(a) 
These regulations are promulgated pursuant to and in conformity with Chapter 243 of the Local Government Code of Texas, as amended.
(b) 
It is the purpose of the city to establish reasonable and uniform regulation of sexually oriented businesses to promote and protect the health, safety and general welfare of the citizens of the city.
(c) 
The provisions of these regulations have neither the intent nor the effect of imposing limits or restrictions on the content of any communicative material, including sexually oriented material; nor is it the intent or effect of these regulations to restrict or deny adults access to sexually oriented material protected by the First Amendment. Similarly, there is no intent to deny access to the intended market of distributors and exhibitors of sexually oriented entertainment.
(d) 
These regulations do not legalize anything prohibited under the penal code, other law or regulation.
(1965 Code of Ordinances, Chapter 16 3/4, Article I, Section 16 3/4-1)
(a) 
Chief of Police to Investigate, Etc., Permits; Peace Officers to Enforce.
The city council hereby designates and directs the chief of police or his duly authorized agents to investigate, deny, issue, suspend and revoke permits pursuant to the above authority and these regulations. Any peace officer certified by the state may enforce these regulations.
(b) 
The Chief of Police's Determination.
Shall be appealable to a hearing examiner appointed by the city council upon written request by the applicant unless otherwise provided for in these regulations. The request must be delivered to the chief of police within fifteen (15) days after the notice of the chief of police's determination. The written request for a hearing shall set out the grounds on which the denial is challenged. The hearing shall be conducted within thirty (30) days of notice to the applicant of the chief of police's determination. An appeal shall not stay the chief of police's decision. The chief of police's decision shall be final unless an appeal is timely filed. The hearing examiner appointed by the city council shall be an individual licensed to practice law in Texas.
(c) 
Jurisdiction of District Court.
Pursuant to Section 243.007(c) of the Local Government Code, the district court has jurisdiction over disputes which arise from the denial, suspension or revocation of permits by a municipality or county.
(d) 
Penalty for Violations.
The violations of any provision of these regulations, including failure to perform as required herein, shall be punishable as provided by Section 243.010(b) of the Local Government Code as amended. Each day a violation continues constitutes and is punishable as a separate offense.
(e) 
Revocation or Suspension and the Imposition of Criminal Penalties.
The revocation or suspension of any permit 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 permit.
(1965 Code of Ordinances, Chapter 16 3/4, Article I, Section 16 3/4-2)
The following definitions shall apply in the interpretation and enforcement of this article:
Adult Arcade.
Any place the public is allowed or invited where image producing devices are maintained to show images to five (5) or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by the depiction and description of specified sexual activities or specified anatomical areas as defined in this section. The devices include, but are not limited to coin or slug-operated, electronically or mechanically controlled, still or motion picture machines and projectors.
Adult Bookstore or Adult Video Store.
An establishment that 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, photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations that depict or describe specified sexual activities or specified anatomical areas as defined in this section.
(2) 
Instruments, devices or paraphernalia that are designed for the use in connection with specified sexual activities as defined in this section.
Adult Cabaret.
A nightclub, bar, restaurant or similar commercial establishment that features:
(1) 
Persons who appear in a state of nudity as defined in this section;
(2) 
Live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities as defined in this section; or
(3) 
Films, motion pictures, video cassettes, slides or other reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas as defined in this section.
Adult Motel.
A hotel, motel or similar commercial establishment that:
(1) 
Offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas as defined in this section;
(2) 
Offers a sleeping room for rent for a period of time less than ten (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 ten (10) hours.
Adult Motion Picture Theater.
A commercial establishment that regularly shows, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproduction which are characterized by the depiction or description of specified sexual activities or specified anatomical areas as defined in this section.
Adult Theater.
A theater, concert hall, auditorium or similar commercial establishment that regularly features persons who appear in a state of nudity or live performances that are characterized by the exposure of specified anatomical areas or specified sexual activities as defined in this section.
Allow.
To let happen, cause, suffer or permit, including the failure to prevent.
Applicant.
The individual or entity that will be the intended operator of the enterprise.
Area Covered by Regulations.
The area covered by this article shall be the city limits of the city as now or hereafter defined by the city council.
Bookstore or Video Store.
An establishment that as one of its 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, photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations that depict or describe specified sexual activities or specified anatomical areas as defined in this section.
(2) 
Instruments, devices or paraphernalia that are designed for the use in connection with specified sexual activities as defined in this section.
Cashier.
Any employee who handles cash or any other form of payment from the clients of an enterprise for services or products provided.
Chief of Police.
The chief of police of the City of Brownfield or the chief of police's designated agent.
Child Care Facility.
A building used as a day nursery, children's boarding home, child placement agency or other place for the care or custody of children under fifteen (15) years of age, licensed by the State of Texas pursuant to Article 4442c, Vernon's Texas Civil Statutes.
Church or Place of Religious Worship.
A building in which persons regularly assemble for worship, intended primarily for purposes connected with faith or for propagating a particular form of belief.
City.
An incorporated city, town or village.
City Council.
The city council of the City of Brownfield.
County.
Terry County, Texas.
Dwelling.
A house, duplex, apartment, townhouse, condominium, mobile home or any other building used for residential purposes.
Employee.
Any person who works in or about an enterprise and renders any service whatsoever to the customers of an enterprise and receives compensation for such service or work from the operator or owner of enterprise or from the patrons thereof.
Escort.
