ARTICLE 4.1100 SEXUALLY ORIENTED BUSINESSES

Adult Bookstore or Adult Video Store.

Within this article, the following definitions shall apply:

Adult Arcade.

Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, 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 specified sexual activities or specified anatomical areas; or

Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.

Adult Cabaret.

A nightclub, bar, restaurant, or similar commercial establishment which regularly features:

Persons who appear in a state of nudity;

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.

Adult Motel.

A hotel, motel or similar commercial establishment which:

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 which 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 adult type of photographic reproductions;

Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

Adult Motion Picture Theater.

Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.

A commercial establishment where for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown and are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult Tanning Salon.

A commercial establishment which provides facilities for tanning the human skin, such as tanning beds, suntan lights, or other similar facilities, and regularly features for the entertainment of its clientele:

Persons who appear in a state of nudity; or

Church or Place of Religious Worship.

Live performances or style shows of lingerie performed by persons who appear in a state of nudity or which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

Adult Theater.

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 anatomical areas or by specified sexual activities.

Applicant.

A person who must apply for a license by this article.

Chief of Police.

The chief of police of the city or his designated agent.

Child-Care Facility.

A building used as a day nursery, children’s boarding home, child-placing agency or other place for the care or custody of children under 15 years of age licensed by the state pursuant to Texas Human Resources Code Section 42.041, et seq.

A building in which persons regularly assemble for worship, intended primarily for purposes connected with faith, or for propagating a particular form of belief.

Dwelling.

A house, duplex, apartment, townhouse, condominium, mobile home or any other building used for residential purposes.

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 for a fee, tip, or other consideration.

Escort Agency.

A business association which furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.

Establishment.

Includes 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;

The relocation of any sexually oriented business; or

Nudity or a State of Nudity.

A location and place of business.

Hospital.

A building used to provide health services for human inpatient medical care for the sick or injured, licensed pursuant to the Texas Hospital Licensing Law (Texas Health and Safety Code Section 241.001, et seq.) or operated by an agency of the federal government, or a convalescent facility licensed pursuant to Texas Health and Safety Code Section 242.001, et seq.

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 on a person licensed under this article.

Nude Modeling Studio.

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 pay money or any form of consideration.

The appearance of a human bare buttock, anus, male genitals, female genitalia, pubic region or female breasts; or

Operates or Causes to be Operated.

A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitalia, pubic region or areola of the female breast;

Includes material that is painted or applied to the body, such as paint, liquid latex or employment of any device or covering intended to give the appearance of or simulate the parts of the body listed in subsections (1) or (2). Shall not include a mother in the act of nursing her child.

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.

Park.

A tract of land maintained by the federal, state or local government or by a private homeowner’s association for the recreation and enjoyment by the general public or members of the homeowner’s association.

Person.

An individual, proprietorship, partnership, corporation, association, or other legal entity.

Public Building.

A building used by federal, state or local government and open to the general public.

School.

A building where persons regularly assemble for the purpose of instruction or education, together with the playgrounds, dormitories, stadiums and other structures or grounds used in conjunction therewith.

Seminude.

A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, 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 physical contact in the form of wrestling or tumbling between persons of the opposite sex or other 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 seminude.

Sexually Oriented Business.

An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult tanning salon, adult theater, escort agency, nude modeling studio, sexual encounter center, 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.

Human genitals in a state of sexual arousal.

Specified Sexual Activities.

Includes any of the following:

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

Masturbation, actual or simulated; or

Transfer of Ownership or Control of a Sexually Oriented Business.

Excretory functions as part of, or in connection with, any of the activities set forth in subsections (1) through (3) above.

Includes 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 the law upon the death of the person possessing the ownership or control.

All words, phrases, and terms not specifically defined herein shall have their normally accepted meanings.

(Ordinance 908, sec. 1, adopted 3/5/07)

§ 4.1103 Classification.

Sexually oriented businesses include but are not limited to the following:

Adult arcades;

Adult bookstores or adult video stores;

Adult cabarets;

Adult motels;

Adult motion picture theaters;

Adult tanning salons;

Adult theaters;

Escort agencies;

(9)

Nude modeling studios; and

(10)

Sexual encounter centers.

§ 4.1104 License Required; Duties of Applicant; Location of Business.

The chief of police shall make the determination of what constitutes a sexually oriented business which decision may then be appealed to city council.

