(a) 
Purpose.
It is the purpose of this article to regulate sexually oriented businesses in order to promote public health, safety, and welfare of the citizens of the city, and to establish reasonable and uniform regulations. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment. Neither is it the intent nor effect of this article to condone or legitimize the distribution of obscene material.
(b) 
Findings.
Based on evidence concerning the adverse secondary effects of adult sexually oriented businesses on the community presented in hearings and workshops and in reports made available to the council and on studies in other communities, including, but not limited to, Phoenix, Arizona; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Whittier, California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma; and Cleveland, Ohio, the council finds:
(1) 
Sexually oriented businesses may lend themselves to ancillary unlawful and unhealthy activities that presently are sometimes uncontrolled by the managers of the establishments. Further, there is presently no mechanism to make the owners of these establishments responsible for certain activities that occur on their premises.
(2) 
Certain employees of sexually oriented businesses defined in this article as adult theaters and cabarets engage in higher incidence of certain types of illicit sexual behavior than employees of other establishments.
(3) 
Sexual acts, including masturbation and oral and anal sex, may easily occur at sexually oriented businesses which provide private or semi-private booths or cubicles for viewing films, videos, or live sex shows.
(4) 
Offering and providing such space encourages such activities, which may create unhealthy conditions.
(5) 
Many communicable diseases may be spread by activities which may occur in sexually oriented businesses.
(6) 
According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.
(7) 
The findings noted in subsections (1) through (6) raise substantial governmental concerns.
(8) 
Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.
(9) 
A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the managers of the sexually oriented businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on the managers to see that the sexually oriented business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the city.
(10) 
Removal of doors on adult booths and requiring sufficient lighting on premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity which may occur in such booths.
(11) 
Requiring licensees of sexually oriented businesses to keep information regarding current employees and certain past employees will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.
(12) 
The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the sexually oriented business, where such information is substantially related to the significant governmental interest in the operation of such uses, may aid in preventing the spread of sexually transmitted diseases.
(13) 
It is desirable in the prevention of the spread of communicable diseases to obtain a limited amount of information regarding certain employees who may engage in the conduct which this article is designed to prevent or who are likely to be witnesses to such activity.
(14) 
The fact that an applicant for a sexually oriented business or sexually oriented business employee license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this article.
(15) 
The barring of such individuals from the management of or employment in sexually oriented businesses for a period of years serves as a deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases.
(16) 
The general welfare, health, and safety of the citizens of the city will be promoted by the enactment of this article.
(17) 
Sexually oriented businesses can exert negative influences on churches, schools and day care centers, and have negative effects on property values, can contribute to increased criminal activities in surrounding areas, and can exert the same types of negative community influences on other forms of land usage, such as public buildings and parks, that were not previously addressed in the prior ordinance.
(18) 
The offenses listed under specified criminal activity which may serve as grounds for denial, revocation or refusal of a license under this article are offenses which relate to or bear on the management or operation of a sexually oriented business or employment in a sexually oriented business. The specified criminal activity offenses would also be directly related to the fitness of an individual to receive a license as a sexually oriented business employee. Accordingly, the specified criminal activity offenses are directly related to the duties and the responsibilities which may be authorized by a license issued under this article. Accordingly, there is a serious need to protect members of the public and fellow employees of sexually oriented business enterprises from persons who have committed the specified criminal activity offenses outlined in this article.
(19) 
Persons who hold or apply for sexually oriented business or business employee licenses under this article should be subject to a verification that they have not either pled guilty or been convicted of any of the offenses noted under the definition for specified criminal activity.
(20) 
The provisions of the prior ordinance were insufficient regarding “booths” to properly address the issues associated with casual sexual activity that may facilitate the spread of sexually transmitted diseases, criminal activities including lewd conduct, indecent exposure, etc., or other activities detrimental to the health, safety and welfare of the public and therefore determines that there is a need to provide for the monitoring of activities in facilities which offer either live entertainment or films, movies, videocassettes, video reproductions, video laser discs, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and therefore provides in this article provisions requiring that areas where such activities occur be fully visible to and monitored by management employees of such sexually oriented businesses to ensure that the activities in the building are in compliance with the provisions of this article.
