Based on public testimony and other evidence before it, including
information, studies and court decisions from other jurisdictions,
the city council makes the following legislative findings and statement
of purpose: The council recognizes that some activities which occur
in connection with sexually oriented businesses are protected as expression
under the First Amendment to the United States Constitution. The council
further recognizes the First Amendment rights are among our most precious
and highly protected rights, and wishes to act consistently with full
protection of those rights. The council is aware, however, that sexually
oriented businesses may and do generate secondary effects which are
detrimental to the public health, safety, and welfare. Among these
secondary effects are: (a) prostitution and other sex-related offenses,
(b) drug use and dealing, (c) health risks through the spread of AIDS
and other sexually transmitted diseases, and (d) infiltration by organized
crime for the purpose of drug- and sex-related business activities,
laundering of money and other illicit conduct. This article is not
intended to interfere with legitimate expression but to avoid and
mitigate the secondary effects enumerated above. Specifically, the
council finds that licensing of persons who operate and manage sexually
oriented businesses and persons who provide adult services will further
the goals of this article by enabling the city to ascertain if an
applicant is underage or has engaged in criminal or other behavior
of the sort this article is designed to limit. This information will
enable the city to allocate law enforcement resources effectively
and otherwise protect the community. The council finds that limiting
proximity and contact between adult service providers and patrons
promotes the goal of reducing prostitution and other casual sexual
conduct and the attendant risk of sexually transmitted diseases. The
council finds the foregoing to be true with respect to places where
alcohol is served and where it is not. The council finds that individual
and interactive sexual activities in adult video facilities pose a
risk of sexually transmitted disease, especially AIDS, and that the
open booth requirement of this article will reduce that risk. The
council finds that the harmful secondary effects of sexually oriented
businesses are more pronounced when conducted continuously or during
late-night hours. The fees established for licenses and permits in
this article are based on the estimated cost of implementation, administration,
and enforcement of the licensing program.
(2000 Code, sec. 7-301)
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:
Dancing, service of food or beverages, modeling, posing,
wrestling, singing, reading, talking or listening, or other performances
or activities conducted for any consideration in an adult business
by a person who is nude during all or part of the time that the person
is providing the service.
A business establishment or premises where any adult service
is provided to patrons in the regular course of business and as one
of its principal business purposes.
Any person who provides an adult service.
A commercial establishment where, for any consideration,
films, motion pictures, videocassette projections, videos, or other
visual media characterized by depiction of “specified sexual
activities” or “specified anatomical areas” are
shown in the regular course of business as a principal business purpose
of the establishment. “Adult video facility” does not
include a theater where all viewing occurs in a common area with seating
for fifty (50) or more persons.
A partitioned area in which coin- or token-operated video
machines, projectors or other electronically or mechanically controlled
devices are used in the regular course of business to produce still
or moving picture images characterized by depiction of specified sexual
activities or specified anatomical areas.
A sexually oriented business licensed to provide alcoholic beverages pursuant to a license described in chapter 11 of the Texas Alcoholic Beverage Code.
The chief of police of the city or the chief’s designee.
Any person hired, engaged or authorized to perform any service
on the premises of an adult service business, including an adult service
provider, whether denominated as an employee, independent contractor
or otherwise.
An organization or venture, especially with financial commitment,
where related activities are under unified operation or common control
for a common business purpose.
The finance director of the city or the finance director’s
designee.
The license required by this article as a condition of conducting
a sexually oriented business.
A person or enterprise holding a sexually oriented business license issued under this article, including those persons required to provide information under section 4.08.006(c) of this article.
A permanently designated area marked accordingly within a
sexually oriented business where a sexually oriented business manager
is located in the normal course of operations.
Without opaque non-flesh-colored fabric fully covering the
genitals, pubic hair, vulva, mons veneris, anus, cleft of the buttocks,
and the part of the female breast directly below the top of the areola.
A person invited or permitted to enter and remain upon the
premises of a sexually oriented business, whether or not for a consideration.
The permit required by this article to engage in the activity
of an adult service provider or sexually oriented business manager.
