the applicant, has
been convicted of a specified criminal activity, and, if so, the specified
criminal activity involved, the date, place, and jurisdiction of each
conviction, and the date of release from confinement, if applicable.
(4)
Whether the applicant, or a person residing with the applicant, has
had a previous license under this article or other similar sexually
oriented business provisions from another city or county denied, suspended
or revoked, including the name and location of the sexually oriented
business for which the permit was denied, suspended or revoked, the
date of the denial, suspension or revocation, and whether the applicant
or a person residing with the applicant has been a partner in a partnership
or an officer, director or principal stockholder or owner of a corporation
or other legal entity that is licensed under this article whose license
has previously been denied, suspended or revoked, including the name
and location of the sexually oriented business for which the permit
was denied, suspended or revoked, and the date of denial, suspension
or revocation.
(5)
Whether the applicant or a person residing with the applicant holds
any other licenses under this article or other similar sexually oriented
business regulations from another city or county and, if so, the names
and locations of such other licensed businesses.
(6)
The classification of the sexually oriented business for which the
applicant is seeking the license. A sexually oriented business may
only have one classification to be eligible for a license.
(7)
The location of the proposed sexually oriented business, including
a legal description of the property, street address, telephone number,
if any, and the dates a notice sign was posted as required by this
article.
(8)
The applicant's mailing address and residence address.
(9)
For each applicant, a copy of a valid state driver's license with
photo, or a valid state identification card with photo. The originals
of the required forms of identification shall be presented to the
chief of police for inspection prior to the issuance of a license.
(10)
The applicant's driver's license number and state of issuance.
(11)
A sketch or diagram showing the configuration of the premises, including
a statement of total floor space occupied by the business, prepared
and sealed by an architect or engineer, drawn to a designated scale
or drawn with marked dimensions of the interior of the premises to
an accuracy of plus or minus six inches.
(12)
A current certificate and straight-line drawing prepared within 30 days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within 1,250 feet of the property to be certified; the property lines or boundaries of the uses and locations described in section 5.05.004(b) and (c) within 1,250 feet of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence or owned by such type of user at the time an application is submitted.
(13)
If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, videocassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the additional application requirements set forth in section 5.05.015.
(14)
A statement whether the applicant or a person with whom applicant
is residing is delinquent in payment to the city of taxes, fees, fines
or penalties.
(e)
The
completed application for a sexually oriented business employee license
shall contain the following information and shall be accompanied by
the following documents:
(1)
The applicant's name or any other name (including "stage" names)
or aliases used by the individual;
(2)
Age, date, and place of birth;
(3)
Height, weight, hair and eye color;
(4)
Present residence address and telephone number;
(5)
Present business address and telephone number;
(6)
A copy of a valid state driver's license with photo, or a valid state
identification card with photo. The originals of the required forms
of identification shall be presented to the chief of police for inspection
prior to the issuance of a license;
(7)
Proof that the individual is at least 18 years of age;
(8)
A color photograph of the applicant clearly showing the applicant's
face, and the applicant's fingerprints on a form provided by the city.
Any fees for the photographs and fingerprints shall be paid by the
applicant;
(9)
A statement detailing the license history of the applicant for the
five years immediately preceding the date of the filing of the application,
including whether such applicant previously operated or is seeking
to operate, in this or any other county, city, state, or country,
has ever had a license, permit, or authorization to do business denied,
revoked, or suspended, or had any professional or vocational license
or permit denied, revoked, or suspended. In the event of any such
denial, revocation, or suspension, state the name, the name of the
issuing or denying jurisdiction, and describe in full the reason for
the denial, revocation, or suspension. A copy of any order of denial,
revocation, or suspension shall be attached to the application;
(10)
A statement whether the applicant has been convicted of a specified
criminal activity as defined in this article and, if so, the specified
criminal activity involved, the date, place and jurisdiction of each
conviction, and the date of release from confinement, if applicable;
and
(11)
A statement whether the applicant or a person with whom applicant
is residing is delinquent in payment to the city of taxes, fees, fines
or penalties.