(21) 
Instituting distance requirements as they address the location of sexually oriented businesses or the conduct of licensed employees is reasonable and necessary to provide protection to the community from the negative secondary effects of sexually oriented business and may be done without depriving such businesses of adequate opportunities to locate within the city or licensed employees from engaging in protected activities.
(22) 
The city council finds that the provisions of this article as they relate to signage requirements are proper subjects for city control and that the failure to control signage related to sexually oriented businesses may have a negative secondary effect on the community, that the signage requirements would serve to reduce the negative secondary effects of sexually oriented businesses upon the community, that the signage requirements would not deprive such businesses of adequate opportunity to provide notice to the public of their location and business, and that the requirement would further act to protect the health, safety and welfare of the public.
(Ordinance 00-10, sec. 1, adopted 1/25/00; 1978 Code, sec. 7-81)
Adult arcade.
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 (5) or fewer persons per machine at any one time on the premises, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
Adult bookstore.
A commercial establishment which, as one of its primary businesses, offers for sale or rental for any form of consideration any one (1) or more of the following: books, magazines, periodicals or other printed matter, or photographs, which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Adult cabaret.
A nightclub, bar, restaurant, or similar commercial establishment that features:
(1) 
Persons who appear in a totally nude or semi-nude condition, or in a state of nudity;
(2) 
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(3) 
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.
Adult mini-theater.
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 disk players, or other image-producing devices are maintained to show images to more than five (5) but less than one hundred (100) persons per machine at any one time on the premises, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas. Adult mini-theater shall not include any conventional motion picture screen or projection area designed to be viewed in a room containing tiers or rows of seats with a viewer seating capacity of one hundred (100) or more persons.
Adult motel.
A hotel, motel or similar commercial establishment which:
(1) 
Offers accommodations to the public for any form of consideration; [and] 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 as defined in this article;
(2) 
Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
(3) 
Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.
Adult motion picture theater.
An establishment, containing a room with tiers or rows of seats facing a screen, or projection area, which offers, as one of its primary businesses, the exhibition to customers of motion pictures which are intended to provide sexual stimulation or sexual gratification to such customers and which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
Adult novelty store.
A commercial establishment which, as one of its primary businesses, offers for sale or rental for any form of consideration any one or more of the following: instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
Adult theater.
A theater, concert hall, auditorium, 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.
Adult video store.
A commercial establishment which, as one of its primary businesses, offers for sale or rental for any form of consideration any one (1) or more of the following: films, motion pictures, videocassettes or video reproductions, video or laser disks, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Applicant.
The person submitting the application for a sexually oriented business or sexually oriented business employee license. If applicable, this includes a designated agent of the applicant and all persons who hold a five (5) percent or greater interest in the business.
Child care facility.
A facility licensed by the state, whether situated within the city or not, that provides care, training, education, custody, treatment or supervision for more than twelve (12) children under fourteen (14) years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility, for less than twenty-four (24) hours a day, regardless of whether or not the facility is operated for a profit or charges for the services it offers.
Church.
A building, whether situated within the city or not, in which persons regularly assemble for religious worship, intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.
City.
The City of Beaumont or a person designated to act on behalf of the city by the city manager.
City council.
The elected mayor and councilmembers meeting with a quorum present after proper notice as required by state law.
Conspicuous place.
A location within the sexually oriented business, near its entrance and lighted such that material posted there can be read from a distance of three (3) feet.
Convicted.
A judicial conviction, deferred prosecution, deferred adjudication, or probation, and shall include any of these which are on appeal.
Customer.
Any person who:
(1) 
Is allowed to enter a sexually oriented business or any portion of a sexually oriented business in return for the payment of an admission fee, membership fee or any other form of consideration or gratuity;
(2) 
Enters a sexually oriented business or any portion of a sexually oriented business and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or
(3) 
Is a member of and on the premises of a sexually oriented business operating as a private or membership club or a sexually oriented business that reserves any portion of the premises of the sexually oriented business as a private or membership club.
