(a) 
The Texas Legislature has found that the unrestricted operation of certain sexually oriented businesses may be detrimental to the public health, safety and welfare by contributing to the decline of residential and business neighborhoods and the growth of criminal activity, Tex. Local Govt. Code Ann. Section 243.001(a). The purpose of this article to regulate sexually oriented businesses is to promote the health, safety, morals and general welfare of the citizens of the city, to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the city, to deter sexually related criminal activity occurring in and around sexually oriented businesses and to protect the health of patrons and employees of such businesses from sexually transmitted diseases. 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 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.
(b) 
It is the intent of the city council that the locational regulations of Section 4.1013 of this article are promulgated pursuant to Tex. Local Govmt. Code Ann. Chapter 243 as they apply to 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 similar 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. It is the intent of the city council that all other provisions of this article are promulgated pursuant to the Hillsboro City Charter and Tex. Local Govmt. Code Ann. Chapter 243 and Subchapter D of Chapter 215.
(c) 
It is the intent of the city council to protect and preserve the health, safety and welfare of the patrons of "adult oriented establishments," as well as the health, safety and welfare of the town's citizens. Statistics and studies performed by a substantial number of cities and towns In the United States and research by the sexually oriented businesses task force indicate the following:
(1) 
large numbers of persons, primarily male, frequent such "adult oriented establishments," especially those which provide closed booths, cubicles, studios and rooms for the private viewing of so-called "adult" motion pictures and/or video tapes and/or live entertainment; and
(2) 
such closed booths, cubicles, studios and rooms have been used by patrons, clients or customers of such "adult oriented establishments" for the purpose of engaging in certain sexual acts; and
(3) 
male and female prostitutes have been known to frequent such establishments in order to provide sex for hire to the patrons, clients or customers of such establishments within such booths, cubicles and rooms; and
(4) 
doors, curtains, blinds and/or other closures installed in or on the entrances and/or exits of such booths, cubicles, studios and rooms which are closed while such booths, cubicles, studios and rooms are in use encourage patrons using such booths, cubicles, studios and rooms to engage in sexual acts therein with prostitutes and/or with other members of the same sex, thereby promoting and encouraging prostitution and the commission of sexual acts which cause blood, semen and urine to be deposited on the floor and/or walls of such booths, cubicles, studios and rooms, which deposits could prove detrimental to the health and safety of other persons who may come into contact with such deposits; and
(5) 
the reasonable regulation and supervision of such "adult oriented establishments" tends to discourage such sexual acts and prostitution, and thereby promotes the health, safety and welfare of the patrons, clients and customers of such establishments.
(6) 
the continued unregulated operation of adult oriented establishments including without limitation, those specifically cited in this provision, is and would be detrimental to the general welfare, health and safety of the citizens of Hillsboro.
(7) 
such reasonable regulations are within the powers granted to the city by the Constitution and laws of the State of Texas in order to protect the public health, safety and welfare and have been enacted by this article without any intention of limiting or restricting the contents of any communicative materials or of denying or restricting the rights of any adult to obtain, view, distribute, exhibit or sell any sexually oriented materials protected by the United States and/or State Constitution.
(Ordinance 95-02-21 adopted 2/21/95)
In this article:
Adult Arcade.
Means 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."
Adult Bookstore or Adult Video Store.
Means a commercial establishment which as one of its principal business purposes 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, or photographs, films, motion pictures, video cassettes or video 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.
Means a nightclub, bar, restaurant or similar commercial establishment which regularly features:
(1) 
persons who appear in a state of nudity; or
(2) 
live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities;" or
(3) 
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."
Adult Motel.
Means 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
(2) 
offers a sleeping room for rent for a period of time that is less than 10 hours; or
(3) 
allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
Adult Motion Picture Theater.
Means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, 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 Tanning Salons.
Means a business or commercial enterprise that, as one of its primary business purposes, furnishes, offers to furnish or advertises to furnish anyone who appears in a state of nudity or displays "specified anatomical areas" for a fee, tip or other consideration.