(f)
All
employees of a sexually oriented business existing prior to the passage
of the ordinance from which this article is derived must submit an
application for a sexually oriented business employee license required
by this article no later than 60 days from the effective date of the
ordinance from which this article is derived and any employee failing
to do so shall not continue to work on the premises of a sexually
oriented business if he fails to submit an application within 60 days
or if the application for license is denied. Any person who fails
to timely submit an application for a license as required by this
subsection, or any person operating a sexually oriented business who
allows an employee to continue working who is not in compliance with
this subsection or who fails to receive a license shall be considered
to be in violation of this section.
(g)
Each
application for a sexually oriented business license and each application
for a sexually oriented business employee license, or renewal thereof,
shall be accompanied by a nonrefundable application fee established
by resolution of the city council. An application shall not be considered
filed until the required fee is paid and the application is complete
in all respects and all information and documentation required by
the application form has been submitted.
(h)
Each
applicant shall sign a waiver and authorization form authorizing the
chief of police to request on behalf of the applicant criminal history
from the state department of public safety and other appropriate state
and federal agencies. The applicant shall pay all fees and costs associated
with such request for criminal history.
(i)
Each
license issued by the chief shall include two photographic identification
cards, a personal card and an on-site card.
(j)
If
any personal card or on-site card is lost or stolen, the holder thereof
shall immediately notify the chief of police and request a replacement,
which shall be issued for a fee established by resolution of the city
council within three days following verification of the identify of
the holder.
(Ordinance 2007-06-121, sec. 1 (12-165),
adopted 5/15/07)
The following requirements apply for posting a sign concerning
intent to locate sexually oriented businesses:
(1)
An
applicant for a sexually oriented business license for a location
for which a sexually oriented business license has not previously
been issued shall post an outdoor sign at the location in compliance
with Texas Local Government Code, section 243.0075, as amended, not
later than the 60th day before submitting the application for a sexually
oriented business license.
(2)
The
sign shall comply with the following and Texas Local Government Code,
section 243.0075, as amended:
(A)
The sign must be at least 24 by 36 inches in size;
(B)
All letters must be at least two inches in height and one and one-half
inches in width for each letter on the sign;
(C)
The sign shall state that a sexually oriented business is intended
to be located on the premises;
(D)
The sign shall provide the name and business address of the owner
and operator;
(E)
All required information must be presented in both English and Spanish;
(F)
All required information must read horizontally from left to right;
and
(G)
The sign shall be prominently posted such that it is clearly legible
from the public right-of-way.
(3)
The
operator of a proposed sexually oriented business shall notify the
chief of police, by certified mail or hand delivery, when a sign is
posted at the intended location of the business in compliance with
Texas Local Government Code, section 243.0075, as amended. The notification
must be in the form of a sworn statement indicating the location of
the sign and the date it was posted and must be received by the chief
of police within five days after the posting of the sign. If the chief
of police receives the notification within five days after the sign
was posted, the 60-day posting period required by Texas Local Government
Code, section 243.0075 shall be deemed to begin on the posting date.
If the notification is received by the chief of police more than five
days after the sign was posted, the 60-day posting requirement shall
be deemed to begin on the date the chief of police verifies the sign
has been posted.
(4)
When a sign is posted at an intended location of a sexually oriented business and the intended location is not in violation of the distance requirements set out in this article on the posting date, the sexually oriented business will qualify as a conforming use with regard to the distance requirements and will not be rendered nonconforming by any location, subsequent to the posting of the sign, of the use or location described in section 5.05.004(b) and (c) within 1,250 feet of the posted location.
(5)
Subsection (4) of this section does not apply if:
(A)
A completed application for a license for a proposed sexually oriented
business is not filed with the chief of police within 20 days after
the expiration of the 60-day posting requirement under Texas Local
Government Code, section 243.0075, as amended; or
(B)
The application for a license is withdrawn or denied; or
(C)
The notification requirements of subsection (2) are not met.
(Ordinance 2007-06-121, sec. 1 (12-166),
adopted 5/15/07)
(a)
Upon
the filing of a complete application for a sexually oriented business
employee license, the chief of police shall issue a temporary license,
valid for 30 business days, to said applicant. If the sexually oriented
business employee license is denied, the temporary license previously
issued is immediately deemed null and void. The application shall
then be referred to the appropriate city departments for an investigation
to be made on such information as is contained on the application.
