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:
Adult service.
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.
Adult service business.
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.
Adult service provider or provider.
Any person who provides an adult service.
Adult video facility.
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.
Booth.
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.
Cabaret.
A sexually oriented business licensed to provide alcoholic beverages pursuant to a license described in chapter 11 of the Texas Alcoholic Beverage Code.
Chief of police.
The chief of police of the city or the chief’s designee.
Employee.
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.
Enterprise.
An organization or venture, especially with financial commitment, where related activities are under unified operation or common control for a common business purpose.
Finance director.
The finance director of the city or the finance director’s designee.
License.
The license required by this article as a condition of conducting a sexually oriented business.
Licensee.
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.
Manager’s station.
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.
Nude.
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.
Patron.
A person invited or permitted to enter and remain upon the premises of a sexually oriented business, whether or not for a consideration.
Permit.
The permit required by this article to engage in the activity of an adult service provider or sexually oriented business manager.
Sexually oriented business.
An adult service business or an adult facility.
Sexually oriented business manager or manager.
A person on the premises of a sexually oriented business who is authorized to exercise overall operational control of the business.
Specified anatomical areas.
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.
Specified sexual activities.
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.
(d) 
The information provided pursuant to subsections (5) and (6) of subsection (c) of this section shall be supplemented in writing by certified mail to the chief within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete.
(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)
(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.
(k) 
A sign, in a form to be prescribed by the chief, summarizing the provisions of subsections (c), (d), (j) and (l) of this section shall be posted near the entrance of an adult service business in such a manner as to be clearly visible to patrons upon entry.
(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.
(e) 
A booth shall:
(1) 
Be rectangular in shape;
(2) 
Have one side open without any door, wall, curtain or other obstruction on that side; and
(3) 
Not have any hole or aperture in any wall separating one such booth or viewing area from another.
(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)
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.
(b) 
The chief may deny an application for renewal for the reasons and in accordance with the procedure set forth in section 4.08.009.
(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.
(e) 
A fee as set forth in the master fee schedule shall be paid at the time of fingerprinting for each set of fingerprints to be provided for by the chief under section 4.08.006.
(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)