Employee.
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 denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid or receives a salary, wage, tips, or other compensation by the manager or customers of said business. By way of example, rather than limitation, the terms includes the operator and other management personnel, clerks, dancers, models and other entertainers, food and beverage preparation and service personnel, door persons, bouncers, and cashiers. It is expressly intended that this definition cover not only conventional employer-employee relationships but also independent contractor relationships, agency relationships, and any other scheme or system whereby the “employee” has an expectation of receiving compensation, tips, or other benefits from the sexually oriented business or its customers in exchange for services performed. 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, and specifically does not include part-time maid services and lawn services.
Entertainer.
Any employee of a sexually oriented business who performs or engages in entertainment.
Entertainment.
Any act or performance, such as a play, skit, reading, revue, fashion show, modeling performance, pantomime, role playing, encounter session, scene, song, dance, musical rendition or striptease, that involves the display or exposure of specified sexual activities or specified anatomical areas. The term “entertainment” shall include any employee or entertainer exposing any specified anatomical areas or engaging in any specified sexual activities whenever in the presence of customers.
Escort.
An individual who, for consideration, agrees or offers to privately model, dance or similarly perform for another person, or to act as a private companion, guide or date for another person and offers a service intended to provide sexual stimulation or sexual gratification to the customer.
Escort agency.
A business that, for consideration, furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes and offers a service intended to provide sexual stimulation or sexual gratification to the customer.
Hearings officer.
An attorney licensed by the supreme court of the state who is not an employee of the city.
Licensee.
A person in whose name a license to operate a sexually oriented business has been issued, as well as every individual listed as an applicant on the application for a license; and, in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.
Managing/operating.
Control of the sexually oriented business, i.e., making operational or management decisions concerning the sexually oriented business. The person making these decisions may be referred to as an operator or manager.
Nude model studio.
Any place where a person who appears semi-nude, or 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:
(1) 
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;
(2) 
Where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and
(3) 
Where no more than one (1) nude or semi-nude model is on the premises at any one time.
Nude, nudity or a state of nudity.
The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, or the showing of the covered male genitals in a discernibly turgid state.
Person.
An individual, proprietorship, partnership, corporation, association, or other legal entity.
Primary business.
A commercial establishment may have other primary business purposes that do not involve the offering for sale or rental of material depicting or describing “specified sexual activities” or “specified anatomical areas” and still be categorized as an adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one (1) of its primary business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. For the purpose of this article, a primary business purpose is one which would generate at least ten (10) percent of the gross revenue of the commercial enterprise from sexually oriented business activities.
Public building.
A building used by federal, state, or local government that is open to the general public.
Public park.
A publicly owned or leased tract of land, whether situated in the city or not, designated, dedicated, controlled, maintained and operated for use by the general public for active or passive recreational or leisure purposes by the city or any political subdivision of the state and containing improvements, pathways, access or facilities intended for public recreational use. The term “public park” shall not include parkways, public roads, rights-of-way, esplanades, traffic circles, easements or traffic triangles unless such tracts or areas contain and provide improvements or access to a recreational or leisure use by the public.
School.
A building, whether situated within the city or not, where persons regularly assemble for the purpose of instruction or education, together with the playgrounds, stadia and other structures or grounds used in conjunction therewith. The term is limited to:
(1) 
Public and private schools used for primary or secondary education, in which any regular kindergarten or grades 1 through 12 classes are taught; and
(2) 
Special educational facilities in which students who have physical or learning disabilities receive specialized education in lieu of attending regular classes in kindergarten or any of grades 1 through 12.
Semi-nude or in a semi-nude condition.
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 areola is not exposed in whole or in part.
Sexual encounter center.
A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
(1) 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) 
Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
Sexually oriented business.
An adult arcade, adult mini-theater, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center, or other commercial enterprise, including parking lots and other areas used in the operation of the sexually oriented business, where one of the primary businesses 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.
Sign.