A person who for consideration agrees or offers to privately model, dance, or similarly perform for another person, or to act as a private companion, guide or date for another person. This shall include but not be limited to strippers who perform for private parties.
Escort Agency.
A person or business association that for consideration furnishes, offers to furnish or advertises to furnish escort as one of its primary business purposes.
Hospital.
A building used to provide in-patient medical care for the sick or injured licensed pursuant to the Texas Hospital Licensing Law (article 4437f Vernon's Texas Civil Statutes), as a convalescent facility pursuant to Article 4442c, Vernon's Texas Civil Statutes, or is operated by an agency of the federal government.
Live Exhibition.
Includes but is not limited to dancing, modeling, sword swallowing, juggling, acrobatic acts, wrestling and pantomime.
Nude Modeling Studio.
A place where for any form of consideration a person models in a state of nudity or displays specified anatomical areas as defined in this section for other persons to sketch, draw, paint, sculpt, photograph or similarly depict or observe.
Nudity or State of Nudity.
Any state of dress which fails to opaquely cover a human buttock, anus, male genitalia, female genitalia or areola of a female breast.
Operator.
The manager or other natural person principally in charge of an enterprise.
Person.
An individual, partnership, corporation, association or other legal entity.
Public Building.
A building used by federal, state or local government that is open to the general public.
Public Park.
A tract of land maintained by the federal, state or local government for the enjoyment of the general public.
Regulations.
Regulations of City of Brownfield, Texas, for the operation of sexually oriented business enterprises.
School.
A building used for the primary purpose of instruction or education, including playgrounds, dormitories, stadiums and other structures or grounds considered to be part of the facility.
Server.
An employee who serves patrons food or beverages in an enterprise, including waiters, waitresses, hosts, hostesses and bartenders.
Sexual Encounter Center.
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.
Sexually Oriented Business Enterprise.
A sex parlor, nude modeling studio, love parlor, adult bookstore, adult movie theater, adult arcade, adult video store, adult motel, adult cabaret, escort agency, sexual encounter center or other similar commercial enterprise where the primary business is to offer a service or to sell, rent or exhibit devices or other items intended to provide sexual stimulation or sexual gratification to the patron. The term "enterprise" shall not be construed to include:
(1) 
A business operated by or employing licensed psychologists, licensed physical therapists, licensed athletic trainers, licensed cosmetologists or licensed barbers that, as the major business purpose, perform functions authorized under the license held;
(2) 
Any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts as the major business purpose;
(3) 
Any retail establishment whose major business purpose is the offering of wearing apparel for sale to customers;
(4) 
A massage establishment which is properly registered under Chapter 752, Acts of the 69th Legislature, Regular Session, 1985 (Article 4512K, Vernon's Texas Civil Statutes), as amended; or
(5) 
A bookstore, movie theater or video store, unless that business is an adult bookstore, adult movie theater or adult video store as defined in this section.
SOBP.
Sexually oriented business permit.
SOEP.
Sexually oriented employment permit.
Specified Anatomical Areas.
Human genitals in a state of sexual arousal, whether clothed or nude.
Specified Sexual Activities.
Includes any of the following:
(1) 
Fondling or erotic touching of human genitals, pubic region, buttocks, anus or female breasts whether clothed or nude;
(2) 
Sex acts, 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 items (1) through (3) above.
Transfer of Ownership or Control.
Includes any of the following:
(1) 
Sale, lease or sublease of the business;
(2) 
Transfer of securities which constitute a controlling interest in the business whether by sale, exchange, gift or similar means; or
(3) 
Establishment of a trust, gift or other similar legal device that transfers that 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.
(1965 Code of Ordinances, Chapter 16 3/4, Article I, Section 16 3/4-3; Ordinance 1814 adopted 4/9/98)
The chief of police or his designated agent shall make reasonable, periodic inspections of the premises of all enterprises covered by these regulations.
(1965 Code of Ordinances, Chapter 16 3/4, Article I, Section 16 3/4-4)
Violation of any provision of these regulations is a class C misdemeanor.
(1965 Code of Ordinances, Chapter 16 3/4, Article I, Section 16 3/4-5)
(a) 
Any notice required to be given by the chief of police under these regulations to any applicant, owner or operator may be given by personal delivery or by United States mail, postage prepaid, addressed to the most recent address as specified in the application for the permit or the mast recent notice of address change.
(b) 
Mailed notice shall be deemed given three (3) days after deposit in the United States mail.
(c) 
In the event that notice given by mail is returned by the postal service with a notification that the address is not correct, it shall be considered a violation of the affirmative duty to notify the chief of police of any change of address unless there was error on the part of the post office, and:
(1) 
In the case of notice in connection with a SOBP, the chief of police shall have the notice posted at the entrance to the enterprise;
(2) 
In case of notice in connection with a SOEP, the chief of police shall make reasonable efforts to provide the holder with notice; and
(3) 
If after duly diligent efforts to notify the SOEP applicant/holder the chief of police is unable to locate the applicant/holder, a SOEP shall be automatically suspended until the applicant/holder contacts the chief of police with a current address.
(1965 Code of Ordinances, Chapter 16 3/4, Article II, Section 16 3/4-16)
Failure of the chief of police to take timely action or give notice of his action on an application, or failure by the hearing official to timely conduct or give notice of the decision on an appeal shall entitle the applicant to the immediate issuance of a temporary permit upon written demand. Demand shall be filed by the applicant with the chief of police. A temporary permit shall only be valid until the third day after the notice of the chief of police's action on the application or the hearing official's notice of the decision on appeal. This section only applies where delay is not caused by the action of the applicant.
