(a) 
It is the purpose of this article to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the town, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the town. 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 neither 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 town council that the location regulations of section 4.05.061 of this article are promulgated pursuant to chapter 243 of the Texas Local Government Code.
(Ordinance 344-04 adopted 2/17/04; 2004 Code, sec. 4.301)
In this article:
Adult arcade.
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 (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas.”
Adult bookstore or adult video store.
A commercial 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, or photographs, films, motion pictures, videocassettes or video reproductions, slides, or other visual representations that depict or describe “specified sexual activities” or “specified anatomical areas”; or
(2) 
Instruments, devices, or paraphernalia that are designed for use in connection with “specified sexual activities.”
Adult cabaret.
A nightclub, bar, restaurant, or similar commercial establishment that regularly features:
(1) 
Persons who appear in a state of nudity or semi-nudity, including topless dancers, nude dancers or strippers, male or female;
(2) 
Live performances that are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”; or
(3) 
Films, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
Adult motel.
A hotel, motel or similar commercial establishment that:
(1) 
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions that 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 type of photographic reproductions;
(2) 
Offers a sleeping room for rent for a period of time that is 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 where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are shown that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
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 which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”
Child care facility.
A building used as a day nursery, children’s boarding home, child placement agency, or religious or charitable encampment for children, or any other place for the care or custody of children under sixteen (16) years of age.
Church.
A building in which persons regularly assemble for worship, intended primarily for purposes connected with faith, or for propagating a particular form of belief.
Escort.
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 or to privately perform a striptease for another person.
Escort agency.
A person who, or business association that, furnishes, offers to furnish, or advertises to furnish escorts as one of its business purposes, for a fee, tip, or other consideration.
Establishment.
Includes any of the following:
(1) 
The opening or commencement of any sexually oriented business as a new business;
(2) 
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) 
The addition of any sexually oriented business to any other existing sexually oriented business; or
(4) 
The relocation of any sexually oriented business.
Licensee.
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.
Nude model studio.
Any place where a person who appears in a state of nudity or semi-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.
Nudity or a state of nudity.
(1) 
The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast; or
(2) 
A state of dress that fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast.
Operates or causes to be operated.
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.
Person.
An individual, proprietorship, partnership, corporation, association, or other legal entity.
Residential district.
A single-family, duplex, townhouse, multiple-family or mobile home district or area so designated by such uses.
Residential use.
Property used for single-family, duplex, multiple-family, mobile home park, mobile home subdivision, or campground purposes.
School.
Any public or private learning center, elementary school, secondary school, junior college, community college, college, university or other center for post-secondary education.
Semi-nude.
A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breasts, as well as portions of the body covered by supporting straps or devices.
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 or semi-nude.
Sexually oriented business.
An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
Specified anatomical areas.
Human genitals in a state of sexual arousal.
Specified sexual activities.
Includes any of the following:
(1) 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) 
Sex acts, normal or perverted, 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 subsections (1) through (3) above.
Substantial enlargement of a sexually oriented business.
The increase in floor area occupied by the business by more than twenty (20) percent, as the floor area existed on the date of the enactment of this article.
Town secretary.
The town secretary or his/her designated agent.
Transfer of ownership or control of a sexually oriented business.
Includes any of the following:
(1) 
The sale, lease, or sublease of the business;
(2) 
The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) 
The establishment of a trust, gift, or other similar legal device that 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 344-04 adopted 2/17/04; 2004 Code, sec. 4.302)
(a) 
Except as provided by subsection (b) of this section, any person violating section 4.05.061 of this article, upon conviction, is punishable by a fine in accordance with the general penalty provision set forth in section 1.01.009 of this code for each offense, 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 a nude model studio or sexual encounter center, then violation of section 4.05.031(a) of this article is punishable as a class A misdemeanor.
(c) 
Except as provided by subsection (b) of this section, any person violating a provision of this article other than section 4.05.061, upon conviction, is punishable by a fine in accordance with the general penalty provision set forth in section 1.01.009 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 4.05.031(a), section 4.05.061 or section 4.05.082(c) [4.05.082(d)] of this article that a person appearing in a state of nudity or semi-nudity did so in a modeling class operated:
(1) 
By a proprietary school licensed by the state; 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 or semi-nude person is available for viewing;
(B) 
Where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and
(C) 
Where no more than one (1) nude or semi-nude model is on the premises at any one time.
(e) 
It is a defense to prosecution under section 4.05.031(a) or section 4.05.061 of this article 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.
(Ordinance 344-04 adopted 2/17/04; 2004 Code, sec. 4.321)
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of section 4.05.061 of this article is subject to a suit for injunction as well as prosecution for criminal violations.
(Ordinance 344-04 adopted 2/17/04; 2004 Code, sec. 4.322)