(a)
It
is the purpose of this article to promote the health, safety, morals,
and general welfare of the citizens of the city, and to regulate sexually
oriented businesses in order 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.
Similarly, it is neither the intent nor effect of this article to
restrict or deny access by adults to sexually oriented materials protected
by the First Amendment to the Constitution of the United States, or
to deny access by the distributors and exhibitors of sexually oriented
entertainment to their included market.
(Ordinance 98-038, sec. 1, adopted 8/10/98; 1988 Code, sec. 21-125)
In this article:
means any place to which the public is permitted or invited
wherein coin-operated or slug-operated or electronically, electrically,
or mechanically controlled still or motion picture machines, projectors,
or other image-producing devices are maintained to show images to
five (5) or fewer persons per machine at any one (1) time, and where
the images so displayed are distinguished or characterized by the
depicting or describing of “specified sexual activities”
or “specified anatomical areas.”
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:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes or video reproductions, slides,
or other visual representations that depict or describe “specified
sexual activities” or “specified anatomical areas”;
or
Instruments, devices, or paraphernalia that are designed for
use in connection with “specified sexual activities.”
means a nightclub, bar, restaurant, or similar commercial
establishment that regularly features:
Persons who appear in a state of nudity or semi-nudity, including
topless dancers, nude dancers or strippers, male or female;
Live performances that are characterized by the exposure of
“specified sexual activities” or by “specified anatomical
areas”; or
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.”
means a hotel, motel or similar commercial establishment
that:
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;
Offers a sleeping room for rent for a period of time that is
less than ten (10) hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than ten (10) hours.
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.”
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 anatomical areas” or by “specified
sexual activities.”
means the chief of police of the city or his designated agent.
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 sixteen (16) years of age.
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.
means 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.
means a person who, or business association that, furnishes,
offers to furnish, or advertises to furnish escorts as one of its
business purposes, for a fee, tip, or other consideration.
means and 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; or
The relocation of any sexually oriented business.
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.
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, sculptured,
photographed, or similarly depicted by other persons who pay money
or any form of consideration.
means:
means 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.
means an individual, proprietorship, partnership, corporation,
association, or other legal entity.
means a single-family, duplex, townhouse, multiple-family
or mobile home district or area so designated by such uses.
means property used for single-family, duplex, multiple-family,
mobile home park, mobile home subdivision, or campground purposes.
means any public or private learning center, elementary school,
secondary school, junior college, community college, college, university
or other center for post-secondary education.
means a state of dress in which clothing covers no more than
the genitals, pubic region, and areolae of the female breasts, as
well as portions of the body covered by supporting straps or devices.
means a business or commercial enterprise that, as one of
its primary business purposes, offers for any form of consideration:
means an adult arcade, adult bookstore or adult video store,
adult cabaret, adult motel, adult motion picture theater, adult theater,
escort agency, nude model studio, or sexual encounter center.
means human genitals in a state of sexual arousal.
means and includes any of the following:
means the increase in floor area occupied by the business
by more than twenty (20) percent, as the floor area existed on the
date of the enactment of this article.
means and includes any of the following:
The sale, lease, or sublease of the business;
The transfer of securities that 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
that transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
(Ordinance 98-038, sec. 1, adopted 8/10/98; 1988 Code, sec. 21-126)
(a)
Except as provided by subsection (b) of this section, any person violating section 5.10.017 of this article, upon conviction, is punishable by a fine in accordance with the general penalty provided in section 1.01.009 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 5.10.008(a) or section 5.10.017 of this article is punishable as a class A misdemeanor.
(c)
Except as provided by subsection (b) of this section, above, any person violating a provision of this article other than section 5.10.017, upon conviction, is punishable by a fine in accordance with the general penalty provided in section 1.01.009 for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs.