Adult Theater.
Means 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."
Director of Public Safety.
Means the director of public safety of the City of Hillsboro or his designated agent.
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, garments, apparel, devices or other such items or who agrees or offers to privately perform a striptease for another person.
Escort Agency.
Means 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.
Means and 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 to any other existing sexually oriented business; or
(4) 
the relocation of any sexually oriented business.
(5) 
a location and place of business.
Historic District.
Means a historic overlay zoning district as defined in the Hillsboro Zoning Code, as amended.
Licensed Daycare Center.
Means a facility licensed by the State of Texas that provides care, training, education, custody, treatment or supervision for more than four children under fourteen years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility, for less than twenty-four hours a day, regardless of whether or not the facility is operated for a profit or charges for the service it offers.
Licensee.
Means 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.
Nude Studio or Modeling Studio.
Means any place 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.
Operates or Causes to be Operated.
Means 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.
Nudity or a State of Nudity.
Means:
(1) 
entirely unclothed; or
(2) 
clothed in a manner that simulates or leaves uncovered or visible through less than fully opaque clothing any portion of the breasts below the top of the areola of the breasts, if the person is female, or any portion of the genitals or buttocks.
(3) 
This definition shall not include a mother in the act of nursing her child.
Person.
Means an individual, proprietorship, partnership, corporation, association or other legal entity.
Residential District.
Means a single family, duplex, townhouse, multiple family or mobile home zoning district as defined in the Hillsboro Zoning Ordinance on file in the office of the city secretary.
Residential Use.
Means a single family, duplex, multiple family, or "mobile home park, mobile home subdivision and campground" use as defined in the Hillsboro Zoning Ordinance on file in the office of the city secretary, and shall include premises which contain habitable rooms for nontransient occupancy and which are designed primarily for living, sleeping, cooking and eating therein. A premises which is designed primarily for living, sleeping, cooking and eating therein shall be deemed to be residential in character unless it is actually occupied and used exclusively for other purposes.
School.
Means a building where persons regularly assemble for the purpose of instruction or education together with the playgrounds, stadium and other structures or grounds used in conjunction therewith. The term is limited to:
(1) 
Public or private schools used for primary or secondary education, in which any regular kindergarten or grades one (1) through twelve (12) classes are taught; and
(2) 
Special educational facilities in which students who have physical or learning disabilities receive specialized education in lieu of attending regular classes in kindergarten or grades one (1) through twelve (12) classes.
Semi-Nude.
Means 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 areola, as well as portions of the body covered by supporting straps or devices.
Sexual Encounter Center.
Means a business or commercial enterprise that, as one 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.
Means 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, adult cabaret, escort agency 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 Anatomical Areas.
Means human genitals in a state of sexual arousal.
Specified Sexual Activities.
Means and 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 (1) through (3) above.
Substantial Enlargement.
Of a sexually oriented business means the increase in floor area occupied by the business by more than 25 percent, as the floor area exists on February 1, 1995.
Topless.
Means a female clothed in a manner that simulates or leaves uncovered or visible through less than fully opaque clothing any portion of her breasts below the top of the areola. (as taken from the Texas Penal Code, Section 43.251, Employment Harmful to a Minor with the addition of the words "simulates or.")
Transfer of Ownership or Control.
Of a sexually oriented business means and includes any of the following:
(1) 
the sale, lease or sublease of the business;
(2) 
the transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
(3) 
the establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ordinance 95-02-21 adopted 2/21/95)
(a) 
A person commits an offense if he operates a sexually oriented business without a valid license issued by the city for the particular type of business. A separate application and permit shall be required for each such business.
(b) 
An application for a license must be made on a form provided by the director of public safety. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who must comply with Section 4.1019 of this article shall submit a diagram meeting the requirements of Section 4.1019.
(c) 
The applicant must be qualified according to the provisions of this article.
