Within this article, the following terms shall have the following meanings:
Adult arcade.
A commercial establishment where 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 (5) 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.”
Adult bookstore or adult video store.
A commercial establishment which as one (1) of its principal business purposes offers for sale or rental for any form of consideration any one (1) or more of the following:
(1) 
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or videos reproductions, slides, or other visual representations which depict or describe “specified sexual activities” or “specified anatomical areas”; or
(2) 
Instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual activities.”
Adult cabaret.
A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) 
Persons who appear in a state of nudity;
(2) 
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(3) 
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.
Adult motel.
A hotel, motel or similar commercial establishment which:
(1) 
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, 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; or [sic]
Adult motion picture theater.
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.
Adult theater.
A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
Chief of police.
The chief of police of the city or his designated agent.
Church.
A building used principally for religious worship in which persons assemble for religious purposes at least once each week, which is owned by such persons, or leased by them for a period of at least one (1) year.
Disqualifying offense.
Any crime involving an offense against the person, such as those described in title 5 of the Texas Penal Code; and offense against the family, such as those described in title 6 of the Texas Penal Code; an offense involving prostitution, obscenity or controlled substances; an offense involving organized crimes, such as those described in title 11 of the Texas Penal Code; or an offense involving a violation of the provisions of this article.
Escort.
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.
Escort agency.
A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.
Establishment.
Includes any of the following:
(1) 
The opening or commencement of any sexually oriented business as a new business;
(2) 
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) 
The addition of any sexually oriented business; and
(4) 
The relocation of any sexually oriented business.
Licensee.
A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license.
Massage business.
Any premises or business location at which massage therapy is offered or performed for the purpose of providing sexual stimulation or sexual gratification to the customer for any form of consideration; provided that any premises or business location at which massage therapy is offered or performed solely for therapeutic purposes shall not be included within the definition of this term for purposes of this article. Within this definition, massage therapy shall have the meaning given in V.T.C.A., Occupations Code, chapter 455, or in any successor or amendment thereto.
Nude model studio.
A commercial establishment where a person who appears in a state of nudity or displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
Nudity or a state of nudity.
(1) 
The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast; or
(2) 
A state of dress that fails to opaquely cover a human buttock, anus, male genitals, female genitals, or any part of the female breast below the top of the areola.
Operates or causes to be operated.
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, or licensee of the business.
Semi-nude.
A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, and any part of the female breast below the top of the areolae, as well as portions of the body covered by supporting straps or devices.
Sexual encounter center.
A business or commercial enterprise that, as one (1) of its primary business purposes, offers for any form of consideration:
(1) 
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) 
Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
Sexually oriented business.
An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, sexual encounter center, massage business, or nude model studio.
Specified anatomical areas.
Human genitals in a state of sexual arousal.
Specified 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; or
(4) 
Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) above.
(Ordinance 01-2014 adopted 1/9/14)
(a) 
It shall be unlawful for any person to operate or cause to be operated a sexually oriented business within one thousand (1,000) feet of:
(1) 
A church;
(2) 
A public, private or parochial elementary or secondary school;
(3) 
A lot devoted to residential use;
(4) 
Another sexually oriented business; or
(5) 
A public park.
(b) 
For the purposes of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest property line of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, elementary or secondary school, residential lot, other sexually oriented business, or public park.
(Ordinance 01-2014 adopted 1/9/14)
The location restrictions contained in section 4.06.002 shall not apply to sexually oriented businesses lawfully operating on March 21, 1995, or to sexually oriented businesses lawfully operating as of the date of annexation within areas annexed by the city subsequent to March 21, 1995; provided, that should any such place of business discontinue operation for a continuous period of more than thirty (30) days, then the location restrictions in section 4.06.002 shall thereafter apply to the business.
(Ordinance 01-2014 adopted 1/9/14)
(a) 
All sexually oriented businesses.
All premises used in connection with sexually oriented businesses shall be periodically inspected by the chief of police for compliance with the requirements of this subsection:
(1) 
Separate toilet facilities for men and women shall be provided on the premises.
(2) 
Persons under the age of eighteen (18) shall not be permitted on the premises of the business.
(3) 
Alcoholic beverages shall not be sold or provided on the premises of the business except in compliance with a current valid license or permit issued by the state alcoholic beverage commission.
