(a)
License required.
(1)
A person commits an offense if he/she operates, owns, or causes to be operated, within the territorial limits of the city, a sexually oriented business without a valid license authorizing such operation.
(2)
The fact that a person possesses a valid theater license, dance hall license, amusement device license, business license, certificate of occupancy, or other license or permit does not exempt him from the requirement of obtaining a sexually oriented business license. Any person who owns or operates a sexually oriented business shall comply with the requirements and provisions of this article and all other applicable ordinances of the city and laws of the state.
(b)
Location in building containing existing sexually oriented business.
An application for a license to operate a sexually oriented business at any address, building, structure or portion thereof containing an existing sexually oriented business will not be accepted.
(c)
Offenses not authorized.
A license issued pursuant to this division shall not 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 such license 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.
(d)
Notice required.
(1)
An applicant for a license under this article to operate a sexually oriented business in a location not previously licensed shall post an outdoor sign at the proposed business location. Such sign shall be prominently posted at the front of the premises and oriented so as to be readily visible to traffic on Veterans Memorial Boulevard and on all area roads properly zoned for sexually oriented businesses. The sign shall read as follows in plain black lettering at least two inches square on a white background:
NOTICE: The person or entity named below intends to open a sexually oriented business on this premises. Comments may be submitted to the City of Nolanville Building Official at (254) 698-6335. |
The foregoing notice shall be followed by the name and address of the applicant. The sign shall be maintained in the manner required by this section for a period of not less than 60 days immediately preceding the filing of an application to operate a sexually oriented business under this article.
(2)
The sign must be between 1,000 and 5,000 square inches in size, must be written in English, and shall contain no wording or graphics except as specified in this section. In all other respects the sign shall comply with all applicable provisions of article 3.07 of this code.
(3)
The applicant shall provide written notice to the city manager/city secretary when the sign required by this subsection has been erected, and no application to operate a sexually oriented business upon such premises shall be filed before the 60th day after such notice is given.
(Ordinance 3003, sec. 3003.2, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.2, adopted 7/20/09)