(Ordinance 908, sec. 1, adopted 3/5/07)

The following shall be required to be licensed:

All owners, clerks, and employees of a sexually oriented business are required to be licensed to operate or work in said business. The term “employees” includes persons who work in a sexually oriented business for gratuities or other compensation, and do not earn wages or a salary.

All corporations or directors of corporations of any sexually oriented business and their employees.

All partners in any sexually oriented business and their employees.

All executive officers, corporations, partners, and lien holders and their employees which are associated with any sexually oriented business requiring a license under this article.

No person shall work for any sexually oriented business without having at all times while at work, a valid current Texas driver’s license or a state-issued identification card which depicts a picture of the person and indicates the person’s date of birth.

No dance, performance, exhibition or show by an employee in a state of nudity or seminude shall occur closer than ten feet (10') to any patron or client. The ten-foot (10') zone shall be clearly marked for every location within the sexually oriented business to be used for the purpose of live dance, performance, exhibition or show. The absence of this demarcation will create a presumption that there have been violations of these regulations during performances in an unmarked area.

A sexually oriented business has the duty to keep the following information on file for each person employed at the enterprise:

The full legal name, professional or performing names and any other names used by the employee;

A photocopy of the employee’s valid driver’s license or state department of transportation identification card;

The current address and telephone number of the employee;

Employee’s height, eye color and natural hair color;

A photograph of the employee taken within one (1) month immediately preceding the date of employment and updated every year;

A description of the capacity in which the employee is employed; and

If the employee is employed in a capacity that involves serving liquor to patrons, evidence of certification through completion of a Texas Alcoholic Beverage Commission approved seller-training program, under the Texas Alcoholic Beverage Code Section 106.14.

All potential employees and/or clerks of sexually oriented businesses must comply with all applicable sections of this article and not be in violation of any sections of this article before being issued an identification card to work at the business. Application forms will be provided by the chief of police and the determination of compliance shall be made by the chief of police within thirty (30) days from time of application.

An application for a sexually oriented business license must be made on a form provided by the chief of police. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but must be 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. The chief of police must review all location requirements within thirty (30) days from the time the application is filed.

(g)

All employees shall, while at work, wear a nametag with their full legal name or professional or performing name and a current photograph. The nametags shall be on a form provided by the chief of police.

(h)

The applicant for a sexually oriented business license must be qualified according to the provisions of this article.

If a person who wishes to operate a sexually oriented business is an individual, such person 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 an interest in the business must sign the application for a license as applicant and shall be considered a licensee if a license is granted.

(j)

The fact that a person possesses any other valid license required by law does not exempt that person from the requirement of obtaining a sexually oriented business license. A person who operates a sexually oriented business and possesses another business license shall comply with the requirements and provisions of this article, as well as the requirements and provisions of the laws concerning the other license.

(k)

Each applicant shall attach two copies of a recent photo to the application form.

(l)

The application shall be accompanied by the following:

Payment of the application fee in full; and

If the establishment is a Texas corporation, a certified copy of the articles of Incorporation, together with all amendments thereto;

If the establishment is a foreign corporation, a certified copy of the certificate of authority to transact business in this state, together with all amendments thereto;

(C)

If the establishment is a limited partnership formed under the laws of Texas, a certified copy of the certificate of limited partnership, together with all amendments thereto; or

(D)

If the establishment is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto.

(m)

Each applicant for a sexually oriented business license shall, upon the filing of the application and payment of the filing fee, place signs on the proposed site (at least 24 inches x 36 inches in size) which provide notification and information specifically stating “Sexually Oriented Business License Application Pending” and the date on which the application was filed. All lettering on the signs must be at least 1 and 1/2 inches x 2 inches in size for each letter on the sign. The signs must be of sufficient quantities to be placed upon the property so as to identify it as being subject to a proposed sexually oriented business license. It shall be the duty of each applicant as to each particular application to erect said signs along all the property’s public road or highway frontage so as to be clearly visible from the public road or highway. If a property does not have a public road or highway frontage, then signs shall be placed upon the property in a manner to maximize the view of said sign when approached from the customary means of approaching the property. One sign shall be erected for each three-hundred-foot (300') increment of each public road or highway frontage on said existing property, or any part thereof. Said signs shall be erected not less than fourteen (14) days after the filing of the application for the sexually oriented business license and remain erected until the application has been acted upon by the chief of police.

