As used in this article, the following words and terms shall
have the meanings ascribed to them in this section, unless the context
of their usage clearly indicates another meaning:
means any person who does any one or more of the following
shall be deemed to be conducting business in an enterprise:
Operates a cash register, cash drawer or other depository on
the premises of the enterprise where cash funds or records of credit
card or other credit transactions generated in any manner by the operation
of the enterprise or the activities of the premises of the enterprise;
Displays or takes orders from any customer for any merchandise,
goods, entertainment or other services offered on the premises of
the enterprise;
Delivers or provides to any customer any merchandise, goods,
entertainment or other services offered on the premises of the enterprise;
Acts as a door attendant to regulate entry of customers or other
persons into the premises of the enterprise; or
Supervises or manages other persons in the performance of any
of the foregoing activities on the premises of the enterprise.
means any person who:
Is allowed to enter an enterprise or any portion of an enterprise
in return for the payment of an admission fee, membership fee or any
other form of consideration or gratuity;
Enters an enterprise or any portion of an enterprise and purchases,
rents or otherwise partakes of any merchandise, goods, entertainment
or other services offered therein; or
Is a member of and on the premises of an enterprise operating
as a private or membership club or an enterprise that reserves any
portion of the premises of the enterprise as a private or membership
club.
means the Chief of Police and such employee(s) of the police
department as he may designate to perform the duties of the director
under this article.
means any person who renders any service whatsoever to the
customers of an enterprise, works in or about an enterprise or who
conducts any business in an enterprise and who receives or has the
expectation of receiving any compensation from the operator, or customers
of the enterprise. By way of example, rather than limitation, the
term includes the operator and other management personnel, clerks,
dancers, models and other entertainers, food and beverage preparation
and service personnel, door persons, bouncers, and cashiers. It is
expressly intended that this definition cover not only conventional
employer-employee relationships but also independent contractor relationships,
agency relationships, and any other scheme or system whereby the ‘employee’
has an expectation of receiving compensation, tips, or other benefits
from the enterprise or its customers in exchange for services performed.
means an adult bookstore, adult cabaret, adult encounter
parlor, adult lounge, adult modeling studio, adult movie theater or
any establishment whose primary 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. The term “enterprise”
shall include any premises for which a permit is required under either
or both of Articles II and III of this chapter. However, the term ‘enterprise’
shall not be construed to include:
Any business operated by or employing licensed psychologists,
licensed physical therapists, licensed athletic trainers, licensed
cosmetologists, or licensed barbers performing functions authorized
under the licenses held;
Any business operated by or employing licensed physicians or
licensed chiropractors engaged in practicing the healing arts; or
Any retail establishment whose major business is the offering
of wearing apparel for sale to customers.
means any employee of an enterprise who performs or engages
in entertainment.
means any act or performance, such as a play, skit, reading,
revue, fashion show, modeling performance, pantomime, role playing,
encounter session, scene, song, dance, musical rendition or striptease
that involves the display or exposure of specified sexual activities
or specified anatomical areas. The term “entertainment”
shall include any employee or entertainer exposing any specified anatomical
areas or engaging in any specified sexual activities whatever in the
presence of customers.
means any person who supervises, directs or manages any employee
of an enterprise or any other person who conducts any business in
an enterprise with respect to any activity conducted on the premises
of the enterprise, including any “on-site manager.”
means any person charged by an owner or operator of an enterprise
with the responsibility for direct supervision of the operation of
the enterprise and with monitoring and observing all areas of the
enterprise to which customers are admitted at all times during which
the enterprise is open for business or customers are on the premises
of the enterprise.
means the manager or other natural person principally in
charge of an enterprise.
means the proprietor if a sole proprietorship, all general
partners if a partnership, or the corporation if a corporation.
means the current, valid permit issued by the director pursuant
to the terms of this article.
means any portion of the interior of an enterprise separated
from any other portion of an enterprise by any wall, partition or
other divider.
Human genitals in a discernible state of sexual stimulation
or arousal;
Acts of human masturbation, sexual intercourse or sodomy;
Fondling or other erotic touching of human genitals, pubic region
or pubic hair, buttock or female breast or breasts; or
Any combination of the foregoing.
means an individual who holds a Temporary Entertainer’s
Permit
means an Entertainer’s Permit that is valid for a reduced
period of time, as set forth in this Article.
means an individual who holds a Temporary Floor-Manager’s
Permit.
means a Floor-Manager’s Permit that is valid for a
reduced period of time, as set forth in this Article.
means an individual who holds a Temporary Manager’s
Permit
means an Entertainer’s Permit that is valid for a reduced
period of time, as set forth in this Article.
(Ordinance 1844, 3-24-09)
The provisions of this Article are expressly made cumulative
of other applicable laws including, without limitation to the entire
chapter.
(Ordinance 1844, 3-24-09)
A.
It shall
be unlawful for any person who does not hold a permit or temporary
permit to act as an entertainer or a manager of or in an enterprise.
B.
It shall
be the duty of the operator and owners of each enterprise to ensure
that no person acts as an entertainer or manager of or in the enterprise
unless that person holds a permit or temporary permit.
(Ordinance 1844, 3-24-09)
A.
Any person
who desires to obtain an original or renewal permit shall make application
to the director in person at the Police Department between the hours
of 8:00 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 director and shall include:
B.
Each application
shall be accompanied by a nonrefundable processing fee of $60.00.
Each applicant shall be required to obtain from the Texas Department
of Public Safety a copy of their criminal history report and surrender
it to the Police Department upon making application.
C.