(1965 Code of Ordinances, Chapter 16 3/4, Article II, Section 16 3/4-17)
(a) 
When Renewals Required; Form of Renewal.
Permits shall be reviewed for renewal upon application to the chief of police not more than thirty (30) days prior to the expiration date. The form for renewal application shall be provided by the chief of police.
(b) 
Fee.
An annual nonrefundable renewal fee to be set by the city council shall accompany the application for renewal to defray costs of inspections and investigation. The fee shall be paid in the form of cash, money order, cashier or bank check.
(c) 
Information Required for Renewal.
The renewal application shall contain:
(1) 
Certification by the applicant that there have been no changes in the information provided in the initial application; and/or
(2) 
Any information which has changed since the initial application along with any related documentation rewired in the initial application.
(d) 
Police Chief's Determination.
The chief of police shall make the determination regarding renewal within fourteen (14) days of receipt of the completed renewal application or by the expiration late of the previous permit, whichever period is longer.
(e) 
When Temporary Permits Not Issued.
If a renewal application is submitted less than fourteen (14) days before the previous permit expires, there shall be no temporary permit issued to extend the permit. The original permit will expire and until the chief of police's determination on renewal, there will be no valid permit.
(1965 Code of Ordinances, Chapter 16 3/4, Article II, Section 16 3/4-18)
Upon receiving the application for a SOBP or SOEP or an application for renewal, the chief of police shall cause to be conducted an investigation to determine compliance with the regulations pertaining to that permit.
(1965 Code of Ordinances, Chapter 16 3/4, Article II, Section 16 3/4-19)
A permit issued under these regulations is not transferable, assignable or divisible and it shall be unlawful for any person to use a permit which has been issued to another person under these regulations.
(1965 Code of Ordinances, Chapter 16 3/4, Article II, Section 16 3/4-20)
It shall be unlawful for any person to knowingly make any false, fraudulent or untruthful representation, written or oral, or in any other way knowingly conceal any material fact required in the permit application. It shall also be unlawful to give or use any assumed name or fictitious name other than the one duly filed for record in compliance with the assumed Business or Professional Name Act (Vernon's Texas Codes Annotated, Business and Commerce Code, Chapter 36).
(1965 Code of Ordinances, Chapter 16 3/4, Article II, Section 16 3/4-21)
It shall be unlawful for any person to counterfeit, forge, change, deface or alter a permit issued under these regulations.
(1965 Code of Ordinances, Chapter 16 3/4, Article II, Section 16 3/4-22)
(a) 
It shall be unlawful for any person to own or operate an enterprise at a location covered by these regulations pursuant to Section 4.603 without a valid permit issued in accordance with these regulations. A separate application and permit shall be required for each enterprise. An enterprise without a permit is hereby declared to be a public nuisance.
(b) 
An SOBP does not authorize any individual applicant acting in any of the capacities specified in Section 4.620 to be employed by the enterprise without a sexually oriented employment permit (SOEP). The individual must separately apply for an SOEP, but is required to pay only the higher of the permit fees.
(1965 Code of Ordinances, Chapter 16 3/4, Article II, Section 16 3/4-35)
(a) 
An SOBP issued under these regulations shall be displayed at all times in an open and conspicuous place in the enterprise for which it was issued.
(b) 
In any prosecution under these regulations, it shall be presumed that there was no SOBP at the time of the alleged offense unless it was posted as provided in subsection (a) above.
(1965 Code of Ordinances, Chapter 16 3/4, Article II, Section 16 3/4-36)
(a) 
A person who operates or allows the operation of an enterprise without a valid permit or otherwise in violation of these regulations is subject to a suit for injunction pursuant to Section 243.010 of the Texas Local Government Code in addition to prosecution for criminal violations.
(b) 
The city attorney is hereby authorized to file suit to enjoin the violation of this article. Suit may be initiated upon information received from private citizens or law enforcement agencies.
(1965 Code of Ordinances, Chapter 16 3/4, Article II, Section 16 3/4-37)
(a) 
Required; Receipt or Notice of Omissions.
To obtain a permit to operate an enterprise, a written application shall be filed with the chief of police on the form provided by the chief of police or an accurate and legible facsimile of that form. The completed application including any attachments, shall be hand delivered to the chief of police's office during regular working hours or mailed "return receipt requested." A receipt shall be mailed to the applicant upon confirmation that the application is complete. The receipt or a notice of omissions shall be mailed to the applicant within five (5) days of delivery of the application to the chief of police.
(b) 
Fee.
A fee determined by the city council shall accompany the submission of each application to defray the cost of investigations required by this section. An annual nonrefundable renewal fee shall be charged to defray associated costs of investigation. The fee shall be paid in the form of cash, money order, cashier or bank check.
(c) 
Required in Formation Generally.
Each applicant shall furnish the following information to the chief of police:
(1) 
The full legal name and any other name used by the applicant, applicant's Social Security number and driver's license or Texas Identification Number.
(2) 
A general description of the enterprise, which shall include the address where it will be located and the services to be provided. That address shall be the only location for which the permit will be valid.
