The words and terms used in this article that are not defined
herein shall have the meanings commonly ascribed to them. Words used
in the present tense include the future tense. Words in the singular
number include the plural number and words in the plural number include
the singular number. The word “he” shall be defined to
include the word “she.”
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still or motion picture machines, projectors
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 the depiction or
description of specified sexual activities or specified anatomical
areas.
A commercial establishment which, as one (1) of its principal
business 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, DVDs,
slides or other visual representations, or any combination thereof,
which depict or describe specified sexual activities or specified
anatomical areas.
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities. This does not
include items used for birth control or for prevention of sexually
transmitted diseases.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features the following:
A hotel, motel or similar commercial establishment which
does the following:
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 subrent the
room for a period of time that is less than ten hours.
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Evidence that a sleeping room in a hotel, motel or 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 business is an adult motel.
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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.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
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.
Any person who meets one or more of the following conditionns:
Is allowed to enter a sexually oriented business in return for
the payment of an admission fee or any other form of consideration
or gratuity.
Enters a sexually oriented business and purchases, rents or
otherwise partakes of any merchandise, goods, entertainment or other
services offered therein.
Is a member of and on the premises of a sexually oriented business
operating as a private club.
Any person who renders any service whatsoever to the customers
of a sexually oriented business or who works in or about a sexually
oriented business and who receives compensation for the service or
work from the operator or owner of the sexually oriented business
or from the customers therein. The term “employee” does
not include an independent contractor on the premises solely for repair
or maintenance of the premises or equipment, or for delivery of goods
to the premises.
A person who, for consideration, agrees or offers to act
as a companion or date for another person, or who agrees or offers
to privately model lingerie or to privately perform a striptease for
another person.
A person or business association who, as one of its principal
business purposes, furnishes, offers to furnish or advertises to furnish
escorts for a fee, tip or other consideration.
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 six children under 14 years
of age, where the children are not related by blood, marriage or adoption
to the owner or operator of the facility, for less than 24 hours a
day, regardless of whether or not the facility is operated for a profit
or charges for the services it offers.
A person in whose name a license to operate a sexually oriented
business has been issued, as well as any and all individuals listed
as applicants on the application for a license.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided or allowed to be
observed, sketched, drawn, painted, sculptured, photographed or similarly
depicted by other persons who pay money or any form of consideration.
Less than completely and opaquely covered:
Human genitals, pubic region, or pubic hair;
All portions of a female breast below a point immediately above
the top of the areola continuing downward to the lowest portion of
the breast;
Human buttock, anus, or anal cleft or cleavage; or
Any combination of the above.
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This term also includes human male genitals in a discernible
turgid state even if completely and opaquely covered.
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To cause to function or to put or keep in operation. A person
may be found to be operating or causing to be operated a sexually
oriented business whether or not that person is an owner, part owner,
licensee or manager of the establishment.
An individual who is in control of the operations of a sexually
oriented business, including, but not limited to, a person designated
by the licensee as required under this article. This control can be
either on an hourly basis, daily basis, weekly basis, or shift basis,
or any combination thereof. An operator includes, but is not limited
to, manager, assistant manager, house mother, floor manager, or shift
manager.
An individual, firm, association, organization, partnership,
trust, foundation, company, corporation or other legal entity.
Over 25% of customers, volume of sales, stock in trade, display
areas or presentation time devoted to or generated from material depicting
or describing specified sexual activities or specified anatomical
areas. 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.
Featuring, promoting or advertising a happening or occurrence
on a recurring basis.
A residentially zoned district as defined in the zoning ordinance
of the city.
A single-family home, townhouse, duplex, mobile home, manufactured
home or multiple-family use as defined in the zoning ordinance of
the city.
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration the following:
Includes the following: any establishment, including but not
limited to an adult arcade, adult bookstore, adult novelty store,
adult video store, adult cabaret, adult motel, adult theater, adult
motion picture theater, escort agency, nude model business or sexual
encounter center, whose principal business 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
its customers, and which is distinguished by or characterized by an
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas, or whose employees
or customers appear in a state of nudity.
The term “sexually oriented business” shall not
be construed to include the following:
Any business operated by or employing licensed psychologists,
licensed physical therapists, registered nurses or licensed athletic
trainers.
Any business operated by or employing licensed physicians or
licensed chiropractors engaged in practicing the healing arts.
Any activity conducted or sponsored by any state independent
school district, licensed or accredited private school or public or
private college or university.
A state of dress in which any device or covering is worn
and exposed to view that simulates any part of the genitals, buttocks,
anus, pubic region, or areola of the female breast.
Human genitals, pubic region, buttocks and female breast
below a point immediately above the top of the areola.
Includes any of the following:
The fondling or other erotic touching of human genitals, pubic
region, pubic hair, perineum, buttocks, anus or female breasts.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, sodomy or bestiality.
Masturbation, actual or simulated.
Excretory functions.
(Ordinance 08-25 adopted 4/1/08; 2001 Code, sec. 4.801)
Any person, firm, corporation, agent or employee thereof who
violates any of the provisions of this article shall be guilty of
a misdemeanor, and upon conviction thereof shall be fined an amount
not to exceed $2,000.00 for each offense affecting zoning, fire safety
or public health and sanitation, and five hundred dollars ($500.00)
for all other offenses. Each day that a violation is permitted to
exist shall constitute a separate offense.
(Ordinance 08-25 adopted 4/1/08; 2001 Code, sec. 4.815)
(a)
A
sexually oriented business shall be located within a specific zoning
district as set forth in the zoning ordinance of the city.
(b)
A
person commits an offense if he establishes, operates or causes to
be operated or expanded a sexually oriented business within 1,500
feet of the following:
(c)
A
person commits an offense if he establishes, operates or causes to
be operated or expanded a sexually oriented business within 1,500
feet of any other sexually oriented business.
(d)
A
person commits an offense if he establishes, operates or causes to
be operated or expanded a sexually oriented business in any building,
structure or portion thereof containing another sexually oriented
business.
(e)
For the purposes of subsection (b) of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as tenant space occupied for a sexually oriented business to the nearest property line of the premises of a church, public or private elementary school or secondary school or college or university, licensed day care center, public library, residential district, or residential use, or to the nearest boundary of an affected public park.
(f)
For purposes of subsection (c) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located or from the wall of the tenant space occupied, as applicable.