The investigation shall be completed within 25 business days from
the date the completed application was filed. Upon completion of the
investigation, the chief of police shall issue a license, not later
than 30 business days from the date the completed application was
filed, unless it is determined by a preponderance of the evidence
that one or more of the following are true:
(1)
The application contains false, fictitious or fraudulent information
or the applicant has failed to provide information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application form;
(2)
The applicant is under the age of 18 years;
(3)
The applicant has been convicted of a specified criminal activity;
(4)
The sexually oriented business employee license is to be used for
employment in a business prohibited or unlicensed by local or state
law, statute, rule or regulation, or prohibited by a particular provision
of this article;
(5)
The applicant has had a sexually oriented business employee license
revoked by the city within two years of the date of the current application;
(6)
The license application fee and/or costs required by this article
have not been paid; or
(7)
The applicant or a person with whom applicant is residing is delinquent
in payment to the city of taxes, fees, fines or penalties.
(b)
Sexually
oriented business licenses and sexually oriented business employee
licenses issued pursuant to this section shall be subject to annual
renewal upon the written application of the applicant and a finding
by the chief of police that the applicant has not been convicted of
any specified criminal activity or committed any act during the existence
of the previous license which would be grounds to deny the initial
license application. The renewal of the license shall be subject to
the payment of a license renewal application fee established by resolution
of the city council from time to time.
(c)
Upon
the filing of a complete application for a sexually oriented business
license, the application shall be referred to the appropriate city
departments for an investigation to be made on such information as
is contained on the application. The investigation shall be completed
within 25 business days from the date the completed application was
filed. Upon completion of the investigation, the chief of police shall
issue a license not later than 30 business days from the date the
completed application was filed, unless it is determined by a preponderance
of the evidence that one or more of the following are true:
(1)
An applicant is under 18 years of age;
(2)
An applicant or a person with whom applicant is residing is delinquent
in payment to the city of taxes, fees, fines or penalties, including
but not limited to those related to the sexually oriented business
or the property on which the sexually oriented business is located;
(3)
The application contains false, fictitious or fraudulent information
or the applicant has failed to provide information reasonably necessary
for issuance of the license or has falsely answered a question or
request for information on the application form;
(4)
An applicant or a person with whom the applicant is residing has
been denied a license by the city to operate a sexually oriented business
within the preceding 12 calendar months or whose license to operate
a sexually oriented business has been revoked within the preceding
12 calendar months;
(5)
An applicant or a person with whom the applicant is residing has
been convicted of a specified criminal activity;
(6)
The premises to be used for the sexually oriented business have not
been approved by the police department, fire department, development
services department, building official, health department or other
city department or applicable governmental agency as being in compliance
with applicable laws and ordinances;
(7)
The license application fee and/or costs required by this article
have not been paid; or
(8)
An applicant of the proposed establishment is in violation of or
is not in compliance with any of the provisions of this article, the
comprehensive zoning ordinance, or any other applicable city ordinance,
as may be amended.
(d)
The
sexually oriented business license, if issued, shall state on its
face the name of the person or persons to whom it is issued, the expiration
date, the address of the sexually oriented business and the classification
for which the license is issued. All sexually oriented business licenses
shall be posted in a conspicuous place at or near the entrance to
the sexually oriented business so that they may be easily read at
any time the establishment is occupied or open for business. A sexually
oriented business license is only valid for the premises for which
it was issued. The sexually oriented business employee license, if
granted, shall state on its face the name of the person to whom it
is granted, the expiration date and the address of the applicant.
The holder of a sexually oriented business employee license shall
have the license available for inspection at the premises where such
person is working pursuant to the authority granted under the license.
The holder of a sexually oriented business license shall be responsible
for verifying that each employee holds a valid sexually oriented business
employee license and for maintaining copies of such employee licenses
on the premises.
(e)
A
sexually oriented business license shall be issued for only one classification.
(Ordinance 2007-06-121, sec. 1 (12-167),
adopted 5/15/07)
(a)
As
a condition for the issuance of a license, an applicant or licensee
shall permit representatives of the police department, health department,
fire department, development services department, building inspections
or other city departments or agencies to inspect the premises of a
sexually oriented business for the purpose of ensuring compliance
with the law, at any time it is occupied or open for business and
at other reasonable times upon request.
(b)
A licensee or person who operates a sexually oriented business, or their agent or employee, commits an offense if such person refuses to permit a lawful inspection of the premises by representatives of the city as set forth in subsection (a) above at any time the sexually oriented business is occupied or open for business and at other reasonable times upon request.