(3) 
The applicant's complete business license or permit history. This shall include any permit or license which has been issued to the applicant by any agency, board, county or state and any professional or vocational license or permit. This shall include those which have expired or are currently in effect and shall include any license or permit that has been denied or was issued to the applicant and subsequently revoked or suspended. If there have been licenses or permits which were denied, revoked or suspended, the permit history shall include the reasons therefore.
(4) 
The name and address of the owner of the real property upon or in which the business is to be located and a copy of any lease or rental agreement.
(5) 
The name and residential address of the operator of the business.
(6) 
If applicant intends to operate the enterprise under an assumed name, a certified copy of the assumed name certificate filed in compliance with the Assumed Business or Professional Name Act (V.T.C.A., Business and Commercial Code, Chapter 36).
(7) 
The city council finds the operation of an enterprise to be inconsistent with the following property uses and the applicant must certify that the proposed enterprise will be located:
(A) 
A minimum of one thousand (1,000) feet from a child care facility, school, dwelling, hospital, public building, public park or church or place of religious worship.
(B) 
A minimum of one mile from a penal institution, as defined by the Penal Code, including but not limited to halfway houses.
(C) 
The applicant must certify that there are no more than two (2) other enterprises within two thousand (2,000) feet of the proposed enterprise.
(D) 
This subsection shall apply only to property uses in existence at that location at least thirty (30) days prior to that date of application.
(E) 
For the purposes of this section, measurements shall be made in a straight line from the nearest portion of the property line used by the enterprise to the nearest portion of the property line of the building, structure or facility set forth in subsections (A), (B) and (C) above.
(F) 
Enterprises operating on the date of the adoption of these regulations and located in violation of subsections (A) and (B) above shall include in the application proof that the business has not recouped the owner's investment prior to the date of application. This shall include:
(i) 
The amount of the owner's investment in the existing enterprise through the date of passage and approval of these regulations;
(ii) 
The amount of the investment that has been or will be realized through the projected SOBP approval date (forty-five [45] days from application);
(iii) 
The life expectancy of the enterprise;
(iv) 
The existence or nonexistence of lease obligations, as well as any contingency clauses therein permitting termination of the lease;
(v) 
A proposed schedule for amortization of the investment to be considered in light of the intent of these regulations;
(vi) 
Enterprises which are in operation on the date of the adoption of these regulations and are in violation of subsection (C) above shall include in the application proof that the investment has not been recouped as set out in subsection (F) above. The three (3) enterprises in operation at the earliest point in time within the conflicting area shall be considered to be in compliance with these regulations. Those enterprises established after the initial three shall be in violation of these regulations and shall be subject to these amortization provisions.
(G) 
Upon evaluation of the proof and a finding that a proposed amortization is reasonable under the circumstances, the chief of police shall approve the SOBP if the enterprise is in compliance with all other provisions of these regulations. The SOBP shall only be renewed through the amortization period and no permit shall be issued for that location beyond that period unless circumstances change to bring the location into compliance with these regulations.
(H) 
Upon a finding that the proposal is not reasonable under the circumstances, the chief of police shall make a counter proposal or recommendation and the applicant shall resubmit a revised proposal.
(8) 
The application shall contain a statement under oath that:
(A) 
The applicant has personal knowledge of the information contained in the application and that the information contained therein is true and correct; and
(B) 
The applicant has read and understands these regulations.
(d) 
Information Required of Individuals.
If the applicant is an individual, the applicant shall provide in addition to the items required in subsection (a) above:
(1) 
Each of the applicant's residential addresses for the three (3) years immediately preceding the date of the application, indicating the dates of each residence and including the present address and telephone number of the applicant.
(2) 
Applicant's business, occupation and employment history for the three (3) years immediately preceding the date of application indicating the applicable dates and addresses.
(3) 
Documentation that the applicant is at least nineteen (19) years of age.
(4) 
Applicant's height, eye color and natural hair color.
(5) 
Two (2) photographs of the applicant taken within one month immediately preceding the date of application. The size and characteristics of the photograph shall be specified by the chief of police. One photograph shall be affixed to the permit and one photograph shall be retained by the chief of police. A new photograph may be required by the chief of police upon application for renewal, of the permit.
(6) 
Applicant's criminal history which shall consist of a statement of any and all criminal convictions and the date and place thereof. The statement shall include any charges to which the applicant entered a plea of nolo contendere or for which the applicant received deferred adjudication, but shall not include traffic violations.
(7) 
The chief of police may require the applicant to furnish fingerprints for the purpose of establishing identification.
(8) 
Other identification and information as reasonably necessary in order to confirm the validity of information provided in the application.
(e) 
Information Required of Corporations, Etc.
If the applicant is a corporation, partnership, joint venture or other similar business entity to which the requirements of subsection (b) above would not apply, the applicant shall provide in addition to the requirements of subsection (a):
(1) 
If the applicant is a Texas corporation, a certified copy of the articles of incorporation with amendments; names and residential addresses of current officers and directors; and the name and address of each stockholder holding more than five (5) percent of the stock of the corporation.
(2) 
If the applicant is a foreign corporation, a certified copy of the certificate of authority to transact business in this state with all amendments, names and residential addresses of current officers and directors, and names and addresses of each stockholder holding more than five (5) percent of the stock of the corporation.
(3) 
If the applicant is a general or limited partnership, the application shall set forth the name and residential addresses of each of the partners, including limited partners. If the applicant is a limited partnership formed under the laws of Texas, a certified copy of the certificate of limited partnership filed with the office of the Secretary of State and amendments.