Any display, design, pictorial, or other representation, which shall be so constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever so that the same is visible from the outside of a sexually oriented business and that is sited to seek the attraction of the public to any goods, services, or merchandise available at such sexually oriented business, specifically including signs not located on the premises of the sexually oriented business. The term “sign” shall also include such representations painted on or otherwise affixed to any exterior portion of a sexually oriented business as well as such representations painted on or otherwise affixed to any part of the property upon which such a sexually oriented business is situated.
Specific anatomical areas.
(1) 
The human male genitals in a discernibly turgid state, even if completely and opaquely covered;
(2) 
Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola; or
(3) 
Any combination of the foregoing.
Specified criminal activity.
Any of the following offenses:
(1) 
Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution, or display of harmful material to a minor, sexual performance by a child, or possession of child pornography as described in chapter 43 or successor statutes of the Texas Penal Code;
(2) 
Public lewdness, indecent exposure, or indecency with a child as described in chapter 21 or successor statutes of the Texas Penal Code;
(3) 
Sexual assault or aggravated sexual assault as described in chapter 22 or successor statutes of the Texas Penal Code;
(4) 
Incest, solicitation of a child or harboring a runaway child as described in chapter 25 or successor statutes of the Texas Penal Code;
(5) 
Gambling, gambling promotion, keeping a gambling place, communicating gambling information, possession of gambling devices or equipment, or possession of gambling paraphernalia as described in chapter 47 or successor statutes of the Texas Penal Code;
(6) 
Forgery, credit card abuse or commercial bribery as described in chapter 32 or bribery as described in chapter 36 or successor statutes of the Texas Penal Code;
(7) 
A criminal offense described in chapter 481, subchapter D, or chapter 483, subchapter C, or successor statutes of the Health and Safety Code;
(8) 
A criminal offense as described in chapter 34 or successor statutes of the Texas Penal Code;
(9) 
A criminal offense defined in the Texas Alcoholic Beverage Code which occurred at any time in the scope of employment at a sexually oriented business or any offense involving the use of alcohol except minor in possession and public intoxication convictions which do not exceed one (1) within a three-year period;
(10) 
Any misdemeanor or felony offense associated with or related to the operation of a sexually oriented business or conduct by the holder of a sexually oriented business employee license in the scope of employment at a sexually oriented business;
(11) 
Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses; or any other offense in another state or under federal statutes that, if committed in this state, would have been punishable as one or more of the aforementioned offenses; or
(12) 
A violation of the provisions of this article.
Specified sexual activities.
Any of the following:
(1) 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, whether clothed or nude;
(2) 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy;
(3) 
Excretory functions as part of or in connection with any of the activities set forth in subsections (1) and (2) above; or
(4) 
Any combination of the foregoing.
Transfer of ownership or control of a sexually oriented business.
Any of the following:
(1) 
The sale, lease, or sublease of the business;
(2) 
The transfer of a controlling interest in the business, whether by sale, exchange, receivership, bankruptcy, or similar means; or
(3) 
The establishment of a trust, gift or other similar legal device which transfers the 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 00-10, sec. 1, adopted 1/25/00; 1978 Code, sec. 7-82; Ordinance 07-019, sec. 4, adopted 3/6/07)
No sexually oriented business shall prohibit entry to the licensed premises based on race, sex, religion or national origin.
(Ordinance 00-10, sec. 1, adopted 1/25/00; 1978 Code, sec. 7-98)
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of this article is subject to a suit for any injunction as well as prosecution for criminal violations.
(Ordinance 00-10, sec. 1, adopted 1/25/00; 1978 Code, sec. 7-99)
(a) 
The intentional, knowing, or reckless violation of any provision of this article, including the doing of anything which is herein prohibited or declared to be unlawful or the failure to do anything or perform any duty which is required herein, shall be punishable as provided by section 243.010(b) of the Local Government Code or any successor statute. Each day that any violation shall continue shall constitute and be punishable as provided by section 243.010(b) of the Local Government Code. Each day that any violation shall continue shall constitute and be punishable as a separate offense.