An adult service business or an adult facility.
A person on the premises of a sexually oriented business
who is authorized to exercise overall operational control of the business.
Human genitals, pubic hair, vulva, mons veneris, anus, cleft
of the buttocks, female breast below the top of the areola or human
male genitals in a discernibly turgid state, even if completely and
opaquely covered.
Actual or simulated sexual intercourse, masturbation, fellatio,
cunnilingus, sodomy, flagellation, bestiality, fondling or touching
of human genitals, pubic region, buttocks or the female breast, or
any combination of the foregoing.
(2000 Code, sec. 7-302; Ordinance
adopting Code)
(a)
The
violation of any provision of this article, including the doing of
anything which is herein prohibited or declared to be unlawful or
the failure to do anything or perform any duty which is required herein,
shall be punishable as provided by section 243.010(b) of the Local
Government Code as amended.
(b)
In
addition to other penalties, a sexually oriented business which operates
without a valid license shall constitute a public nuisance which may
be abated by a suit for injunctive relief.
(2000 Code, sec. 7-322)
(a)
The
administration of this article, including the duty of prescribing
forms, is vested in the chief of police, except as otherwise specifically
provided.
(b)
License
or permit applications made pursuant to this article shall be submitted
to the chief of police. He/she shall grant, deny, suspend, or revoke
licenses or permits in accordance with the provisions of this article.
(c)
Licenses
or permits issued pursuant to this article shall be valid for a period
of one year from date of issuance.
(2000 Code, sec. 7-303)
(a)
A
person may not conduct a sexually oriented business without first
obtaining a sexually oriented business license pursuant to this article.
The license shall state the name of the license holder; the name,
address and phone number of the licensed premises; and the dates of
issuance and expiration of the license.
(b)
A
sexually oriented business for which a license has been issued pursuant
to this article may conduct business only under the name or designation
specified in the license.
(c)
A
licensee shall conduct business only at the address shown on the license.
Each additional place of business shall require a separate license.
(d)
A
sexually oriented business license shall be displayed on the premises
in such a manner as to be readily visible to patrons.
(2000 Code, sec. 7-304)
(a)
An applicant for a sexually oriented business license shall file in person at the office of the chief of police an application, signed under oath by the applicant and notarized, accompanied by the fee required under section 4.08.020. An applicant or other person whose fingerprints and photograph are required under subsection (c) may, at his option, be photographed and fingerprinted at the office of the chief of police or other city location not later than the close of business of the first business day after filing for an application[. The application shall include] any payment of fees, all information required in subsection (c), photograph and fingerprints of the applicant and, in the case of a corporation or other business organization, photograph and fingerprints of all persons for whom information is required under subsection (c) of this section.
(b)
The
fingerprints and photograph, if not taken at the office of the chief,
shall be taken by a law enforcement agency and accompanied by a notarized
verification by the agency.
(c)
The
application shall include the information called for in subsections
(1) through (9). If the applicant is an enterprise, it shall designate
an officer or partner as applicant. In such case, in addition to the
information required in subsections (1) through (9) for the applicant,
the application shall include the state and date of formation of the
organization and the information called for in subsections (2) through
(6) of this subsection with respect to each officer, director, general
partner, and all other persons with authority to participate directly
and regularly in the business; provided that such information need
not be provided with respect to attorneys, accountants and other persons
whose primary function is to provide professional advice and assistance
to the licensee.
(1)
The name, business location, business mailing address and phone number
of the proposed sexually oriented business establishment.
(2)
The full, true name and any other names, aliases or stage names used
in the preceding five (5) years.
(3)
Current residential mailing address and telephone number.
(4)
Written proof of age, in the form of a birth certificate, current
driver’s license with picture, or other picture identification
document issued by a governmental agency.
(5)
The issuing jurisdiction and the effective dates of any license or
permit relating to a sexually oriented business or adult service,
and whether any such license or permit has been revoked or suspended,
and, if so, the reason or reasons therefor.