The Director shall issue the permit within three business days from the date of filing of the application unless he finds that the applicant has been convicted of or spent time in jail or prison for an offense specified in the applicable provisions of Section 18-82 of this Article within the time specified therein. If the application is not granted, then the applicant shall be mailed notice of the grounds and of their right to provide evidence and request a hearing as provided by Section 18-87 of this Article, within ten days from the date of filing of the application.
D.
Each permit
issued by the Director shall consist of two photographic identification
cards, a personal card and an on-site card.
E.
Any applicant whose application is denied and who requests a hearing on the denial shall be granted a hearing within thirty days following the receipt of the request by the Chief of Police. The hearing shall be conducted as provided in Section 18-89 of the Article. If the Hearing Officer rules against the applicant, then the applicant shall be given notice of the right to seek an injunction or judicial review of the decision as provided in Section 18-89 of this Article.
F.
In the
event that the director fails to issue or deny a permit application
within the time specified in subsection (c) or to provide a hearing
within the time specified in subsection (e), then the applicant shall,
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 director or the hearing officer.
G.
If any
personal card or on-site card is lost or stolen, the holder thereof
shall immediately notify police department and request a replacement,
which shall be issued for a fee of $35.00 within three days following
verification of the identity of the holder.
H.
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, and the holder of such permit shall
be subject to criminal prosecution.
I.
A temporary
manager’s permit or temporary entertainer’s permit shall
be issued within twenty-four hours of the application when:
1.
The
application has been completed and submitted to the Police Department.
2.
The
applicant supplies a copy of a valid and lawful photographic identification
card that was issued to the individual by a governmental authority
of the United States of America or any State, possession, commonwealth,
or territory thereof;
3.
A preliminary
investigation indicates that the applicant is otherwise qualified
under this Article for the issuance of a temporary permit; and
4.
The
applicant has not applied for or been granted a temporary permit in
the year preceding the application.
(Ordinance 1844, 3-24-09)
A.
A permit
is valid for two years from the date of its issuance.
B.
A temporary
entertainer’s permit or temporary manager’s permit shall
be valid for thirty calendar days.
C.
A permit
is personal to the named permit holder and is not valid for use by
any other person.
D.
Each permit
holder shall notify the police department of his new address within
ten days following any change of address.
E.
Permits
shall be portable from location to location, so long as each such
location is a validly licensed Sexually Oriented Business.
(Ordinance 1844, 3-24-09)
A.
Each manager
or entertainer shall conspicuously display his personal card upon
his person at all times while acting as an entertainer or manager
of or in an enterprise.
B.
Each manager
or entertainer shall provide his on-site card to the manager or on-site
manager in charge of the enterprise to hold while the manager or entertainer
is on the premises.
(Ordinance 1844, 3-24-09)
In the event that the director has reasonable grounds to believe that any permit holder has been convicted of or spent time in jail or prison for an offense as specified in the applicable provision of Section 18-82 of this Article within the time specified therein, then the Director may revoke the permit following a notice of the grounds pursuant to Section 18-87. The permit holder has a right to an administrative hearing pursuant to Section 18-89. In the event that the hearing officer determines that the permit should be revoked, then he or she shall issue render a decision pursuant to Section 18-89 following the mailing of notice of the decree to the permit holder in order to allow the permit holder an opportunity before the permit must be surrendered to seek an injunction or judicial review of the decision as authorized in Section 18-89 of this Article.
(Ordinance 1844, 3-24-09)
A.
It shall
be unlawful for an individual to intentionally or knowingly appear
in a state of nudity within 50 feet of a public place or establishment
that serves or permits the consumption of alcohol.
B.
It shall
be unlawful for an individual to intentionally or knowingly appear
in a state of semi-nudity within 50 feet of a public place or establishment
that serves or permits the consumption of alcohol.
C.
It shall
be unlawful for an individual, person, corporation, or association
that manages, or operates a Sexually Oriented Business to intentionally
or knowingly allow an individual to appear on the premises of said
establishment in a state of nudity.
D.
It shall
be unlawful for an individual, person, corporation, or association
that manages, or operates a Sexually Oriented Business to intentionally
or knowingly allow an individual to appear on the premises of said
establishment in a state of semi-nudity.
E.
It shall
be unlawful for an owner-operator of a Sexually Oriented Business
to intentionally or knowingly allow an individual to appear on the
premises of said establishment in a state of nudity.
F.
It shall
be unlawful for an owner-operator of a Sexually Oriented Business
to intentionally or knowingly allow an individual to appear on the
premises of said establishment in a state of semi-nudity.
(Ordinance 1844, 3-24-09)
(a)
It
shall be the duty of the operator of a Sexually Oriented Business
to:
(i)
ensure that at least two conspicuous signs, visible from a public
right-of-way, stating that no loitering is permitted on the premises
are posted on the exterior of the structure;
(ii)
designate one or more employees to monitor the parking lot of the premises by the use of video cameras and monitors, which shall operate and record continuously at all times that the premises are open for business. The monitors shall be installed within a manager’s station, and the operator of a Sexually Oriented Business shall preserve the recordings of the parking lot of the premises for a period of not less than thirty (30) days before the recordings may be erased. Recordings maintained under this Section are subject to the inspection requirements set forth in Section 18-83.
(b)
No
Sexually Oriented Business shall erect a fence, wall, or similar barrier
that prevents any portion of the parking lot(s) for the establishment
from being visible from a public right-of-way.
(c)
It
shall be unlawful for a person having a duty under this section to
intentionally or knowingly fail to fulfill that duty.
(Ordinance 1844, 3-24-09)