(b) 
The revocation or suspension of any permit shall not prohibit the imposition of a criminal penalty, and the imposition of a criminal penalty shall not prevent the revocation or suspension of a permit.
(Ordinance 00-10, sec. 1, adopted 1/25/00; 1978 Code, sec. 7-100)
(a) 
Any notice required to be given by the city or any agent/employee of the city under these regulations to any application or sexually oriented business applicant, licensee, operator or employee may be given by personal delivery or by United States mail, postage prepaid, addressed to the most recent address as specified in the application for the sexually oriented business or sexually oriented business employee application or the most recent notice of address change.
(b) 
Mailed notice shall be deemed served three (3) days after deposit in the United States mail.
(c) 
In the event that notice given by mail is returned by the postal service as undeliverable, it shall be presumed that the sexually oriented business or employee did not comply with the affirmative duty to notify the city clerk and police chief of any change of address, unless the sexually oriented business or employee can show there was error on the part of the post office, and:
(1) 
In the case of notice in connection with a sexually oriented business, the police chief may have the notice posted at the entrance to the sexually oriented business; or
(2) 
In the case of notice in connection with a sexually oriented business employee license, the police chief shall suspend the sexually oriented business employee license until the applicant/holder contacts the city clerk and police chief with a current address. A licensee that conducts business or acts as an employee under a suspended license pursuant to this section shall be in violation each and every day that she/he conducts business in the city.
(d) 
When notice is required to the city, city clerk, or police chief, such notice may be delivered and provided in person or by certified mail.
(Ordinance 00-10, sec. 1, adopted 1/25/00; 1978 Code, sec. 7-101)
(a) 
A sexually oriented business has the duty to keep the following information on file on-site for each person employed at the sexually oriented business:
(1) 
The full legal name, professional or performing names and any other names used by the employee;
(2) 
A photocopy of the employee’s valid driver’s license or state department of public safety identification card and their sexually oriented business employee license;
(3) 
The current address and telephone number of the employee;
(4) 
Employee’s height, weight, eye color and natural hair color;
(5) 
A photograph of the employee taken within one (1) month immediately preceding the date of employment and updated every year; and
(6) 
A description of the capacity in which the employee is employed.
(b) 
The sexually oriented business has the duty to maintain and make available these records for inspection by the police, city attorney, or their designees. The city attorney shall prepare and the city clerk shall provide a standard format for these records. These records shall include a time record reflecting the times and dates each employee worked. Time records shall be available for inspection by the police, city attorney, or their designees on-site during the hours of operation of the sexually oriented business for thirty (30) days. These records shall be retained for at least a period of two (2) years from creation. Upon written request, the sexually oriented business has a duty to provide a copy of the records to the police, the city clerk, the city attorney or the city manager within seven (7) business days of the request.
(c) 
Any employee who provides false information to any sexually oriented business pursuant to this section violates these regulations.
(Ordinance 00-10, sec. 1, adopted 1/25/00; 1978 Code, sec. 7-102)
(a) 
Notwithstanding section 28.04.003 of the Code of Ordinances or any other city ordinance, code or regulation to the contrary, it shall be unlawful for the licensee or operator of any sexually oriented business or any other person to erect, construct, or maintain any sign for the sexually oriented business other than one (1) primary sign and one (1) secondary sign, as provided herein.
(b) 
Primary signs shall have no more than two (2) display surfaces. Each such display surface shall:
(1) 
Not contain any flashing lights;
(2) 
Be a flat plane, rectangular in shape;
(3) 
Not exceed fifty (50) square feet in area; and
(4) 
Not exceed ten (10) feet in height or ten (10) feet in length.
(c) 
Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations of any manner, and may contain only:
(1) 
The name of the sexually oriented business; and/or
(2) 
One (1) or more of the following phrases:
(A) 
“Adult bookstore”;
(B) 
“Adult motion picture theater”;
(C) 
“Adult video store”;
(D) 
“Adult cabaret”;
(E) 
“Adult motel”;
(F) 
“Adult novelty store”;
(G) 
“Adult theater”;
(H) 
“Adult arcade”;
(I) 
“Adult mini-theater”;
(J) 
“Nude model studio”;
(K) 
“Sexual encounter center”; or
(L) 
“Gentlemen’s club”.
