(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:
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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.
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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)
(a)
An
application for a license must be made on a form provided by the building
official. The application shall not be processed until it is complete
and contains:
(1)
The name of the applicant and a statement as to whether the applicant
is an individual, partnership, corporation or other specified legal
entity;
(2)
The name under which the business is to be operated and a description
of the sexually oriented business to be conducted;
(3)
The name, address and telephone number of each owner and operator;
(4)
The street address and legal description of the parcel of land on
which the business is to be located, and the telephone number of the
enterprise;
(5)
A detailed description of the business activities to be conducted
on the premises;
(6)
A written declaration, sworn to under oath by the applicant or its
duly authorized agent, that the information contained in the application
is true and correct; and
(7)
If a person who wishes to operate a sexually oriented business is
an individual, he/she 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, the application must have been signed by
all persons who have a right to participate in the management and
control of the business, including without limitation officers and
directors of corporations, members and managers of limited liability
companies, partners in partnerships, etc.
(b)
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 oriented to Veterans Memorial
Boulevard and 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. The applicant shall sign a notarized statement attached to
the diagram stating that the proposed plan for the sexually oriented
business complies with the requirements set forth in this article.
The applicant may submit a remodeling plan to scale for modification
of the current structure. If the plan is acceptable and the license
is approved, the license shall not be effective until the modification
is completed and a certificate of occupancy issued. The diagram must
show all interior walls and partitions, the locations of one or more
manager stations and the locations of lighting fixtures. The diagram
must clearly specify any areas in the premises to which members of
the public will not be permitted access, and must designate the location
where the license will be posted.
(c)
The
premises must be inspected and found to be in compliance with the
law by the county health department, fire department, and building
official. The failure of any such department or official to complete
the necessary investigations or inquiries within 45 days of the date
the properly completed application is filed with the city shall result
in the administrative approval of the application by that department
or official, unless such failure is caused by an applicant or an applicant’s
agent.
(Ordinance 3003, sec. 3003.3, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.3, adopted 7/20/09)
(a)
The
building official shall approve or disapprove the issuance of a license
to an applicant within 45 days following the date on which the complete
application is filed with the city. Failure of the building official
to disapprove an application by the end of the forty-fifth day following
the day on which the properly completed application is filed shall
result in the administrative approval of such application, and the
license shall promptly thereafter be issued. Such license shall nevertheless
be subject to suspension or revocation as provided herein. Each applicant
must be qualified under this section, and each applicant shall be
considered the licensee if a license is granted.
(b)
Approval
must be granted unless one or more of the following is true:
(1)
Any applicant is under 18 years of age.
(2)
An applicant is overdue in payment of any taxes, fees, utilities,
fines, court directed payments, assessments or interest to the city,
or penalties assessed against the applicant or imposed upon the applicant
in relation to a sexually oriented business.
(3)
An applicant has failed to provide information requested on the application
form or has supplied false or misleading information in the application
process.
(4)
An applicant has been convicted of a violation of a provision of
this article within three years immediately preceding the filing of
the application. The fact that a conviction is being appealed shall
have no effect.
(5)
The premises to be used for the sexually oriented business have been
disapproved by the county health department, the fire department,
or the building official.
(6)
The license fee required by this article has not been paid.
(7)
An applicant or the proposed establishment is in violation of or
is not in compliance with any applicable section of this article.
(8)
The proposed business is otherwise prohibited by law.
(9)
The outdoor sign has not been posted or maintained as required by section 4.05.031(d) for a continuous period of at least 60 days immediately preceding the filing of the application or, without regard to such posting, the applicant did not give the city manager/city secretary written notice as required by section 4.05.031(d)(3).
(c)
When
the building official denies renewal of a license for false or misleading
information, the applicant shall not be issued a license for one year
from the date of denial. If the applicant has been convicted of a
violation of this article, the applicant shall not be issued a license
for three years from the date of conviction. If any other basis of
denial for renewal of license has been corrected or abated, the applicant
may be granted a license if at least 90 days have elapsed since the
date the denial became final and the applicant is otherwise entitled
to receive a license under this section.
(d)
The
license, if granted, shall state on its face the name of the person(s)
to whom it is granted, the expiration date, the address of the sexually
oriented business, and the type of sexually oriented business for
which it is issued.
(Ordinance 3003, sec. 3003.4, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.4, adopted 7/20/09)
(a)
The
license fee for a sexually oriented business shall be in the same
amount as established and published annually in the city fee schedule
and shall be in addition to the city business registration license.