(d) 
If a person who wishes to operate a sexually oriented business is an individual, he must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 20 percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under Section 4.1005 and each applicant shall be considered a licensee if a license is granted.
(e) 
An applicant shall be required to give the following information on the application form:
(1) 
The name, street address and mailing address (if different) and Texas Driver's License number of the intended operator(s) and the owners;
(2) 
The name under which the enterprise is to be operated and a general description of the services to be provided;
(3) 
The telephone number of the sexually oriented business;
(4) 
The address and legal description of the tract of land on which the sexually oriented business is to be located;
(5) 
If the sexually oriented business is in operation, the date on which the owner(s) acquired the sexually oriented business for which the permit is sought, and the date on which the sexually oriented business began operations as an sexually oriented business at the location for which the permit is sought;
(6) 
If the sexually oriented business is not in operation, the expected startup date (which shall be expressed in number of days from the date of issuance of the permit.) If the expected startup date is to be more than ten (10) days following the date of issuance of the permit, then a detailed explanation of the construction, repair or remodeling work or other cause of the unexpected delay and a statement of the owner's time schedule and plan for accomplishing the same;
(7) 
The application shall be accompanied by the following:
(A) 
A certified copy of the assumed name certificate filed in compliance with the Assumed Business or Professional Name Act (Texas Revised Civil Statutes, Annotated, Business and Commerce Code, Chapter 36) if the sexually oriented business is to be operated under an assumed name;
(B) 
If the sexually oriented business is a Texas corporation, a certified copy of the articles of incorporation, together with all amendments thereto;
(C) 
If the sexually oriented business is a foreign corporation, a certified copy of the articles of incorporation, together with all amendments thereto;
(D) 
If the sexually oriented business is a limited partnership formed under the laws of Texas, a certified copy of the certificate of limited partnership, together with all amendments thereto, filed in the Secretary of State under the Texas Limited Partnership Act (Article 6132a Vernon's Texas Civil Statutes);
(E) 
If the sexually oriented business is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto, filed with the Secretary of State under the Texas Limited Partnership Act (Article 6132a Vernon's Texas Civil Statutes);
(F) 
Proof of the current fee ownership of the tract of land on which the sexually oriented business is to be situated in the form of the recorded deed;
(G) 
If the persons identified as the fee owner(s) of the tract of land in subsection (F) above are not also the owners of the sexually oriented business, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owners or proposed owners of the sexually oriented business to have or obtain the use and possession of the tract or portion thereof that is to be used for the sexually oriented business for the purpose of the operation of the sexually oriented business;
(8) 
A statement under oath that the applicant has personal knowledge of the information contained in the application and that the information contained therein and furnished therewith is true and correct and that the applicant has read the provisions of this article.
(f) 
The applicant must state on the application for a license which single type of sexually oriented business, as listed in Section 4.1003, the applicant will be operating. Operating any other type of sexually oriented business at this location is a violation according to the provisions of this article.
(Ordinance 95-02-21 adopted 2/21/95)
(a) 
The director of public safety shall approve the issuance of a license by city manager to an applicant within 30 days after receipt of an application unless the chief of police finds one or more of the following to be true:
(1) 
An applicant is under 18 years of age.
(2) 
An applicant or an applicant's spouse is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or the applicant's spouse in relation to a sexually oriented business.
(3) 
An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.
(4) 
An applicant or an applicant's spouse has been convicted of a violation of a provision of this article, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application.
(5) 
Any fee required by this article has not been paid.
(6) 
An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding 12 months and has demonstrated an inability to operate or manage a sexually oriented business premises in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.
(7) 
An applicant or the proposed establishment is in violation of or is not in compliance with Section 4.1007, 4.1012, 4.1013, 4.1015, 4.1016, 4.1017, 4.1018, 4.1019, 4.1020, 4.1021, or 4.1022.