(4) 
For businesses where no alcoholic beverages are sold or provided, the business shall not operate between the hours of 1:00 a.m. and 1:00 p.m. on a Sunday or between 12:00 a.m. and 7:00 a.m. on any other day. For businesses where alcoholic beverages are sold or provided, the business shall operate at any time when the sale of alcoholic beverages is not prohibited. No customer shall be permitted to enter upon or remain on the business premises at any time other than during the permitted hours of operation.
(5) 
The business shall not have any bedroom, sleeping quarters, residence or living quarters on the premises of the business.
(6) 
The business hours of the premises shall be plainly posted at each entrance to the business.
(7) 
Doors to individual customer service areas, rooms, viewing booths or cubicles shall not be capable of being locked.
(8) 
Massage therapists shall wear clothing that covers the anus, female breast and the entire genitals during the performing of massage therapy.
(b) 
Escort agencies.
(1) 
An escort agency shall not employ any person under the age of eighteen (18) years.
(2) 
It shall be unlawful for any person to act as an escort or agree to act as an escort for any person under the age of eighteen (18) years.
(c) 
Nude model studios.
(1) 
A nude model studio shall not employ any person under the age of eighteen (18) years.
(2) 
It shall be unlawful for any person under the age of eighteen (18) years to appear in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under eighteen (18) years was in a restroom not open to public view or persons of the opposite sex.
(3) 
It shall be unlawful for any person to appear in a state of nudity or knowingly allow another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.
(4) 
A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.
(d) 
Adult theaters and adult motion picture theaters.
(1) 
It shall be unlawful for any person to knowingly allow a person under the age of eighteen (18) years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
(2) 
It shall be unlawful for any person under the age of eighteen (18) years to knowingly appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
(3) 
It is a defense to prosecution under subsections (1) and (2) of this section if the person under eighteen (18) years was in a restroom not open to public view or persons of the opposite sex.
(e) 
Adult motels.
(1) 
Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this article.
(2) 
It shall be unlawful for any person in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business license, to rent or subrent a sleeping room to a person and, within ten (10) hours from the time the room is rented, rent or subrent the same sleeping room again.
(3) 
For purposes of subsection (1) of this section, the terms “rent” or “subrent” mean the act of permitting a room to be occupied for any form of consideration.
(f) 
Exhibition of sexually explicit films or videos.
(1) 
A person who operates or causes to be operated a sexually oriented business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film video cassette, or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(A) 
Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’s stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager’s station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; however each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches. The chief of police may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(B) 
The application shall be sworn to be true and correct by the applicant.
(C) 
No alteration in the configuration or location of a manager’s station may be made without the prior approval of the chief of police or his designee.
(D) 
It is the duty of the owners and operator of the premises to ensure that at least one (1) employee is on duty and situated in each manager’s station at all times that any patron is present inside the premises.
(E) 
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two (2) or more manager’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one (1) of the manager’s stations. The view required in this subsection must be by direct line of sight from the manager’s station.
(F) 
It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in subsection (f)(1)(E) above remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (f)(1)(A) above of this section.
(G) 
The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one (1.0) footcandle as measured at the floor level.
(H) 
It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present in the premises to ensure that the illumination described above, is maintained at all times that any patron is present in the premises.
(2) 
It shall be unlawful for any person having a duty under subsections (f)(1)(A) through (f)(1)(H) of this section to knowingly fail to fulfill that duty.
(Ordinance 01-2014 adopted 1/9/14)
(a) 
The entire premises of every sexually oriented business shall be deemed to be a public place and shall not during business hours have its entrances or exits locked or obstructed in any way so as to prevent free ingress or egress of persons.
(b) 
The licensee of every sexually oriented business shall allow the inspection of the premises by the police chief at any time during business hours.
(Ordinance 01-2014 adopted 1/9/14)
(a) 
The violation of any provision of this article, including the doing of anything which is herein prohibited or declared to be unlawful or the failure to do anything or perform any duty which is required herein, shall be punishable as provided by section 243.010(b) of the Local Government Code, as amended, as a class A misdemeanor.
(b) 
To prohibit the violation of a regulation in this article, the city attorney may file suit in the district court for an injunction.