(b)
The
license fees shall be charged for each license application filed and
shall be paid at the time the application and diagram are submitted
for processing.
(Ordinance 3003, sec. 3003.5, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.5, adopted 7/20/09)
It shall be unlawful for any person to own, operate, conduct,
or cause to be operated or conducted a sexually oriented business
within the territorial limits of the city unless the license required
by this article is posted at or near the principal public entrance
to the business in such a manner that it will be conspicuous to patrons
who enter the premises.
(Ordinance 3003, sec. 3003.6, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.6, adopted 7/20/09)
(a)
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in section 4.05.032. Applications for renewal should be made at least 45 days before the expiration date, and when made less than 45 days before the expiration date the expiration of the license will not be affected.
(b)
The
building official may waive the requirement that the diagram be submitted
with renewal applications if the applicant certifies that the configuration
of the premises has not been altered since the diagram on file with
the original application was prepared.
(Ordinance 3003, sec. 3003.7, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.7, adopted 7/20/09)
(a)
The
building official shall suspend a license for a period not to exceed
60 days if he/she determines that subsequent to the issuance of the
license:
(1)
An employee or licensee violated any provision of this article;
(2)
An employee or licensee has been charged with a violation of any
statute, ordinance, or other law pertaining to the possession, use,
or consumption of alcoholic beverages or any other controlled substance
while on the business premises during business hours;
(3)
A licensee altered the activities or character of the business such
that the business offers, provides, displays or exhibits goods, services
or entertainment not offered, provided, displayed or exhibited at
the time the license was issued, and not otherwise authorized by the
license;
(4)
An employee or licensee knowingly permitted gambling by any person
on the sexually oriented business premises;
(6)
A licensee demonstrated inability to operate or manage the sexually
oriented business in a peaceful and law-abiding manner thus necessitating
action by law enforcement officers.
(b)
It
shall be unlawful for any person to operate, conduct, or cause to
be operated or conducted a sexually oriented business within the territorial
limits of the city during any period of time when the license authorizing
such operation has been suspended.
(c)
The building official may suspend a license if he determines that, subsequent to the issuance of the license, a licensee or operator of a sexually oriented business has been formally charged with the commission of an offense listed in section 4.05.063. Such suspension shall end upon final disposition of the offense by the trial court, whether by acquittal, dismissal, deferred adjudication, or conviction.
(Ordinance 3003, sec. 3003.8, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.8, adopted 7/20/09)
(a)
The
building official shall revoke a license if he/she determines that:
(1)
A cause of suspension under section 4.05.037 occurs and the license has been suspended within the preceding 12 months;
(2)
A licensee gave false or misleading information in the material submitted
to the city manager/city secretary during the application process;
(3)
A licensee or an employee has knowingly allowed the unlawful possession,
use, or sale of alcoholic beverages or controlled substances on the
premises;
(5)
A licensee or an employee knowingly operated the sexually oriented
business during a period of time when the license was suspended;
(6)
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 at any time the business is
open to the public. The term “sexual contact” shall have
the meaning set forth in Texas Penal Code section 21.01;
(7)
A licensee is delinquent in payment of any taxes, fees, utilities,
fines, assessments or interest to the city, or penalties assessed
against the applicant or imposed upon the applicant in relation to
a sexually oriented business;
(8)
A licensee has attempted to assign, transfer, or divide a license
to operate a sexually oriented business issued under this article;
or
(9)
A licensee or employee refused to allow an inspection as permitted
herein.
(b)
When
the city manager/city secretary revokes a license, the revocation
shall continue for one year.
(Ordinance 3003, sec. 3003.9, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.9, adopted 7/20/09)
If the building official denies the issuance of a license, or
suspends or revokes a license, he/she shall send to the applicant
or licensee, at the address of the business as shown on the most recent
application, by certified mail, return receipt requested, written
notice of such action and the right to appeal. The aggrieved party
may appeal the decision of the city manager/city secretary to the
zoning board of adjustment in accordance with procedures set forth
in the zoning ordinance of the city as amended. The filing of an appeal
stays the action of the city manager/city secretary in suspending
or revoking a license until the zoning board of adjustment makes a
final decision.
(Ordinance 3003, sec. 3003.10, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.10, adopted 7/20/09)
A sexually oriented business license is not transferable, assignable
or divisible. Any attempted or purported transfer, assignment or division
shall be void.
(Ordinance 3003, sec. 3003.11, adopted 2/21/08; Ordinance 3003-07-20-2009, sec. 3003.11, adopted 7/20/09)