(8) 
An applicant or an applicant's spouse has been convicted of a crime:
(A) 
Involving:
(i) 
any of the following offenses as described in Chapter 43 of the Texas Penal Code:
(aa) 
prostitution;
(bb) 
promotion of prostitution;
(cc) 
aggravated promotion of prostitution;
(dd) 
compelling prostitution;
(ee) 
obscenity;
(ff) 
sale, distribution, or display of harmful material to minor;
(gg) 
sexual performance by a child;
(hh) 
possession of child pornography;
(ii) 
any of the following offenses as described in Chapter 21 of the Texas Penal Code:
(aa) 
public lewdness;
(bb) 
indecent exposure;
(cc) 
indecency with a child;
(iii) 
sexual assault or aggravated sexual assault as described in Chapter 22 of the Texas Penal Code;
(iv) 
incest, solicitation of a child, harboring a runaway child, or sale or purchase of a child as described in Chapter 25 of the Texas Penal Code; or
(v) 
criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses;
(B) 
For Which:
(i) 
less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
(ii) 
less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
(iii) 
less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24 month period.
(b) 
The fact that a conviction is being appealed has no effect on the disqualification of the applicant or applicant's spouse under subsection (a) above.
(c) 
An applicant who has been convicted or whose spouse has been convicted of an offense listed in subsection (a)(8)(A) may qualify for a sexually oriented business license only when the time period required by subsection (a)(8)(B) has elapsed.
(d) 
The director of public safety, upon approving issuance of a sexually oriented business license, shall send to the applicant by certified mail return receipt requested, written notice of that action and state where the applicant must pay the license fee and obtain the license. The director of public safety's approval of the issuance of a license does not authorize the applicant to operate a sexually oriented business until the applicant has paid all fees required by this article and obtained possession of the license.
(e) 
The license, if granted, must state on its face the name of the person or persons to whom it is granted, the expiration date and the address of the sexually oriented business. The license must be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
(f) 
Next to the license a sign at least twenty-four (24) inches square bearing red letters a minimum of two (2) inches high on a white background shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time providing the following notice: "Indecent exposure, prostitution, public lewdness and other such acts are illegal on these premises. These laws are strictly enforced and violators will be prosecuted to the full extent of the law. Therefore, you could receive up to one year in prison and be fined up to $4,000.00 if convicted of such acts."
(Ordinance 95-02-21 adopted 2/21/95)
(a) 
The annual fee for a sexually oriented business license shall be set by the city council and on file with the city secretary.
(b) 
In addition to the fees required by subsection (a), an applicant for an initial sexually oriented business license shall, at the time of making application, pay a nonrefundable fee as set by the city council and on file in the office of the city secretary for the city to conduct a survey to ensure that the proposed sexually oriented business is in compliance with the locational restrictions set forth in Section 4.1013.
(Ordinance 95-02-21 adopted 2/21/95)
(a) 
An applicant or licensee shall permit representatives of the police department, health department, fire department and building inspection division to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business.
(b) 
A person who operates a sexually oriented business or his agent or employee commits an offense if he refuses to permit a lawful inspection of the premises by a representative of the police department at any time it is occupied or open for business.
(c) 
The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.
(Ordinance 95-02-21 adopted 2/21/95)
Each license expires one year from the date of issuance, except that a license issued pursuant to a locational restriction expires on the date the exemption expires. A license may be renewed only by making an application as provided in Section 4.1004. Application for renewal should be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the expiration of the license will not be affected by the pendency of the application.
(Ordinance 95-02-21 adopted 2/21/95)
The director of public safety shall suspend a license for a period not to exceed 30 days if he determines that a licensee or an employee of a licensee has:
(1) 
violated or is not in compliance with Section 4.1007, 4.1012, 4.1013, 4.1015, 4.1016, 4.1017, 4.1018, 4.1019, 4.1020, 4.1021, or 4.1022 of this article;
(2) 
engaged in excessive use of alcoholic beverages while on the sexually oriented business premises;
(3) 
refused to allow an inspection of the sexually oriented business premises as authorized by this article,
(4) 
knowingly permitted gambling by any person on the sexually oriented business premises;
(5) 
demonstrated inability to operate or manage a sexually oriented business in a peaceful and law-abiding manner thus necessitating action by law enforcement officers.