(6)
All criminal charges, complaints or inducements in the preceding
three (3) years which resulted in a conviction or a plea of guilty
or no contest for an “organized crime and fraud” offense
under chapter 71 of the Texas Penal Code, a “prostitution”
offense under chapter 43 of the Texas Penal Code, a “drug offense”
under chapters 481 and 483 of the Texas Health and Safety Code, or
a “sexual offense” under chapters 21, 22, 25 and/or 42
of the Texas Penal Code, or for conduct in another jurisdiction which
if carried out in this state would constitute an offense under one
of the statutory provisions enumerated in this subsection.
(7)
The name and address of the statutory agent or other agent authorized
to receive service of process.
(8)
The names of the sexually oriented business managers who shall have
actual supervisory authority over the operations of the business.
(9)
An accurate, to scale, but not necessarily professionally drawn,
floor plan of the business or premises clearly indicating the location
of one or more manager’s stations.
(2000 Code, sec. 7-305)
(a)
A
person may not work as an adult service provider unless the person
has first obtained an adult service provider permit under this article.
(b)
Application for an adult service provider permit shall be made in the same manner as an application for a sexually oriented business license except that the applicant need provide only the information called for in subsections (2) through (6) of section 4.08.006(c).
(2000 Code, sec. 7-307)
The information provided by an applicant in connection with
the application for a license or permit under this article shall be
maintained by the chief on a confidential basis, except that such
information may be disclosed to other governmental agencies in connection
with a law enforcement or public safety function.
(2000 Code, sec. 7-308)
(a)
Within
forty-five (45) days after receipt of a completed application for
a sexually oriented business license, the chief shall mail to the
applicant a license or a notice of intent to deny. If the chief fails
to do so, the license shall be deemed granted.
(b)
Upon
receipt of a complete application for a sexually oriented business
manager permit or an adult service provider permit, payment of the
required fees and completion of the photograph and fingerprinting
requirements of this article, the chief shall issue the applicant
a temporary permit. Within thirty (30) days after issuance of a temporary
permit, the chief shall mail to the applicant a regular permit or
a notice of intent to deny.
(c)
The
issuance of any license or permit does not waive any right of revocation
or denial the city may have at the time of issuance.
(d)
The chief shall grant the license or permanent permit to an applicant who has completed all requirements for application, unless the chief finds any of the following conditions. For purposes of this subsection (d), a person required to submit information pursuant to section 4.08.006(c) shall be deemed an applicant.
(1)
The application is incomplete or contains a misrepresentation, false
statement or omission.
(2)
The applicant has failed to comply with applicable zoning or other
land use ordinances and regulations of the city relating to the business
or activity to be carried out under the license or permit; or is delinquent
in payment of any city taxes, fees or other payments due in connection
with such business or activity.
(3)
The applicant is not at least eighteen (18) years of age.
(4)
The applicant or other person required to provide information under section 4.08.006(c), in the past three (3) years, has been convicted or pled guilty or no contest with respect to a felony violation or two misdemeanor violations of one or more offenses in the categories stated in section 4.08.006(c)(6).
(5)
Within the past two (2) years, a license or permit under this article held by an applicant, or other person required to provide information pursuant to section 4.08.006(c), has been revoked, or a similar license in another jurisdiction has been revoked on the basis of conduct which would be a ground for revocation of a license or permit issued under this article if committed in the city.
(2000 Code, sec. 7-309)
Licenses and permits issued under this article are nontransferable.
(2000 Code, sec. 7-310)
The chief shall provide to all adult service providers and sexually
oriented business managers a work identification card. The card shall
contain a photograph of the permittee, the number of the permit issued
to that permittee and the date of expiration of the permit.
(2000 Code, sec. 7-311)
(a)
A
person employed or acting as an adult service provider or manager
shall have a valid permit issued pursuant to the provisions of this
article. A permit or a certified copy thereof for each manager or
provider shall be maintained on the premises in the custody of the
manager at all times during which a person is serving as a provider
or manager on the premises. Such permits shall be produced by the
manager for inspection upon request by a law enforcement officer or
other authorized city official.