(Ordinance 01-2014 adopted 1/9/14)
No person shall operate a sexually oriented business without first obtaining a sexually oriented business license issued by the city pursuant to the provisions of this article.
(Ordinance 01-2014 adopted 1/9/14)
(a) 
Applications for sexually oriented business licenses shall be filed with the city secretary on a form to be furnished by the city secretary. Applications shall contain at least the following information:
(1) 
The type of ownership of the business, i.e., whether individual, partnership, corporation or otherwise;
(2) 
The trade name under which the business is to be conducted and the type(s) of sexually oriented businesses to be operated on the premises;
(3) 
The address and all telephone numbers to be used in connection with the business;
(4) 
The following information concerning the applicant if an individual or concerning each stockholder holding more than ten (10) percent of the stock of the corporation and each officer and each director if the applicant is a corporation or concerning each partner, including limited partners, if the applicant is a partnership and concerning the manager or other person principally in charge of the operation of the business:
(A) 
Name, residence address and residence telephone number;
(B) 
The two (2) most recent previous addresses;
(C) 
Date of birth and driver’s license number;
(D) 
Height, weight, color of hair and eyes and sex;
(E) 
Business history and experience in connection with sexually oriented businesses, including whether or not the person has previously or is currently participating in the ownership or operation of a sexually oriented business in this or another city or state; and if a license or permit was or is required for the business, whether a permit has ever been denied, revoked or suspended and, if so, the reason for that action;
(F) 
Any convictions for any felony or for any misdemeanor involving prostitution, obscenity or controlled substances, indicating the type of crime and the date and place of conviction;
(5) 
Such other information as the police chief deems necessary to determine the truth of the matters required to be set forth in the application;
(6) 
Authorization for the city, its agents and employees to conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the license; and
(7) 
A statement by the applicant under oath that the information contained in the application is true and correct. For this purpose, an authorized corporate officer may execute the statement on behalf of a corporation, and an authorized partner may execute the statement on behalf of a partnership.
(b) 
Each application shall be accompanied by payment of the license fee as established by separate ordinance. License fees shall not be refundable.
(Ordinance 01-2014 adopted 1/9/14)
(a) 
Upon the city secretary’s receipt of an application for a sexually oriented business permit, the chief of police shall conduct an investigation into the applicant’s business and personal history. The chief of police may require a personal interview of the applicant and such further information as shall bear on the investigation.
(b) 
The chief of police shall also conduct an investigation of the premises where the sexually oriented business is to be operated to determine whether the premises comply with the requirements of this article as well as all other applicable building and health regulations.
(c) 
Before any license is issued under this article, the chief of police shall provide written application notice to the applicant as to the decision. In the event an application is denied, the notice shall include the reasons for the denial of the permit.
(Ordinance 01-2014 adopted 1/9/14)
(a) 
The city secretary shall issue a sexually oriented business license within thirty (30) days of receipt of the application unless the chief of police finds that:
(1) 
The premises do not comply with all applicable laws, including but not limited to the requirements of this article and the city’s building and health regulations;
(2) 
The applicant, if an individual, or any of the stockholders holding more than ten (10) percent of the stock of the corporation or any of the officers and directors if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership or the manager or other person principally in charge of the operation of the business has been convicted of any disqualifying offense in any state, of any facilitation, attempt, conspiracy, or solicitation to commit any of the disqualifying offenses, unless the conviction occurred at least five (5) years prior to the date of the application. If the person was incarcerated in a penal facility in connection with the conviction, then the five-year period shall run from the date of release from incarceration;
(3) 
Any employee of the applicant’s business has been convicted in any state of any disqualifying offense in connection with the business unless the conviction occurred at least five (5) years prior to the date of the application; provided that if the person was incarcerated in a penal facility in connection with the conviction, then the five- year period shall run from the date of release from incarceration;
(4) 
The applicant has knowingly made any false, misleading or fraudulent statement of fact in the course of the application procedure or in any document required by the city in connection therewith; or
(5) 
The applicant has had a sexually oriented business license or permit denied or revoked by the city or any other state or local agency within three (3) years prior to the date of the application.