(4) 
If one or more of the partners is a corporation, the provisions of this section pertaining to the corporate applicants shall apply.
(5) 
If the applicant is a joint venture or other similar entity, the names and residential addresses of the participants (if individuals), and the applicable information required in items (1), (2), (3) and (4) above if the participants are corporations or partnerships.
(6) 
A corporate applicant shall designate one officer to act as responsible managing officer. Partnerships shall designate a general partner to act as responsible managing officer. Joint ventures or other business entities shall designate an appropriate individual participant or owner to act as its responsible managing officer. The managing officer shall complete and sign all application forms required of an individual under this section, but the fee for the one application will be charged.
(f) 
Other Accompaniments.
Each application shall be accompanied by the following:
(1) 
A nonrefundable fee established by the city council. The fee shall be paid in the form of cash, money order, cashier or bank check.
(2) 
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 (6) inches.
(g) 
Investigation.
The chief of police shall have twenty-one (21) days from receipt of the application in which to investigate the application and the background of the applicant. Compliance with other provisions of these regulations may from time to time require an extension of the investigatory period in which case an extension, reasonable under the circumstances, shall be allowed.
(h) 
Occurrences Requiring Notification of Police Chief.
The applicant shall be under a continuing affirmative duty throughout the application period and the effective dates of the permit to notify the chief of police of any of the following events. Notice shall be provided in writing and delivered within seven (7) days immediately following the occurrence of:
(1) 
Address or name change of the applicant;
(2) 
Revocation of any permits or licenses listed in the applicant's permit history pursuant to subsection (c) (3);
(3) 
The applicant, operator or any employee of the enterprise being formally charged with any crime listed under Section 4.617.
(1965 Code of Ordinances, Chapter 16 3/4, Article II, Section 16 3/4-38)
(a) 
A permit shall be issued within twenty-eight (28) days of receipt of the application and the information required by these regulations, unless the application is denied for one of the following reasons:
(1) 
The applicant, applicant's spouse, or if the applicant is a corporation, partnership or other business entity, any officer, director holder of five (5) percent or more stock, partner or participant was convicted, received deferred adjudication or entered a plea of nolo contendere in a court of competent jurisdiction within the immediately preceding five year period, or less than three (3) years have elapsed since the completion of the sentence received, including probation and parole, of any of the following offenses:
(A) 
Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution or display of harmful material to a minor, sexual performance by a child or possession of child pornography as described in Chapter 43 of the Texas Penal Code;
(B) 
Public lewdness, indecent exposure or indecency with a child as described in Chapter 21 of the Texas Penal Code;
(C) 
Sexual assault or aggravated sexual assault as described in Chapter 22 of the Texas Penal Code;
(D) 
Incest, solicitation of a child or harboring a runaway child as described in Chapter 25 of the Texas Penal Code;
(E) 
Gambling, gambling promotion, keeping a gambling place, communicating gambling information, possession of gambling devices or equipment, or possession of gambling devices or equipment, or possession of gambling paraphernalia as described in Chapter 47 of the Texas Penal Code;
(F) 
Forgery, credit card abuse, commercial bribery as described in Chapter 32 of the Texas Penal Code;
(G) 
A criminal offense as described in Chapter 481, subchapter D of the Health and Safety Code; or
(H) 
A criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses; or any other offense in another state that if committed in this state would have been punishable as one or more of the heretofore mentioned offenses.
(2) 
The applicant has allowed acts of unlawful sexual misconduct or other unlawful activities to be committed in connection with previous business operations;
(3) 
The chief of police shall defer determination whether to issue an SOBP until final disposition of charges of any of the above listed crimes, which are pending or arise during the investigation period;
(4) 
The enterprise, as proposed, does not meet all of the requirements of these regulations or is otherwise prohibited by law.
(5) 
The applicant has knowingly made a misleading statement of a material fact by omitting or falsifying information in the application for the permit;
(6) 
The applicant, if an individual, is under eighteen (18) years of age;
(7) 
The operator has had a permit revoked for the same enterprise within the 180 day period immediately preceding the date the application was filed;
(8) 
An applicant or an applicant's spouse is delinquent in the payment to the city of taxes, fees, utilities, fines or penalties assessed or imposed in relation to a sexually oriented business;
(9) 
An applicant shares a residence with a person who has been denied an SOBP within the preceding twelve (12) months or with a person whose SOBP has been revoked within the preceding twelve (12) months;
(10) 
The application or renewal fee required by these regulations has not been paid; or
(11) 
An applicant has been employed in a managerial capacity of an enterprise within the preceding twelve (12) months and, due to failure of the applicant to effectively operate or manage that enterprise in a peaceful and law abiding manner, action by law enforcement officers was required to keep the peace or restrict unlawful activity at that enterprise during that period.
(b) 
The SOBP shall be valid for one year from the date issued unless revoked or suspended under the provisions of Section 4.618, the enterprise is sold or transferred or the permit is cancelled by written request of the applicant.
(c) 
In the event that the chief of police determines that an applicant is not eligible for a permit, the applicant shall be given notice in writing of the reasons for that determination.
(1965 Code of Ordinances, Chapter 16 3/4, Article II, Section 16 3/4-39)
(a) 
Authority; Reasons.
