(a)
It is
the purpose of this article to regulate sexually oriented businesses
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 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 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 locational regulations of
this article are promulgated pursuant to Chapter 243, V.T.C.A., Local
Government Code.
(Ordinance 04-12 adopted 7/6/04)
In this article:
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 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.”
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 photographs,
films, motion pictures, videocassettes or video reproductions, slides
or other visual representations which depict or describe “specific
sexual activities” or “specified anatomical areas;”
or
Instruments, devices, or paraphernalia, which are designed for,
or used in connection with “specified sexual activities.”
A nightclub, bar, restaurant, 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 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 hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration;
provides the patrons with closed-circuit television transmissions,
films, motion pictures, videocassettes, slides, or other photographic
reproductions which are characterized by the depiction or description
of “specific sexual activities” or “specified anatomical
areas;” and has a sign visible from the public right-of-way
which advertises the availability of this adult type of photographic
reproductions; or
Offers a sleeping room for rent for a period of time that is
less than 10 hours;
Allows a tenant or occupant of a sleeping room to sub-rent the
room for a period of time that is less than 10 hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides, or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of “specified sexual activities” or “specified
anatomical areas.”
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 sexual activities” or “specified anatomical
areas.”
The individual, or his subordinates, designated by the town
and charged with code and ordinance enforcement.
A person whom, 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.
A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as one of its primary business
purposes, for a fee, tip, or other consideration.
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.
A historic overlay zoning district as defined in the comprehensive
zoning ordinance.
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.
Any place 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 may pay money or any form
of consideration.
To cause to function or to put or keep in operation. A person
may be found to be operating or causing to be operating a sexually
oriented business whether or not that person is an owner, part owner,
or licensee of the business.
Means:
An individual proprietorship, partnership, corporation, association,
or other legal entity.
A single-family, duplex, townhouse, multi-family or mobile
home zoning district as defined in the Comprehensive Zoning Code.
A single-family, duplex, or multi-family use as defined in
the comprehensive zoning ordinance.
A state of dress in which clothing covers no more than the
genitals, pubic region, buttocks, and any part of the female breast
below the top of the areola, as well as portions of the body covered
by supporting straps or devices.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
A sex parlor, nude studio, modeling studio, love parlor,
adult bookstore, adult movie theater, adult video arcade, adult movie
arcade, adult video store, adult motel, 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.
Human genitals in a state of sexual arousal.
Any of the following:
The fondling or other erotic touching of human genitals, pubic
region, buttock, anus, or female breasts;
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, or sodomy;
Masturbation, actual or simulated; or
Excretory functions as part of or in connection with any of
the activities set forth in (1) through (3) above.
The town council of the Town of Double Oak or its designated
agent.
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
transfer by bequest or other operation of law upon the death of the
person possessing ownership or control.
(Ordinance 04-12 adopted 7/6/04)
Sexually oriented businesses are classified as follows:
(1)
adult
arcades;
(2)
adult
bookstore or adult video store;
(3)
adult
cabarets;
(4)
adult
motels;
(5)
adult
motion picture theaters;
(6)
adult
theaters;
(7)
escort
agencies;
(8)
nude modeling
studios; and
(9)
sexual
encounter centers.
(Ordinance 04-12 adopted 7/6/04)
(a)
A person
commits an offense if he operates a sexually oriented business without
a valid license issued by the town for the particular type of business.
(b)
An application
for a license must be made in the form provided by the town. The application
must be sworn to and shall 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 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.
(c)
The applicant
must be qualified according to the provisions of this article.
(d)
If a person
who wishes to operate a sexually oriented business is an individual,
he 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, each individual who has a ten percent (10%) or greater
interest in the business must sign the application for a license as
applicant. Each applicant must be qualified under Section 4.405 of
this article, and each applicant shall be considered a licensee if
a license is granted.
(Ordinance 04-12 adopted 7/6/04)
(a)
The building
official shall approve the issuance of a license to an applicant within
sixty (60) days after receipt of an application unless the building
officials finds one or more of the following to be true:
(1)
An
applicant is under eighteen (18) years of age.