(d)
It is a defense to prosecution under section 5.10.008(a), section 5.10.017 or section 5.10.020(d) of this article that a person appearing in a state of nudity or semi-nudity did so in a modeling class operated:
(1)
By a proprietary school licensed by the state; a college, junior
college, or university supported entirely or partly by taxation;
(2)
By a private college or university which maintains and operates educational
programs in which credits are transferable to a college, junior college,
or university supported entirely or partly by taxation; or
(3)
In a structure:
(A)
Which has no sign visible from the exterior of the structure and
no other advertising that indicates a nude or semi-nude person is
available for viewing; and
(B)
Where in order to participate in a class a student must enroll at
least three (3) days in advance of the class; and
(C)
Where no more than one (1) nude or semi-nude model is on the premises
at any one (1) time.
(e)
It is a defense to prosecution under section 5.10.008(a) or section 5.10.017 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 98-038, sec. 1, adopted 8/10/98; 1988 Code, sec. 21-145; Ordinance adopting 2021 Code)
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of section 5.10.017 of this article is subject to a suit for injunction as well as prosecution for criminal violations.
(Ordinance 98-038, sec. 1, adopted 8/10/98; 1988 Code, sec. 21-146)
(a)
The
owner or operator of a sexually oriented business that is in existence
on the effective date of this article shall file an application within
thirty (30) days from the effective date of this article.
(b)
The
status quo of an existing sexually oriented business shall be maintained
during the licensing procedure.
(Ordinance 98-038, sec. 1, adopted 8/10/98; 1988 Code, sec. 21-148)
This article takes effect at 12:01 a.m. on September 1, 1998.
(Ordinance 98-038, sec. 1, adopted 8/10/98; 1988 Code, sec. 21-149)
Sexually oriented businesses are classified as follows:
(1)
Adult
arcades;
(2)
Adult
bookstores or adult video stores;
(3)
Adult
cabarets;
(4)
Adult
motels;
(5)
Adult
motion picture theaters;
(6)
Adult
theaters;
(7)
Escort
agencies;
(8)
Nude
model studios; and
(9)
Sexual
encounter centers.
(Ordinance 98-038, sec. 1, adopted 8/10/98; 1988 Code, sec. 21-127)
(a)
A
person commits an offense if he operates a sexually oriented business
without a valid license issued by the city for the particular type
of business.
(b)
An
application for a license must be made on a form provided by the chief
of police. The application form shall be sworn to and shall:
(1)
Include the name and address of the applicant;
(2)
State whether the applicant meets each of the requirements set forth in section 5.10.009 of this article;
(3)
Include the name and address of each person required to sign the application pursuant to section 5.10.008(d) of this article, and the name, address and type of entity (if applicable) of each person or entity owned or controlled by such person that owns or controls an interest in the business to be licensed; and
(4)
Such other matters, consistent with this article, as may be specified in the application form. 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. Applicants who must comply with section 5.10.023 of this article shall submit a diagram meeting the requirements of section 5.10.023 of this article.
(c)
The
applicant must be qualified according to the provisions of this article
and the premises must be inspected and found to be in compliance with
the law by the chief of police.
(d)
If a person who wishes to operate a sexually oriented business is an individual, he or she 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 twenty (20) percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under section 5.10.009 of this article and each applicant shall be considered a licensee if a license is granted.
(Ordinance 98-038, sec. 1, adopted 8/10/98; 1988 Code, sec. 21-128)
(a)
The
chief of police shall approve the issuance of a license to an applicant
within thirty (30) days after receipt of an application unless the
chief of police finds one (1) or more of the following to be true:
(1)
An applicant is under eighteen (18) years of age.
(2)
An applicant or an applicant’s spouse is overdue in 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.
(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. The fact that
a conviction is being appealed shall have no effect.
(5)
The license 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.
(8)
The premises to be used for the sexually oriented business are not
in compliance with all applicable city laws, regulations and ordinances.
(9)
An applicant or an applicant’s spouse has been convicted of
a crime:
(A)
Involving:
(i)
Any of the following offenses as 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 foregoing offenses;
(v)
Criminal attempt, conspiracy, or solicitation to commit any
of the above;
(B)
For which:
(i)
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 (2) or more misdemeanor offenses or combination of misdemeanor
offenses occurring within any 24-month period.
(b)
The
fact that a conviction is being appealed shall have no effect on the
disqualification of the applicant or applicant’s spouse.
(c)
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.
(Ordinance 98-038, sec. 1, adopted 8/10/98; 1988 Code, sec. 21-129)
The annual fee for a sexually oriented business license shall be as set forth in the fee schedule in appendix A of this code.
