It is the purpose of this article to regulate sexually oriented businesses to promote the health, safety, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the unregulated operation of sexually oriented businesses within the city. 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 the effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
(1983 Code, sec. 14-240; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997)
The following words and phrases, whenever used in this article, shall be construed as defined in this section unless in context it appears that a different meaning is intended:
Applicant.
The term “applicant” shall include each member of a partnership when the applicant is a partnership. If a member of the applicant partnership is not a person, the applicant shall include those persons holding a ten-percent or greater interest in the entity which constitutes that member of the partnership applicant. The term “applicant” shall include each officer, director and holder of a ten-percent or greater interest of a corporation, firm or association when the applicant is a corporation, firm or association. If the holder of a ten-percent or greater interest in a corporation, firm or association applicant is not a person, the applicant shall include those persons holding a ten-percent or greater interest in the entity which holds a ten-percent or greater interest in the corporation, firm or association which is the applicant. When a permit is issued under this article, the applicant becomes the permit holder.
Chief of police.
Chief of police means the chief of police of the City of Lubbock or his designated agent.
Customer.
Customer means any person who:
(1) 
Is allowed to enter an establishment in return for the payment of an admission fee or any form of consideration or gratuity; or
(2) 
Enters an establishment for the purpose of purchasing or renting a commodity or services therein.
Employee.
Employee means every owner, partner, manager, supervisor, agent, independent contractor[,] employee, entertainment person or worker who renders personal services of any nature in the conduct of a sexually oriented business. It includes any person who renders any service whatsoever to the customers of an establishment regulated by this article or who works in or about such an establishment and who receives compensation or consideration for such service or work from the operator or owner of such establishment or from the customers therein.
Nude, nudity or a state of nudity.
Nude, nudity or a state of nudity means appearing while any of the following portions of the human body are less than completely and opaquely covered:
(1) 
Genitals, whether or not in a state of sexual arousal;
(2) 
Pubic region or pubic hair;
(3) 
Buttock(s);
(4) 
The portions of the female breast(s) beginning from a point immediately above the top of the areola and continuing downward to the lowest portion of the breast(s); or
(5) 
Any combination of the above.
Operate or cause to operate.
Operate or cause to operate means to permit or 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 applicant as defined herein, an owner, part owner, licensee or manager of the venture.
Primary business activity.
Primary business or primary business activity for purposes of determining whether a business is subject to regulation shall mean and include:
(1) 
Any live performance or entertainment as described in the definition of the term “sexually oriented business” in this section; or
(2) 
Any nonlive, sexually oriented retail sale, service or rental business activity when, on a calendar day, thirty-five (35) percent or more of either inventory held for sale, rent or display; or display space; or exhibition time; or sales include sexually explicit entertainment, materials or items that are intended to provide sexual stimulation or gratification and the entertainment, materials or items are distinguished by or characterized by an emphasis on subject matter depicting, describing or related to specified sexual activities and/or specified anatomical areas.
The operation of a commercial venture may include more than one primary business activity.
Seminude and simulated nudity.
(1) 
Seminude or seminudity means a state of dress in which clothing covers only the genitals, anus, and pubic region.
(2) 
Simulated nudity means a state of dress in which any artificial device or covering is worn on a person and exposed to view so as to simulate an actual “state of nudity.”
Sexually oriented business.
Sexually oriented business shall mean and include any commercial venture whose operations on any calendar day include: The providing, featuring or offering of employees or entertainment personnel who appear in a state of nudity, seminude or simulated nudity and provide live performances or entertainment intended to provide sexual stimulation or sexual gratification to customers and which is offered as a feature of a primary business activity of the venture; or, the providing, featuring or offering, as a primary business activity as defined herein, of nonlive, sexually explicit entertainment materials, or items for sale or rental to customers, or the providing or offering of a service or exhibition of materials or items which are intended to provide sexual stimulation or sexual gratification to its customers, said materials, items or services being distinguished by or characterized by an emphasis on subject matter depicting, describing or relating to specified sexual activities and/or specified anatomical areas.
The term “sexually oriented business” shall include, but not be limited to the following:
(1) 
Sexually oriented cabaret.