(2)
An
applicant or applicant’s spouse is overdue in the payment of
town taxes, fees, fines, or penalties assessed against or imposed
upon the applicant or the applicant’s spouse in relation to
a sexually oriented business.
(3)
An
applicant has failed to provide information reasonably necessary for
issuance of the license or has falsely answered a question or request
for information on the application form.
(4)
An
applicant or an applicant’s spouse has been convicted of a violation
of a provision of this article, other than the offense of operating
a sexually oriented business without a license, within two (2) years
immediately preceding the application.
(5)
Any
fee required by this article has not been paid.
(6)
An
applicant has been employed in a sexually oriented business in a managerial
capacity within the preceding twelve (12) months and has demonstrated
an inability to operate or manage a sexually oriented business premises
in a peaceful and law-abiding manner, thus necessitating action by
law enforcement officers.
(7)
An
applicant or the proposed establishment is in violation or is not
in compliance with Sections 4.407, 4.412, 4.413, 4.414, 4.416, 4.417,
4.418 or 4.419 of this article.
(8)
An
applicant or applicant’s spouse has been convicted of a crime:
(A)
Involving:
(i)
Any of the following offenses described in Chapter 43 of the Texas
Penal Code:
(iii)
Sexual assault or aggravated sexual assault as described in
Chapter 22 of the Texas Penal Code;
(iv)
Incest, solicitation of a child or harboring a runaway child as described
in Chapter 25 of the Texas Penal Code; or
(v)
Criminal attempt, conspiracy, or solicitation to commit an of the
foregoing offenses;
(B)
For which:
(i)
Less than two (2) years have elapsed since the date of the conviction
or the date of the release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a misdemeanor
offense;
(ii)
Less than (5) five years have elapsed since the date of the conviction
or the date of the release from confinement imposed for the conviction,
whichever is the later date, if the conviction is of a felony offense;
or
(iii)
Less than (5) five years have elapsed since the date of the
last conviction or the date of the release from confinement imposed
for the last conviction, whichever is the later date, if the convictions
are of two or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any twenty-four (24) month period.
(b)
The fact that a conviction is being appealed has no effect on the disqualification of the applicant or applicant’s spouse under subsection (a) of this section.
(c)
An applicant who has been convicted or whose spouse has been convicted of an offense listed in subsection (a)(8)(A)of this section may qualify for a sexually oriented business license only when the time period required by subsection (a)(8)(B) has elapsed.
(d)
The building
official, upon approving issuance of a sexually oriented business
license, shall send to the applicant, by certified mail, return receipt
requested, written notice of that action and state where the applicant
must pay the license fee and obtain the license. The building official’s
approval of the issuance of the license does not authorize the applicant
to operate a sexually oriented business until the applicant has paid
all fees required by this article and obtained possession of the license.
(e)
The license,
if granted, must state on its face the name of the person or persons
to whom it is granted, the expiration date and the address of the
sexually oriented business. The license must be posted in a conspicuous
place at or near the entrance to the sexually oriented business so
that it may be easily read at any time.
(Ordinance 04-12 adopted 7/6/04)
(a)
The town
shall collect an annual fee for a sexually oriented business license
in accordance with the fee schedule of the town, as amended from time
to time.
(b)
In addition to the fees required by subsection (a), an applicant for an initial sexually oriented business license shall, at the time of making application, pay a nonrefundable fee in accordance with the fee schedule of the town for the town to consider such application and conduct an investigation of the applicant(s).
(Ordinance 04-12 adopted 7/6/04)
(a)
An applicant
or licensee shall permit the building official to inspect the premises
of a sexually oriented business, for the purpose of ensuring compliance
with the law, at any time it is occupied or open for business.
(b)
A person
who operates a sexually oriented business or his agent or employee
commits an offense if he refuses to permit lawful inspection of the
premises by the building official at any time it is occupied or open
for business.
(c)
The provisions
of this section do not apply to areas of an adult motel, which are
currently being rented by a customer for use as a permanent or temporary
habitation.
(Ordinance 04-12 adopted 7/6/04)
Each license expires one year from the date of issuance, except
that a license issued pursuant to a locational restriction expires
on the date the exemption expires. A license may be renewed only by
making application as provided in Section 4.404. Application for renewal
should be made at least ninety (90) days before the expiration date,
and when made less than ninety (90) days before the expiration date,
the expiration of the license will not be affected by the pendency
of the application.