(Ordinance 95-02-21 adopted 2/21/95)
(a) 
The director of public safety shall revoke a license if a cause of suspension in Section 4.1009 occurs and the license has been suspended within the preceding 12 months.
(b) 
The director of public safety shall revoke a license if the director of public safety determines that:
(1) 
a licensee gave false or misleading information in the material submitted to the director of public safety during the application process;
(2) 
a licensee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises;
(3) 
a licensee or an employee has knowingly allowed prostitution on the premises;
(4) 
a licensee or an employee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;
(5) 
a licensee has been convicted of an offense listed in Section 4.1005(a)(8)(A) for which the time period required in Section 4.1005(a)(8)(B) has not elapsed;
(6) 
on two or more occasions within a 12 month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in Section 4.1005(a)(8)(A) 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.
(c) 
The fact that a conviction is being appealed shall have no effect on the revocation of the license.
(d) 
Subsection (b)(7) 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.
(e) 
When the director of public safety revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date revocation became effective. If, subsequent to revocation, the director of public safety finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective. If the license was revoked under subsection (b)(5), an applicant may not be granted another license until the appropriate number of years required under Section 4.1005(a)(8)(B) has elapsed.
(Ordinance 95-02-21 adopted 2/21/95)
If the director of public safety denies the issuance or renewal of a license, or suspends or revokes a license, the director of public safety shall send to the applicant or licensee, by certified mail, return receipt requested, written notice of the action and the right to an appeal. Upon receipt of written notice of the denial, suspension, or revocation, the applicant or licensee whose application for a license or license renewal has been denied or whose license has been suspended or revoked has the right to appeal to the state district court. An appeal to the state district court must be filed within 30 days after the receipt of notice of the decision of the director of public safety. The applicant or licensee shall bear the burden of proof in court.
(Ordinance 95-02-21 adopted 2/21/95)
A licensee shall not transfer his license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.
(Ordinance 95-02-21 adopted 2/21/95)
(a) 
A person commits an offense if he operates or causes to be operated a sexually oriented business within 1,000 feet of:
(1) 
a church;
(2) 
a school;
(3) 
a boundary of a residential or historic district as defined in this article;
(4) 
a public park;
(5) 
the property line of a lot devoted to a residential use as defined in this article;
(6) 
a hospital;
(7) 
a licensed daycare center;
(8) 
buildings and property owned or leased by the city, county, state or federal government; and
(9) 
cemeteries.
(b) 
A person commits a misdemeanor if he causes or permits the operation, establishment, substantial enlargement or transfer of ownership or control of a sexually oriented business within 1,000 feet of another sexually oriented business.
(c) 
A person commits a misdemeanor if he causes or permits the operation, establishment, or maintenance of more than one sexually oriented business in the same building, structure or portion thereof, or if he causes or permits the increase of floor area of any sexually oriented business in any building, structure or portion thereof containing another sexually oriented business.
(d) 
For the purposes of subsection (a), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, school, licensed daycare center, government building, cemetery or hospital or to the nearest boundary of an affected public park, residential district, historic district or residential lot.
(e) 
For purposes of subsection (b) above, the distance between any two sexually oriented businesses shall be measured in a straight line without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(f) 
Any sexually oriented business lawfully operating on February 27, 1995 that is in violation of subsections (a), (b), or (c) above shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed eighteen (18) months, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually oriented businesses are within 1,000 feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later established business(es) is nonconforming.
(g) 
A sexually oriented business fully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the sexually oriented business license of a church, school, public park, residential district, historic district, residential lot, licensed daycare center, government building, cemetery or hospital within 1,000 feet of the sexually oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked.