The chief of police shall have the authority and power to revoke a permit for any one or more of the following reasons:
(1) 
The owner or operator of the enterprise knowingly allowed a person under nineteen (19) years of age to enter the establishment;
(2) 
Three (3) or more cumulative violations of any of the offenses contained in Section 4.617(a)(1) or other violation of these regulations have occurred on the premises of the enterprise within a period of eight (8) months and the owner or operator failed to make reasonable effort to prevent the occurrences of such violations;
(3) 
The applicant provided materially false, fraudulent or untruthful information on the original or renewal application form;
(4) 
The enterprise has been closed for business for a period of thirty (30) consecutive days, unless such closure is due to circumstances beyond the control of the owner and the owner is proceeding with the due diligence to reopen the establishment;
(5) 
The SOBP should not have been issued pursuant to these regulations.
(b) 
Determination of Probable Cause.
Prior to revocation or suspension of an SOBP, the chief of police shall determine whether probable cause for such action exists. If probable cause is found, the chief of police shall forward to the applicant or applicant's designated agent written notice of revocation or suspension. The notice shall contain the reasons for the action.
(c) 
Hearing.
The applicant or the applicant's designated agent shall have the opportunity to appear before a hearing official appointed by the city council. The hearing shall be held at a time and place designated in the notice. The hearing official shall not have participated in any investigation of the alleged grounds for the revocation. The hearing shall be held within fourteen (14) days of the date of notice and each party shall be provided an opportunity to present, evidence, cross examine witnesses and be represented by legal counsel.
(d) 
Notice of Revocation.
Upon a finding the SOBP should be revoked, the hearing examiner shall issue a written order revoking the permit effective the third day after written notice is mailed or otherwise provided to the operator.
(e) 
Suspension in Lieu of Revocation.
If the hearing examiner determines, based upon the nature of the violations, that a suspension in lieu of revocation is appropriate, operation of the permit may be suspended for a period of time not to exceed two (2) months. The hearing examiner shall issue a written order suspending their permit effective the third day after written notice is mailed or otherwise provided to the operator.
(f) 
Revocation for Violation of Subsections (a)(4) or (5).
Where subsection (a)(4) or (5) above has been violated, only revocation of the SOBP shall be available.
(g) 
Exceptions to Hearing Provisions.
The revocation or suspension action of the chief of police shall be subject to the hearing provisions of these regulations except:
(1) 
The chief of police may take immediate action with respect to an SOBP where there is necessity for immediate action to protect the public from injury or imminent danger; or
(2) 
When an SOBP was issued based on a material misrepresentation in the application and but for the material misrepresentation the permit would not have been issued.
(1965 Code of Ordinances, Chapter 16 3/4, Article II, Section 16 3/4-40)
(a) 
It shall be unlawful for any person to be employed by an enterprise as a server, live exhibitionist, host or hostess, cashier, security person, operator or manager without an SOEP pursuant to the provisions of this article. The SOEP shall be available for inspection by the chief of police or other enforcement authorities at the holder's place of employment when the holder is on the premises in the capacity of employee.
(b) 
In any prosecution under subsection (a) above, it shall be presumed that there was no SOEP at the time of the alleged offense if it was not available for inspection as provided in this article.
(c) 
An SOEP does not authorize the operation of an enterprise. Any person obtaining an SOEP who desires to operate an enterprise must separately apply for an SOBP under Section 4.613, but is required to pay only one fee, whichever fee is higher at the time of application.
(1965 Code of Ordinances, Chapter 16 3/4, Article II, Section 16 3/4-51)
(a) 
Application; Fee.
Any person seeking employment as a server, live exhibitionist, host or hostess, cashier, security person, operator or manager of an enterprise must obtain an SOEP by application to the chief of police. A fee to defray the cost of investigation shall accompany the submission of each application. The amount of the fee shall be determined by the city council. The fee shall be paid in the form of cash, money order, cashier or bank check.
(b) 
Required Information.
Each SOEP application shall include the following information:
(1) 
The full legal name, professional or performing names and any other names used by the applicant, applicant's Social Security number and driver's license or Texas Identification Number.
(2) 
The present address and telephone number of the applicant, each residential address and the dates of residence at each address for the three (3) years immediately preceding the date of the application.
(3) 
Documentation that the applicant is at least nineteen (19) years of age.
(4) 
Applicant's height, eye color and natural hair color.
(5) 
Two (2) photographs of the applicant taken within one month immediately preceding the date of application. The size and characteristics of the photograph shall be specified by the chief of police. One photograph shall be affixed to the permit and one photograph shall be retained by the chief of police. A new photograph may be required by the chief of police upon renewal of the permit.
(6) 
Applicant's occupation and employment history for three (3) years immediately preceding that date of application indicating the applicable dates and addresses.
(7) 
The applicant's complete business license or permit history. This shall include any permit or license which has been issued to the applicant by any agency, board, city, county or state, or any professional or vocational license or permit which has expired or is currently in effect. This shall include any license or permit that has been denied or was issued to the applicant and subsequently revoked or suspended, and the reason for the denial, revocation or suspension.
(8) 
A statement of the applicant's criminal history which shall consist of any and all convictions and the dates and places of those convictions. The statement shall include any charges where the applicant entered a plea of nolo contendere or received deferred adjudication if probation has not been successfully completed, but shall not include traffic violations.
(9) 
The name and address of the enterprise or enterprises at which the applicant expects to be employed and the capacity in which the applicant expects to be employed.
(10) 
Other identification and information as reasonably necessary in order to confirm the validity of information provided in the application.
(11) 
The chief of police shall retire the applicant to furnish fingerprints for the purpose of establishing identification.
