(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:
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."
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:
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
instruments, devices, or paraphernalia which are designed for
use in connection with "specified sexual activities."
Means a nightclub, bar, restaurant 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;"
or
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."
Means 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, 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
offers a sleeping room for rent for a period of time that is
less than 10 hours; or
allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
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."
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.
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."
Means the director of public safety of the City of Hillsboro
or his designated agent.
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.
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.
Means and includes any of the following:
the opening or commencement of any sexually oriented business
as a new business;
the conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business;
the addition of any sexually oriented business to any other
existing sexually oriented business; or
the relocation of any sexually oriented business.
a location and place of business.
Means a historic overlay zoning district as defined in the
Hillsboro Zoning Code, as amended.
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.
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.
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.
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.
Means:
entirely unclothed; or
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.
This definition shall not include a mother in the act of nursing
her child.
Means an individual, proprietorship, partnership, corporation,
association or other legal entity.
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.
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.
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:
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
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.
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.
Means a business or commercial enterprise that, as one of
its primary business purposes, offers for any form of consideration:
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.
Means human genitals in a state of sexual arousal.
Means and includes any of the following:
the fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts;
sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
masturbation, actual or simulated; or
excretory functions as part of or in connection with any of
the activities set forth in (1) through (3) above.
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.
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.")
Of a sexually oriented business means and includes any of
the following:
the sale, lease or sublease of the business;
the transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means; or
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)
Sexually oriented businesses are classified as follows:
(1)
adult
arcades;
(2)
adult
bookstores;
(3)
adult
video stores;
(4)
adult
cabarets;
(5)
adult
motels;
(6)
adult
motion picture theaters;
(7)
adult
theaters;
(8)
escort
agencies;
(9)
nude
studios;
(10)
modeling
studios;
(11)
love
parlors;
(12)
sex
parlors;
(13)
sexual
encounter centers; and
(14)
adult
tanning salons.
(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:
(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.
(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)
An
escort agency shall not employ any person under the age of 18 years.
(b)
A person
commits an offense if he/she acts as an escort or agrees to act as
an escort for any person under the age of 18 years.
(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.
(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.
(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.
(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:
(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)