(n)

Every applicant for a sexually oriented business license shall give notice of the application by publication at the applicant’s expense in two consecutive issues of a newspaper of general circulation in the city. The notice shall be printed in 10-point boldface type and shall include the following information:

The fact that a sexually oriented business license has been applied for;

The exact location of the place of business for which the permit is sought;

The names of each owner of the business and, if the business is operated under an assumed name, the trade name together with the names of all owners; and

If the applicant is a corporation, the names and titles of all officers.

Such notice shall be printed not less than fourteen (14) days after the application is filed with the chief of police.

(o)

The applicant for a sexually oriented business permit shall certify that:

The proposed sexually oriented business shall be located a minimum of 1,000 feet from the following:

A dwelling/residence;

A public or private elementary or secondary school;

(C)

A child-care facility;

(D)

A public park and playground;

(E)

A public or private community center;

(F)

A public or private college or university;

(G)

An indoor or outdoor stadium;

(H)

A church or place of religious worship;

A hospital;

A public library;

A museum;

A cultural entertainment facility.

The proposed sexually oriented business shall be located a minimum of 1,000 feet from any other sexually oriented business.

(p)

For the purposes of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property line of the proposed sexually oriented business to the nearest portion of the property line of the facility described in subsection (o) above.

(q)

Provided further, the 1,000-foot distance requirement shall apply regardless of whether the buildings or facilities listed in subsection (o)(1) above are located inside or outside of the city limits.

(Ordinance 908, sec. 1, adopted 3/5/07)

§ 4.1105 Issuance of License.

The chief of police shall approve the issuance of a license to an applicant within sixty (60) days after receipt of an application unless the chief of police finds one or more of the following to be true:

An applicant is under 18 years of age.

An applicant or an applicant’s spouse is overdue in the payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or the applicant’s spouse in relation to a sexually oriented business. The city finance director shall make this determination and report the director’s findings to the chief of police within sixty (60) days from the time the application is filed.

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.

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 years immediately preceding the application. The fact that a conviction is being appealed shall have no effect. The chief of police shall make this determination within sixty (60) days from the time the application is filed.

The premises to be used for the sexually oriented business have not been approved by the chief of police as being in compliance with the location requirements or any other requirements of this article. The chief of police must complete reports of compliance or noncompliance with this article within sixty (60) days from the time the application is filed.

The license fee required by this article has not been paid.

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 recurring action by law enforcement officers.

An applicant or the proposed establishment is in violation of, or is not in compliance with any provision of this article or any other article of this code, or any provision of state law.

(9)

An applicant or an applicant’s spouse has been convicted of a crime:

Involving:

Any of the following offenses as described in Chapter 43 of the Texas Penal Code:

(aa)

Prostitution;

(bb)

Promotion of prostitution;

(cc)

Aggravated promotion of prostitution;

(dd)

Compelling prostitution;

(ee)

Obscenity;

(ff)

Sale, distribution, or display of harmful material to a minor;

(gg)

Sexual performance by a child;

(hh)

Possession of child pornography;

(ii)

Any of the following offenses as described in Chapter 21 of the Texas Penal Code:

(aa)

Public lewdness;

(bb)

Indecent exposure;

(cc)

Indecency with a child;

(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;

(v)

Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses.

For which:

Less than two (2) years have elapsed since the date of conviction, or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

(ii)

Less than five (5) years have elapsed since the date of conviction, or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

(iii)

Less than five (5) years have elapsed since the date of the last conviction, or the date of release from confinement 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-month period.

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant’s spouse.

An applicant who has been convicted or whose spouse has been convicted of an offense listed in subsection (a)(9) above may qualify for a sexually oriented business license only when the time period has elapsed.

The license, if granted, shall 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 shall 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.

It shall be the duty of the chief of police to report to the applicant his findings within sixty (60) days from the time the application is filed.

No license shall be issued if the applicant is in violation of any health and safety statutes of the state or health and safety ordinances of the city.

(g)

Any sexually oriented business which is in operation on the effective date of this article (Ordinance adopted March 5, 2007) shall have sixty (60) days within which time to file an application with the chief of police. During the sixty-day period said applicant who was in business on the effective date of this article cannot otherwise be regulated by this article.

(h)

If the chief of police fails to act upon an application within the sixty-day period specified in this article, the applicant shall be entitled to the issuance of a temporary license upon written demand thereto to the chief of police by the applicant. Such a temporary license shall be valid only until the third day after the chief of police issues the requested license or denies issuance of same. Denial of a license shall be appealable as set out in this article.