(Ordinance 08-25 adopted 4/1/08; 2001 Code, sec. 4.802)
(a)
Any sexually oriented business lawfully operating prior to the effective date of this article that is in violation of section 4.07.003 above shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed three years from the effective date of this article, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. The nonconforming use 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 1,500 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use, and the later-established business(es) is nonconforming.
(b)
Notwithstanding
anything contained herein to the contrary, the city council may extend
the amortization period herein provided to a reasonable period of
time for any nonconforming sexually oriented business upon a showing
by a particular business that without an extension it will be unable
to recoup its investment in the nonconforming structure.
(1)
Any nonconforming sexually oriented business which desires an extension
must register with the city council as a nonconforming use no later
than December 31, 2008. Any nonconforming sexually oriented business
which desires an extension of the amortization period must file an
application for an extension of the amortization period not later
than December 1, 2010. Requests for an extension of the amortization
period shall be limited to one application with the city council.
(c)
A
sexually oriented business lawfully operating as a conforming use
after the effective date of this article is not rendered a nonconforming
use by the location, subsequent to the commencement of operation of
the sexually oriented business, of a church, public or private elementary
or secondary school, public park, licensed day care center, public
library, residential use or residential zoning district, or another
sexually oriented business within 1,500 feet of the sexually oriented
business.
(Ordinance 08-25 adopted 4/1/08; 2001 Code, sec. 4.803)
(a)
The zoning board of adjustment shall serve as a location appeal board, and shall have the power to rule on the appropriate disposition of applications for exemptions from the location restrictions for sexually oriented businesses set forth section 4.07.003 of this article. The location appeal board shall follow the rules and procedures set forth in this section.
(b)
If the city manager denies the issuance of a license to an applicant because the location of the sexually oriented business is in violation of section 4.07.003, then the applicant may, not later than ten (10) calendar days after receiving notice of the denial, file with the city secretary a written request for an exemption from the location restrictions.
(c)
If
the written request is filed with the city secretary within the 10-day
limit, the location appeal board shall consider the request. The city
secretary shall set a date for the hearing within sixty (60) days
from the date the written request is received.
(d)
A
hearing by the board may proceed only if five (5) of the board members
or alternates are present. The board shall hear and consider evidence
offered by any interested person. The formal rules of evidence do
not apply.
(e)
The location appeal board may grant an exemption from the location restrictions of section 4.07.003 of this article if it makes the following findings:
(1)
That the location of the sexually oriented business will not have
a detrimental effect on nearby properties or be contrary to the public
safety or welfare;
(2)
That the location of the sexually oriented business will not downgrade
the property values or quality of life in the adjacent areas or encourage
the development of urban blight;
(3)
That the location of the sexually oriented business in the area will
not be contrary to any program of neighborhood conservation nor will
it interfere with any efforts of urban renewal or restoration; and
(4)
That all other applicable provisions of this article will be observed.
(f)
In
making the findings specified above, the board shall take into account,
among other things:
(1)
Crime statistics of the location and its one thousand five hundred
(1,500) foot radius, without regard to city boundaries, maintained
by the appropriate law enforcement agency for the previous six-month
period;
(2)
County appraisal district appraisals for the location and its one
thousand five hundred (1,500) foot radius, without regard to city
boundaries, taking into account any decline or increase in property
values;
(3)
Vacancy rates of residential, commercial, or office space within
the surrounding one thousand five hundred (1,500) foot radius, without
regard to city boundaries; and
(4)
Any evidence regarding the award or denial of any public or private
grants for neighborhood conservation, urban renewal, or restoration
for any property located within a one thousand five hundred (1,500)
foot radius, without regard to city boundaries.
(g)
The
board shall grant or deny the exemption by a majority vote. Failure
to reach a majority vote approving the exemption shall result in denial
of the exemption. Disputes of fact shall be decided on the basis of
a preponderance of the evidence. The decision of the location appeal
board is final.
(h)
If the board grants the exemption, the exemption is valid for one (1) year from the date of the board’s action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of section 4.07.003 until the applicant applies for and receives another exemption.
(i)
If
the board denies the exemption, the applicant may not reapply for
an exemption until at least twelve (12) months have elapsed since
the date of the board’s action.
(j)
The
grant of an exemption does not exempt the applicant from any provisions
of this article other than the locational restrictions.
(Ordinance 08-25 adopted 4/1/08; 2001 Code, sec. 4.814; Ordinance adopting 2017 Code)
(a)
It
is a defense to prosecution under this article that a person appearing
in a state of nudity did so in a structure which meets the following
conditions:
(1)
Which has no sign or other advertising visible from the exterior
of the structure indicating a nude person is available for viewing;
(2)
Where, in order to participate in a class, a student must enroll
at least three days in advance of the class; and
(3)
Where no more than one nude model is on the premises at any one time.
(b)
It
is a defense to prosecution under this article that the item of descriptive,
printed, film or video material offered for sale or rental, taken
as a whole, contains serious literary, artistic, political or scientific
value, and, when taken as a whole, does not appeal to the prurient
interest in sex.
(Ordinance 08-25 adopted 4/1/08; 2001 Code, sec. 4.804)
(a)
An
employee of an adult cabaret, while appearing in a state of nudity,
commits an offense if he touches a customer or the clothing of a customer.
(b)
A
customer at an adult cabaret commits an offense if the customer touches
an employee appearing in a state of nudity or the clothing of an employee
appearing in a state of nudity.
(c)
Each
adult cabaret shall have a manager’s station, which shall not
exceed thirty-two (32) square feet of floor area. A licensee, operator
or employee commits an offense if the licensee, operator or employee
permits any customer access to an area of the premises not visible
from the manager’s station by entering a private, exclusive,
closed, curtained, or otherwise screened area, excluding restrooms.
The view required in this subsection shall be by direct line of sight.
The view shall be deemed insufficient if clear visibility of such
line of sight must be attained by utilizing flashlights or spotlights
in addition to overhead house lighting.
(d)
A
licensee, operator or employee commits an offense if the licensee,
operator or employee appears in a state of nudity or knowingly allows
another person to appear in a state of nudity in an area of the adult
cabaret premises that can be viewed from a public right-of-way.
(e)
A
person commits an offense if the person employs at an adult cabaret
any person under the age of 18 years.