A sexually oriented cabaret is an establishment whose business is the offering to customers of live entertainment which is intended to provide sexual stimulation or sexual gratification to such customers, and which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities, specified anatomical areas, nudity, simulated nudity, or any combination thereof.
(2) 
Sexually oriented modeling studio.
A sexually oriented modeling studio is an establishment whose business is the providing, to customers, figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and to display specified anatomical areas while being observed, painted, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.
(3) 
Sexually oriented bookstore, film or video store.
A sexually oriented bookstore, film or video store is an establishment having a primary business activity of marketing, selling, displaying or dispensing stock in trade, books, films, videos, magazines, periodicals, computer imaging products or other reproductions which are intended to provide sexual stimulation or sexual gratification to customers, and which are distinguished or characterized by an emphasis on depicting or describing “specified sexual activity” or “specified anatomical areas.”
(4) 
Sexually oriented viewing booth or arcade.
A sexually oriented viewing booth or arcade is an establishment or commercial venture which has within its structure any coin-operated or slug-operated or electrical or mechanical device, which projects or displays any image into a viewing area or other enclosure which is designed for presenting material intended to provide sexual stimulation or sexual gratification to customers, and which is distinguished or characterized by a predominant emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas.”
(5) 
Sexually oriented theater or sexually oriented motion picture theater.
A sexually oriented theater or sexually oriented motion picture theater is an establishment or commercial venture which is conducted within an enclosed building and which projects or displays for viewing by an audience material intended to provide sexual stimulation or sexual gratification to customers, and which is distinguished or characterized by a predominant emphasis on matter depicting, describing or relating to “specified anatomical areas” or “specified sexual activities” for observation by patrons.
(6) 
Sexually oriented lounge.
A sexually oriented lounge is a “sexually oriented cabaret” as defined above which allows the consumption of alcoholic beverages on the premises.
(7) 
Sexually oriented retail store.
A sexually oriented retail store is a retail establishment which has a primary business activity of marketing, selling, displaying or dispensing stock in trade, books, films, magazines, periodicals, instruments, devices, paraphernalia, or any other products which are intended to provide sexual stimulation or sexual gratification to customers, and which are distinguished or characterized by an emphasis on depicting, describing or related to “specified sexual activities” or “specified anatomical areas.”
(8) 
Sexually oriented motel or adult motel.
Sexually oriented motel or adult motel means a hotel, motel or similar commercial establishment which:
(A) 
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 or computer-generated reproductions which are intended to provide sexual stimulation or sexual gratification to customers, and 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 such adult types of photographic or computer-generated reproductions; or
(B) 
Offers a sleeping room for rent on an hourly basis or allows a tenant or occupant of a sleeping room to subrent the room on an hourly basis.
(9) 
Sexually oriented escort agency.
A sexually oriented escort agency is a person or business association that furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration. For purposes of this definition an escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
(10) 
Sexually oriented encounter center.
A sexually oriented encounter center is a business or commercial venture that offers for any form of consideration physical activities between persons when one or more of the persons is in a state of nudity or seminudity.
Specified anatomical areas.
Specified anatomical areas means the following portions of the human body:
(1) 
Genitals, whether or not in a state of sexual arousal;
(2) 
Pubic region or pubic hair;
(3) 
Buttock or buttocks;
(4) 
The portions of the female breast below a point immediately above the top of the areola; and
(5) 
Any combination of the above.
Specified sexual activities.
Specified sexual activities means one or more of the following:
(1) 
The fondling, massaging or other erotic touching or stimulation of “specified anatomical areas.”
(2) 
Ultimate sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation, sodomy.
(3) 
Masturbation, actual or simulated.
(4) 
Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.
(1983 Code, sec. 14-241; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997)
This article shall be cumulative of all other ordinances of the city.
(1983 Code, sec. 14-267; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997)
All notices required hereunder shall be in writing and shall be deemed delivered three (3) days after deposited in a United States post office receptacle.
(1983 Code, sec. 14-264; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997)
Wherever in this article any act is prohibited or declared to be unlawful, or the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of any such provision of this article is punishable by a fine of not more than two thousand dollars ($2,000.00). Each day such violation continues shall constitute a separate offense. Revocation of a permit shall not be a defense against prosecution.