(c) 
Selling Alcoholic Beverages.
If the applicant will be employed in a capacity that involves serving liquor to clients, evidence of certification through completion of a Texas Alcoholic Beverage Commission approved seller training program, under the V.T.C.A., Alcoholic Beverage Code, Section 106.14, must be obtained by the applicant prior to issuance of the permit.
(d) 
Statement of Truth and Correctness.
The application shall contain a statement under oath that the information provided is true and correct and that the applicant has read and understands these regulations.
(e) 
Investigation.
The chief of police shall have seven (7) days from the receipt of the completed application in which to investigate the application and background of the applicant. Compliance with other provisions of these regulations may from time to time require an extension of this investigatory period in which case an extension, reasonable under the circumstances, shall be allowed.
(f) 
Issuance; Factors Determining Exceptions.
An SOEP shall be issued within fourteen (14) days of receipt of the complete application and the information required by these regulations, subject to subsection (e), unless:
(1) 
The applicant within the immediately preceding five-year period has been convicted, entered a plea of nolo contendere or been given deferred adjudication by a court of competent jurisdiction; or less than three (3) years has elapsed since the completion of a sentence received, including probation and parole, as to any of the following offenses:
(A) 
Prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution or display of harmful material to a minor, sexual performance by a child or possession of child pornography as described in Chapter 43 of the Texas Penal Code;
(B) 
Public lewdness, indecent exposure or indecency with a child as described in Chapter 21 of the Texas Penal Code;
(C) 
Sexual assault or aggravated sexual assault as described in Chapter 22 of the Texas Penal Code;
(D) 
Incest, solicitation of a child or harboring a runaway child as described in Chapter 25 of the Texas Penal Code;
(E) 
Gambling, gambling promotion, keeping a gambling place, communicating gambling information, possession of gambling devices or equipment, or possession of gambling paraphernalia as described in Chapter 47 of the Texas Penal Code;
(F) 
Forgery, credit card abuse, commercial bribery as described in Chapter 32 of the Texas Penal Code;
(G) 
A criminal offense as described in Chapter 481, subchapter D of the Health and Safety Code; or
(H) 
A criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses or any other offense in another state that if committed in this state would have been punishable as one or more of the heretofore mentioned offenses;
(I) 
The chief of police shall defer the determination to issue an SOEP until the final disposition of charges of any of the above listed crimes which are pending or arise during the investigation period.
(2) 
The applicant previously had a similar type of permit revoked for good cause within one year immediately preceding the date of the filing of the application and can show no material changes in the circumstances since the revocation;
(3) 
The applicant has knowingly made a misleading statement by omitting or falsifying a material fact in the application for the SOEP; or
(4) 
The applicant is under nineteen (19) years of age.
(1965 Code of Ordinances, Chapter 16 3/4, Article II, Section 16 3/4-52)
(a) 
Authority; Reasons.
The chief of police shall have the authority and power to revoke an SOEP for any one or more of the following reasons:
(1) 
The applicant provided materially false, fraudulent or untruthful information on the original or renewal application;
(2) 
During the effective period of the SOEP, the applicant is convicted or enters a plea of nolo contendere to any of the violations of the Penal Code, which would have prohibited issuance;
(3) 
The SOEP should not have been issued pursuant to the regulations.
(b) 
Determination of Probable Cause.
Prior to revocation or suspension, the chief of police shall determine whether probable cause for such action exists. If probable cause is found, the chief of police shall forward to the applicant a written notice. The notice shall state the proposed action and the reasons thereof.
(c) 
Hearing.
Subject to Section 4.607, the applicant shall have the opportunity to appear before a hearing official appointed by the city council at a time and place designated in the notice of revocation or suspension. The hearing official shall not have participated in any investigation of the grounds for the action. The hearing shall be held within fifteen (15) days of the date of notice and each party shall be provided an opportunity to present evidence, cross-examine witnesses and be represented by legal counsel.
(d) 
Notice of Revocation.
Upon a finding that the SOEP should be revoked, the hearing examiner shall issue a written order of revocation. The order will take effect on the third day after written notice is given to the SOEP holder.
(e) 
Suspension in Lieu of Revocation.
If the hearing examiner determines, based upon the nature of the violations, that a suspension in lieu of revocation is appropriate, the SOEP may be suspended for a period of time not to exceed two (2) months. The hearing examiner shall issue a written order of suspension which will take effect on the third day after notice is given to the SOEP holder.
(f) 
Revocation for Violation of Subsections (a)(2) and (3).
In cases of subsections (a)(2) and (3) above, only revocation shall be available.
(g) 
Exceptions to Hearing Provisions.
The revocation or suspension action of the chief of police shall be subject to the hearing provisions of these regulations except:
(1) 
The chief of police may take immediate action with respect to an SOEP where there is urgency of immediate action to protect the public from injury or imminent danger; or
(2) 
When an SOEP was issued based on a material misrepresentation in the application and, but for the material misrepresentation, the SOEP would not have been issued.
(1965 Code of Ordinances, Chapter 16 3/4, Article II, Section 16 3/4-53)
All persons operating an enterprise or employed in the capacities set out in Section 4.620 at the time these regulations become effective shall submit the appropriate application for a permit within forty-five (45) days of the effective date of these regulations.