(f)
An
employee of an adult cabaret must attend training given by the licensee
concerning the requirements of this article as they pertain to adult
cabarets before the employee receives any compensation for the employee’s
services. The licensee shall provide this training to all employees
at the beginning of the employment before the employee receives any
compensation for services, and at least once a year thereafter. The
licensee shall maintain written records of the training provided to
each employee pursuant to this section. These records shall include
a signed and dated statement from each employee verifying the employee’s
attendance at and participation in training provided by the licensee
identifying the date on which the training was provided and the specific
topics discussed.
(g)
A
licensee shall designate and appoint one or more individuals to manage,
direct and control the premises and operations of the adult cabaret.
At least one person so appointed shall be on the premises at any time
the adult cabaret is occupied by a customer(s) or open for business.
A manager or a person appointed under this section shall have the
duty to remain in the manager’s station at all times the adult
cabaret is occupied by a customer(s).
(h)
An operator or a person appointed under subsection (g) above shall at all times have the duty to ensure that each employee in the adult cabaret has received the training required by subsection (f) above and each employee is instructed to commit no act which would constitute a violation of this article or which would provide grounds, or part of the grounds, for suspension or revocation of a license issued under this article.
(i)
No
employee of an adult cabaret may appear in an area of the business
visible to customers unless the employee completely and opaquely covers
his or her genitals, pubic region, pubic hair, and anus, and, if female,
her areola.
(j)
No licensee, owner, operator, or manager of an adult cabaret shall permit an employee to violate subsection (i).
(k)
A
licensee, operator, or employee commits an offense if the licensee,
operator, or employee appears in a state of nudity or knowingly allows
another to appear in a state of nudity, in an adult cabaret, unless
the person is an employee who, while in a state of nudity, is on a
stage (on which no patron or customer is present) that is at least
eighteen (18) inches above the floor, and that is at least six (6)
feet from any customer.
(l)
It
is an offense for an employee, while in a state of nudity in an adult
cabaret, to solicit any pay or gratuity from any customer or to receive
directly any pay or gratuity from any customer, or for any customer
to pay or give any gratuity directly to any employee, while that employee
is in a state of nudity in an adult cabaret. Such gratuity or pay
may be provided to such an employee through a tip receptacle, located
more than (6) feet from the nearest point of the performance stage
where the employee is in a state of nudity, or may be paid to an employee
that is not in a state of nudity, as part of the customer’s
bill.
(m)
A
licensee or operator commits an offense if the licensee or operator
fails to display a sign on the interior of the premises notifying
customers and employees of the prohibitions described in this section.
The sign must be prominently and continuously displayed where customers
enter the premises, and immediately adjacent to each performance stage,
and must state in letters at least two inches high:
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TOUCHING OR TIPPING AN EMPLOYEE WHO IS IN A STATE
OF NUDITY IS A CRIME (MISDEMEANOR) PUNISHABLE BY A FINE OF UP TO $500.
CUSTOMERS SHALL REMAIN AT LEAST SIX FEET FROM ALL PERFORMANCE STAGES.
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The city manager may also require, at the time of issuance
or renewal of the license, the licensee to display the sign in a language
other than English if he determines that a substantial portion of
the expected customers speak the other language as their familiar
language. Upon notification, a licensee commits an offense if the
sign does not contain this language in the required language, in addition
to English.
(n)
A licensee or operator commits an offense if the licensee or operator fails to prominently and continuously display a glow-in-the-dark line on the floor of the adult cabaret, at least two (2) inches wide, marking a distance of six feet from each performance stage on which an employee in a state of nudity may appear in accordance with subsections (k) and (l).
(o)
An
adult cabaret shall also comply with all other applicable requirements
in this article.
(Ordinance 08-25 adopted 4/1/08; 2001 Code, sec. 4.805; Ordinance adopting 2017 Code)
(a)
A
person commits an offense if he employs at an escort agency any person
under the age of 18 years.
(b)
A
person commits an offense if he acts as an escort or agrees to act
as an escort for any person under the age of 18 years.
(c)
An
employee of an escort agency must attend training given by the licensee
concerning the requirements of this article as they pertain to escort
agencies before the employee receives any compensation for the employee’s
services. The licensee shall provide this training to all employees
at the beginning of the employment before the employee receives any
compensation for services, and at least once a year thereafter. The
licensee shall maintain written records of the training provided to
each employee pursuant to this section. These records shall include
a signed and dated statement from each employee verifying the employee’s
attendance at and participation in training provided by the licensee
identifying the date on which the training was provided and the specific
topics discussed.
(d)
A
licensee shall designate and appoint one or more individuals to manage,
direct and control the premises and operations of the escort agency.
At least one person so appointed shall be on the premises at any time
the escort agency is open.
(e)
An operator or a person appointed under subsection (d) above shall at all times have the duty to ensure that each employee in the escort agency has received the training required by subsection (c) above and each employee is instructed to commit no act which would constitute a violation of this article or which would provide grounds, or part of the grounds, for suspension or revocation of a license issued under this article.
(f)
An
escort agency shall also comply with all other applicable requirements
in this article.
(Ordinance 08-25 adopted 4/1/08; 2001 Code, sec. 4.806)
(a)
A
person commits an offense if he employs at a nude model business any
person under the age of 18 years.
(b)
A
person under the age of 18 years commits an offense if he appears
in or on the premises of a nude model business.
(c)
A
person commits an offense if he appears in a state of nudity or knowingly
allows another to appear in a state of nudity in an area of a nude
model business premises which can be viewed from the public right-
of-way.
(d)
A
person commits an offense if he places or permits a bed, sofa or mattress
in any room on the premises of a nude model business, except that
a sofa may be placed in a reception room open to the public.
(e)
Each
nude model business shall have a manager’s station, which shall
not exceed thirty-two (32) square feet of floor area. A licensee,
operator or employee commits an offense if the licensee, operator
or employee permits any customer access to an area of the premises
not visible from the manager’s station by entering a private,
exclusive, closed, curtained or otherwise screened area, excluding
restrooms. The view required in this subsection shall be by direct
line of sight. The view shall be deemed insufficient if clear visibility
of such line of sight must be attained by utilizing flashlights or
spotlights in addition to overhead house lighting.
(f)
An
employee of a nude model business, while appearing in a state of nudity,
commits an offense if the employee touches a customer or the clothing
of a customer.
