(a) 
It is the purpose and intent of this article to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the city. 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 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 city council that the local regulations of this article are promulgated pursuant to V.T.C.A., Local Government Code ch. 243.
(1988 Code, ch. 4, sec. 14.01; Ordinance 1998-10, adopted 6/23/98; 2010 Code, sec. 6-19)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Achromatic.
(1) 
The term “achromatic” means colorless, lacking in saturation or hue. Without limitation, the term “achromatic” includes grays, tans and light earth tones.
(2) 
The term “achromatic” does not include white and black and any bold coloration that attracts attention.
Adult arcade
means any place to which the public is permitted, wherein coin-operated or slug-operated or electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images so displayed that are distinguished or characterized by depicting or describing specified sexual activities or specified anatomical areas.
Adult bookstore or adult video store
means 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 primarily 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
means 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 or nude 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
means a motel, hotel, 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 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 hours.
Adult motion picture theater
means 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
means 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 sexual activities or specified anatomical areas.
Applicant,
for the purpose of this article, means any person and/or their spouse, or a person residing with them, that applies for a license to run, operate, or manage a sexually oriented business.
Child care facility
means 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 16 years of age.
Church
means 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 manager and/or his designated agent or representative
means the city manager or person of his choice to administer the provisions of this article.
Escort
means a person who, for consideration, agrees 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
means a person 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
means and 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
means 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
means 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, sculpted, photographed, or similarly depicted by other persons who pay money or any form of consideration.
Nudity or a state of nudity
means the following:
(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 clothe or cover a human bare buttock, anus, male genitals, female genitals, or areola of the female breast is excluded as opaque cover or clothing. Latex paint of any kind or any other form of paints or sprays or see-through material is also excluded as opaque cover or clothing.
Operates or causes to be operated
means to cause to function or to put into 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.
Residential district
means a single-family, duplex, townhouse, multifamily or mobile home district or areas designated by such uses.
Residential use
means property used for single-family, duplex, multifamily, mobile home park, mobile home subdivision or campground purposes.
School
means 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
means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breasts, as well as portions of the body covered by supporting straps or devices.
Sexual encounter center
means a business or commercial establishment 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-nudity.
Sexually oriented business
means 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.
Specified anatomical areas
means human genitals in a state of sexual arousal.
Specified sexual activities
means and 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, and 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) of this definition.
Substantial enlargement (of a sexually oriented business)
means the increase in floor area occupied by the business by more than ten percent, as the floor area existed on the date of enactment of the ordinance from which this article is derived.
Transfer of ownership or control (of a sexually oriented business)
means and 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 the law upon the death of the person possessing the ownership or control.
(1988 Code, ch. 4, sec. 14.02; Ordinance 1998-10, adopted 6/23/98; 2010 Code, sec. 6-20)
(a) 
Except as provided by subsection (b) of this section, any person violating section 4.07.061, upon conviction, is punishable by a fine not to exceed the maximum state fine allowed, 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 4.07.031(a) or 4.07.061 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 4.07.061, upon conviction, is punishable by a fine not to exceed the maximum state fine allowed for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs.
(d) 
In addition to the remedies provided for in subsection (a), (b) or (c) of this section, the city may sue in district court for an injunction to prohibit the violation of a regulation adopted under this article.
(e) 
 
(1) 
It is a defense to prosecution under section 4.07.031(a) or 4.07.061 that a person appearing in a state of nudity or semi-nudity did so in a modeling class operated:
(A) 
By a proprietary school licensed by the state;
(B) 
By a college, junior college, or university supported entirely or partly by taxation;
(C) 
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 by taxation; or
(D) 
In a structure:
(i) 
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;
(ii) 
Where in order to participate in a class a student must enroll at least three days in advance of the class; and
(iii) 
Where no more than one nude or semi-nude model is on the premises at any one time.
(2) 
It is a defense to prosecution under section 4.07.031(a) or 4.07.061 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.
(1988 Code, ch. 4, sec. 14.24; Ordinance 1998-10, adopted 6/23/98; 2010 Code, sec. 6-22; Ordinance adopting 2018 Code)
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of section 4.07.061 is subject to a suit for injunction as well as for criminal violations.
(1988 Code, ch. 4, sec. 14.25; Ordinance 1998-10, adopted 6/23/98; 2010 Code, sec. 6-23)