(a) 
Posting of sign on intent to locate sexually oriented businesses.
(1) 
The following requirements apply for posting a sign concerning intent to locate a sexually oriented business:
(A) 
An applicant for a sexually oriented business license for a location for which a sexually oriented business license has not previously been issued shall post an outdoor sign at the location in compliance with V.T.C.A., Local Government Code sec. 243.0075, as amended, not later than the 60th day before submitting the application for a sexually oriented business license.
(B) 
The sign shall comply with V.T.C.A., Local Government Code sec. 243.0075, as amended.
(i) 
The sign must be at least 24 by 36 inches in size;
(ii) 
All letters must be at least two inches in height and one and one-half inches in width for each letter on the sign;
(iii) 
The sign shall state that a sexually oriented business is intended to be located on the premises;
(iv) 
The sign shall provide the name and business address of the owner and operator;
(v) 
All required information must be presented in both English and Spanish;
(vi) 
All required information must read horizontally from left to right; and
(vii) 
The sign shall be prominently posted such that it is clearly legible from the public right-of-way.
(C) 
The operator of a proposed sexually oriented business shall notify the chief of police, by certified mail or hand delivery, when a sign is posted at the intended location of the business in compliance with V.T.C.A., Local Government Code sec. 243.0075, as amended. The notification must be in the form of a sworn statement indicating the location of the sign and the date it was posted and must be received by the chief of police within five days after the posting of the sign. If the chief of police receives the notification within five days after the sign was posted, the 60-day posting period required by V.T.C.A., Local Government Code sec. 243.0075 shall be deemed to begin on the posting date. If the notification is received by the chief of police more than five days after the sign was posted, the 60-day posting requirement shall be deemed to begin on the date the chief of police verifies the sign has been posted.
(D) 
When a sign is posted at an intended location of a sexually oriented business and the intended location is not in violation of the distance requirements set out in this article on the posting date, the sexually oriented business will qualify as a conforming use with regard to the distance requirements and will not be rendered nonconforming by any location, subsequent to the posting of the sign, of the use or location described in section 6.07.005(b) and (c) within 1,000 feet of the posted location.
(E) 
Subsection (D) above does not apply if:
(i) 
A completed and correct application for a license for a proposed sexually oriented business is not filed with the chief of police within 20 days after the expiration of the 60-day posting requirement under V.T.C.A., Local Government Code sec. 243.0075, as amended;
(ii) 
The application for a license is withdrawn or denied; or
(iii) 
The notification requirements of subsection (C) are not met.
(b) 
Primary and secondary signs.
(1) 
Notwithstanding any provision of the city’s development code or any other city ordinance, code, or regulation to the contrary, the licensee, owner or operator of any sexually oriented business or any other person commits an offense if he erects, constructs, or maintains any sign for the establishment other than one primary sign and one secondary sign, as provided in this section.
(2) 
A primary sign may have no more than two display surfaces. Each display surface must:
(A) 
Not contain any flashing lights;
(B) 
Be a flat plane, rectangular in shape;
(C) 
Not exceed 75 square feet in area; and
(D) 
Not exceed ten feet in height or ten feet in length.
(3) 
A secondary sign may have only one display surface. The display surface must:
(A) 
Not contain any flashing lights;
(B) 
Be a flat plane, rectangular in shape;
(C) 
Not exceed 20 square feet in area;
(D) 
Not exceed five feet in height or four feet in length; and
(E) 
Be affixed or attached to a wall or door of the establishment.
(4) 
A primary or secondary sign, including a temporary sign, must contain no photographs, silhouettes, drawings, or pictorial representations of any manner, and may contain only:
(A) 
The name of the establishment; and/or
(B) 
One or more of the following phrases:
(i) 
“Adult arcade.”
(ii) 
“Adult bookstore, adult novelty store or adult video store.”
(iii) 
“Adult cabaret.”
(iv) 
“Adult motel.”
(v) 
“Adult motion picture theater.”
(vi) 
“Adult theater.”
(vii) 
“Escort agency.”
(viii) 
“Nude model studio.”
(5) 
In addition to the phrases listed in subsection (b)(4)(B) of this section, a primary sign for an adult motion picture theater may contain the phrase “Movie Title Posted on Premises,” and a primary sign of an adult bookstore, adult novelty store or adult video store may contain the word “DVDs.”
(6) 
Each letter forming a word on a primary or secondary sign must be of a solid color, and each letter must be the same print-type, size, and color. The background behind the lettering on the display surface of a primary or secondary sign must be of a uniform and solid color.
(2006 Code, sec. 22-90; Ordinance 10-09-853, sec. 2, adopted 9/7/10)