For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Adult arcade.
Any place to which the public is permitted or invited wherein image-producing devices which depict sexual activities are maintained.
Adult bookstore or adult video store.
A commercial establishment which offers for sale or rental books, magazines or other printed matter, or photographs, films, motion pictures or videocassettes, which depict or describe sexual activities.
Adult cabaret.
A nightclub, bar, restaurant or similar commercial establishment which regularly features persons who appear in a state of nudity or which shows films, motion pictures or video reproductions depicting sexual activities.
Chief of police.
The chief of police of the city or his duly authorized representative.
Licensee.
A person in whose name a license is issued to operate a sexually oriented business.
Nudity or state of nudity.
The appearance of a human bare buttock, anus, male genitals, female genitals or female breasts; or a state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals or areola of the female breast.
Sexual activities.
Includes any of the following:
(1) 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) 
Masturbation, actual or simulated;
(4) 
Excretory functions as part of or in connection with any of the above activities.
Sexual encounter center.
1A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration physical contact between persons of the same or opposite sex when such contact is sexual in nature and one (1) or more of the persons is in a state of nudity.
Sexually oriented business.
An adult arcade, adult bookstore or adult video store, adult cabaret, sexual encounter center or other commercial enterprise, the primary business of which is the offering of a service of the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.
(2002 Code, sec. 4.601)
A person commits an offense if he operates or causes to be operated a sexually oriented business within one thousand (1,000) feet of a church, public or private elementary or secondary school, residential or historic district, public park, or the property line of a lot devoted to residential use.
(2002 Code, sec. 4.605)
A person commits an offense if he displays a book, pamphlet, newspaper, magazine, film, videocassette or other display or advertising in a location visible to persons under the age of seventeen (17) years, if the cover of any such materials depicts, in a manner calculated to arouse sexual lust or passion for commercial gain or to exploit sexual lust or perversion for commercial gain, any human sexual activity. “Display” shall also include locating an item in such a manner that it is visible to the general public outside the interior portions of the licensed premises of the sexually oriented business.
(2002 Code, sec. 4.606)
(a) 
A person commits an offense if he operates a sexually oriented business without a valid license issued by the city.
(b) 
An application for a license must be made in a form provided by the chief of police.
(c) 
The application must be accompanied by a sketch or diagram showing the configuration of the premises of the sexually oriented business.
(d) 
A person wishing to operate a sexually oriented business must sign the application for a license as applicant. Each individual owning more than twenty (20) percent of the business must sign the application for license.
(e) 
The chief of police shall approve the license if he finds, within thirty (30) days after receipt of an application, the following to be true:
(1) 
The applicant is over the age of twenty-one (21) years.
(2) 
The applicant is not overdue in payment to the city of taxes, fees, fines or penalties assessed against or imposed upon him.
(3) 
The applicant has provided information reasonably necessary for issuance of the license and has truthfully answered the questions or requests for information on the application form.
(4) 
The applicant or the applicant’s spouse has not been convicted of a violation of this article or any crime involving sexual activity of any form and described in chapter 21, 22 or 43 of the Texas Penal Code.
(5) 
The license fee required by this article has been paid.
(2002 Code, sec. 4.602)
The annual fee for a sexually oriented business license shall be established by fee resolution of the city council in the same manner in which other license fees in the city are established.
(2002 Code, sec. 4.603)
(a) 
Each license shall expire one (1) year from the date of its issuance and may be renewed only by making the application required by section 8.14.031. Application for renewal should be made at least thirty (30) days before the expiration date.
(b) 
The chief of police shall suspend the license for a period not to exceed thirty (30) days if a licensee has violated any provision of this article, has engaged in the excessive use of alcoholic beverages while on the premises of the sexually oriented business, has refused to allow an inspection as authorized by this article, has knowingly permitted gambling on the premises or has demonstrated an inability to operate or manage the business in a peaceful and law-abiding manner.
(c) 
The chief of police shall revoke a license for a second suspension within twelve (12) months or if he determines that a licensee gave false information in his application or the licensee or an employee has knowingly allowed the possession, use or sale of controlled substances on the premises, or has allowed the premises to be used for prostitution, or has allowed the premises to be used for any sexual contact as defined in section 21.01 of the Texas Penal Code. A revocation shall continue for one (1) year.
(d) 
A licensee shall not transfer his license to another person.
(2002 Code, sec. 4.604)