It is the purpose of this article to regulate sexually oriented
businesses in order to protect and promote the health, safety, and
welfare by preventing the decline of residential and business neighborhoods
and further by preventing the growth of criminal activity found to
be associated with the unrestricted operation of certain sexually
oriented businesses. The provisions of this article have neither the
purpose nor effect of imposing an unlawful limitation or restriction
on the content of any protected speech, 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 lawful access by the
distributors and exhibitors of sexually oriented entertainment to
their intended market. This article is to supersede all other sexually
oriented business ordinances currently in effect.
(Ordinance 3003, sec. 3003.0, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.0, adopted 7/20/09)
The following words and terms shall have the meanings set forth
herein:
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 discs,
cassettes, photographs, films, motion pictures, videocassettes or
video representations, slides or other visual representations, which
depict or describe “specified sexual activities” or “specified
anatomical areas.”
Instruments, devices, or paraphernalia which are designed for
use in connection with “specified sexual activities.”
Not included in this definition are pharmaceutical supplies.
A commercial establishment which regularly features:
Persons who appear in a state of nudity or partial nudity;
Live performances which are characterized by the exposure of “specified
anatomical areas” or by “specified sexual activities”;
or
Films, motion pictures, videocassettes, slides, or other photographic
reproductions which are characterized by the depiction or description
of “specified sexual activities” or “specified anatomical
areas.”
A commercial establishment where live models exhibit lingerie
intended for an adult audience.
An adult cabaret which is permitted or licensed pursuant
to the Alcoholic Beverage Code where alcoholic beverages may be served,
sold or consumed.
A hotel, motel, or similar commercial establishment which
offers accommodations to the public for any form of consideration,
provides patrons with closed-circuit television transmission, films,
motion pictures, videocassettes, slides, discs or other photographic
reproductions which are characterized by the depiction or description
of “specified sexual activities” or “specified anatomical
areas,” and/or has a sign visible from the public right-of-way
which advertises the availability of this adult type of entertainment.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides, discs or other photographic
reproductions which are characterized by the depiction or description
of “specified sexual activities” or “specified anatomical
activities” are regularly shown to groups of six or more people.
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 “specified sexual
activities.”
Any commercial establishment to which the public is permitted
or invited wherein coin-operated or slug-operated or electronically,
electrically, or mechanically controlled still or motion pictures,
projectors, or other image-producing devices, to include computer
and electronic games, 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.”
Any structure used principally as a place wherein persons
regularly assemble for religious worship, including, but not limited
to, sanctuaries, chapels, cathedrals, churches, synagogues, and on-site
buildings adjacent thereto, such as parsonages, convents, fellowship
halls, Sunday Schools and rectories.
The individual lawfully acting as the building official of
the city pursuant to the city charter, or his or her designated representative.
Any substance defined as a controlled substance by the Texas
Controlled Substance Act, as then amended.
A facility which provides care and/or supervision for adults
or children on a day-to-day basis.
An enclosed area designed to allow a single person to try
on items of apparel for the purpose of determining suitability.
Any employee of a sexually oriented business enterprise who
performs or engages in entertainment.
Any act or performance, such as a play, skit, reading, revue,
fashion show, modeling performance, pantomime, role playing, encounter
session, scene, song, dance, musical rendition or striptease, that
involves the display or exposure of specified sexual activities or
specified anatomical areas. The term “entertainment” shall
include any employee or entertainer exposing any specified sexual
activities whatever in the presence of one or more customers.
A person who accompanies an individual for social purposes
for any consideration.
A person or commercial enterprise which for a fee, tip, or
other consideration offers to furnish, or advertises to furnish, escorts
as one of its primary business purposes.
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.
Shall have the meaning set forth at Texas Penal Code section
47.02, as then amended.
The person principally in charge of the day-to-day operation
of the establishment.
Shall have the meaning set forth at Texas Penal Code section
6.03, as then amended.
A person in whose name a license to operate a sexually oriented
business has been issued pursuant to the terms of this article.
A commercial establishment where a person who appears in
a state of nudity or displays “specified anatomical areas”
is provided to be observed, sketched, drawn, painted, sculptured,
photographed, or similarly depicted by other persons who pay money
or any form of consideration.
A television or other video screen, used as part of an electronic
surveillance system, which displays images transmitted by electronic
video cameras to such television or video screen.
Appearing in a state of dress which displays one or more “specified
anatomical areas.”
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 license holder of the establishment. A person who, while on the
premises of sexually oriented business, does any one or more of the
following shall be deemed to be operating or conducting such a business:
Operates a cash register, cash drawer, or other depository where
checks, cash funds or records of credit card or other credit transactions
generated in connection with the activities of the business are kept;
Displays or takes orders from any customer for any merchandise,
goods, entertainment or other service offered in connection with the
activities of the business;
Delivers or provides to any customer any merchandise, goods,
entertainment or other services offered in connection with the activities
of the business;
Acts as a door attendant to regulate entry of customers or other
persons into the business premises; or
Supervises or manages other persons in the performance of any
of the foregoing activities.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
References to the public and members of the public shall
mean and include all persons other than the owners, operators, agents
and employees of a given sexually oriented business.