(g)
A
customer at a nude model business commits an offense if the customer
touches an employee or the clothing of an employee while the employee
is appearing in a state of nudity.
(h)
An
employee of a nude model business commits an offense if that employee
allows, asks, directs, or suggests that a customer disrobe to a state
of nudity.
(i)
An
employee of a nude model business must attend training given by the
licensee concerning the requirements of this article as they pertain
to nude model businesses before the employee receives any compensation
for the employee’s services. The licensee shall provide this
training to all employees at the beginning of the employment before
the employee receives any compensation for services, and at least
once a year thereafter. The licensee shall maintain written records
of the training provided to each employee pursuant to this section.
These records shall include a signed and dated statement from each
employee verifying the employee’s attendance at and participation
in training provided by the licensee identifying the date on which
the training was provided and the specific topics discussed.
(j)
A
licensee shall designate and appoint one or more individuals to manage,
direct and control the premises and operations of the nude model business.
At least one person so appointed shall be on the premises at any time
the nude model business is occupied by a customer(s) or open for business.
A manager or a person appointed under this section shall have the
duty to remain in the manager’s station at all times the nude
model business is occupied by a customer(s).
(k)
An operator or a person appointed under subsection (j) above shall at all times have the duty to ensure that each employee in the nude model business has received the training required by subsection (i) above and each employee is instructed to commit no act which would constitute a violation of this article or which would provide grounds, or part of the grounds, for suspension or revocation of a license issued under this article.
(l)
A
licensee, operator, or employee commits an offense if the licensee,
operator, or employee appears in a state of nudity or knowingly allows
another to appear in a state of nudity in the nude model business,
unless the person is an employee who, while in a state of nudity,
is on a stage (on which no patron or customer is present) that is
at least eighteen (18) inches above the floor, and that is at least
six (6) feet from any customer.
(m)
It
is an offense for an employee, while in a state of nudity in a nude
model business, to solicit any pay or gratuity from any customer or
to receive directly any pay or gratuity from any customer, or for
any customer to pay or give any gratuity directly to any employee,
while that employee is in a state of nudity. Such gratuity or pay
may be provided to such an employee through a tip receptacle, located
more than (6) feet from the nearest point of the performance stage
where the employee is in a state of nudity, or may be paid to an employee
that is not in a state of nudity, as part of the customer’s
bill.
(n)
A
nude model business shall also comply with all other applicable requirements
in this article.
(Ordinance 08-25 adopted 4/1/08; 2001 Code, sec. 4.807)
(a)
A
person commits an offense if he knowingly allows a person under the
age of 18 years in or on the premises of an adult theater or adult
motion picture theater.
(b)
A
person under the age of 18 years commits an offense if he knowingly
appears in or on the premises of an adult theater or adult motion
picture theater.
(c)
Adult theaters and adult motion picture theaters shall also comply with the requirements of sections 4.07.011, 4.07.044 and 4.07.013 to 4.07.015, except that adult theaters and adult motion picture theaters are not required to comply with section 4.07.014(c) in a viewing room while a film, photograph, picture, videocassette or other video reproduction is being shown. Viewing rooms shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than five footcandles as measured at floor level while a film, photograph, picture, videocassette or other video reproduction is being shown.
(d)
An
employee of an adult theater or adult motion picture theater must
attend training given by the licensee concerning the requirements
of this article as they pertain to adult theaters or adult motion
picture theaters before the employee receives any compensation for
the employee’s services. The licensee shall provide this training
to all employees at the beginning of the employment before the employee
receives any compensation for services, and at least once a year thereafter.
The licensee shall maintain written records of the training provided
to each employee pursuant to this section. These records shall include
a signed and dated statement from each employee verifying the employee’s
attendance at and participation in training provided by the licensee
identifying the date on which the training was provided and the specific
topics discussed.
(e)
Each
adult theater or adult motion picture theater shall have at least
one manager’s station, which shall not exceed thirty-two (32)
square feet of floor area. The interior of the premises shall be configured
to allow an unobstructed view from a manager’s station of the
entire area of the premises to which any patron is permitted access,
excluding the restroom. The view required by this subsection must
be by direct line of sight from the manager’s station. It shall
be the duty of the operator and any agents or employees present in
the premises to ensure that the view remains unobstructed at all times.
It shall also be the duty of the operator and any agents or employees
present in the premises to ensure that no customer is permitted access
to any area of the premises that has not been designated as an area
in which customers will be permitted.
(f)
A
licensee shall designate and appoint one or more individuals to manage,
direct and control the premises and operations of the adult theater
or adult motion picture theater. At least one person so appointed
shall be on the premises at any time the adult theater or adult motion
picture theater is occupied by a customer(s) or open for business.
A manager or a person appointed under this section shall have the
duty to remain in the manager’s station at all times the adult
theater or adult motion picture theater is occupied by a customer(s).
(g)
An operator or a person appointed under subsection (f) above shall at all times have the duty to ensure that each employee in the adult theater or adult motion picture theater has received the training required by subsection (d) above and each employee is instructed to commit no act which would constitute a violation of this article or which would provide grounds, or part of the grounds, for suspension or revocation of a license issued under this article.
(h)
An
adult theater shall also comply with all other applicable requirements
in this article.
(Ordinance 08-25 adopted 4/1/08; 2001 Code, sec. 4.808)
(a)
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, a film, photograph, picture, videocassette or other video reproduction
which depicts specified sexual activities or specified anatomical
areas, shall also comply with the following requirements:
(1)
An application for a sexually oriented business license 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 customers 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 manager 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 the previously submitted
diagram was prepared.
(2)
The application shall be sworn to be true and correct by the applicant.
(3)
No alteration in the configuration or location of a manager’s
station may be made without the prior approval of the city manager.
(4)
An operator or manager shall have a duty to remain in the manager’s
station(s) at all times a customer is present on the premises.
(5)
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 customer is permitted access
for any purpose, excluding restrooms. 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 customer is permitted
access for any purpose from at least one of the manager’s stations.
The view required in this section must be by direct line of sight
from the manager’s station.
(6)
The licensee, operator or employee commits an offense if the licensee,
operator or employee permits any customer access to any area of the
premises that is not visible from the manager’s station for
any purpose, excluding restrooms.
(7)
The licensee, operator and any employees present on the premises shall ensure that the view area specified in subsection (a)(5) above remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials at all times that any customer is present on, in or about the premises, and that no customer is permitted access to any area of the premises which has been designated as an area in which customers will not be permitted in the application filed pursuant to subsection (a)(1) above.