(1965 Code of Ordinances, Chapter 16 3/4, Article II, Section 16 3/4-54)
No person, association, partnership or corporation shall engage in, conduct, carry on or conduct the operation of an enterprise unless each and all of the following requirements are met:
(1) 
Each person employed or acting as a server, dancer, model, cashier, host or hostess, security person, operator or manager of an enterprise shall have a valid SOEP issued pursuant to the provisions of these regulations. It shall be a violation of these regulations for any owner, operator, responsible managing employee, manager or permittee in charge of or in control of an enterprise to employ or allow any person to act in the restricted capacities without valid unrevoked SOEP available on the premises for inspection.
(2) 
It shall be unlawful for any employee, owner, operator, responsible managing employee, manager or permittee of an enterprise to allow any person below the age of eighteen (18) years upon the premises or within the confines of the enterprise.
(3) 
It shall be unlawful for any employee to have physical contact with the specified anatomical areas of the other employees or patrons on the premises of the enterprise.
(4) 
Any person performing or who is present in a state of nudity must do so at least six (6) feet from the nearest patron and on a stage at least eighteen (18) inches above floor level.
(5) 
Any location within the enterprise regularly used for the purpose of live exhibitions while the performers are in state of nudity must have clear indications of the six feet barrier zone. The absence of the demarcation will create presumption that there have been violations of these regulations during performances in the unmarked area.
(1965 Code of Ordinances, Chapter 16 3/4, Article II, Section 16 3/4-65)
Any person who engages in or employs another person to engage in, or permittee or agent who causes or allows any person to engage in any of the following acts in a permitted premises is in violation of these regulations:
(1) 
To sell or serve alcoholic beverages while such seller or server is in a state of nudity.
(2) 
To mingle with the patrons of the enterprise as a host or hostess, or in a similar capacity, in a state of nudity.
(3) 
To perform, whether clothed or in a state of nudity, acts or acts which simulate sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any public sexual acts which are prohibited by law.
(1965 Code of Ordinances, Chapter 16 3/4, Article II, Section 16 3/4-66)
(a) 
Evidence that a sleeping room in a hotel, motel or similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in these regulations.
(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 permit, that person rents or subrents the same sleeping room again.
(c) 
For purposes of subsection (b) above, the terms "rent" or "subrent" means the act of allowing a room to be occupied for any form of consideration.
(1965 Code of Ordinances, Chapter 16 3/4, Article II, Section 16 3/4-67)
A person who operates and causes to be operated an enterprise other than an adult motel which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space a film, video cassette or other visual reproduction which depicts specified sexual activities or specified anatomical areas shall comply to the following requirements:
(1) 
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, excluding restrooms, to which any patron is allowed access for any purpose.
(2) 
If the premises has two (2) or more managers' 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 a patron is allowed access for any purposes, excluding restrooms, 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.
(3) 
At least one employee shall be on duty and situated in each manager's station at all times that any patron is present inside the premises.
(1965 Code of Ordinances, Chapter 16 3/4, Article II, Section 16 3/4-68)
(a) 
An escort agency shall not employ any person under eighteen (18) years of age.
(b) 
A person violates these regulations if he acts as an escort for any person under the age of eighteen (18) years.
(1965 Code of Ordinances, Chapter 16 3/4, Article II, Section 16 3/4-69)
(a) 
A person violates these regulations by appearing in a state of nudity or knowingly allowing another person to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.
(b) 
A nude model studio shall not place or allow a bed, sofa or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.
(1965 Code of Ordinances, Chapter 16 3/4, Article II, Section 16 3/4-70)
(a) 
It shall be unlawful to allow a person who is younger than eighteen (18) years of age to enter or be on the premises of an enterprise at any time that the enterprise is open for business.
(b) 
An attendant shall be stationed at each public entrance to the enterprise at all times during the enterprise's business hours. The attendant shall not allow any person under the age of eighteen (18) years of age to enter the enterprise. It shall be presumed that an attendant knew a person was under the age of eighteen (18) unless the attendant asked for and was furnished:
(1) 
A valid operator's, commercial operator's or chauffeur's driver license;
(2) 
A valid personal identification certificate issued by the Texas Department of Public Safety reflecting that such person is eighteen (18) years of age or older.
(1965 Code of Ordinances, Chapter 16 3/4, Article II, Section 16 3/4-71)
(a) 
An establishment that as one of its 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, photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations that depict or describe specified sexual activities or specified anatomical areas as defined in Section 4.603.
(2) 
Instruments, devices or paraphernalia that are designed for the use in connection with specified sexual activities as defined in Section 4.603;
shall keep all such items in an area that is not accessible or viewable by the general public except that any customers that request such items and provided such customers are over the age of 18, and:
(1)
It shall be unlawful to allow a person who is younger than eighteen (l8) years of age to enter or be in such non accessible or viewable area at any time that the enterprise is open for business.
(2)
An attendant shall be stationed at each entrance to the non accessible or viewable area at all times during the enterprise's business hours. The attendant shall not allow any person under the age of eighteen (l8) years of age to enter the enterprise. It shall be presumed that an attendant knew a person was under the age of eighteen (l8) unless the attendant asked for and was furnished:
 
(A)
A valid operator's, commercial operator's or chauffeur's driver license;
 
(B)
A valid personal identification certificate issued by the Texas Department of Public Safety reflecting that such person is eighteen (18) years of age or older.
(b) 
This section shall only apply to bookstores and video stores as defined in Section 4.603.
(Ordinance 1814 adopted 4/9/98)