The act of permitting space to be occupied for any form of
consideration.
R-1S (Single-Family Suburban District), R-1 (Single-Family
Standard District), R-DT (Downtown Single-Family District), R-TH (Townhouse
District), R-2 (Two-Family District), R-3 (Multifamily District),
and R-MH (Manufactured Home District).
R-1S (Single-Family Suburban District), R-1 (Single-Family
Standard District), R-DT (Downtown Single-Family District), R-TH (Townhouse
District), R-2 (Two-Family District), R-3 (Multifamily District),
and R-MH (Manufactured Home District), as defined in the city zoning
ordinance, Ordinance 6051-12, as amended.
Shall be synonymous with toilet facilities as defined in
Texas Health & Safety Code chapter 341. No sexually oriented business
activities shall be permitted in any such facilities.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
An adult bookstore, adult video arcade, adult bookstore or video
store, adult cabaret, adult lingerie store/modeling studio, adult
lounge, adult motel, adult movie theater, adult video theater, adult
theater, escort agency, modeling studio, nude modeling studio, sexual
encounter center, 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.
The following are exempted from regulation under this article:
A business operated by or employing a licensed psychologist,
licensed physical therapist, licensed athletic trainer, licensed cosmetologist,
licensed barber or any other state licensed/regulated professional
engaged in performing functions authorized under the license held;
or
A business operated by or employing a licensed physician or
licensed chiropractor engaged in practicing the healing arts.
Any writing, name, number, figure, character, outline, emblem,
graphic, window etching, stained or painted glass, mark, logo, mural,
symbol, spectacle, display, delineation, announcement, advertising,
billboard, signboard, flag, banner, pennant, bunting, device, appliance,
structure erected for the purposes of supporting a sign, or any other
thing of similar nature designed to attract attention outdoors, in
or on any face [fence] or wall, window, awning, storefront of any
building, or on any pole or other form of support or structure, and
shall include all parts, portions, units, and materials composing
the same, together with the frame, background, and support of [or]
anchorage thereof.
Specified anatomical areas are:
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered; or
Any combination of the above.
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Nothing in this definition should be construed to authorize or permit any person or entity to commit an offense listed in section 4.05.063, the commission of such offenses being expressly prohibited, nor shall this definition be construed to establish or define standards for acceptable conduct. Without limiting the generality of the foregoing, obscenity as defined by the Texas Penal Code is specifically prohibited.
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Specified sexual activities are those activities which display:
Human genitals in a state of sexual stimulation or arousal;
Acts of human masturbation, sexual intercourse or sodomy;
Fondling or other erotic touching of human genitals, pubic region,
buttock or female breasts;
Intrusion, however slight, of any object, any part of an animal’s
body, or any part of a person’s body into the genital or anal
openings of any person’s body, or into the body of an animal;
Cunnilingus, fellatio, anilingus, bestiality, or exhibition
of excretory function;
Flagellation, mutilation or torture for the purposes of sexual
arousal or gratification; or
Any combination of the above.
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Nothing in this definition should be construed to authorize or permit any person or entity to commit an offense listed in section 4.05.063, the commission of such offenses being expressly prohibited, nor shall this definition be construed to establish or define standards for acceptable conduct. Without limiting the generality of the foregoing, obscenity as defined by the Texas Penal Code is specifically prohibited.
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The act by one who has rented a room of permitting the room
to be occupied for any form of consideration.
The increase in floor area occupied by the business by more
than 25%, in addition to the floor area that existed on June 21, 1994
or the date first licensed if the business was not operating on June
21, 1994.
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
the transfer by bequest or other operation of law upon the death of
the person possessing the ownership or control.
An area designed to permit one or more persons the opportunity
to view or observe a dancer, model, or other entertainer in a “private”
or semi-private environment.
(Ordinance 3003, sec. 3003.1, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.1, adopted 7/20/09; Ordinance adopting Code)
In addition to any other remedies which may be available at
law or in equity, the city may sue in the appropriate district court
for an injunction to prohibit the violation of, or enforce compliance
with, any regulation contained in this article.
(Ordinance 3003, sec. 3003.27, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.27, adopted 7/20/09)
(b)
Except
as otherwise provided herein, a violation of this article is punishable
by a fine not to exceed $2,000.00.
(c)
Each
day during which a violation of a provision of this article occurs
or continues shall constitute a separate violation.
(Ordinance 3003, sec. 3003.28, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.28, adopted 7/20/09)