(b) 
Sexually oriented business licenses shall contain the name and address of the licensee, the name, address and type(s) of business for which the license is issued and the expiration date of the license.
(Ordinance 01-2014 adopted 1/9/14)
(a) 
Any applicant denied a license shall have the right of appeal to city council. This appeal shall be taken by filing with the city secretary a written statement setting forth fully the grounds for the appeal within ten (10) days after notice of the denial is given to the applicant.
(b) 
The city secretary shall provide for a hearing for the appeal at the earliest convenient regular council meeting and shall notify the applicant by certified mail and the police chief of the date and time of the hearing. The police chief may file a written response to the appeal with the city secretary, a copy of which shall by provided by the city secretary to the applicant. The issue at the hearing shall be to determine whether grounds for the denial exist under section 4.06.034(a).
(c) 
The council shall by majority vote either sustain the action of the chief of police or direct the issuance of the license.
(Ordinance 01-2014 adopted 1/9/14)
Every sexually oriented business shall display its business license at all times in an open and conspicuous place on the premises of the business.
(Ordinance 01-2014 adopted 1/9/14)
(a) 
Should any sexually oriented business have more than one (1) location, then a separate license shall be required for each location.
(b) 
All sexually oriented business licenses shall expire on December 31 of the year in which issued. No proration of license fees shall be made for issuance of license during the course of the year.
(c) 
Sexually oriented business licenses shall not be renewed without following the procedures for applying for the original license.
(Ordinance 01-2014 adopted 1/9/14)
(a) 
The chief of police shall suspend a sexually oriented business license upon the licensee or the manager of the business being charged with any disqualifying offense or upon any employee of the business being charged with any disqualifying offense in connection with the business. This suspension period shall coincide with the time during which the charges remain pending.
(b) 
The chief of police shall suspend a license for a period not to exceed thirty (30) days if he determines that a licensee or an employee of the licensee has:
(1) 
Engaged in excessive use of alcoholic beverages while on the sexually oriented business premises;
(2) 
Refused to allow an inspection of the sexually oriented business premises as authorized by this article;
(3) 
Knowingly permitted gambling by any person on the sexually oriented business premises;
(4) 
Demonstrated inability to operate or manage a sexually oriented business in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.
(c) 
The chief of police shall revoke a sexually oriented business license for the remainder of its term upon the licensee or the manager of the business being convicted of any disqualifying offense or upon any employee being convicted of any disqualifying offense in connection with the operation of the business.
(d) 
The chief of police shall revoke a sexually oriented business license for the remainder of its term if the chief of police determines that:
(1) 
A cause of suspension in subsection (b) of this section occurred and the license was suspended within the preceding twelve (12) months;
(2) 
A licensee gave false or misleading information in the material submitted to the chief of police during the application process;
(3) 
A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises;
(4) 
A licensee or an employee has knowingly allowed prostitution on the premises;
(5) 
A licensee or an employee knowingly operated the sexually oriented business during a period of time when the licensee’s license was suspended;
(6) 
On two (2) or more occasions within a twelve-month period, a person or persons committed a disqualifying offense occurring in or on the licensed premises for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed;
(7) 
A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the licensed premises. The term “sexual contact” shall have the same meaning as it is defined in section 21.01, Texas Penal Code; or
(8) 
A licensee is delinquent in payment to the city for hotel occupancy taxes, ad valorem taxes, or sales taxes related to the sexually oriented business.
(e) 
The fact that a conviction is being appealed shall have no effect on the revocation of the license.
(f) 
Subsection (d)(7) above does not apply to adult motels as a ground for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in a public place or within public view.
(g) 
The chief of police shall notify the licensee of any suspension or revocation at least ten (10) days in advance of its effective date. Within ten (10) days of receipt of a notice of suspension or revocation, a licensee may appeal the police chief’s action to the city council by filing a written notice with the city secretary setting forth specifically the grounds for the appeal. The city secretary shall provide for a hearing on the appeal at the earliest convenient regular council meeting and shall notify the licensee by certified mail of the date and time of the hearing. The issue at the hearing shall be whether grounds exist under subsections (a) through (e) of this section for the suspension or revocation. The council shall by majority vote either sustain or rescind the action of the chief of police.
(Ordinance 01-2014 adopted 1/9/14)