(Ordinance 04-12 adopted 7/6/04)
The building official shall suspend a license for a period not
to exceed thirty (30) days if it is found that a licensee or an employee
of a licensee has:
(1)
Violated
or is not in compliance with Sections 4.407, 4.412, 4.413, 4.414,
4.416, 4.417, 4.418, 4.419, 4.420, or 4.421 of this article;
(2)
Engaged
in excessive use of alcoholic beverages or drugs while on the sexually
oriented business premises;
(3)
Refused
to allow an inspection of the sexually oriented business premises
as authorized by this article;
(4)
Knowingly
permitted gambling by any person on the sexually oriented business
premises;
(5)
Demonstrated
inability to operate or manage a sexually oriented business in a peaceful
and law-abiding manner thus necessitating action by law enforcement
officers.
(Ordinance 04-12 adopted 7/6/04)
(a)
The building
official shall revoke a license if a cause of suspension in Section
4.409 occurs and the license was previously suspended within the preceding
twelve (12) months.
(b)
The building
official shall revoke a license if the building official determines
that:
(1)
A licensee
gave false or misleading information in the material submitted to
the town during the application process;
(2)
A licensee
or an employee has knowingly allowed possession, use or sale of controlled
substances on the premises;
(3)
A licensee
or an employee has knowingly allowed prostitution on the premises;
(4)
A licensee
or an employee knowingly operated the sexually oriented business during
a period of time when the licensee’s license was suspended;
(5)
A licensee
has been convicted of an offense listed in Section 4.405(a)(8)(A)
for which the period required in Section 4.405(a)(8)(B) has not elapsed;
(6)
On
two or more occasions within a twelve (12) month period, a person
or persons committed an offense occurring in or on the licensed premises
of a crime listed in Section 4.405(a)(8)(A) for which a conviction
has been obtained, and the person or persons were employees of the
sexually oriented business at the time the offenses were committed;
(7)
A license
or an employee has knowingly allowed any act of sexual intercourse,
sodomy, oral copulation, masturbation, or sexual conduct to occur
in/on the licensed premises. The term “sexual contact”
shall have the same meaning as it is defined in Section 21.02, Texas
Penal Code; or
(8)
A licensee
is delinquent in payment to the town for hotel occupancy taxes, ad
valorem taxes, or sales taxes related to the sexually oriented business.
(c)
The fact
that a conviction is being appealed shall have no effect on the revocation
of the license.
(d)
Subsection (b)(7) does not apply to adult motels as a ground for revoking the license unless the licensee or employees knowingly allowed the act of sexual intercourse, sodomy oral copulation, masturbation, or sexual contact to occur in a public place or within public view.
(e)
When the building official revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued a sexually oriented business license for one (1) year from the date of date revocation became effective. If, subsequent to revocation, the building official finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license of at least ninety (90) days have elapsed since the date the revocation became effective. If the license was revoked under subsection (b)(5), an applicant may not be granted another license until the appropriate number of years required under Section 4.405(a)(8)(B) has elapsed.
(Ordinance 04-12 adopted 7/6/04)
If the building official denies the issuance or renewal of a
license, or suspends or revokes a license, the building official shall
send to the applicant or licensee, by certified mail, return receipt
requested, written notice of the action and the right to an appeal.
Upon receipt of written notice of the denial, suspension, or revocation,
the applicant or licensee whose application for a license or license
renewal has been denied or whose license has been suspended or revoked,
has the right to appeal to the state district court. An appeal to
the state district court must be filed within thirty (30) days after
the receipt of notice of the decision of the building official. The
applicant or licensee shall bear the burden of proof in court.
(Ordinance 04-12 adopted 7/6/04)
A licensee shall not transfer his license to another, nor shall
a licensee operate a sexually oriented business under the authority
of a license at any place other than the address designated in the
application.