(Ordinance 2007-06-121, sec. 1 (12-168),
adopted 5/15/07)
(a)
The
chief of police shall suspend a license for a period not to exceed
30 calendar days if the chief determines that a licensee or an employee
of a licensee has:
(b)
A sexually oriented business may not operate while the sexually oriented business license issued for that business is suspended. The holder of a sexually oriented business employee license may not work on the premises of a sexually oriented business while that employee's license is suspended, except as allowed by section 5.05.012.
(Ordinance 2007-06-121, sec. 1 (12-169),
adopted 5/15/07)
(a)
The chief of police shall revoke a license if a cause of suspension in section 5.05.010 occurs and the license has been suspended within the preceding 12 months.
(b)
The
chief of police shall revoke a license if the chief of police determines
that:
(1)
A licensee gave false or misleading information in the material submitted
during the application process;
(2)
A licensee has knowingly allowed possession, use, or sale of controlled
substances on the premises of the sexually oriented business or failed
to report such activities to the police;
(3)
A licensee has knowingly allowed prostitution on the premises of
the sexually oriented business or failed to report such activities
to the police;
(4)
A licensee knowingly operated the sexually oriented business during
a period of time when the licensee's license was suspended;
(5)
Except in the case of an adult motel, a licensee has knowingly allowed
any act of sexual intercourse, sodomy, oral copulation, masturbation,
or other sex act to occur in or on the licensed premises;
(6)
A licensee is delinquent in payment to the city of taxes, fees, fines
or penalties, including but not limited to those related to the sexually
oriented business or the property on which the sexually oriented business
is located; or
(7)
A manager, having a sexually oriented business employee license,
responsible for ensuring compliance with this article is not on duty
and working at any time the premises is open for business.
(c)
When
the chief of police revokes a license, the revocation shall continue
for one year, and the licensee shall not be issued a license for one
year from the date the revocation became effective. If, subsequent
to revocation, the chief of police finds that the basis for the revocation
has been corrected or abated, the applicant may be granted a license
if at least 90 days have elapsed since the date the revocation became
effective.
(Ordinance 2007-06-121, sec. 1 (12-170),
adopted 5/15/07)
(a)
Any applicant for a license who is denied a license or the holder of any license that is suspended or revoked shall have the right to appeal such decision to the city administrator. The appeal may be made by filing with the city administrator, within ten (10) business days after notice of the denial, suspension or revocation has been received, a written statement setting forth fully the grounds for the appeal and the name, mailing address, facsimile number and/or e-mail address and telephone number to be used by the city to provide notice of a hearing as required by subsection (b) of this section.
(b)
The
city administrator shall provide for a hearing on such appeal and
shall notify the appellant and chief of police in writing of the date,
time and location of such hearing at least seven (7) calendar days
prior to the hearing, unless the appellant agrees in writing to a
shorter period. The appeal shall be decided on the basis of a preponderance
of the evidence. For purposes of this section, notice by facsimile
or hand delivery shall be considered delivered on the date of fax,
or delivery, if faxed or delivered prior to 5:00 p.m., and if after
5:00 p.m. it shall be considered delivered on the next day. Notice
sent by U.S. mail shall be deemed delivered on the second day following
deposit in the United States mail.
(c)
The
decision of the city administrator shall be made no later than 30
business days after receipt of notice of the appeal unless waived
by the appellant. The decision of the city administrator is final.
(d)
If
the appellant being denied a license renewal holds an unrevoked, unsuspended
license for the preceding year, such person shall be permitted to
continue to operate under the existing license until a final decision
is made by the city administrator under this section, unless the chief
of police determines from evidence or information presented to it
that continued operation or work by the appellant would constitute
a continuing and imminent threat to the public welfare; however, if
said license expired prior to the denial of the renewal, the license
shall be considered expired and the appellant may not use the expired
license.
(e)
An
appellant appealing the suspension or revocation of a license may
continue to use such license until a final decision is made by the
city administrator, unless the city determines from evidence or information
presented to it that continued operation or work by the appellant
would constitute a continuing and imminent threat to the public welfare.
(f)
The
decision of the city administrator may be appealed to the state district
court of Wise County.
(Ordinance 2007-06-121, sec. 1 (12-171),
adopted 5/15/07; Ordinance adopting
Code)
A licensee commits an offense if the licensee transfers a license
to another person or entity, or operates a sexually oriented business
under the authority of a license at any place other than at the address
for which the license was issued.