(b)
An
adult service business shall maintain a daily log of all persons providing
adult services on the premises. The log shall cover the preceding
twelve-month period and shall be available for inspection upon request
by a law enforcement officer during regular business hours.
(c)
A
person below the age of eighteen (18) years may not observe or provide
an adult service.
(d)
A
person may not provide an adult service in an adult service business
except upon a stage elevated at least eighteen (18) inches above the
floor level. All parts of the stage, or a clearly designated area
thereof within which the adult service is provided, shall be a distance
of at least three (3) feet from all parts of a clearly designated
area in which patrons may be present. The stage or designated area
thereof shall be separated from the area in which patrons may be located
by a barrier or railing, the top of which is at least three (3) feet
above floor level. A provider or patron may not extend any part of
his or her body over or beyond the barrier or railing.
(e)
An
adult service provider, in the course of providing an adult service,
may not perform a specified sexual activity.
(f)
Adult
services may not be provided between the hours of 1:30 a.m. and 6:00
a.m. Monday though Saturday, or between 1:30 a.m. and 10:00 a.m. on
Sunday.
(g)
An
adult service may not be provided in any location which is not visible
by direct line of sight at all times from a manager’s station
located in a portion of the premises which is accessible to patrons
of the adult service business.
(h)
An
adult service provider shall wear his or her adult service provider
work identification card at all times while on the premises except
while providing an adult service. The card shall be affixed to clothing
on the front of the person and above the waist level so that the picture
and permit number are clearly visible to patrons.
(i)
A sexually oriented business manager shall be on the premises of an adult service business at all times during which any adult service is provided on the premises. The manager shall wear his or her identification card in the manner described in subsection (h) above.
(j)
An
employee may not touch the breast, buttocks, or genitals of a patron
nor may a patron touch the breast, buttocks, or genitals of an employee.
(l)
A
patron may not place any money on the person or in or on the costume
of an adult service provider.
(m)
A
manager or licensee may not knowingly permit or tolerate a violation
of any provision of this section.
(n)
With
respect to a cabaret, the requirements of this section shall apply
to the extent that they are not in conflict with specific statutory
or valid regulatory requirements applicable to persons licensed to
dispense alcoholic beverages.
(2000 Code, sec. 7-312)
(a)
An
adult video facility 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) footcandle,
as measured at the floor level.
(b)
An
adult video facility shall be configured in such a way that a patron,
whether sitting or standing, is visible below the waist by direct
line of sight from a manager’s station at all times during which
the patron is viewing video material characterized by depiction of
specified anatomical areas or specified sexual activities. The manager’s
station shall be located in a portion of the premises accessible to
patrons.
(c)
A sexually oriented business manager shall be on the premises of an adult video facility at all times that the facility is open for business. The manager shall wear his or her identification card in the manner described in section 4.08.012(h).
(d)
A
patron may not engage in specified sexual activities on the premises
of an adult video facility.
(f)
A
manager or licensee may not knowingly permit or tolerate a violation
of any provision of this section.
(2000 Code, sec. 7-313)
The manager of a sexually oriented business shall maintain on the premises business records reflecting all receipts and expenditures with respect to the business for the preceding two (2) years. The manager shall permit law enforcement officers of the city to inspect the premises and the finance director to inspect the business records upon request during regular business hours, subject to section 4.08.008.
(2000 Code, sec. 7-314)
The chief shall suspend a license or permit for a period of
ten (10) days if the licensee or permittee is convicted of violating
a provision of this article.
(2000 Code, sec. 7-315)
The chief shall revoke a license or permit issued pursuant to
this article if the licensee or permittee:
(1)
Is
convicted of three (3) or more violations of this article in any twelve-month
period.
(2)
Is convicted of or pleads guilty or no contest to an offense stated in section 4.08.006(c)(6).