(Ordinance 908, sec. 1, adopted 3/5/07)

§ 4.1106 Fees.

The annual fee for a sexually oriented business license shall be as established from time to time by city council and contained in the city’s fee schedule.

The annual fee for each employee of a sexually oriented business shall be as established from time to time by city council and contained in the city’s fee schedule.

No portion of any fee collected under this article shall be returned after a permit application has been filed.

(Ordinance 908, sec. 1, adopted 3/5/07)

§ 4.1107 Violations.

It shall be a violation of this article for any person to own or operate a sexually oriented business at a location inside the corporate limits of the city unless the sexually oriented business possesses a valid license issued by the chief of police in accordance with the terms of this article.

It shall be a violation of this article for any person to be employed at or work at a sexually oriented business at a location inside the corporate limits of the city unless the person shall possess a valid license issued by the chief of police in accordance with the terms of this article. This includes individuals who work for gratuities or other compensation but may not earn wages or a salary.

It shall be a violation of this article for any person to employ, in a sexually oriented business at a location inside the corporate limits of the city, a person under the age of 18 years. This includes individuals who work for gratuities or other compensation but may or may not earn wages or a salary.

It shall be a violation of this article for a person under the age of 18 years to appear in or on the premises of a sexually oriented business.

It shall be a violation of this article for a person to knowingly allow a person under the age of 18 years to appear in or on the premises of a sexually oriented business.

It shall be a violation of this article for a person to appear in a state of nudity in an area of a sexually oriented business which can be viewed from any place outside of the building in which the business is located.

(g)

It shall be a violation of this article for an employee of a sexually oriented business who appears in a state of nudity or seminude to fondle or caress any patron or clientele of the sexually oriented business, and it shall be unlawful for any patron or clientele of any sexually oriented business to fondle or caress any employee of a sexually oriented business who appears in a state of nudity or seminude.

(h)

It shall be a violation of this article for an employee or customer of a sexually oriented business to appear in a state of total nudity, or to provide or receive services in a state of total nudity.

It shall be a violation of this article for any employee, owner, or operator to require, request or suggest that any patron or employee remove their clothing.

(Ordinance 908, sec. 1, adopted 3/5/07)

§ 4.1108 Inspection.

An applicant or licensee shall permit representatives of the city police department or code enforcement to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law at any time it is occupied or open for business.

A person who operates a sexually oriented business or his agent or employee commits an offense if he refuses to permit a lawful inspection of the premises by representatives of the city police department or code enforcement at any time it is occupied or open for business.

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 habitat.

(Ordinance 908, sec. 1, adopted 3/5/07)

§ 4.1109 Expiration of License.

Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in Section 4.1104. Applications for renewal should be made at least thirty (30) days before the expiration date and when made less than thirty (30) days before the expiration date, the expiration of the license will not be affected.

(Ordinance 908, sec. 1, adopted 3/5/07)

§ 4.1110 Suspension.

The chief of police shall suspend a license for a period not to exceed thirty (30) days if the chief of police determines that a licensee has:

Violated or is not in compliance with any portion of this article;

Engaged in use of alcoholic beverages while on the sexually oriented business premises contrary to the terms of any license issued by the Texas Alcoholic Beverage Commission;

Refused to allow an inspection of the sexually oriented business premises as authorized by this article;

Knowingly permitted gambling by any person on the sexually oriented business premises;

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 908, sec. 1, adopted 3/5/07)

§ 4.1111 Revocation.

The chief of police shall revoke a license if a cause of suspension in Section 4.1110 occurs and the license has been suspended within the preceding twelve (12) months.

The chief of police shall revoke a license if the chief of police determines that:

A licensee gave false or misleading information in the material submitted to the chief of police during the application process;

A licensee or an employee has knowingly allowed possession, use, or sale of controlled substances on the premises;

A licensee or an employee has knowingly allowed prostitution on the premises;

A licensee or an employee knowingly operated the sexually oriented business during a period of time when the licensee’s license was suspended;

A licensee has been convicted of an offense listed in Section 4.1105(a)(9) for which the time period required in Section 4.1105(a)(9) has not elapsed;

On two or more occasions, within a twelve-month period, a person or persons committed an offense occurring in or on the licensed premises of a crime listed in Section 4.1105(a)(9), 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;

A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the licensed premises. The term “sexual contact” shall have the same meaning as it is defined in Section 21.01 of the Texas Penal Code;

A licensee is delinquent in payment to the city for hotel occupancy taxes, ad valorem taxes, or sales taxes related to the sexually oriented business; or

(9)

A licensee has violated a health and/or safety statute or ordinance.