(Ordinance 2007-06-121, sec. 1 (12-172),
adopted 5/15/07)
(a)
Evidence
that a sleeping room in a hotel, motel, or a similar commercial establishment
has been rented and vacated two or more times in a period of time
that is less than ten hours creates a rebuttable presumption that
the establishment is an adult motel as that term is defined in this
article.
(b)
A
person commits an offense if, as the person in control of a sleeping
room in a hotel, motel, or similar commercial establishment that does
not have a sexually oriented business license, he rents or sub-rents
a sleeping room to a person and, within ten (10) hours from the time
the room is rented, he rents or sub-rents the same sleeping room again.
(Ordinance 2007-06-121, sec. 1 (12-173),
adopted 5/15/07)
A person who operates or causes to be operated a sexually oriented
business, other than an adult motel, which exhibits on the premises
in a viewing room, booth, stall or partitioned portion of a room having
less than 150 square feet of floor space, a film, videocassette, live
entertainment, or other video reproduction which depicts specified
sexual activities or specified anatomical areas (herein referred to
as "viewing area") shall comply with the following requirements:
(1)
Upon
application for a sexually oriented business license, the application
shall be accompanied by a diagram of the premises 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 premises in which patrons will not be permitted. A manager's
station may not exceed 32 square feet of floor area. The diagram shall
also designate the place at which the permit will be conspicuously
posted, 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 premises to an accuracy of plus
or minus six inches. The city may waive the foregoing diagram for
renewal applications if the applicant adopts a diagram that was previously
submitted and certifies that the configuration of the premises has
not been altered since it was prepared.
(2)
No
alteration in the configuration or location of a manager's station
may be made without the prior written approval of the chief of police.
(3)
It
is the duty of the licensee of the premises to ensure that at least
one licensed employee is on duty and situated in each manager's station
at all times that any patron is present inside the premises. If the
premises has two or more manager's stations designated, then the interior
of the premises shall be configured in such a manner that there is
an unobstructed view of each area of the premises to which any patron
is permitted access for any purpose from at least one of the manager's
stations. The view required in this subsection must be by direct line
of sight from the manager's station.
(4)
The
interior of the premises shall be configured in such a manner that
there is an unobstructed view from a manager's station of every area
of the premises to which any patron is permitted access for any purpose,
excluding restrooms. Restrooms may not contain video reproduction
equipment. No viewing area shall have a door, half-door, curtain,
portal, partition or other divider unless at least one side is completely
open to an adjacent public room and a manager's station so that the
area inside is visible to persons in the adjacent public room and
a manager's station.
(5)
It shall be the duty of the licensee to ensure that the viewing area specified herein remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted as set forth in the application filed pursuant to subsection (1) of this section.
(6)
No
viewing area may be occupied by more than one person at any time.
(7)
The
premises shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate every place to which patrons are permitted
access at an illumination of not less than five footcandles as measured
at the floor level.
(8)
It shall be the duty of the licensee to ensure that the illumination described in subsection (7) above is maintained at all times that any patron is present in the premises.
(9)
No
licensee shall allow openings of any kind to exist between viewing
areas.
(10)
No person shall make or attempt to make an opening of any kind between
viewing areas. A solid metal barrier in which an opening cannot be
easily made shall be used in the wall construction between viewing
areas within 48 inches of the floor.
(11)
The licensee shall, during each business day, regularly inspect the
walls between the viewing areas to determine if any openings or holes
exist.
(12)
The licensee shall cause all floor coverings in viewing areas to
be nonporous, easily cleanable surfaces, with no rugs or carpeting.
(13)
The licensee shall cause all wall surfaces and ceiling surfaces in viewing areas to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within 48 inches of the floor. A person having a duty under subsections (1) through (12) above commits an offense if such person knowingly fails to fulfill that duty.
(Ordinance 2007-06-121, sec. 1 (12-174),
adopted 5/15/07)
(a)
An
escort agency shall not employ any person under the age of 18 years.
(b)
A
person commits an offense if the person acts as an escort or agrees
to act as an escort for any person under the age of 18 years.
(Ordinance 2007-06-121, sec. 1 (12-175),
adopted 5/15/07)
(a)
A
nude model studio shall not employ any person under the age of 18
years.