(Ordinance 98-038, sec. 1, adopted 8/10/98; 1988 Code, sec. 21-130; Ordinance adopting 2021 Code)
(a)
An
applicant or licensee shall permit representatives of the city police
department 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 a lawful inspection of
the premises by a representative of the police department 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
that are currently being rented by a customer for use as a permanent
or temporary habitation.
(Ordinance 98-038, sec. 1, adopted 8/10/98; 1988 Code, sec. 21-131)
Each license shall expire one (1) year from the date of issuance and may be renewed only by making application as provided in section 5.10.008. Application 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 98-038, sec. 1, adopted 8/10/98; 1988 Code, sec. 21-132)
The chief of police shall suspend a license for a period not
to exceed thirty (30) days if he determines that a licensee or an
agent or employee of a licensee has:
(2)
Engaged
in excessive use of alcoholic beverages 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; or
(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 98-038, sec. 1, adopted 8/10/98; 1988 Code, sec. 21-133)
(a)
The chief of police shall revoke a license if a cause of suspension in section 5.10.013 of this article occurs and the license has been suspended within the preceding twelve (12) months.
(b)
The
chief of police shall revoke a license if he determines that:
(1)
A licensee gave false or misleading information in the material submitted
to the chief of police during the application process;
(2)
A licensee, an agent or an employee has knowingly allowed possession,
use, or sale of controlled substances on the premises;
(3)
A licensee, an agent or an employee has knowingly allowed prostitution
on the premises;
(4)
A licensee, an agent 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 5.10.009(a)(9)(A) for which the time period required in section 5.10.009(a)(9)(B) has not elapsed;
(6)
On two (2) or more occasions within a 12-month period, a person or persons committed an offense, occurring in or on the licensed premises, of a crime listed in section 5.10.009(a)(9)(A), for which a conviction has been obtained, and the person or persons were agents or employees of the sexually oriented business at the time the offenses were committed;
(7)
A licensee or an agent 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, Texas Penal Code; or
(8)
A licensee is delinquent in payment to the city for any ad valorem
taxes, sales or other 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) of this section does not apply to adult motels as a ground for revoking the license unless the licensee, agent 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.
(e)
When the chief of police 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 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 shall 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) of this section, an applicant may not be granted another license until the appropriate number of years required under section 5.10.009(a)(9)(B) has elapsed.
(Ordinance 98-038, sec. 1, adopted 8/10/98; 1988 Code, sec. 21-134)
If the chief of police denies the issuance of a license, or
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 and the right to an appeal. Upon receipt
of written notice of the denial, suspension, or revocation, the licensee
whose application for a license has been denied or whose license has
been suspended or revoked shall have 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 chief of police. The licensee shall bear the burden of proof
in court.
(Ordinance 98-038, sec. 1, adopted 8/10/98; 1988 Code, sec. 21-135)
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 98-038, sec. 1, adopted 8/10/98; 1988 Code, sec. 21-136)
(a)
A
person commits an offense if the person operates or causes to be operated
a sexually oriented business within one thousand (1,000) feet of:
(b)
A
person commits an offense if he or she causes or permits the operation,
establishment, substantial enlargement, or transfer of ownership or
control of a sexually oriented business located within one thousand
(1,000) feet of another sexually oriented business.
(c)
A
person commits an offense if he or she causes or permits the operation,
establishment, or maintenance of more than one (1) sexually oriented
business in the same building, structure, or portion thereof, or the
increase of floor area of any sexually oriented business in any building,
structure, or portion thereof, containing another sexually oriented
business.
(d)
For the purpose of subsection (a) of this section, 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 a part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a church, school, child-care facility or building or structure in which alcoholic beverages are offered for sale, or to the nearest boundary of an affected public park, residential district, or residential lot.
(e)
For the purposes of subsection (b) of this section, the distance between any two (2) 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)
Any sexually oriented business lawfully operating on the effective date of this article that is in violation of subsection (a), (b), or (c) of this section shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed twelve (12) months, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming use shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses are within one thousand (1,000) feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at a particular location is the conforming use and the later-established businesses is nonconforming.