The fact that a conviction is being appealed shall have no effect on the revocation of the license.

Subsection (b)(7) hereunder does not apply to adult motels as a grounds for revoking the license unless the licensee or employee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view.

§ 4.1114 Additional Regulations for Adult Cabarets.

When the chief of police revokes a license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date revocation became effective. If, subsequent to revocation, the chief of police finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective. If the license was revoked under subsection (b)(5) hereunder, an applicant may not be granted another license until the appropriate number of years required under Section 4.1105(a)(9) has elapsed.

(Ordinance 908, sec. 1, adopted 3/5/07)

§ 4.1112 Appeal.

If the chief of police denies the issuance of a license, or the chief of police suspends or revokes a license, the chief of police shall send to the applicant, or licensee, by certified mail, return receipt requested, written notice of the action, a statement of facts with supporting documentation which formed the basis for the decision, and notice of the right to an appeal. The aggrieved party may appeal a decision of the chief of police to the city council. An appeal to the city council must be filed with the city secretary within fifteen (15) days of receipt of notice of the decision of the chief of police. Filing an appeal to city council stays the chief of police in suspending or revoking a license until the city council makes a final decision. The city council shall, within twenty-one (21) days after receiving a notice of appeal, grant a hearing on the appeal and shall, within a period of five (5) days after said hearing, sustain or reverse the decision of the chief of police. If no appeal is taken from the findings made by the chief of police within the time provided herein, the decision of the chief of police is final.

(Ordinance 908, sec. 1, adopted 3/5/07)

§ 4.1113 Transfer of License.

A licensee shall not transfer the 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 908, sec. 1, adopted 3/5/07)

Any dance, performance, exhibition or show by an employee in a state of nudity or while seminude shall occur on a platform which is raised at least two feet (2') from the level of the floor.

No dance, performance, exhibition or show by an employee in a state of nudity or seminude shall occur closer than ten feet (10') to any patron or clientele.

No patron or clientele shall directly pay or give any gratuity to any person, employee or otherwise, who shall dance or participate in any show, exhibition or performance while in a state of nudity or seminude.

No person, employee or otherwise, shall solicit or accept any gratuity from any patron or clientele in return for dancing or participating in any show, exhibition or performance while in a state of nudity or seminude.

§ 4.1115 Additional Regulations for Adult Motels.

A minimum of two (2) signs at least eighteen inches (18") square bearing red letters a minimum of two inches (2") high on a white background shall be prominently displayed in locations readily observed by patrons or clientele providing the following notice:

“Gratuities for Performers are Prohibited by Law. (City of Levelland, Texas Code of Ordinances Article 4.1100.)”

(Ordinance 908, sec. 1, adopted 3/5/07)

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 rebuttable presumption that the establishment is an adult motel as that term is defined in this article.

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 license, he or she rents or sub-rents a sleeping room to a person and within ten (10) hours from the time the room is rented, he or she rents or sub-rents the same sleeping room again.

§ 4.1116 Additional Regulations for Adult Tanning Salons.

For purposes of subsection (b) of this section, the terms “rent” and “subrent” mean the act of permitting a room to be occupied for any form of consideration.

(Ordinance 908, sec. 1, adopted 3/5/07)

Any dance, performance, exhibition or show by an employee in a state of nudity or seminude shall occur on a platform which is raised at least two feet (2') from the level of the floor.

No dance, performance, exhibition or show by an employee in a state of nudity or seminude shall occur closer than ten feet (10') to any patron or clientele.

§ 4.1117 Additional Regulations for Adult Theaters.

“Gratuities for Performers are Prohibited by Law. (City of Levelland, Texas Code of Ordinances Article 4.1100.)”

(Ordinance 908, sec. 1, adopted 3/5/07)

Any dance, performance, exhibition or show by an employee in a state of nudity or seminude shall occur on a platform which is raised at least two feet (2') from the level of the floor.

No dance, performance, exhibition or show by an employee in a state of nudity or seminude shall occur closer than ten feet (10') to any patron or clientele.

§ 4.1118 Additional Regulations for Escort Agencies.

“Gratuities for Performers are Prohibited by Law. (City of Levelland, Texas Code of Ordinances Article 4.1100.)”