(8)
The licensee commits an offense if the licensee permits illumination
of any area of the premises to which customers have access to be less
than five footcandles as measured at the floor level.
(9)
No viewing room or booth of less than 150 square feet may be occupied
by more than one person at any time.
(10)
No licensee shall allow openings or holes of any kind to exist between
adjacent or adjoining viewing rooms or booths.
(11)
No person shall make or attempt to make an opening or hole of any
kind between adjacent or adjoining viewing rooms or booths.
(12)
The licensee or operator shall, during each business day, regularly
inspect the walls of all viewing rooms or booths to determine if any
openings or holes exist.
(13)
The walls of any viewing room or booth of less than 150 square feet
shall be no more than 48 inches tall. At least one wall of any viewing
room or booth shall be visible in a direct unobstructed line of sight
from the manager’s station. Each wall or door of any viewing
room or booth shall be constructed of clear transparent glass, plastic
or substantially equivalent materials that allow an unobstructed view
of the entire interior of the viewing room or booth.
(14)
Live entertainment is prohibited in any viewing room or booth of
less than 500 square feet of floor space, as well as any other room
adjacent to or visible from any such viewing room or booth.
(15)
The licensee or operator commits an offense if the licensee or operator
knowingly allows a person to appear in a state of nudity in, on or
about the premises of a sexually oriented business, other than an
adult motel, which exhibits on the premises, in a viewing room of
less than 500 square feet of floor space, a film, photograph, picture,
videocassette or other video reproduction which depicts specified
sexual activities or specified anatomical areas.
(16)
A person commits an offense if the person knowingly appears in a
state of nudity in or on the premises of a sexually oriented business,
other than an adult motel, which exhibits on the premises, in a viewing
room of less than 500 square feet of floor space, a film, photograph,
picture, videocassette or other video reproduction which depicts specified
sexual activities or specified anatomical areas.
(c)
An
employee of a sexually oriented business that exhibits sexually explicit
films, photographs, pictures or videos must attend training given
by the licensee concerning the requirements of this article as they
pertain to such a business before the employee receives any compensation
for the employee’s services. The licensee shall provide this
training to all employees at the beginning of the employment before
the employee receives any compensation for services, and at least
once a year thereafter. The licensee shall maintain written records
of the training provided to each employee pursuant to this section.
These records shall include a signed and dated statement from each
employee verifying the employee’s attendance at and participation
in training provided by the licensee identifying the date on which
the training was provided and the specific topics discussed.
(d)
A
licensee shall designate and appoint one or more individuals to manage,
direct and control the premises and operations of the sexually oriented
business as described in this section. At least one person so appointed
shall be on the premises at any time the sexually oriented business
as described in this section is open.
(e)
An operator or a person appointed under subsection (d) above shall at all times have the duty to ensure that each employee in the sexually oriented business as described in this section has received the training required by subsection (c) above and each employee is instructed to commit no act which would constitute a violation of this article or which would provide grounds, or part of the grounds, for suspension or revocation of a license issued under this article.
(Ordinance 08-25 adopted 4/1/08; 2001 Code, sec. 4.809; Ordinance adopting 2017 Code)
(a)
A
person who operates or causes to be operated an adult bookstore, adult
novelty store or adult video store shall comply with the following
requirements:
(1)
An application for a sexually oriented business license 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 customers 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 manager 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 the previously submitted
diagram was prepared.
(2)
The application shall be sworn to be true and correct by the applicant.
(3)
No alteration in the configuration or location of a manager’s
station may be made without the prior approval of the city manager.
(4)
The licensee commits an offense if the licensee permits a manager’s
station to be unattended by an employee at any time a customer is
present on the premises.
(5)
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 customer is permitted access
for any purpose, excluding restrooms. 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 customer is permitted
access for any purpose from at least one of the manager’s stations.
The view required in this section must be by direct line of sight
from the manager’s station. The view shall be deemed insufficient
if clear visibility of such line of sight must be attained by utilizing
flashlights or spotlights in addition to overhead house lighting.
(6)
The licensee, operator or employee commits an offense if the licensee,
operator or employee permits a customer access to any area of the
premises that is not visible from the manager’s station for
any purpose, excluding restrooms.
(7)
The licensee, operator and any employees present on the premises shall ensure that the view area specified in subsection (a)(5) above remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials at all times that any customer is present on, in or about the premises, and that no customer is permitted access to any area of the premises which has been designated as an area in which customers will not be permitted in the application filed pursuant to subsection (a)(1) above.
(8)
No viewing room or reading room may be occupied by more than one
person at any time.
(9)
No licensee shall allow openings or holes of any kind to exist between
adjacent or adjoining viewing rooms, reading rooms or booths.
(10)
No person shall make or attempt to make an opening or hole of any
kind between adjacent or adjoining viewing rooms, reading rooms or
booths.
(11)
The licensee or operator shall, during each business day, regularly
inspect the walls of all viewing rooms, reading rooms or booths to
determine if any openings or holes exist.
(12)
The walls of any viewing room, reading room or booth shall be no
more than 48 inches tall. At least one wall of any viewing room, reading
room or booth shall be visible in a direct unobstructed line of sight
from the manager’s station. Each wall or door of any viewing
room, reading room or booth shall be constructed of clear transparent
glass, plastic or substantially equivalent materials that allow an
unobstructed view of the entire interior of the viewing room, reading
room or booth.
(13)
Live entertainment is prohibited in any viewing room, reading room
or booth as well as any other room adjacent to or visible from any
viewing room, reading room or booth.
(14)
The licensee or operator commits an offense if the licensee or operator
knowingly allows a person to appear in a state of nudity in, on or
about the premises of an adult bookstore, adult novelty store or adult
video store that contains a viewing room or reading room of less than
500 square feet of floor space.
(15)
A person commits an offense if the person knowingly appears in a
state of nudity in, on, or about the premises of an adult bookstore,
adult novelty store or adult video store that contains a viewing room
or reading room of less than 500 square feet of floor space.