(2000 Code, sec. 7-316)
If the chief determines that grounds exist for denial, suspension,
or revocation of a license or permit under this article, he shall
notify the applicant, licensee or permittee (respondent) in writing
of his intent to deny, suspend, or revoke, including a summary of
the grounds therefor. The notification shall be by certified mail
to the address on file with the chief. Within ten (10) working days
of receipt of such notice, the respondent may provide to the chief
in writing a response which shall include a statement of reasons why
the license or permit should not be denied, suspended, or revoked
and may include a request for a hearing. If a response is not received
by the chief in the time stated, the notification shall be final administrative
action of denial, suspension or revocation and notice of such will
be sent to the permittee or licensee within five (5) working days
after expiration of the period for submitting a response. Within five
(5) working days after receipt of a response, the chief shall either
withdraw the intent to deny, suspend, or revoke, and send notification
of the withdrawal to the respondent in writing by certified mail,
or shall schedule a hearing before the city manager or his designee
and shall send notification to the respondent in writing by certified
mail of the date, time and place of the hearing. If the chief fails
to send a timely notification either withdrawing the intent or scheduling
a hearing, the intent to deny, suspend or revoke shall be deemed withdrawn.
The hearing, if requested, shall be scheduled not less than fifteen
(15) nor more than twenty (20) working days after receipt by the chief
of the request for a hearing. The hearing shall be conducted in an
informal manner. The respondent may be represented by counsel. The
rules of evidence shall not apply. The city manager shall render a
written decision within five (5) working days after completion of
the hearing and shall mail a copy of the decision by certified mail
to the address of the respondent on file with the chief. In no case
shall more than forty-five (45) days elapse between receipt by the
chief of a request for a hearing and mailing by the city manager of
a final decision to the respondent[. If the city manager fails to
mail the final decision within such time], a decision in favor of
the applicant, licensee or permittee shall be deemed to have been
rendered. In the case of an intent to revoke, suspend or not renew
a license or permit, or to deny a regular permit, the permittee or
licensee may continue to function under the license or permit pending
receipt of the final decision of the city manager. The decision shall
be final at the end of five (5) working days after it is mailed and
shall constitute final administrative action.
(2000 Code, sec. 7-317)
Final administrative action to deny, revoke, or not renew a
license or permit may be appealed to the district court by special
action or other viable procedure within thirty-five (35) days after
receipt of written notice of the decision. The city shall consent
to expedited hearing and disposition.
(2000 Code, sec. 7-318)
(a)
A
license or permit may be renewed by filing an application for renewal.
The application shall contain the information required to be submitted
with the original application, provided that a renewal application
need not contain information that has been provided in a previous
application and has not changed since the time of the most recent
application. An application for license renewal shall be received
by the chief not less than forty-five (45) days before the expiration
of the license. Application for permit renewal shall be received by
the chief before the expiration of the permit.
(2000 Code, sec. 7-319)
(a)
An
original application for a sexually oriented business license shall
be accompanied by a nonrefundable application fee as set forth in
the master fee schedule. The license fee will be refunded if the license
is denied. An application for renewal shall be accompanied by the
amount of the license fee.
(b)
An
application for issuance or renewal of an adult service provider permit
shall be accompanied by a nonrefundable fee as set forth in the master
fee schedule.
(c)
An
application for issuance or renewal of a sexually oriented business
manager permit shall be accompanied by a nonrefundable fee as set
forth in the master fee schedule.
(d)
A
duplicate or certified copy of a license, permit or identification
card shall be issued by the director upon payment of a fee as set
forth in the master fee schedule.
(2000 Code, sec. 7-320; Ordinance 23-3746 adopted 5/23/2023)
A license or permit required by this article is in addition
to any other license or permit required by the city, the county, or
the state to engage in the business or occupation. Persons engaging
in activities described in this article shall comply with all other
ordinances and laws, including the city zoning ordinance, as may be
required to engage in a business or profession.
(2000 Code, sec. 7-321)
This article shall apply to all persons engaging in the activities
described herein, whether or not such activities were commenced prior
to the effective date of this article (ordinance adopted July 25,
1995). Persons so engaged as of the effective date of this article
shall be in full compliance with this article, including receipt of
any required license or permit, within one hundred eighty (180) days
after the effective date of this article.
(2000 Code, sec. 7-323)