(Ordinance 04-12 adopted 7/6/04)
(a)
A person
commits an offense if he operates or causes to be operated a sexually
oriented business within one thousand feet (1000') of:
(1)
The
property line of any property zoned other than a Business (“B”)
district;
(2)
A church;
(3)
A school
or childcare facility;
(4)
A boundary
of district zoned for residential use;
(5)
A public
park;
(6)
The
property line of a lot devoted to a residential use; or
(7)
Any
building or structure in which alcoholic beverages are offered for
sale.
(b)
A person
commits an offense if he causes or permits the operation, establishment,
or transfer of ownership or control of a sexually oriented business
within one thousand feet (1000') of another sexually oriented business.
(c)
A person
commits and offense if he causes or permits the operation, establishment,
or maintenance of more than one sexually oriented business in the
same building, structure, or portion thereof or the increase of floor
area of any sexually oriented business in the building structure or
portion thereof containing another sexually oriented business.
(d)
For the purpose of subsection (a), measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, school or child care facility, or residential lot, or to the nearest boundary of an affected public park, residential district or district other than that zoned other than a business (“B”) district.
(e)
For purposes of subsection (b) of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(f)
A sexually
oriented business fully operating as a conforming use is not rendered
a nonconforming use by the location, subsequent to the grant or renewal
of the sexually oriented business license, of a church, school or
child care facility, or residential lot, or to the nearest boundary
of an affected public park, residential district or district zoned
other than Business (“B”) district within one thousand
feet (1000) feet of the sexually oriented business. This provision
applies only to the renewal of a valid license, and does not apply
when an application for a license is submitted after a license has
expired or has been revoked.
(Ordinance 04-12 adopted 7/6/04)
(a)
The following
development standards shall apply to all sexually oriented businesses:
(1)
No
adult business shall be located in any temporary or portable structure.
(2)
Trash
dumpsters shall be enclosed by a screening enclosure so as not to
be accessible to the public.
(3)
No
parking outside of designated parking spaces within the boundaries
of the premises shall be allowed.
(4)
The
entire exterior grounds, including the parking lot and landscaped
areas, shall be lighted in such a manner that all areas are clearly
visible at all times.
(5)
All signage shall conform to Article 3.1300, Double Oak’s Sign Regulations, and shall not contain sexually oriented photographs, silhouettes, or other pictorial representations of specified sexual activities.
(6)
All
entrances to an adult business shall be clearly and legibly posted
by a notice indicating that minors are prohibited from entering the
premises.
(7)
No
residential structure or any other nonconforming structure shall be
converted for use as a sexually oriented business.
(8)
No
residence, apartment, living quarters or mobile home shall be located
on the premises of a sexually oriented business.
(b)
The following
performance standards shall apply to all sexually oriented businesses:
(1)
The
sexually oriented business shall not conduct or sponsor any special
events, promotions, festivals, concerts, or similar activities which
would create a demand for parking spaces beyond the number of spaces
required for the business.
(2)
The
traffic generated by the sexually oriented business shall not overload
the capacity of the surrounding street system and shall not create
a hazard to public safety, as determined by the town.
(3)
No
sexually oriented business shall be operated in any manner that permits
the observation of any persons or material depicting, describing or
related to specified sexual activities or specified anatomical areas,
inside the premises, from any public way or from any location outside
the building or area of such establishment. This provision shall apply
to any display, decoration, sign, show window or other opening.
(4)
No
loudspeakers or sound equipment shall be used by a sexually oriented
business for the amplification of sound to a level audible beyond
the building setbacks for the premises on which the sexually oriented
business is located.
(5)
All
exterior areas of the sexually oriented business, including buildings,
landscaping, and parking areas shall be kept free of trash and debris
and maintained in a clean and orderly manner at all times.
(6)
Hours
of operation shall be from 10:00 a.m. to 12:01 a.m.
(Ordinance 04-12 adopted 7/6/04)
(a)
If the
building official denies the issuance of a license to an applicant
because the location of the sexually oriented business establishment
is in violation of Section 4.413 of this article, then the applicant
may, not later than ten (10) calendar days after receiving notice
of the denial, file with the town secretary a written request for
an exemption from the locational restrictions of Section 4.413 of
this article.