(b)
A
person under the age of 18 years commits an offense if the person
appears semi-nude or in a state of nudity in or on the premises of
a nude model studio. It is a defense to prosecution under this subsection
if the person under 18 years was in a restroom not open to public
view, not open to persons of the opposite sex or visible to any other
person, so long as there was not more than one person in a restroom
stall.
(c)
A
person commits an offense if the person appears in a state of nudity,
or knowingly allows another to appear in a state of nudity, in an
area of a nude model studio premises which can be viewed from the
public right-of-way.
(d)
A
nude model studio shall not place or permit a bed, sofa, or mattress
in any room on the premises, except that a sofa may be placed in a
reception room open to the public.
(e)
An
employee of a nude model studio, while exposing any specified anatomical
areas, commits an offense if the employee touches a patron or the
clothing of a patron.
(f)
A
patron at a nude model studio commits an offense if he touches an
employee who is exposing any specified anatomical areas or touches
the clothing of the employee.
(g)
A
licensee or an employee of a nude model studio commits an offense
if he permits any customer access to an area of the premises not visible
from the manager's station or not visible by a walk-through of the
premises without entering a closed area, excluding a restroom.
(Ordinance 2007-06-121, sec. 1 (12-176),
adopted 5/15/07)
(a)
Sexual
encounter centers are prohibited. No license shall be issued for the
operation of a sexual encounter center.
(b)
A
person commits an offense if the person owns, operates or causes to
be operated a sexual encounter center. Any person in control of the
premises shall be presumed to be operating the sexual encounter center.
(Ordinance 2007-06-121, sec. 1 (12-177),
adopted 5/15/07)
(a)
It
shall be an offense for a person to knowingly and intentionally appear
in a state of nudity or to depict specified sexual activities in a
sexually oriented business.
(b)
It
shall be an offense for a person to knowingly or intentionally appear
in a semi-nude condition in a sexually oriented business unless the
person is an employee who, while semi-nude, shall be at least six
(6) feet from any patron or customer and on a stage at least two (2)
feet from the floor level used by patrons.
(c)
It
shall be an offense for an employee to solicit any pay or gratuity
from any patron while said employee is semi-nude in a sexually oriented
business.
(d)
It
shall be an offense for any patron to pay or give any gratuity to
any employee while said employee is nude or semi-nude in a sexually
oriented business.
(e)
It
shall be an offense for an employee to touch a patron or the clothing
of a patron while said employee is semi-nude in a sexually oriented
business.
(f)
It
shall be an offense for a patron in a sexually oriented business to
touch a nude or semi-nude employee, or to touch the clothing of a
nude or semi-nude employee.
(g)
Each
manager or entertainer shall conspicuously display his personal card
upon his person at all times while acting as an entertainer or manager
of or in a sexually oriented business.
(h)
Each
manager or entertainer shall provide his on-site card to the manager
or on-site manager in charge of the sexually oriented business to
hold while the manager or entertainer is on the premises of the sexually
oriented business.
(Ordinance 2007-06-121, sec. 1 (12-178),
adopted 5/15/07)
(a)
Except as provided in subsection (b) below, a person commits an offense if the person knowingly allows a person under the age of 18 years on the premises of a sexually oriented business. It shall be unlawful for any person under the age of 18 years to enter or be on the premises of a sexually oriented business at any time the sexually oriented business is open for business.
(b)
No
person under the age of 21 shall be permitted on the premises of a
sexually oriented business where persons appear in a state of nudity
or a state of semi-nudity. A person commits an offense if the person
knowingly allows a person under the age of 21 years on the premises
of a sexually oriented business where persons appear in a state of
nudity or state of semi-nudity. It shall be unlawful for any person
under the age of 21 years to enter or be on the premises of a sexually
oriented business, where persons appear in a state of nudity or semi-nudity,
at any time such sexually oriented business is open for business.
(Ordinance 2007-06-121, sec. 1 (12-179),
adopted 5/15/07)
No sexually oriented business, except for an adult motel, may
remain open at any time except between the hours of 10:00 a.m. and
10:00 p.m. Monday through Saturday, and 12:00 p.m. (noon) and 10:00
p.m. on Sunday.