(3) 
Primary signs for adult motion picture theaters may contain the additional phrase, “Movie Titles Posted on Premises.”
(d) 
Each letter forming a word on a primary sign shall be of a solid color, and each such letter shall be the same print-type, size and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color.
(e) 
Secondary signs shall have only one (1) display surface. Such display surface shall:
(1) 
Be a flat plane, rectangular in shape;
(2) 
Not exceed twenty (20) square feet in area;
(3) 
Not exceed five (5) feet in height and four (4) feet in width; and
(4) 
Be affixed or attached to any wall or door of the sexually oriented business.
(f) 
The provisions of subsection (b)(1) and subsections (c) and (d) shall also apply to secondary signs.
(g) 
Any sign located on the premises of a commercial multi-unit center containing a sexually oriented business that displays the name, or any portion of the name, of the sexually oriented business, or any name under which any sexually oriented business was formerly operated on the premises, or that contains any of the terms set forth in subsection (c)(2) or any other terminology that is commonly used to identify or is associated with the presence of a sexually oriented business, shall comply with all restrictions of this section. The intent of this subsection is to prevent the use of signage identifying the commercial multi-tenant center itself from being used as a subterfuge to evade the restrictions on sexually oriented business signs set forth in this section.
(h) 
The signage requirements and restrictions set forth in this section shall not apply to fixed and permanent signs in place at licensed sexually oriented businesses on the date this ordinance is adopted. If a sign is destroyed, it may be replaced. Any new signs or modifications of signs in place on the date this ordinance is adopted shall meet the requirements of this section.
(Ordinance 00-10, sec. 1, adopted 1/25/00; 1978 Code, sec. 7-103)
(a) 
The following shall be unlawful at a sexually oriented business:
(1) 
For any person to be nude in premises licensed hereunder, unless performing in accordance with subsection (5) below. Private rooms at adult motels, public restrooms, and employees’ designated dressing rooms that are not visible or accessible to patrons are excepted from this prohibition;
(2) 
For any employee, licensee, operator, or manager to allow any patron to be in a state of nudity or a semi-nude condition at a premises licensed hereunder;
(3) 
For any person to counterfeit, forge, change, deface, duplicate or alter a license issued hereunder;
(4) 
For any person to offer or accept any gratuity at a sexually oriented business unless it is done pursuant to this subsection; specifically, gratuities being offered to any person performing nude or semi-nude must be placed in a receptacle provided for receipt of gratuities or delivered hand-to-hand. If the gratuity is delivered hand-to-hand, the entertainer and the customer may not touch and the hand of each shall be extended at least one (1) foot from their torsos. A receptacle may not be located on any person or their clothing;
(5) 
For any person performing nude at an enterprise to do so less than six (6) feet from the nearest patron and on a stage less than eighteen (18) inches above floor level;
(6) 
For the licensee or operator of premises licensed hereunder to allow any location within the sexually oriented business to be used for the purpose of nude live exhibitions unless it is marked with clear indications of the six-foot zone. The absence of this demarcation will create a presumption that there have been violations of these regulations during performances in unmarked areas;
(7) 
For any person to possess or consume any alcoholic beverage on the premises licensed hereunder unless such possession and/or consumption is authorized by a permit or license issued pursuant to the Texas Alcoholic Beverage Code;
(8) 
For the intensity of illumination at every place that patrons are permitted access to be less than three (3) footcandles as measured at three (3) feet above floor level;
(9) 
For any touching or contact to occur between an entertainer and a customer while engaging in entertainment or while exposing any specified anatomical areas or engaging in any specified sexual activities. It shall be unlawful for any entertainer or customer to knowingly or recklessly cause any contact between such entertainer or customer;
(10) 
For a sexually oriented business licensee to fail to post and maintain a sign at each entrance to said business, with a white background and block letters of at least one (1) inch in height stating the provisions of subsection (9) of this section;
(11) 