(b)
If the
written request is filed with the town secretary within the ten (10)
day limit, the town council shall appoint a special appeals board
to consider the request. This board may consist of, but is not limited
to, members of the town Planning and Zoning commission or the board
of adjustments. The town secretary shall set a date for the hearing
within sixty (60) days from the date the written request is received.
(c)
A hearing
by the appeals board may proceed if a quorum is present. The appeals
board shall hear and consider evidence offered by any interested person.
The formal rules of evidence do not apply.
(d)
The appeals
board may, in its discretion, grant an exemption from the locational
restrictions of Section 4.413 if it makes the following findings:
(1)
The
location of the proposed sexually oriented business will not have
a detrimental effect on nearby properties or being contrary to the
public safety and welfare;
(2)
The
granting of the exemption will not violate the spirit and intent of
this article;
(3)
The
location of the proposed sexually oriented business will not downgrade
the property values or quality of life in the adjacent areas or encourage
the development of urban blight;
(4)
The
location of an additional sexually oriented business in the area will
not be contrary to the any program of neighborhood conservation nor
will it interfere with any efforts of urban renewal or restoration;
and
(5)
All
other applicable provisions of this article will be observed.
(e)
The appeals
board shall grant or deny the exemption by a majority vote. Failure
to reach a majority vote shall result in denial of the exemption.
Disputes of fact shall be decided on the basis of a preponderance
of the evidence. The decision of the appeals board is final.
(f)
If the
appeals board grants the exemption, the exemption is valid for one
year from the date of the boards action. Upon the expiration of an
exemption, the sexually oriented business is in violation of the locational
restrictions of Section 4.413 of this article, until the applicant
applies for and receives another exemption.
(g)
If the
appeals board denies the exemption, the applicant may not reapply
for an exemption until at least twelve (12) months have elapsed since
the date of the board’s action.
(h)
The grant
of an exemption does not exempt the applicant from any other provisions
of this article other than the locational restrictions of Section
4.413 of this article.
(Ordinance 04-12 adopted 7/6/04)
(a)
An escort
agency shall not employ any person under the age of eighteen (18)
years.
(b)
A person
commits an offense if he acts as an escort or agrees to act as an
escort for any person under the age of eighteen (18) years.
(Ordinance 04-12 adopted 7/6/04)
(a)
A nude
model studio shall not employ any person under the age of eighteen
(18) years.
(b)
A person
under the age of eighteen (18) years commits an offense if he appears
in a state of nudity in or on the premises of a nude modeling studio.
It is a defense to prosecution under this subsection if the person
under eighteen (18) years was in a restroom not open to public view
or persons of the opposite sex.
(c)
A person
commits an offense if he appears in a state of nudity or knowingly
allows another to appear in a state of nudity in an area of a nude
modeling studio premises which can be viewed from the public right-of-way.
(d)
A nude
modeling studio shall not place or permit 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.
(Ordinance 04-12 adopted 7/6/04)
(a)
A person
commits an offense if he knowingly allows a person under the age of
eighteen (18) years to appear in a state of nudity in or on the premises
of an adult theater or adult motion picture theater.
(b)
A person
under the age of 18 years commits an offense if he knowingly appears
in a state of nudity in or on the premises of an adult theater or
adult motion picture theater.
(Ordinance 04-12 adopted 7/6/04)
(a)
Evidence
that a sleeping room in a hotel, motel, or similar commercial establishment
has been rented and vacated two or more times in a period of time
that is less than ten (10) hours creates a rebuttal presumption that
the establishment is an adult motel as that term is defined in this
article.
(b)
A person
commits an offense if, as the person in control of the sleeping room
in a hotel, motel, or similar commercial establishment that does not
have a sexually oriented business license, he rents or sub rents a
sleeping room to a person and, within ten (10) hours from the time
the room is rented, he rents or sub rents the same sleeping room again.
(Ordinance 04-12 adopted 7/6/04)
(a)
A person
who operates or causes to be operated a sexually oriented business,
other than an adult motel, which exhibits on the premises in a viewing
room of less than 150 square feet of floor space, a film, videocassette,
or other video reproduction which depicts specified sexual activities
or specified anatomical areas, shall comply with the following requirements:
(1)
Upon
application for a sexually oriented business license, the application
shall be accompanied by a diagram of the premises showing a plan thereof
specifying the location of one or more managers stations and the location
of all overhead lighting fixtures and designating any portion of the
premises in which patrons will not be permitted. A manager’s
station may not exceed thirty-two (32) square feet of floor area.