(Ordinance 95-02-21 adopted 2/21/95)
(a) 
If the director of public safety denies the issuance of a license to an applicant because the location of the sexually oriented business establishment is in violation of Section 4.1013 of this article, then the applicant may, not later than 10 calendar days after receiving notice of the denial, file with the city secretary a written request for an exemption from the locational restrictions of Section 4.1013.
(b) 
If the written request is filed with the city secretary within the 10 day limit, the city council of the City of Hillsboro shall consider the request. The city secretary shall set a date for the hearing within 60 days from the date the written request is received.
(c) 
A hearing by the city council of Hillsboro may proceed if at least a quorum of the council members are present. The city council shall hear and consider evidence offered by any interested person. The formal rules of evidence do not apply.
(d) 
The city council of Hillsboro may in its discretion, grant an exemption from the locational restrictions of Section 4.1013 if it makes the following findings:
(1) 
that the location of the proposed sexually oriented business will not have a detrimental effect on nearby properties or be contrary to the public safety or welfare;
(2) 
that the granting of the exemption will not violate the spirit and intent of this article of the city code;
(3) 
that the location of the proposed sexually oriented business will not downgrade the property values or quality of life in the adjacent areas or encourage the development of urban blight;
(4) 
that the location of an additional sexually oriented business in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any efforts of urban renewal or restoration; and
(5) 
that all other applicable provisions of this article will be observed.
(e) 
The city council shall grant or deny the exemption by a majority vote. Failure to reach a majority vote shall result in denial of the exemption. Disputes of fact shall be decided on the basis of a preponderance of the evidence. The decision of the city council is final.
(f) 
If the city council grants the exemption, the exemption is valid for one year from the date of the city council's action. Upon the expiration of an exemption, the sexually oriented business is in violation of the locational restrictions of Section 4.1013 until the applicant applies for and receives another exemption.
(g) 
If the city council denies the exemption, the applicant may not reapply for an exemption until at least 12 months have elapsed since the date of the city council's action.
(h) 
The grant of an exemption does not exempt the applicant from any other provisions of this article other than the locational restrictions of Section 4.1013.
(Ordinance 95-02-21 adopted 2/21/95)
(a) 
A nude studio or modeling studio shall not employ any person under the age of 18 years.
(b) 
A person commits an offense if he/she knowingly allows a person under the age of 18 years to appear in a state of nudity in or on the premises of an nude studio or modeling studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.
(c) 
A person under the age of 18 years commits an offense if he/she appears in a state of nudity in or on the premises of a nude studio or modeling studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.
(d) 
A person commits an offense if he/she appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude studio or modeling studio premises which can be viewed from the public right-of-way.
(e) 
A nude studio or modeling studio shall not place or permit a bed, sofa, mattress or futon in any room on the premises, except that a sofa may be placed in a reception room open to the public.
(Ordinance 95-02-21 adopted 2/21/95)
(a) 
A person commits an offense if he/she knowingly allows a person under the age of 18 years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
(b) 
A person under the age of 18 years commits an offense if he/she knowingly appears in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
(c) 
It is a defense to prosecution under subsections (a) and (b) above if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.
(d) 
Every act or omission by an employee constituting a violation of the provisions of this article shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
(e) 
An operator shall be responsible for the conduct of all employees while on the licensed premises, and any act or omission of any employee constituting a violation of the provisions of this article shall be deemed the act or omission of the operator for purposes of determining whether the operator shall be subject to the penalties imposed by this article.
(Ordinance 95-02-21 adopted 2/21/95)
(a) 
Evidence that a sleeping room in a hotel, motel or similar commercial establishment has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this article.
(b) 
A person commits an offense if, as the person in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have a sexually oriented business license, he rents or subrents a sleeping room to a person and, within 10 hours from the time the room is rented, he rents or subrents the same sleeping room again.
(c) 
For purposes of subsection (b) above, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration.