(Ordinance 2007-06-121, sec. 1 (12-180),
adopted 5/15/07)
(a)
It
shall be an offense for any person to maintain, own, or operate a
sexually oriented business on any premises on which alcoholic beverages
are served or offered for sale for consumption, or permitted to be
consumed.
(b)
It
shall be an offense for any person who maintains, owns or operates
any commercial establishment where alcoholic beverages are served
or offered for sale for consumption on the premises, or are permitted
to be consumed on the premises, to permit any person to appear in
a state of nudity or semi-nudity.
(Ordinance 2007-06-121, sec. 1 (12-181),
adopted 5/15/07)
(a)
A
person commits an offense if the person allows:
(1)
The merchandise or activities of the sexually oriented business to
be visible from any point outside the premises;
(2)
Any exterior portion of the premises of a sexually oriented business to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, graphics or pictorial representations of any manner except for the words or letters allowed by subsection (b);
(3)
Any sign to exist that does not comply with the city sign ordinance
as it exists or may be amended; or
(4)
Any exterior portion of the premises of a sexually oriented business
to be any color other than a single achromatic color, unless the following
conditions are met:
(A)
The premises are part of a commercial multi-unit development; and
(B)
The exterior portions of each premises or unit in the commercial
multi-unit development, including the exterior of the sexually oriented
business, are the same color as one another or are colored in such
a way as to be a component of the overall architectural style or pattern
of the commercial multi-unit development.
(b)
Notwithstanding
any provision of the city sign ordinance, as it exists or may be amended,
a sexually oriented business is limited to one (1) attached sign with
an area not exceeding that calculated by multiplying the lease space
frontage by two feet, and in no case greater than 100 square feet
in area, and one (1) freestanding sign not exceeding (6) feet in height
and 35 square feet in area. No sign visible from any point outside
the premises shall contain photographs, silhouettes, drawings, or
pictorial representations of any manner, and may contain only:
(c)
No
sexually oriented business shall be conducted in any manner that permits
the observation of any material depicting, describing or relating
to specified sexual activities or specified anatomical areas by display,
sign, show window or other opening from any public view.
(d)
A
sign shall be conspicuously displayed in the common area of an adult
cabaret or adult theater that shall read as follows:
|
THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE CITY
OF NEW FAIRVIEW
| |
|---|---|
|
Entertainers and employees are:
| |
|
a.
|
Not permitted to engage in any type of sexual conduct.
|
|
b.
|
Not permitted to be unclothed, clothed in less than opaque attire,
or to move or remove such attire, or allow such attire to be moved
or removed so as to expose to view any portion of the pubic region,
anus, buttocks, vulva or genitals, or any portion of the female breast
below the top of the areola except upon a stage at least two (2) feet
above the immediate floor level and removed at least six feet (6')
from the nearest patron.
|
|
c.
|
Not permitted to demand or collect any payment or gratuity from
any patron for entertainment before its completion.
|
(Ordinance 2007-06-121, sec. 1 (12-182),
adopted 5/15/07)
A person who operates or causes to be operated a sexually oriented
business without a valid license or who violates this article is subject
to a suit for injunction as well as prosecution for criminal violations.
(Ordinance 2007-06-121, sec. 1 (12-183),
adopted 5/15/07)
(a)
Whenever
a person does an act that is prohibited, fails to perform an act that
is required, or commits an act that is made an offense by any provision
of this article or any other ordinance regulating sexually oriented
businesses, the violation is punishable by a fine not to exceed two
thousand dollars ($2,000.00), or [as provided by] other applicable
law. A person violating a provision of this article is guilty of a
separate offense for each day or part of a day during which the violation
is committed, continued, or permitted.
(b)
Except
where otherwise specified, a culpable mental state is not required
for the commission of an offense under this article.
(c)
It is a defense to prosecution under section 5.05.017 that a person appearing in a state of nudity did so in a modeling class operated:
(1)
By a proprietary school, licensed by the state; or a college, a junior
college, or a university supported entirely or partly by governmental
taxation;
(2)
By a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation; or
(3)
In a structure:
(A)
Which has no sign visible from the exterior of the structure and
no other advertising that indicates a nude person is available for
viewing;
(B)
Where, in order to participate in a class a student must enroll at
least three days in advance of the class; and
(C)
Where no more than one nude model is on the premises at any one time.
(Ordinance 2007-06-121, sec. 1 (12-184),
adopted 5/15/07)
