It is the purpose of this article to regulate sexually oriented
businesses to promote the health, safety, morals, and general welfare
of the citizens of 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 or effect of this article
to restrict or deny access by adults to sexually oriented materials
protected by the First Amendment to the United States Constitution
or to deny [access] by the distributors and exhibitors of sexually
oriented entertainment to their intended market.
(2001 Code, sec. 4.1101)
In this article:
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 depicting or
describing of “specified sexual activities” or “specified
anatomical areas.”
A commercial establishment which as its principal business
purpose 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, slides,
objects, or other visual representations, which depict or describe
specified sexual activities or specified anatomical areas; or
Instruments, devices, or paraphernalia which are designed or
manufactured 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:
Persons who appear in a state of nudity, semi-nudity, or simulated
nudity;
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
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.
A hotel, motel, or similar commercial establishment which:
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 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.
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 commercial establishment which as its principal business
purpose offers, services or sells products to customers and in which
one or more of the employees or the customer appears in a state of
nudity, semi-nudity, or simulated nudity.
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity, semi-nudity, or simulated nudity, or live performances
which are characterized by the exposure of specified anatomical areas
or by specified sexual activities.
The chief of police of the city or the chief’s designated
representative.
Any person who:
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; or
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 such service or
work from the operator or owner of the sexually oriented business
or from its customers.
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 furnishes, offers to
furnish, or advertises to furnish escorts as its principal business
purpose, for a fee, tip, or other consideration.
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 method of treating the superficial parts of a customer
for medical, hygienic, exercise, or relaxation purposes by rubbing,
stroking, kneading, tapping, pounding, vibrating or stimulating with
the hands, feet, or any other instrument.
Any place where a person who appears in a state of nudity,
semi-nudity, or simulated 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.
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, proprietorship, partnership, corporation,
association, or other legal entity.
Over thirty-five percent of customers, volume of sales, stock
in trade, display areas, or presentation time in any three-month increment
period beginning from the date of issuance of a certificate of occupancy.
Stock in trade shall be measured with all titles or objects available
on the premises for sale or rental, including those that are identical,
considered a separate title or object.
Featuring, promoting, or advertising a happening or occurrence
on a recurring basis.
A district zoned for residential uses.
A one-family, two-family, or multiple dwelling, mobile home,
or manufactured home, as defined in the zoning regulations of the
city.
A state of dress in which opaque clothing covers no more
than the genitals, pubic region, buttocks, and areola of the female
breast, as well as parts of the body covered by supporting straps
or devices.
An establishment that is operated for the purpose of giving
massages, at the establishment or on a home call basis, that are intended
to provide sexual stimulation or sexual gratification in combination
with a massage.
A business or commercial enterprise that, as its principal
business purpose, offers for any form of consideration:
Sexually oriented business means:
An adult arcade, adult bookstore, adult video store, adult novelty
store, adult service establishment, adult cabaret, adult motel, adult
theater, adult motion picture theater, escort agency, nude model business,
sex parlor, or sexual encounter center; and/or
Any establishment 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, semi-nudity, or simulated
nudity.
The term “sexually oriented business” shall not
be construed to include:
Any business operated by or employing licensed psychologists,
licensed physical therapists, registered massage therapists, registered
nurses, or licensed athletic trainers in the practice of their professions;
Any business operated by or employing licensed physicians or
licensed chiropractors engaged in practicing the healing arts;
Any retail establishment whose principal business is the offering
of wearing apparel for sale to customers and which does not exhibit
merchandise on live models; or
Any activity conducted or sponsored by any Texas 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 in a state of sexual arousal.
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; or
Excretory functions.
(2001 Code, sec. 4.1102)
Any person who violates any of the provisions of this article shall be guilty of a misdemeanor, and upon conviction shall be fined in accordance with the general penalty provision found in section 1.01.009 of this code, for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(2001 Code, sec. 4.1121)
(a)
It is a defense to prosecution under sections 4.10.005, 4.10.031, and 4.10.073 that a person appearing in a state of nudity, semi-nudity, or simulated nudity did so in a modeling class operated:
(1)
By a proprietary school licensed by the state; a college, junior
college, or university supported entirely or partly by taxation;
(2)
By a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation; or
(3)
In a structure:
(A)
Which has no sign or other advertising visible from the exterior
of the structure indicating a nude or partially nude person is available
for viewing;
(B)
Where in order to participate in a class a student must enroll at
least three days in advance of the class; and
(C)
Where no more than one nude or semi-nude model is on the premises
at any one time.
(2001 Code, sec. 4.1122)
A person commits an offense if he establishes, operates, or
causes to be operated or expanded a sexually oriented business at
a location in violation of the zoning regulations of the city, as
amended.
(2001 Code, sec. 4.1103)