(g)
A
sexually oriented business lawfully operated 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, child-care facility, public park, residential district, or
residential lot, or any building or structure in which alcoholic beverages
are offered for sale, within one thousand (1,000) 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 98-038, sec. 1, adopted 8/10/98; 1988 Code, sec. 21-137)
(a)
If
the chief of police denies the issuance of a license to an applicant
because the location of the sexually oriented business establishment
is in violation of any section of this article, then the applicant
may, not later than ten (10) calendar days after receiving notice
of the denial, file with the city clerk a written request for an exemption
from the location restrictions of this article.
(b)
If
the written request is filed with the city clerk within the ten-day
limit, the city council shall consider the request. The city council
shall set a date for a public hearing within sixty (60) days from
the date the written request is received.
(c)
A
hearing by the city council may proceed if a quorum of the city council
is present. The city council shall hear and consider evidence offered
by any interested person. The formal rules of evidence do not apply.
(d)
The
city council may, in its discretion, grant an exemption from the location
restrictions of this article 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 be contrary to the
public safety or 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 or rural blight;
(4)
The location of an additional sexually oriented business in the area
will not be contrary to 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
city council 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 city council is final.
(f)
If
the city council grants the exemption, the exemption is valid for
one (1) year from the date of the city council’s action. Upon
the expiration of an exemption, the sexually oriented business is
in violation of the location restrictions of this article until the
applicant applies for and receives another exemption.
(g)
If
the city council denies the exemption, the applicant may not reapply
for an exemption until at least twelve (12) months have elapsed since
the date of the city council’s action.
(h)
The
grant of an exemption does not exempt the applicant from any other
provisions of this article other than the location restrictions.
(Ordinance 98-038, sec. 1, adopted 8/10/98; 1988 Code, sec. 21-138)
(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 98-038, sec. 1, adopted 8/10/98; 1988 Code, sec. 21-139)
(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 or semi-nudity in or on the premises
of a nude model 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 semi-nudity
or knowingly allows another to appear in a state of nudity or semi-nudity
in an area of a nude model studio premises which can be viewed from
the public right-of-way.
(d)
A
nude model 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 98-038, sec. 1, adopted 8/10/98; 1988 Code, sec. 21-140)
(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 or semi-nudity
in or on the premises of an adult theater or adult motion picture
theater.
(b)
A
person under the age of eighteen (18) years commits an offense if
he knowingly appears in a state of nudity or semi-nudity in or on
the premises of an adult theater or adult motion picture theater.
(Ordinance 98-038, sec. 1, adopted 8/10/98; 1988 Code, sec. 21-141)
(a)
Evidence
that a sleeping room in a hotel, motel, or similar commercial establishment
has been rented and vacated two (2) 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.
(b)
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 rents or subrents
a sleeping room to a person and, within ten (10) hours from the time
the room is rented, he rents or subrents the same sleeping room again.
(Ordinance 98-038, sec. 1, adopted 8/10/98; 1988 Code, sec. 21-142)
(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 one hundred fifty (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 (1) or more manager’s stations,
the location of all overhead lighting fixtures and switches, which
lights are controlled by which switches and designating any portion
of the premises in which patrons will not be permitted. Only agents
or employees shall have access to light switches. 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 of all areas of the interior of the
premises to an accuracy of plus or minus six (6) inches. 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 for 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 chief of police.
(4)
It is the duty of the owners and operator of the premises to ensure
that at least one (1) employee is on duty and situated in each 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 have two (2) 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 (1) 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 also shall be the duty of any agents and employees present in the premises, to ensure that the view area specified in subsection (a)(5) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any patron is present on 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.
(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 (1.0) footcandle
as measured at the floor level.
(8)
It shall be the duty of the owners and operator and it also shall
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 on the premises.
(Ordinance 98-038, sec. 1, adopted 8/10/98; 1988 Code, sec. 21-143)
(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,
buttocks, or female breasts;
(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 an item in such
a manner that, without obtaining assistance from an agent or employee
of the business establishment:
(Ordinance 98-038, sec. 1, adopted 8/10/98; 1988 Code, sec. 21-144)