The diagram shall also designate the place at which the permit will
be conspicuously posted, if granted. A professionally prepared diagram
in the nature of an engineer’s or architect’s blueprint
shall not be required; however each diagram should be oriented to
the north or to some designated street or object and should be drawn
to a designated scale or with marked dimensions sufficient to show
the various internal dimensions and all areas of the interior of the
premises to an accuracy of plus or minus six inches. The building
official may waive the foregoing diagram for renewal applications
if the applicant adopts a diagram that was previously submitted and
certifies that the configuration of the premises has not been altered
since it was prepared.
(2)
The
application shall be sworn to be true and correct by the applicant.
(3)
No
alteration in the configuration or location of a manager’s station
may be made without the prior approval of the building official.
(4)
It
is the duty of the owners and operator of the premises to ensure that
at least one employee is on duty and situated in the manager’s
station at all times that any patron is present inside the premises.
(5)
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 to which any patron is permitted access for any
purpose excluding restrooms. Restrooms may not contain video reproduction
equipment. If the premises has two or more manager’s 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 any patron is permitted access for any purpose
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.
(6)
It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present in the premises to ensure that the view area specified in subsection (5) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present in the premises and to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection (1) of this section.
(7)
The
premises shall be equipped with overhead lighting fixtures of sufficient
intensity to illuminate every place to which patrons are permitted
access at an illumination of not less than one (1) foot-candle as
measured at the floor level.
(8)
It
shall be the duty of the owners and operator and it shall also be
the duty of any agents and employees present in the premises to ensure
that the illumination described above is maintained at all times that
any patron is present in the premises.
(Ordinance 04-12 adopted 7/6/04)
(a)
A person
commits an offense if, in a business establishment open to persons
under the age of seventeen (17) years, he displays a book, pamphlet,
newspaper, magazine, film, or videocassette, the cover of which depicts,
in a manner calculated to arouse sexual lust or passion for commercial
gain or to exploit sexual lust or perversion for commercial gain,
any of the following:
(1)
Human
sexual intercourse, masturbation, or sodomy;
(2)
Fondling
or other erotic touching of human genitals, pubic region, buttock,
or that portion of the female breast below the top of the areola;
or
(3)
Less
than completely and opaquely covered human genitals, buttocks, or
that portion of the female breast below the top of the areola; or
(4)
Human
male genitals in a discernibly turgid state, whether covered or uncovered.
(b)
In this
section “display” means to locate any item in such a manner
that, without obtaining assistance from an employee of the business
establishment:
(Ordinance 04-12 adopted 7/6/04)
(a)
Except as provided by subsection (b) of this section, any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished in accordance with the general penalty provision found in Section 1.109 of this code for each offense, and each and very day such offense is continued shall constitute a new and separate offense.
(b)
If the
sexually oriented business involved is a nude model studio or sexual
encounter center, then violation of Section 4.413 of this article
is punishable as a Class A misdemeanor.
(c)
It is
a defense to prosecution under Sections 4.404(a), 4.413, or 4.417(c)
that a person appearing in a state of nudity did so in a modeling
class operated:
(1)
By
a proprietary school licensed by the State of Texas; 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 person is available for
viewing; and
(B)
Where, in order to participate in a class, a student must enroll
at least three days in advance of the class; and
(C)
Where no more than one nude model is on the premises at any one time.
(d)
It is
a defense to the prosecution under Sections 4.404(a) or 4.413 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 04-12 adopted 7/6/04)
A person who operates or causes to be operated a sexually oriented
business without a valid license or in violation of Section 4.413
of this article is subject to a suit for injunction as well as prosecution
for criminal violations.
(Ordinance 04-12 adopted 7/6/04)
Sections 4.413 and 4.415 of this article may be amended only
after compliance with the procedure required to amend a zoning ordinance.
Other sections of this article may be amended by ordinance adopted
by majority vote of the town council.
(Ordinance 04-12 adopted 7/6/04)