(d) 
Every act or omission by an employee constituting a violation of the provisions of this article shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
(e) 
An operator shall be responsible for the conduct of all employees while on the licensed premises, and any act or omission of any employee constituting a violation of the provisions of this article shall be deemed the act or omission of the operator for purposes of determining whether the operator shall be subject to the penalties imposed by this article.
(Ordinance 95-02-21 adopted 2/21/95)
(a) 
In order to decrease the possibility of lewd behavior (such as anonymous, public sexual encounters which cause the spread of STD's and HIV), 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 300 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:
(1) 
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 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 inches. The director of public safety 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.
(2) 
The application shall be sworn to be true and correct by the applicant.
(3) 
No alteration in the configuration or location of a manager's station may be made without the prior approval of the director of public safety or his designee.
(4) 
It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
(5) 
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 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 of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
(6) 
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 (5) remains unobstructed by any doors, walls, curtains, partitions or any other opaque coverings, 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 (1) above.
(7) 
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.
(8) 
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.
(b) 
A person having a duty under subsections (1) through (8) of subsection (a) above commits an offense if he/she knowingly fails to fulfill that duty.
(c) 
Every act or omission by an employee constituting a violation of the provisions of this article shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
(d) 
An operator shall be responsible for the conduct of all employees while on the licensed premises, and any act or omission of any employee constituting a violation of the provisions of this article shall be deemed the act or omission of the operator for purposes of determining whether the operator shall be subject to the penalties imposed by this article.
(Ordinance 95-02-21 adopted 2/21/95)
(a) 
Every sexually oriented business shall be physically arranged in a manner that the entire interior portion of any areas into which patrons are permitted access (including all booths, cubicles, rooms and stalls except adult motel rooms and toilet facilities) shall be clearly visible from the common areas of the premises and the visibility into such areas shall not be blocked or obscured by doors, screens, curtains, partitions, drapes, merchandise, display racks, other materials or any other opaque obstruction whatsoever.
(b) 
All interior walls, partitions or other dividers of any areas into which patrons are allowed access (including all booths, cubicles, rooms and stalls except adult motel rooms and toilet facilities) shall be continuous from the floor to four feet (4') high with no apertures, holes or other openings.
(c) 
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 all interior walls, partitions or other dividers of any areas into which patrons are allowed access and designating any area into which patrons will not be permitted. 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 inches. The director of public safety 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. The application shall be sworn to be true and correct by the applicant. No alteration in the configuration or location of an interior wall, partition or other divider may be made without the prior approval of the director of public safety or his designee.
(d) 
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 (a) remains unobstructed by any doors, walls, curtains, partitions, any other opaque coverings, 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 (c) above.
(e) 
The premises of the view area specified in subsection (a) 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.
(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 illumination described above is maintained at all times that any patron is present in the premises.
(g) 
A person having a duty under subsections (a) through (f) of this section commits an offense if he/she knowingly fails to fulfill that duty.
(h) 
Every act or omission by an employee constituting a violation of the provisions of this article shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
(i) 
An operator shall be responsible for the conduct of all employees while on the licensed premises, and any act or omission of any employee constituting a violation of the provisions of this article shall be deemed the act or omission of the operator for purposes of determining whether the operator shall be subject to the penalties imposed by this article.
(Ordinance 95-02-21 adopted 2/21/95)
(a) 
Any dance, performance, exhibition or show by an employee in a state of nudity or seminudity shall occur on a platform which is raised at least two feet (2') from the level of the floor.
(b) 
No dance, performance, exhibition or show by an employee in a state of nudity or seminudity shall occur closer than four feet (4) to any patron or clientele.
(c) 
Every act or omission by an employee constituting a violation of the provisions of this article shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
(d) 
An operator shall be responsible for the conduct of all employees while on the licensed premises, and any act or omission of any employee constituting a violation of the provisions of this article shall be deemed the act or omission of the operator for purposes of determining whether the operator shall be subject to the penalties imposed by this article.