(Ordinance 908, sec. 1, adopted 3/5/07)

A person commits an offense if he or she acts as an escort or agrees to act as an escort for any person under the age of 18 years of age.

(Ordinance 908, sec. 1, adopted 3/5/07)

§ 4.1119 Additional Regulations for Nude Modeling Studios.

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.

Any dance, performance, exhibition or show by an employee in a state of nudity or seminude shall occur on a platform which is raised at least two feet (2') from the level of the floor.

No dance, performance, exhibition or show by an employee in a state of nudity or seminude shall occur closer than ten feet (10') to any patron or clientele.

§ 4.1120 Additional Regulations for Sexual Encounter Centers.

“Gratuities for Performers are Prohibited by Law. (City of Levelland, Texas Code of Ordinances Article 4.1100.)”

(Ordinance 908, sec. 1, adopted 3/5/07)

Any dance, performance, exhibition or show by an employee in a state of nudity or seminude shall occur on a platform which is raised at least two feet (2') from the level of the floor.

No dance, performance, exhibition or show by an employee in a state of nudity or seminude shall occur closer than ten feet (10') to any patron or clientele.

§ 4.1121 Regulations Pertaining to Exhibition of Sexually Explicit Films or Videos.

“Gratuities for Performers are Prohibited by Law. (City of Levelland, Texas Code of Ordinances Article 4.1100.)”

(Ordinance 908, sec. 1, adopted 3/5/07)

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:

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 manager’s stations and the location of all overhead lighting fixtures and designating any portion of the premises in which persons 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 be required. 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 of all areas of the interior of the premises to an accuracy of plus or minus six inches (6"). The chief of police 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.

The application shall be sworn to be true and correct by the applicant.

No alteration in the configuration or location of a manager’s station may be made without the prior approval of the chief of police or a designee of the chief of police.

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 each manager’s station at all times that any patron is present inside the premises.

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. Viewing booths must be separated at least twelve (12) inches from the exterior walls of any other view booths by open space.

It shall be the duty of the owners and operator, and it shall also be the duty of any agents and employees present on the premises, to ensure that the area specified in subsection (a)(5) hereunder remains unobstructed by any doors, walls, merchandise, display racks or other materials at all tunes 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 (a)(1) of this section.

For safety purposes, 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 (1.0) footcandle as measured at the floor level.

It shall be the duty of the owners and operator and it shall also be the duty of any agents and employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present in the premises.

A person having a duty under subsections (a)(1) through (a)(8) above, commits an offense if he or she knowingly fails to fulfill that duty.

§ 4.1122 Display of Sexually Explicit Material to Minors.

The chief of police must review all location requirements within thirty (30) days from the time the application is filed.

(Ordinance 908, sec. 1, adopted 3/5/07)

A person commits an offense if, in a sexually oriented business establishment open to persons under the age of 18 years, he or she 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, any of the following:

Human sexual intercourse, masturbation, or sodomy;

Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts;

Less than completely and opaquely covered human genitals, buttocks, or that portion of the female breast below the top of the areola; or

Human male genitals in a discernibly turgid state, whether covered or uncovered.

In this section “display” means to locate an item in such a manner that, without obtaining assistance from an employee of the business establishment:

It is available to the general public for handling and inspection; or

The cover or outside packaging on the item is visible to members of the general public.

(Ordinance 908, sec. 1, adopted 3/5/07)

§ 4.1123 Alcoholic Beverages.

No alcoholic beverage shall be maintained, used, consumed, possessed, sold, or purchased unless the operator of the business holds a license issued by the Texas Alcoholic Beverage Commission.

(Ordinance 908, sec. 1, adopted 3/5/07)

§ 4.1124 Defenses.

It is a defense to prosecution under Sections 4.1104(a) or 4.1119(a), (b) or (c) that a person appearing in a state of nudity did so in a modeling class operated:

By a proprietary school licensed by the state, a college, or university supported entirely or partly by taxation;

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

In a structure:

Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;

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 nude model is on the premises at any one time.

It is a defense to prosecution under 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 908, sec. 1, adopted 3/5/07)

§ 4.1125 Penalties.

The penalty for violation of this article shall be a fine not exceeding two thousand dollars ($2,000.00). Each continuing day’s violation under this article shall constitute a separate offense.

(Ordinance 908, sec. 1, adopted 3/5/07)

§ 4.1126 Enforcement.

A person commits an offense if the person violates any provision or term of this article.