(c)
An
employee of an adult bookstore, adult novelty store or adult video
store must attend training given by the licensee concerning the requirements
of this article as they pertain to such a business before the employee
receives any compensation for the employee’s services. The licensee
shall provide this training to all employees at the beginning of the
employment before the employee receives any compensation for services,
and at least once a year thereafter. The licensee shall maintain written
records of the training provided to each employee pursuant to this
section. These records shall include a signed and dated statement
from each employee verifying the employee’s attendance at and
participation in training provided by the licensee identifying the
date on which the training was provided and the specific topics discussed.
(d)
A
licensee shall designate and appoint one or more individuals to manage,
direct and control the premises and operations of the adult bookstore,
adult novelty store or adult video store. At least one person so appointed
shall be on the premises at any time the adult bookstore, adult novelty
store or adult video store is open for business. An operator or manager
shall have a duty to remain in the manager’s station(s) at all
times a customer is present on the premises.
(e)
An operator or a person appointed under subsection (d) above shall at all times have the duty to ensure that each employee in the adult bookstore, adult novelty store or adult video store has received the training required by subsection (c) above and each employee is instructed to commit no act which would constitute a violation of this article or which would provide grounds, or part of the grounds, for suspension or revocation of a license issued under this article.
(f)
An
adult book, novelty and/or video store shall also comply with all
other applicable requirements in this article.
(Ordinance 08-25 adopted 4/1/08; 2001 Code, sec. 4.810; Ordinance adopting 2017 Code)
No sexually oriented business, except for an adult motel, may
remain open at any time between the hours of 12:00 midnight and 8:00
a.m. on weekdays and Saturdays, and 12:00 midnight and 2:00 p.m. on
Sundays.
(Ordinance 08-25 adopted 4/1/08; 2001 Code, sec. 4.811)
(a)
Public
and employee restrooms in a sexually oriented business shall not,
at any time, contain or be used for adult sexually oriented activity,
video reproduction equipment, or sexually oriented merchandise.
(b)
A
sexually oriented business shall at all times maintain at least one
(1) legible sign posted in a conspicuous place at each public entrance
easily visible by all persons prior to entry into the establishment
with lettering of at least one (1) inch in height in English and Spanish
which contains the following statement:
THIS IS A SEXUALLY ORIENTED BUSINESS WHICH REGULARLY FEATURES
(description of the type of activity licensed to be conducted). IF
NUDITY OR ACTIVITY OF A SEXUAL NATURE OFFENDS YOU DO NOT ENTER. NO
PERSONS UNDER EIGHTEEN YEARS OF AGE ALLOWED ENTRY (or “NO PERSON
UNDER TWENTY-ONE YEARS OF AGE ALLOWED ENTRY,” if alcohol is
served).
(c)
The premises of any sexually oriented business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than twenty (20) footcandles, excluding the limited exception for adult theaters as contained in section 4.07.010(c).
(d)
During
hours of darkness when a sexually oriented business is in operation,
all required parking and all outdoor areas to which pedestrians have
access on the premises of the sexually oriented business shall be
lighted to an intensity of not less than five (5) footcandles measured
at ground level.
(e)
No
models, mannequins, pictures, drawings, sketches, or other live or
simulated pictorial or graphic displays of nudity shall be allowed
in a manner that is visible to the public from any street, sidewalk,
or other public place.
(f)
The
licensee or operator commits an offense if he violates any portion
of this section.
(g)
A
licensee, operator or employee commits an offense if the licensee,
operator or employee knowingly allows a person under the age of 18
years, or under the age of twenty-one years if alcohol is served,
on the premises of a sexually oriented business.
(Ordinance 08-25 adopted 4/1/08; 2001 Code, sec. 4.812)
(a)
Required.
A person commits an offense if he acts as
a manager, operator, or employee of a sexually oriented business without
a valid permit issued by the city.
(b)
Duty of operator.
It shall be the duty of the licensee,
operator, manager, and owners of each sexually oriented business to
ensure that no person acts as a manager, operator, or employee of
a sexually oriented business unless that person holds a valid permit
issued by the city.
(c)
Application.
(1)
Any person who desires to obtain an original or renewal permit shall
make application in person at the offices of the city manager between
the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, city-observed
holidays excepted. The application shall be made under oath upon a
form prescribed by the city manager and shall include:
(A)
The name, home street address and mailing address (if different)
of the applicant;
(B)
Proof of the date of birth of the applicant and the identity of the
applicant, including at least one photographic identity card issued
by a governmental agency;
(C)
A list of any criminal charges pending, convictions, and time of service in jail or prison as related to any violation of this article or any applicable offense that is specified in section 4.07.043(a)(10) of this article; and
(D)
One passport-type photograph of the applicant of a size specified by the city manager, which shall become part of the photographic identity cards if a permit is issued. If an on- site card is required under subsection (c)(4)(B) of this section, then the application must contain a second photograph of the same type.
(2)
Each application shall be accompanied by a nonrefundable processing fee in the amount provided for in the fee schedule in appendix A of this code. Each applicant shall be required to provide fingerprints to be used to verify the applicant’s identity and criminal history information. Each applicant shall sign a waiver and authorization form authorizing the city manager to request on behalf of the applicant criminal history reports from the state department of public safety and any appropriate federal agency.
(3)
The city manager shall issue the permit within ten days from the date of filing of the application unless he finds that the application is incomplete or that the applicant has been convicted of or spent time in jail or prison for a violation of this article or an offense specified in section 4.07.043(a)(10) of this article within the time specified therein. If the application is not granted, then the applicant shall be given written notice of the grounds and of his right to provide a written response as provided by section 4.07.048 of this article, within ten days from the date of filing of the application.
(4)
Each permit issued by the city manager shall consist of either one
or two photographic identification cards.
(A)
Each employee of a sexually oriented business shall have an identification
card, called a personal card.
(B)
If a sexually oriented business is required by this article to have
an on-site manager, then each employee of such a business shall have
a second identification card, called an on-site card.
(5)
Upon the applicant’s completion of all requirements in subsections (c)(1) and (2) of this section, then the applicant may, upon written request, be immediately issued a temporary permit, which shall be valid until the third day after the applicant is given notice of the decision of the city manager.
(6)
If any personal card or on-site card is lost or stolen, the holder thereof shall immediately notify the city manager and request a replacement, which shall be issued for a replacement fee in the amount provided for in the fee schedule in appendix A of this code, within three days following verification of the identity of the holder.
(7)
No permit application shall be accepted nor shall a permit be issued
to any person who does not provide proof that he is at least 18 years
old. Any permit issued by virtue of any misrepresentation or error
to any person under age 18 shall be void.