For any entertainer or customer to be within one (1) foot of each other while the entertainer is engaging in entertainment or while exposing any specified anatomical areas or engaging in any specified sexual activities, except for providing gratuities in accordance with subsection (a)(4) above;
(12) 
For any employee to engage in entertainment or to expose any specified anatomical areas or engage in any specified sexual activities in the presence of a customer in any separate area within a sexually oriented business to which viewing entry or access is blocked or obscured by any door, curtain or other barrier separating entry to or viewing of such area from any other area of the sexually oriented business;
(13) 
For the licensee, operator, or any agent or employee present in an adult arcade or adult mini-theater to knowingly or recklessly allow or permit any act of sexual intercourse, sodomy, oral copulation, indecent exposure, lewd conduct or masturbation to occur in the adult arcade or adult mini-theater or to knowingly or recklessly allow or permit the adult arcade or adult mini-theater to be used as a place in which solicitation for sexual intercourse, sodomy, oral copulation, lewd conduct or masturbation occur;
(14) 
For any licensee, operator, or manager in any sexually oriented business to permit any employee to provide any entertainment to any customer in any separate area within a sexually oriented business to which viewing entry or access is blocked or obscured by any door, curtain or other barrier, regardless of whether entry to such separate area is by invitation, admission fee, club membership fee or any form of gratuity or consideration;
(15) 
For any licensee, operator or manager of a sexually oriented business to fail or refuse to grant immediate access by any police officer, city fire department official or health officer to any portion of the premises of the sexually oriented business, upon request, for purpose of inspection of such premises for compliance with this article, or any other applicable law;
(16) 
For any licensee, operator or manager of a sexually oriented business to fail to ensure that at least one on-site manager for each manager station is on duty on the premises at all times during which the sexually oriented business is open for business or during which customers are on the premises, except in the instance of adult cabarets as provided in section 6.04.092(a)(15);
(17) 
For any licensee, operator or manager of a sexually oriented business to fail to ensure that all persons acting as managers or employees on the premises hold licenses under section 6.04.051 of this article, that entertainers comply with this section 6.04.009, and that managers have their employee license on their person at all times and conspicuously display identification as a manager; or
(18) 
For any licensee, operator or manager to fail to maintain a complete list of all persons, including names and addresses, who both conduct any business on the premises and are required to obtain a license under section 6.04.051 of this article.
(b) 
A person commits a misdemeanor if the person intentionally, knowingly or recklessly violates any of the provisions of this section.
(Ordinance 00-10, sec. 1, adopted 1/25/00; 1978 Code, sec. 7-96)
No sexually oriented business, except for an adult motel or escort services, may remain open at any time between the hours of 2:00 a.m. and 8:00 a.m. on weekdays and Saturdays, and 2:00 a.m. and 3:00 p.m. on Sundays.
(Ordinance 00-10, sec. 1, adopted 1/25/00; 1978 Code, sec. 7-97)
(a) 
A person commits a misdemeanor if the person intentionally, knowingly, recklessly or negligently allows a customer under the age of eighteen (18) years on the premises of a sexually oriented business during the hours of operation.
(b) 
It shall be the duty of the licensee and operator of each sexually oriented business to ensure that an attendant is stationed at each public entrance to the sexually oriented business at all times during such sexually oriented business’ regular business hours. It shall be the duty of the attendant to not allow any customer under the age of eighteen (18) years to enter the sexually oriented business. It shall be presumed that an attendant knew a customer was under the age of eighteen (18) unless such attendant asked for and was furnished:
(1) 
A valid operator’s, commercial operator’s, or chauffeur’s drivers license;
(2) 
A valid personal identification certificate issued by the state department of public safety reflecting that such person is eighteen (18) years of age or older; or
(3) 
Identification card issued by the state, the military or the United States or a foreign country.
(Ordinance 00-10, sec. 1, adopted 1/25/00; 1978 Code, sec. 7-95; Ordinance 09-049, sec. 12, adopted 9/8/09)