As used in these regulations:
Adult arcade.
Any place the public is allowed or invited where image-producing
devices are maintained to show images to five or fewer persons per
device 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 as defined in this article.
Devices covered in this definition include machines that produce still
or motion pictures, are coin- or slug-operated, or are electronically
or mechanically controlled, and include computer monitors.
Adult bookstore or adult video store.
An establishment that as its primary business purpose offers
for sale or rental, for any form of consideration, any one or more
of the following:
(1)
Books, magazines, periodicals or other printed matter, photographs,
films, motion pictures, videocassettes or video reproductions, computer
programs, slides or other visual representations that depict or describe
specified sexual activities or specified anatomical areas as defined
in this article; and
(2)
Instruments, devices or paraphernalia that are designed for
use in connection with specified sexual activities as defined in this
article.
Adult cabaret.
A nightclub, bar, restaurant, or similar commercial establishment
that features:
(1)
Persons who appear semi-nude or in a state of nudity as defined
in this article;
(2)
Live performances which are characterized by the exposure of
specified anatomical areas or specified sexual activities as defined
in this article; or
(3)
Films, motion pictures, computer simulations, videocassettes,
slides or other reproductions which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas as defined in this article.
Adult motel.
A hotel, motel or similar commercial establishment that:
(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 reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas as defined in this
article; and
(2)
Offers a sleeping room for rent for a period of time that is
less than ten (10) 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
(10) hours.
Adult motion picture theater.
A commercial establishment that regularly shows, for any
form of consideration, films, motion pictures, videocassettes, slides
or similar photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas as defined in this article.
Adult theater.
A theater, concert hall, auditorium or similar commercial
establishment that regularly features live performances characterized
by the exposure of specified anatomical areas defined in this article.
Allow.
To let happen, cause, suffer, or permit, including the failure
to prevent.
Applicant.
The individual or entity submitting the application for a
sexually oriented business permit. Where appropriate, this includes
a designated agent of the applicant.
Cashier.
Any employee who handles cash or any other form of payment
from clients of an enterprise for services or products provided.
Child care facility.
A facility used as a day nursery, children's boarding home,
child placement agency or other place for the care or custody of children
under fifteen (15) years of age, licensed by the state pursuant to
chapter 42 of the Texas Human Resources Code.
Church or place of religious worship.
A facility, including all structures and grounds, at which
persons regularly assemble for worship, intended primarily for purposes
connected with faith or for propagating a particular form of belief.
Dwelling.
A house, duplex, apartment, townhouse, condominium, mobile
home or any other building used as a residence.
Employee.
Any person who works in or about an enterprise and renders
any service whatsoever to the patrons of an enterprise and receives
compensation for such service or work from the enterprise operator
or owner of the enterprise or from the patrons thereof.
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.
Hospital.
A building used to provide inpatient medical care for the
sick or injured and licensed pursuant to the Texas Hospital Licensing
Law, chapter 241 of the Texas Health and Safety Code, or operated
by an agency of the federal government.
Live exhibition.
A live performance by one or more individuals conducted in
front of at least one patron, including but not limited to dancing,
modeling, sword swallowing, juggling, acrobatic acts, wrestling and
pantomime.
Nudity or state of nudity.
Any state of dress which fails to opaquely cover a human
buttock, anus, male genitalia, female genitalia or areola of a female
breast.
Operator.
A manager or other natural person principally in charge of
a sexually oriented business enterprise.
Patron.
Any customer or client of a sexually oriented business, including
members of the public or club members invited or admitted.
Person.
An individual, partnership, corporation, association or other
legal entity.
Public building.
A building used by the federal, state, or local government
that is open to the general public.
Public park.
A tract of land dedicated for public use and accessible to
the general public for recreational purposes, not including public
roads, walkways, easements and rights-of-way. This term shall include
locations owned by nonprofit organizations that provide educational
and recreational facilities.
School.
A facility, including all attached playgrounds, dormitories,
stadiums and other appurtenances which are part of the facility, used
for the primary purposes of instruction or education, including primary
and secondary schools, colleges and universities, both public and
private.
Sexually oriented business (SOB).
A sex parlor, nude studio, modeling studio, love parlor,
adult bookstore, adult movie theater, adult video arcade, adult movie
arcade, adult video store, adult motel or other commercial enterprise
the primary business of which is the offering of a service or the
selling, renting, or exhibiting of devices or any other items intended
to provide sexual stimulation or sexual gratification to the customer.
Specified sexual activities.
Includes any of the following:
(1)
Fondling or other erotic touching of human genitals, pubic region,
buttocks, anus or female breasts, whether clothed or nude;
(2)
Sex acts, actual or simulated, including intercourse, oral copulation,
or sodomy;
(3)
Masturbation, actual or simulated; or
(4)
Excretory functions as part of or in connection with any of the activities set forth in subsections
(1) through
(3) hereinabove.
(1999 Code, sec. 4.801)
This article is adopted by the city under the authority and
in conformity with chapter 243 of the Local Government Code for the
purpose of regulating sexually oriented businesses and promoting the
health, safety and general welfare of the citizens of the city and
is not an attempt to restrict the content of any communication nor
to prohibit the access by adults to sexually oriented businesses.
(1999 Code, sec. 4.802)
Any sexually oriented business operating in the city prior to enactment of this article shall comply with the provisions of this article within 90 days following its effective date. Any operator, owner or employee of a sexually oriented business operating within the city whose employment or ownership commenced prior to the enactment of this article shall comply with the terms of this article within 90 days following the effective date of this article. In the event such business is not in compliance with the distance requirements set out in section
4.06.031(d)(9) and an application is pending before the CPZ, a temporary license will be issued pending the application.
(1999 Code, sec. 4.812)