(d)
Term; transfer; amendment.
(e)
Display.
(1)
Each manager or employee shall conspicuously display his personal
card upon his person at all times while acting as a manager or employee
of a sexually oriented business.
(2)
Each manager or employee who is required under this article to have
an on-site card 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 employee is on the premises.
(f)
Revocation.
In the event that the city manager has reasonable grounds to believe that any permit holder has been convicted of or spent time in jail or prison for a violation of this article or an offense as specified in the applicable provisions of section 4.07.043(a)(10) of this article within the time specified therein, then the city manager may revoke the permit under the procedures set out in section 4.07.047 of this article.
(Ordinance 08-25 adopted 4/1/08; 2001 Code, sec. 4.813; Ordinance adopting 2017 Code)
(a)
A
person commits an offense if he operates or causes to operate a sexually
oriented business without a valid license issued by the city for the
particular type of business.
(b)
Application
for a license must be made on a form provided by the city manager.
The application must be accompanied by a sketch or diagram showing
the configuration of the premises, including a statement of total
floor space occupied by the business. The sketch or diagram need not
be professionally prepared but must be 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.
(c)
The
applicant must be qualified according to the provisions of this section.
(d)
If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten percent (10%) or greater ownership interest in the business must sign the application for a license as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity that wishes to operate such a business, all corporate officers and directors must sign the application for an operator’s license as applicant. Each applicant must be qualified under section 4.07.043 below, and each applicant shall be considered a licensee if a license is granted.
(e)
The
fact that a person possesses other types of state or city permits
does not exempt him from the requirement of obtaining a license for
a sexually oriented business.
(Ordinance 08-25 adopted 4/1/08; 2001 Code, sec. 4.831; Ordinance adopting 2017 Code)
(a)
Any
person desiring to obtain a sexually oriented business license shall
make application on a form provided by the city manager or his designee.
(b)
All applications for a license under this article shall be accompanied by a nonrefundable application fee in the amount provided for in the fee schedule in appendix A of this code. An application shall not be considered to have been filed until the fee is paid and all information required by the application form has been submitted.
(Ordinance 08-25 adopted 4/1/08; 2001 Code, sec. 4.832; Ordinance adopting 2017 Code)
(a)
The
city manager shall approve the issuance of a license to an applicant
within 30 days after receipt of an application unless the city manager
finds one or more of the following to be true:
(1)
The location of the sexually oriented business is or would be in
violation of this article or the zoning ordinance of the city.
(2)
The applicant failed to supply all of the information requested on
the application.
(3)
The applicant gave false, fraudulent or untruthful information on
the application.
(4)
An applicant is under 18 years of age.
(5)
An applicant or an applicant’s spouse is overdue in payment
to the city of taxes, fees, fines or penalties assessed against or
imposed upon the applicant or the applicant’s spouse in relation
to a sexually oriented business.
(6)
An applicant or an applicant’s spouse has been convicted of
a violation of a provision of this article within two years immediately
preceding the application. The fact that a conviction is being appealed
shall have no effect.
(7)
The license application fee required by this article has not been
paid.
(8)
The applicant has not demonstrated that the owner of the sexually
oriented business owns or holds a lease for the property or the applicable
portion thereof upon which the sexually oriented business will be
situated or has a legally enforceable right to acquire the same.
(9)
An applicant or the proposed establishment is in violation of or
is not in compliance with this article.
(10)
An applicant or an applicant’s spouse has been convicted of
a crime:
(A)
Involving the following:
(i)
Any of the following offenses as described in the Texas Penal
Code, ch. 43:
a.
Prostitution.
b.
Promotion of prostitution.
c.
Aggravated promotion of prostitution.
d.
Compelling prostitution.
e.
Obscenity.
f.
Obscene display or distribution.
g.
Sale, distribution or display of harmful material to a minor.
h.
Sexual performance by a child.
i.
Employment harmful to children.
j.
Possession of child pornography.
(iii)
Sexual assault or aggravated sexual assault as described in
the Texas Penal Code, ch. 22.
(iv)
Incest, solicitation of a child or harboring a runaway child
as described in the Texas Penal Code, ch. 25.
(v)
Any felony as described in the Texas Penal Code.
(vi)
Criminal attempt, conspiracy or solicitation to commit any of
the foregoing offenses.
(vii)
Any similar sex-related offense to those described above under
the criminal or penal code of any state or country.
(B)
For which:
(i)
Less than two years have elapsed since the date of conviction
or the date of release from the terms of probation, parole or deferred
adjudication or the date of release from confinement imposed for the
conviction, whichever is the later date, if the conviction is of a
misdemeanor offense;
(ii)
Less than five years have elapsed since the date of conviction
or the date of release from the terms of probation, parole or deferred
adjudication 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
(iii)
Less than five years have elapsed since the date of the last
conviction or the date of release from confinement for the last conviction,
whichever is the later date, if the convictions are of two or more
misdemeanor offenses or combination of misdemeanor offenses occurring
within any 24-month period.
(b)
The
fact that a conviction is being appealed shall have no effect on the
disqualification of the applicant or applicant’s spouse.
(c)
An
applicant who has been convicted or whose spouse has been convicted
of an offense listed in this section may qualify for a sexually oriented
business license only when the time period required by this section
has elapsed.
(d)
The
license, if granted, shall state on its face the name and type of
business, the name of the person or persons to whom it is granted,
the expiration date and the address of the sexually oriented business.
(e)
The
license shall be posted in a conspicuous place at or near the entrance
to the sexually oriented business so that it may be easily read at
any time.
(Ordinance 08-25 adopted 4/1/08; 2001 Code, sec. 4.833; Ordinance adopting 2017 Code)
(a)
A
licensee, operator or employee of a sexually oriented business shall
be subject to the regulations under this article and shall permit
representatives of the police department to inspect all portions of
the premises open to the public and the records required to be maintained
under this article by the sexually oriented business for the purpose
of ensuring compliance with this article at any time it is occupied
by a customer(s) or open for business.
(b)
A
licensee or operator of a sexually oriented business commits an offense
if the person operates the establishment without maintaining a current
list of all employees of the business, along with a complete updated
employment application for each employee. A legible copy of a valid
driver’s license, state identification card or passport, with
a photograph, together with an original photograph accurately depicting
the employee as the person appears at the time the person is hired,
shall be required and maintained on the premises with the employee’s
application.