(Ordinance 95-02-21 adopted 2/21/95)
(a) 
A person commits an offense if, in a business establishment open to persons under the age of 17 years, he displays a book, pamphlet, newspaper, magazine, film or video cassette, the cover of which depicts, in a manner calculated to arouse sexual lust or passion for commercial gain or to exploit sexual lust or perversion for commercial gain, 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, buttocks 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 cover or outside packaging on the item is visible to members of the general public.
(c) 
Every act or omission by an employee constituting a violation of the provisions of this article shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge or approval of the operator, or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission.
(d) 
An operator shall be responsible for the conduct of all employees while on the licensed premises, and any act or omission of any employee constituting a violation of the provisions of this article shall be deemed the act or omission of the operator for purposes of determining whether the operator shall be subject to the penalties imposed by this article.
(Ordinance 95-02-21 adopted 2/21/95)
(a) 
Except as provided by subsection (b) below, any person violating Section 4.1013 of this article upon conviction is punishable as a Class A misdemeanor by a fine in accordance with the general penalty provision set forth in Section 1.109 of this code and a separate offense shall be deemed committed upon each day during or on which a violation occurs.
(b) 
If the sexually oriented business involved is an adult cabaret or other adult establishment not within the definition of Section 243.002 of the Local Government Code, then violation of Section 4.1013 of this article is punishable as a Class C misdemeanor.
(c) 
Any person violating a provision of this article other than Section 4.1013, upon conviction is punishable by a fine in accordance with the general penalty provision set forth in Section 1.109 of this code for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs.
(d) 
It is a defense to prosecution under Section 4.1004(a), 4.1013, or 4.1016(d) that a person appearing in a state of nudity did so in a modeling class operated:
(1) 
by a proprietary school licensed by the State of Texas; 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 visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
(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 model is on the premises at any one time.
(e) 
It is a defense to prosecution under Section 4.1004(a) or Section 4.1013 that each item of descriptive, printed, film or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political or scientific value.
(f) 
For a period of eighteen (18) months after passage of this article, it is a defense to prosecution under Section 4.1019 if the sexually oriented business was in operation at its present location on the date of passage of this article and that the business is working toward compliance with Section 4.1019 such that the business is projected to be in compliance by the end of eighteen (18) months after passage of this article.
(g) 
For a period of eighteen (18) months after passage of this article, it is a defense to prosecution under Section 4.1020 if the sexually oriented business was in operation at its present location on the date of passage of this article and that the business is working toward compliance with Section 4.1020 such that the business is projected to be in compliance by the end of eighteen (18) months after passage of this article.
(h) 
For a period of eighteen (18) months after passage of this article, it is a defense to prosecution under Section 4.1021(a) if the sexually oriented business was in operation at its present location on the date of passage of this article and that the business is working toward compliance with Section 4.1021 such that the business is projected to be in compliance by the end of eighteen (18) months after passage of this article.
(i) 
Any sexually oriented business in operation on the date of passage of this article will be entitled to thirty (30) days to fully complete an application for a license. During such thirty (30) days, said business will be granted a grace period regarding enforcement of this article. Moreover, if the application is completed in full during said 30 day period, then this period shall be extended to said business until the licensing decision is made under Section 4.1005 by the director of public safety.
(j) 
The revocation or suspension of any license shall not prohibit the imposition of a criminal penalty and the imposition of a criminal penalty shall not prevent the revocation or suspension of a license.
(Ordinance 95-02-21 adopted 2/21/95)
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of Section 4.1013 of this article is subject to a suit for injunction as well as prosecution for criminal violations.
(Ordinance 95-02-21 adopted 2/21/95)
Sections 4.1013 and 4.1014 of this article may be amended only after compliance with the procedure required to amend a zoning ordinance. Other sections of this article may be amended by vote of the city council.
(Ordinance 95-02-21 adopted 2/21/95)