(1983 Code, sec. 14-265; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997; Ordinance 10055, sec. 3, adopted 3/12/1998)
It is an affirmative defense to prosecution under this article that the person was practicing a profession or participating in an activity described as follows:
(1) 
Physicians, surgeons, chiropractors, osteopaths, massage therapists or physical therapists who are duly licensed to practice their respective professions in the State of Texas when practicing their respective professions;
(2) 
Nurses registered under the laws of the State of Texas when practicing nursing;
(3) 
Trainers of any amateur, semiprofessional or professional athlete or athletic team when training or engaging in their sport;
(4) 
Barbers or cosmetologists who are duly licensed under the laws of the State of Texas when practicing their profession;
(5) 
Any activity conducted or sponsored by any school district or other public agency;
(6) 
Any activity conducted by a person pursuant to any permit issued by the State of Texas or any agency thereof or political subdivision which permits, prescribes standards for and supervises such activity or profession;
(7) 
Private schools providing a course of instruction in photography, or photography studios which do not provide for consideration photography equipment, models and a studio;
(8) 
Modeling agencies, schools or services, except those which provide live modeling services for consideration in which a customer may obtain an exclusive modeling exhibition at which he or she is the only observer.
(1983 Code, sec. 14-242; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997)
In addition to any criminal penalties sought, the city attorney is hereby authorized to file suit to enjoin the violation of any regulation of this article.
(1983 Code, sec. 14-266; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997)
(a) 
Every sexually oriented business permit holder shall maintain a current list of all employees employed by the business, to include current residence address and date of birth, along with a completed employee application on a form approved by the chief of police, for each employee employed by the permit holder during the term or extended term of a permit. A legible and clear copy of each employee’s driver’s license, state identification card, or passport, with photo, shall be maintained by the permit holder. The permit holder shall cause these employment records to be updated as necessary to keep them current at all times.
(b) 
The records required by subsection (a) of this section shall be kept available and open for inspection upon demand by the chief of police or his designated agent(s).
(1983 Code, sec. 14-261; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997)
It shall be unlawful for a permit holder or an agent or employee of a permit holder to allow a person who is younger than eighteen (18) years of age, or under twenty-one (21) years of age if the sale or consumption of alcoholic beverages is an aspect of the venture, to enter the premises of the sexually oriented business.
(1983 Code, sec. 14-263; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997)
(a) 
No part of the premises used as a sexually oriented business, other than a sexually oriented motel, shall be used as living quarters or as a residence on a temporary or permanent basis.
(b) 
No sexually oriented business shall use an entrance or exit that also provides a direct passageway to any other type of business, residence or living quarters.
(c) 
When open for business, all entry and exit doors shall remain unlocked, and no obstruction shall be placed so as to prevent or impede ingress or egress.
(d) 
The permit holder or individual designated under section 8.09.043(a)(20) shall remain upon the premises and on duty at all times said business is open.
(e) 
The permit holder and each person designated under section 8.09.043(a)(20) by the permit holder to manage, direct or control the business shall remain legally responsible for the conduct of each employee subject to his control.
(1983 Code, sec. 14-254; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997)
(a) 
A person commits an offense if, in a business establishment open to persons under the age of seventeen (17) years, he displays a book, pamphlet, newspaper, magazine, film, or videocassette, the cover of which depicts, in a manner calculated to arouse sexual lust or passion, any of the following:
(1) 
Human sexual intercourse, masturbation, or sodomy;
(2) 
Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts;
(3) 
Less than completely and opaquely covered human genitals, or that portion of the female breast below the top of the areola; or
(4) 
Human male genitals in a discernibly turgid state, whether covered or uncovered.
(b) 
In this section “display” means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment:
(1) 
It is available to the general public for handling and inspection; or
(2) 
The outside cover on the item is visible to members of the general public.
(1983 Code, sec. 14-257; Ordinance 9903, sec. 1, adopted 7/11/1996; Ordinance 10020, sec. 1, adopted 10/9/1997)