(c)
A
licensee or operator of a sexually oriented business commits an offense
if the person refuses to permit a lawful inspection of the records
and premises by a representative of the police department at any time
the sexually oriented business is occupied by a customer(s) or open
for business.
(d)
The
licensee or operator of a sexually oriented business shall maintain
all records required to be maintained under the provisions of this
article on the licensed premises.
(e)
The
licensee or operator of a sexually oriented business commits an offense
if the person does not maintain the required records on the premises
of the licensed establishment.
(f)
A
licensee, operator or employee of a sexually oriented business commits
an offense if the person does not permit representatives of the police
department to take photographs of the premises or the licensee, operator
or employees of the sexually oriented business for the purpose of
ensuring compliance with this article at any time it is occupied by
a customer(s) or open for business.
(g)
The
provisions of this section do not apply to areas of an adult motel
which are currently being rented by a customer for use as a permanent
or temporary habitation.
(Ordinance 08-25 adopted 4/1/08; 2001 Code, sec. 4.834)
(a)
Each
license shall expire one year from the date of issuance.
(b)
A license may be renewed by submission to the city manager or his designee of an application on the form prescribed by the official and payment of a nonrefundable renewal processing fee in the amount provided for in the fee schedule in appendix A of this code.
(c)
Application
for renewal shall be made at least 30 days before the expiration date.
(Ordinance 08-25 adopted 4/1/08; 2001 Code, sec. 4.835; Ordinance adopting 2017 Code)
(a)
Subject to subsection (c) below, the city manager shall suspend a sexually oriented business license if the city manager determines that a licensee(s) or employee(s) of a licensee (or any combination thereof) has/have:
(b)
A period of suspension will begin the first day after the decision of the city manager becomes final as provided in this section, unless the licensee appeals to an appropriate court under section 4.07.048. If appeal is taken under section 4.07.048, the period of suspension begins the day after all appeals are final.
(d)
Each
day in which a violation is permitted to continue shall constitute
a separate violation for the purposes of suspension.
(e)
A
person commits an offense if he operates or causes to be operated
a sexually oriented business during a period of time that the license
for such business has been suspended.
(Ordinance 08-25 adopted 4/1/08; 2001 Code, sec. 4.836; Ordinance adopting 2017 Code)
(a)
The city manager shall revoke a license if a license has been suspended under the provisions of section 4.07.046(c)(3).
(b)
The
city manager shall revoke a license if he/she determines the following:
(1)
The licensee gave false or misleading information in the material
submitted to the city manager during the application process.
(2)
A licensee or an employee has knowingly allowed possession, use or
sale of controlled substances on the premises.
(3)
A licensee or an employee has knowingly allowed prostitution on the
premises.
(4)
A licensee or an employee knowingly operated the sexually oriented
business during a period of time when the license for such business
was suspended.
(5)
A licensee has been convicted of an offense listed in section 4.07.043(a)(10) for which the time period required has not lapsed.
(6)
On two or more occasions within a 12-month period, an employee of the establishment committed in or on the licensed premises an offense listed in section 4.07.043(a)(10) for which a conviction has been obtained.
(7)
A licensee or an employee has knowingly allowed any act of sexual
intercourse, sodomy, oral copulation, masturbation or sexual contact
to occur in or on the licensed premises. The term “sexual contact”
shall have the same meaning as it is defined in the Texas Penal Code,
section 21.01.
(8)
A licensee is delinquent in payment to the city for hotel occupancy
taxes, ad valorem taxes or sales taxes related to the sexually oriented
business.
(c)
The
fact that a conviction is being appealed shall have no effect on the
revocation of the license.
(d)
Subsection (b)(7) of this section does not apply to adult motels as a ground for revoking the license, unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in a public place or within public view.
(e)
When the city manager revokes a license, the revocation shall continue for five years, and the licensee shall not be issued a sexually oriented business license for five years from the date revocation became effective. If the license was revoked under subsection (b)(5) of this section, an applicant may not be granted another license until the appropriate number of years required under section 4.07.043(a)(10) has elapsed.
(Ordinance 08-25 adopted 4/1/08; 2001 Code, sec. 4.837; Ordinance adopting 2017 Code)
(a)
When
the city manager is authorized to deny the issuance of a license,
or suspend or revoke a license, under this article, the city manager
shall give written notice to the applicant or licensee of such intention.
(1)
The notice shall provide that the denial of issuance, suspension
or revocation shall take effect at the expiration of the tenth calendar
day after notification, unless the licensee provides a written response
to the city manager before the expiration of the tenth calendar day.
(2)
If a written response from the applicant or licensee is received
by the city manager before the expiration of the tenth calendar day,
the denial of issuance, suspension or revocation will be stayed pending
a decision by the city manager. The city manager shall review the
response before the rendering of a decision.
(3)
The city manager shall give written notice of this decision to the
applicant or licensee within ten calendar days of receipt of the written
response from the applicant or licensee.
(4)
The decision by the city manager is effective immediately and final
pending any appeal to an appropriate court.
(5)
Notice shall be deemed delivered by hand delivery to a licensee,
owner or employee of the establishment or by a posting of the notice
at the usual business entrance of the establishment. Notice may also
be sent by certified mail, return receipt requested, mailed to the
address listed in the license application for receipt of notice.
(b)
Upon
receipt of written notice of the denial of issuance, suspension or
revocation, the licensee whose application for a license has been
denied or whose license has been suspended or revoked shall have the
right to appeal to an appropriate court.
(c)
An
appeal to the appropriate court must be filed within 30 days after
delivery of notice of the decision of the city manager.
(d)
The
licensee or applicant shall bear the burden of proof in court.
(Ordinance 08-25 adopted 4/1/08; 2001 Code, sec. 4.838; Ordinance adopting 2017 Code)
(a)
A
person commits an offense if he transfers a sexually oriented business
license to another person or operates a sexually oriented business
under the authority of a license at any place other than the address
designated in the application.
(b)
A
person commits an offense if he operates a different sexually oriented
business than the one authorized in the license for the location where
the business is being operated.
(c)
A
person commits an offense if he counterfeits, forges, changes, defaces
or alters a sexually oriented business license.
(Ordinance 08-25 adopted 4/1/08; 2001 Code, sec. 4.839)
